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PRINTER'S NO. 4288
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2820
Session of
2020
INTRODUCED BY ROZZI, McNEILL, McCARTER, DRISCOLL, SANCHEZ,
MADDEN, HOWARD, KINSEY, LEE, HILL-EVANS, DeLUCA, KENYATTA,
CIRESI, INNAMORATO, GREEN, NEILSON AND READSHAW,
AUGUST 28, 2020
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, AUGUST 28, 2020
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), entitled "An act Special Session No. 2 of
1936 establishing a system of unemployment compensation to be
administered by the Department of Labor and Industry and its
existing and newly created agencies with personnel (with
certain exceptions) selected on a civil service basis;
requiring employers to keep records and make reports, and
certain employers to pay contributions based on payrolls to
provide moneys for the payment of compensation to certain
unemployed persons; providing procedure and administrative
details for the determination, payment and collection of such
contributions and the payment of such compensation; providing
for cooperation with the Federal Government and its agencies;
creating certain special funds in the custody of the State
Treasurer; and prescribing penalties," in compensation,
further providing for rate and amount of compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 404(d)(1) of the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, is amended to read:
Section 404. Rate and Amount of Compensation.--Compensation
shall be paid to each eligible employe in accordance with the
following provisions of this section except that compensation
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payable with respect to weeks ending in benefit years which
begin prior to the first day of January 1989 shall be paid on
the basis of the provisions of this section in effect at the
beginning of such benefit years.
* * *
(d) (1) Notwithstanding any other provisions of this
section each eligible employe who is unemployed with respect to
any week ending subsequent to July 1, 1980 shall be paid, with
respect to such week, compensation in an amount equal to his
weekly benefit rate less the total of (i) the remuneration, if
any, paid or payable to him with respect to such week for
services performed which is in excess of his partial benefit
credit, (ii) vacation pay, if any, which is in excess of his
partial benefit credit, except when paid to an employe who is
permanently or indefinitely separated from his employment and
(iii) the amount of severance pay that is attributed to the
week. Money paid or payable to an eligible claimant for services
performed as a poll worker in this Commonwealth shall not be
included as remuneration under this subsection and the amount of
such money paid or payable shall not lessen, compromise or
jeopardize the weekly benefit of the eligible claimant for the
week in which poll worker services are performed. As used in
this clause, "poll worker" means any of the following: a clerk
recording the number of votes; an inspector of elections who
admits electors to vote; a machine inspector who attends to
voting machinery; and an overseer who is present with the
officers of elections as votes are counted, returns made and
signed and votes recorded under the act of June 3, 1937
(P.L.1333, No.320), known as the "Pennsylvania Election Code ."
* * *
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Section 2. This act shall take effect immediately.
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