PRINTER'S NO. 146
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
178
Session of
2021
INTRODUCED BY JAMES, CAUSER, CIRESI, HILL-EVANS, JOZWIAK,
KAUFFMAN, MIZGORSKI, NEILSON, OWLETT, PISCIOTTANO, ROTHMAN,
RYAN, SANCHEZ, THOMAS, WEBSTER, WHEELAND, D. WILLIAMS AND
ZIMMERMAN, JANUARY 15, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 15, 2021
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), entitled "An act 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 determination of
compensation, appeals, reviews and procedure, further
providing for determination of compensation appeals and for
decision of referee and further appeals and reviews.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 501(e) and 502 of the act of December 5,
1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
Unemployment Compensation Law, are amended to read:
Section 501. Determination of Compensation Appeals.--* * *
(e) Unless the claimant or last employer or base-year
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employer of the claimant files an appeal with the board, from
the determination contained in any notice required to be
furnished by the department under section five hundred and one
(a), (c) and (d), within [fifteen] twenty-one calendar days
after such notice was delivered to him personally, or was mailed
to his last known post office address, and applies for a
hearing, such determination of the department, with respect to
the particular facts set forth in such notice, shall be final
and compensation shall be paid or denied in accordance
therewith.
Section 502. Decision of Referee; Further Appeals and
Reviews.--Where an appeal from the determination or revised
determination, as the case may be, of the department is taken, a
referee shall, after affording the parties and the department
reasonable opportunity for a fair hearing, affirm, modify, or
reverse such findings of fact and the determination or revised
determination, as the case may be, of the department as to him
shall appear just and proper. The parties and their attorneys or
other representatives of record and the department shall be duly
notified of the time and place of a referee's hearing and of the
referee's decision, and the reasons therefor, which shall be
deemed the final decision of the board, unless an appeal is
filed therefrom, within [fifteen] twenty-one days after the date
of such decision the board acts on its own motion, to review the
decision of the referee. The testimony at any hearing before a
referee shall be taken by a recording device and be preserved
for a period of ninety days following expiration of the period
for filing an appeal from the final decision rendered in the
case. An unabridged transcript and audio recording of the
testimony shall be made available, at cost if not used for
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unemployment compensation purposes or a subsequent appeal, to
the parties and their attorneys or other representatives upon
written request to the referee.
Section 2. The amendment of sections 501(e) and 502 of the
act shall apply to determinations issued under section 501(e)
and decisions issued under section 502 on or after the
publication of the notice under section 3 of this act.
Section 3. The Secretary of Labor and Industry shall
transmit notice to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin upon completion of
modifications to the delivery system for unemployment
compensation benefits implementing the amendment of sections
501(e) and 502 of the act.
Section 4. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) This section.
(ii) Sections 2 and 3 of this act.
(2) The remainder of this act shall take effect upon
publication of the notice under section 3 of this act.
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