Bill Text: PA HB1968 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Further providing for qualifications required to secure compensation.

Spectrum: Slight Partisan Bill (Republican 21-12)

Status: (Introduced - Dead) 2011-11-09 - Referred to LABOR AND INDUSTRY [HB1968 Detail]

Download: Pennsylvania-2011-HB1968-Introduced.html

---

PRINTER'S NO. 2720
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1968 Session of2011
INTRODUCED BY FARRY, GINGRICH, BOBACK, BOYD, CALTAGIRONE, CARROLL, COHEN, CREIGHTON, DeLUCA, DONATUCCI, ELLIS, EVERETT, GEIST, GIBBONS, GOODMAN, JOSEPHS, KAVULICH, KILLION, MILLER, MILNE, MURT, MYERS, RAPP, REICHLEY, ROSS, SAYLOR, SCHRODER, SWANGER, TAYLOR, VULAKOVICH, WAGNER, WATSON AND YOUNGBLOOD, NOVEMBER 9, 2011
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, NOVEMBER 9, 2011
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," further providing for
qualifications required to secure compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 401 of the act of December 5, 1936 (2nd
Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, amended September 29, 1951 (P.L.1580, No.408),
July 9, 1976 (P.L.842, No.147), July 6, 1977, P.L.41, No.22),
July 10, 1980 (P.L.521, No.108), July 21, 1983 (P.L.68, No.30)
and December 9, 2002 (P.L.1330, No.156), is amended to read:
Section 401. Qualifications Required to Secure
Compensation.--Compensation shall be payable to any employe who
is or becomes unemployed, and who--
(a) Has, within his base year, been paid wages for
employment as required by section 404(c) of this act: Provided,
however, That not less than twenty per centum [(20%)] of the
employe's total base year wages have been paid in one or more
quarters, other than the highest quarter in such employe's base
year.
(b) Has registered for work at, and thereafter continued to
report to an employment office in accordance with such
regulations as the secretary may prescribe, except that the
secretary may by regulation waive or alter either or both of the
requirements of this clause as to individuals attached to
regular jobs and as to such other types of cases or situations
with respect to which he finds that compliance with such
requirements would be oppressive or would be inconsistent with
the purposes of the act: Provided, however, That no such
regulation shall conflict with section four hundred and one (c)
of this act[;].
(c) Has made a valid application for benefits with respect
to the benefit year for which compensation is claimed and has
made a claim for compensation in the proper manner and on the
form prescribed by the department[;].
(d) (1) Is able to work and available for suitable work:
Provided, That no otherwise eligible claimant shall be denied
benefits for any week because he is in training with the
approval of the secretary nor shall such individual be denied
benefits with respect to any week in which he is in training
20110HB1968PN2720 - 2 -
with the approval of the secretary by reason of the application
of the provisions of this subsection relating to availability
for work or the provisions of section 402(a) of this act
relating to failure to apply for or a refusal to accept suitable
work.
(2) No otherwise eligible claimant shall be denied benefits
for any week in which his unemployment is due to exercising the
option of accepting a layoff, from an available position,
pursuant to a labor-management contract, or pursuant to an
established employer plan, program or policy.
(3) An otherwise eligible claimant shall not be denied
benefits for any week in which the claimant is not able and
available for suitable work or is not participating in job
search activities as required by subsection (b) if the claimant
is enrolled in and attending a training or certification or
diploma granting program at an institution of higher education
to obtain skills which can lead to a reasonable expectation of
employment within six months of enrollment. The department shall
develop an application process and regulations for
administration of such program, including active monitoring of a
claimant's progress in such program, and regulations for
termination by the department of a claimant's approval for the
program. The department shall consult local work force
investment boards for input on approving applications under this
subclause in order to ensure applicants are applying for
training which will lead to employment in occupations for which
work is readily available. Fifty per centum of the benefits paid
to claimants who are participating in training under this
subclause shall not be applied to base year employers. For the
purposes of this subclause, the term "institution of higher
20110HB1968PN2720 - 3 -
education" shall mean any of the following:
(i) An institution of the State System of Higher Education
created under Article XX-A of the act of March 10, 1949 (P.L.30,
No.14), known as the "Public School Code of 1949."
(ii) A community college created under Article XIX-A of the
"Public School Code of 1949."
(iii) The Pennsylvania State University, the University of
Pittsburgh, Temple University, Lincoln University and their
branch campuses and any other institution designated as "State-
related" by the Commonwealth after the effective date of this
subclause.
(iv) A private licensed school as defined in the act of
December 15, 1986 (P.L.1585, No.174), known as the "Private
Licensed Schools Act."
(v) An institution as the term is defined under 24 Pa.C.S. §
6501(a) (relating to applicability of chapter) that is
accredited by the Middle States Commission on Higher Education.
(e) (1) Has been unemployed for a waiting period of one
week.
(2) No week shall be counted as a week of unemployment for
the purposes of this section, (i) unless it occurs within the
benefit year which includes the week with respect to which such
employe claims compensation, or (ii) if compensation has been
paid or is payable with respect thereto, or (iii) unless the
employe was eligible for compensation with respect thereto under
all other provisions of this section and was not disqualified
with respect thereto under section 402(a), (b), (d), (e), (g),
(h) and (i).
(f) Has earned, subsequent to his separation from work under
circumstances which are disqualifying under the provisions of
20110HB1968PN2720 - 4 -
subsections 402(b), 402(e), 402(e.1) and 402(h) of this act,
remuneration for services in an amount equal to or in excess of
six (6) times his weekly benefit rate irrespective of whether or
not such services were in "employment" as defined in this act.
The provisions of this subsection shall not apply to a
suspension of work by an individual pursuant to a leave of
absence granted by his last employer, provided such individual
has made a reasonable effort to return to work with such
employer upon the expiration of his leave of absence.
(g) With respect to weeks of unemployment beginning on or
after January 1, 1978, wages for insured work shall include
wages paid for previously uncovered services. For the purposes
of this subsection, the term "Previously Uncovered Services"
means services--
(A) which were not in employment as defined in section 4(l)
and were not services covered pursuant to this act at anytime
during the one-year period ending December 31, 1975; and
(B) which--
(I) are agricultural labor (as defined in section (4)(l) (3)
(G) or domestic service (as defined in section 4(l)(3)(H)) or
(II) are services performed by an employe of the
Commonwealth or of a political subdivision thereof, as provided
in Article X and Article XII or by an employe of a nonprofit
educational institution which is not an institution of higher
education, as provided in Article XI, except to the extent that
assistance under Title II of the Emergency Jobs and Unemployment
Assistance Act of 1974 was paid on the basis of such services.
Section 2. This act shall take effect in 60 days.
20110HB1968PN2720 - 5 -