Bill Text: PA HB128 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for ineligibility for compensation.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-10-14 - Referred to LABOR AND INDUSTRY [HB128 Detail]

Download: Pennsylvania-2011-HB128-Introduced.html

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PRINTER'S NO. 2546
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 128 Session of2011
INTRODUCED BY MOUL, HESS, KAUFFMAN, BOYD, AUMENT, METCALFE AND HARRIS, OCTOBER 14, 2011
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 14, 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
ineligibility for compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 402 of the act of December 5, 1936 (2nd
Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, is amended by adding a subsection to read:
Section 402. Ineligibility for Compensation.--An employe
shall be ineligible for compensation for any week--
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(k) (1) In which his unemployment is based on employment as
a school bus driver or other motor vehicle driver by a private
contractor which is performing services for an educational
institution and the week of unemployment begins during a period
between two successive academic years or terms of the
educational institution if the individual performs the
employment in the first of the successive academic years or
terms and if there is a reasonable assurance that the individual
will perform the same employment in the second of the successive
academic years or terms, provided that if benefits are denied to
an individual under this subsection and that individual was not
offered an opportunity to perform the employment for the private
contractor for the second successive academic year or term, the
individual is entitled to a retroactive payment of benefits of
each week for which the individual filed a timely claim for
benefits and the benefits were denied solely by reason of this
subsection.
(2) In which his unemployment is based on employment as a
school bus driver or other motor vehicle driver by a private
contractor to an educational institution and the week or weeks
of unemployment begin during an established and customary
vacation period or holiday recess of the educational institution
and if the individual performs these services in the period
immediately before the vacation period or holiday recess and if
there is a reasonable assurance the individual will perform the
services in the period immediately following the vacation period
or holiday recess.
(3) The term "educational institution" as used in this
subsection shall have the same meaning as the term is used in
section 402.1.
Section 2. This act shall apply to initial claims filed on
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or after January 1, 2012.
Section 3. This act shall take effect January 1, 2012.
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