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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MOUL, HESS, KAUFFMAN, BOYD, AUMENT, METCALFE AND HARRIS, OCTOBER 14, 2011 |
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| REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 14, 2011 |
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| AN ACT |
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1 | Amending the act of December 5, 1936 (2nd Sp.Sess., 1937 |
2 | P.L.2897, No.1), entitled "An act establishing a system of |
3 | unemployment compensation to be administered by the |
4 | Department of Labor and Industry and its existing and newly |
5 | created agencies with personnel (with certain exceptions) |
6 | selected on a civil service basis; requiring employers to |
7 | keep records and make reports, and certain employers to pay |
8 | contributions based on payrolls to provide moneys for the |
9 | payment of compensation to certain unemployed persons; |
10 | providing procedure and administrative details for the |
11 | determination, payment and collection of such contributions |
12 | and the payment of such compensation; providing for |
13 | cooperation with the Federal Government and its agencies; |
14 | creating certain special funds in the custody of the State |
15 | Treasurer; and prescribing penalties," further providing for |
16 | ineligibility for compensation. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 402 of the act of December 5, 1936 (2nd |
20 | Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment |
21 | Compensation Law, is amended by adding a subsection to read: |
22 | Section 402. Ineligibility for Compensation.--An employe |
23 | shall be ineligible for compensation for any week-- |
24 | * * * |
25 | (k) (1) In which his unemployment is based on employment as |
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1 | a school bus driver or other motor vehicle driver by a private |
2 | contractor which is performing services for an educational |
3 | institution and the week of unemployment begins during a period |
4 | between two successive academic years or terms of the |
5 | educational institution if the individual performs the |
6 | employment in the first of the successive academic years or |
7 | terms and if there is a reasonable assurance that the individual |
8 | will perform the same employment in the second of the successive |
9 | academic years or terms, provided that if benefits are denied to |
10 | an individual under this subsection and that individual was not |
11 | offered an opportunity to perform the employment for the private |
12 | contractor for the second successive academic year or term, the |
13 | individual is entitled to a retroactive payment of benefits of |
14 | each week for which the individual filed a timely claim for |
15 | benefits and the benefits were denied solely by reason of this |
16 | subsection. |
17 | (2) In which his unemployment is based on employment as a |
18 | school bus driver or other motor vehicle driver by a private |
19 | contractor to an educational institution and the week or weeks |
20 | of unemployment begin during an established and customary |
21 | vacation period or holiday recess of the educational institution |
22 | and if the individual performs these services in the period |
23 | immediately before the vacation period or holiday recess and if |
24 | there is a reasonable assurance the individual will perform the |
25 | services in the period immediately following the vacation period |
26 | or holiday recess. |
27 | (3) The term "educational institution" as used in this |
28 | subsection shall have the same meaning as the term is used in |
29 | section 402.1. |
30 | Section 2. This act shall apply to initial claims filed on |
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1 | or after January 1, 2012. |
2 | Section 3. This act shall take effect January 1, 2012. |
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