Bill Text: PA HB162 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for benefits based on service for educational institutions.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2009-01-30 - Referred to LABOR RELATIONS [HB162 Detail]

Download: Pennsylvania-2009-HB162-Introduced.html

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PRINTER'S NO. 158
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 162 Session of2009
INTRODUCED BY SOLOBAY, BELFANTI, BRENNAN, CALTAGIRONE, CARROLL, GRUCELA, HARKINS, MAHONEY, MELIO, M. O'BRIEN AND SIPTROTH, JANUARY 30, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, JANUARY 30, 2009
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
benefits based on service for educational institutions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 402.1 of the act of December 5, 1936 (2nd
Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, amended or added December 12, 1979 (P.L.503,
No.108) and July 21, 1983 (P.L.68, No.30), is amended to read:
Section 402.1. Benefits Based on Service for Educational
Institutions.--Benefits based on service for educational
institutions pursuant to Article X, XI or XII shall as
hereinafter provided be payable in the same amount, on the same
terms and subject to the same conditions as outlined in section
404(g); except that:
(1) With respect to service performed after December 31,
1977, in an instructional, research, or principal administrative
capacity for an educational institution, benefits shall not be
paid based on such services for any week of unemployment
commencing during the period between two successive academic
years, or during a similar period between two regular terms
whether or not successive or during a period of paid sabbatical
leave provided for in the individual's contract, to any
individual if such individual performs such services in the
first of such academic years or terms and if there is a contract
or a reasonable assurance that such individual will perform
services in any such capacity for any educational institution in
the second of such academic years or terms.
(2) With respect to services performed after October 31,
1983, in any other capacity for an educational institution,
except in an ancillary administrative capacity as described in
clause (3), benefits shall not be paid on the basis of such
services to any individual for any week which commences during a
period between two successive academic years or terms if such
individual performs such services in the first of such academic
years or terms and there is a reasonable assurance that such
individual will perform such services in the second of such
academic years or terms.
(3) (i) With respect to any services described in clause
(1) or (2), benefits payable on the basis of such services shall
be denied to any individual for any week which commences during
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an established and customary vacation period or holiday recess
if such individual performed such services in the period
immediately before such vacation period or holiday recess, and
there is a reasonable assurance that such individual will
perform such services in the period immediately following such
vacation period or holiday recess.
(ii) This clause shall not apply to service performed in an
ancillary administrative capacity during a period between two
successive academic years.
(iii) For purposes of clause (2) and this clause, the term
"service performed in an ancillary administrative capacity"
means service rendered by a substitute teacher who does not have
a contract with an educational institution for an academic year,
semester or specific portion thereof, and service involving
primarily, noneducational or nonprofessional, administrative
duties that are subject to supervision or control by
instructional, research or principal administrative personnel,
including, but not limited to, service as a cafeteria worker,
school bus operator, janitor or security guard.
(4) (i) With respect to weeks of unemployment beginning
after January 1, 1979, benefits shall be denied to an individual
who performed services in or near an educational institution
while in the employ of an educational service agency for any
week which commences during a period described in clauses (1),
(2) and (3) if such individual performs any services described
in clause (1) or (2) in the first of such periods, as specified
in the applicable clause, and there is a contract or a
reasonable assurance, as applicable in the appropriate clause,
that such individual will perform such services in the second of
such periods, as applicable in the appropriate clause.
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(ii) For purposes of this clause the term "educational
service agency" means a governmental agency or governmental
entity which is established and operated exclusively for the
purposes of providing such services to one or more educational
institutions. A political subdivision or an intermediate unit
may establish and operate such an educational service agency.
(iii) Nothing contained in this section shall be construed
to modify existing collective bargaining units organized under
the provisions of the act of July 23, 1970 (P.L.563, No.195),
known as the "Public Employe Relations Act," unless specifically
agreed to by both the employer and employe representatives.
(5) With respect to an individual who performs services
described in clause (2) [of this section] and who pursuant to
clause (2) or (4) [of this section] is denied benefits for the
period between academic years or terms, such individual if [he
is] not offered an opportunity to perform such service in the
second of such academic years or terms shall be paid benefits
for the period which commences with the first week [he] such
individual was denied benefits solely by the reason of clause
(2) or (4) [of this section], provided [he] such individual had
filed timely claims for benefits throughout the denial period
and was otherwise eligible for benefits.
Section 2. This act shall take effect in 60 days.
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