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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PERRY, BOYD, COX, O'NEILL, BAKER, CHRISTIANA, CREIGHTON, CUTLER, EVERETT, FLECK, GINGRICH, GROVE, HARRIS, HESS, KAUFFMAN, M. KELLER, KRIEGER, MAJOR, MOUL, OBERLANDER, PETRI, PICKETT, PYLE, RAPP, ROCK, SAYLOR, STERN, STEVENSON, SWANGER AND TURZAI, JUNE 15, 2010 |
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| REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 15, 2010 |
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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 | definitions and for establishment and maintenance of |
17 | employer's reserve accounts; providing for relief from |
18 | charges; further providing for qualifications required to |
19 | secure compensation, for ineligibility for compensation and |
20 | for rate and amount of compensation; providing for effect of |
21 | severance pay on benefits; further providing for rules of |
22 | procedure; and providing for applicability. |
23 | The General Assembly of the Commonwealth of Pennsylvania |
24 | hereby enacts as follows: |
25 | Section 1. Section 4(g.1) of the act of December 5, 1936 |
26 | (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment |
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1 | Compensation Law, added July 10, 1980 (P.L.521, No.108), is |
2 | amended to read: |
3 | Section 4. Definitions.--The following words and phrases, as |
4 | used in this act, shall have the following meanings, unless the |
5 | context clearly requires otherwise. |
6 | * * * |
7 | (g.1) "Credit week" means any calendar week in an |
8 | individual's base year with respect to which he was paid in |
9 | employment as defined in this act, remuneration of not less than |
10 | [fifty dollars ($50)] one hundred and twenty-five dollars |
11 | ($125). Only one credit week can be established with respect to |
12 | any one calendar week. |
13 | * * * |
14 | Section 2. Section 302 of the act, amended or added March |
15 | 24, 1964 (Sp.Sess., P.L.53, No.1), July 6, 1977 (P.L.41, No.22), |
16 | July 21, 1983 (P.L.68, No.30), December 19, 1996 (P.L.1476, |
17 | No.189) and December 9, 2002 (P.L.1330, No.156), is amended to |
18 | read: |
19 | Section 302. Establishment and Maintenance of Employer's |
20 | Reserve Accounts.--The department shall establish and maintain |
21 | for each employer a separate employer's reserve account in the |
22 | following manner: |
23 | (a) [(1) Such account shall be credited with all |
24 | contributions paid by such employer for periods subsequent to |
25 | June thirtieth, one thousand nine hundred forty-eight. Such |
26 | account shall be charged with an amount determined by |
27 | multiplying the wages of compensated employes of such employer |
28 | for the twelve month period ended June thirtieth, one thousand |
29 | nine hundred forty-nine, by the state experience heretofore used |
30 | in determining rates of contributions for the year one thousand |
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1 | nine hundred forty-nine. Subsequent to January 1, 1984, such] An |
2 | employer's account shall be charged with all compensation, |
3 | including dependents' allowances, paid to each individual who |
4 | received from such employer wage credits constituting the base |
5 | of such compensation, in the proportion that such wage credits |
6 | with such employer bears to the total wage credits received by |
7 | such individual from all employers[: Provided, That if the |
8 | department finds that such individual was separated from his |
9 | most recent work for such employer due to being discharged for |
10 | willful misconduct connected with such work, or due to his |
11 | leaving such work without good cause attributable to his |
12 | employment, or due to his being separated from such work under |
13 | conditions which would result in disqualification for benefits |
14 | under the provisions of section 3 or section 402(e.1), |
15 | thereafter no compensation paid to such individual with respect |
16 | to any week of unemployment occurring subsequent to such |
17 | separation, which is based upon wages paid by such employer with |
18 | respect to employment prior to such separation, shall be charged |
19 | to such employer's account under the provisions of this |
20 | subsection (a); provided, such employer has filed a notice with |
21 | the department in accordance with its rules and regulations and |
22 | within the time limits prescribed therein; and provided if the |
23 | department finds that such individual's unemployment is directly |
24 | caused by a major natural disaster declared by the President |
25 | pursuant to section 102(1) of the Disaster Relief Act of 1970 |
26 | (P.L.91-606) and such individual would have been eligible for |
27 | disaster unemployment assistance as provided in section 240 of |
28 | that act with respect to such unemployment but for the receipt |
29 | of unemployment compensation, no compensation paid to such |
30 | individual with respect to any week of unemployment occurring |
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1 | due to such natural disaster, to a maximum of the eight weeks |
2 | immediately following the President's declaration of emergency, |
3 | shall be charged to the employer's account under the provisions |
4 | of this subsection. |
5 | (2) Notwithstanding the provisions of paragraph (1) of this |
6 | subsection, if the department finds that an individual |
7 | subsequent to separation from his work is engaged in part-time |
8 | work for a base year employer, other than a base year employer |
9 | from whom he has separated, compensation paid to such individual |
10 | with respect to any week of unemployment occurring subsequent to |
11 | such separation and while such part-time work continues without |
12 | material change, shall not be charged to the account of such |
13 | part-time employer; provided, such part-time employer has filed |
14 | a notice with the department in accordance with its rules and |
15 | regulations and within the time limits prescribed therein. |
16 | (2.1) Notwithstanding the provisions of paragraph (1) of |
17 | this subsection, if the department finds that an individual was |
18 | separated from his most recent work for such employer due to a |
19 | cessation of business of eighteen months or less caused by a |
20 | disaster, compensation paid to such individual with respect to |
21 | any week of unemployment occurring subsequent to such separation |
22 | shall not be charged to the account of such employer; provided, |
23 | such employer has filed a notice with the department in |
24 | accordance with its rules and regulations and within the time |
25 | limits prescribed therein. |
26 | (3) The findings and determinations of the department under |
27 | this subsection (a) shall be subject to appeal in the manner |
28 | provided in this act for appeals from determinations of |
29 | compensation: Provided, That where the individual's eligibility |
30 | for compensation has been finally determined under the |
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1 | provisions of Article V of this act, such determination shall |
2 | not be subject to attack in proceedings under this section. |
3 | (4) The reserve account of any employer who pays |
4 | contributions under this section shall not be charged with |
5 | respect to benefits paid to any individual whose base period |
6 | wages include wages for previously uncovered services as defined |
7 | in section 401(g) to the extent that the unemployment insurance |
8 | fund is reimbursed for such benefits pursuant to section 121 of |
9 | Public Law 94-566]. |
10 | (b) Any employer, at any time, may voluntarily pay into the |
11 | Unemployment Compensation Fund an amount in excess of the |
12 | contributions required to be paid under the provisions of this |
13 | act, and such amount shall be forthwith credited to his reserve |
14 | account. His rate of contribution shall be computed or |
15 | recomputed, as the case may be, with such amount included in the |
16 | calculation. To affect such employer's rate of contribution for |
17 | any year, such amount shall be paid not later than thirty days |
18 | following the mailing of notice of his rate of contribution for |
19 | such year: Provided, That for good cause, such time may be |
20 | extended by the department: And provided further, That such |
21 | amount, when paid as aforesaid, shall not be refunded or used as |
22 | a credit in the payment of contributions in whole or in part. |
23 | In no event shall any such amount be included in the computation |
24 | or recomputation for any year unless it is paid within one |
25 | hundred twenty days after the beginning of such year. |
26 | (c) (1) For the purpose of determining any employer's rate |
27 | of contribution for any year, the phrase "balance in an |
28 | employer's reserve account" as used in sections 301, 301.1 and |
29 | 301.2 of this act shall mean the amount ascertained as of the |
30 | computation date by subtracting the amounts charged to his |
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1 | reserve account from the amounts credited thereto including |
2 | voluntary contributions. If, as of the computation date, the |
3 | amounts charged to his reserve account exceed the amounts |
4 | credited by an amount equivalent to more than twenty per centum |
5 | (20%) of his average annual payroll, the employer may elect, |
6 | subject to the provisions of section 301.1(f) of this act to |
7 | have his reserve account balance adjusted to a negative balance |
8 | equal to twenty per centum (20%) of his average annual payroll. |
9 | This subsection as amended shall apply to elections made after |
10 | December 31, 1986. |
11 | (2) Notwithstanding the provisions of section 301.1(f) and |
12 | paragraph (1) of this subsection, for elections made on or after |
13 | January 1, 1984 and before May 1, 1986, if the amounts charged |
14 | to the employer's reserve account exceed the amounts credited by |
15 | an amount equivalent to more than ten per centum (10%) of his |
16 | average annual payroll, the department, after determining his |
17 | Reserve Ratio Factor shall, upon the election of the employer, |
18 | adjust his reserve account balance to a negative balance equal |
19 | to ten per centum (10%) of his average annual payroll. With |
20 | respect to future adjustments of negative balance accounts, the |
21 | secretary shall, upon the election of the employer, make |
22 | adjustments as follows: |
23 | (i) In relation to adjustments made for the second time |
24 | after January 1, 1984 and before May 1, 1986, if the amounts |
25 | charged to his reserve account exceed the amounts credited by an |
26 | amount equivalent to more than fifteen per centum (15%) of his |
27 | average annual payroll, the department shall, upon the election |
28 | of the employer, adjust the reserve account balance to a |
29 | negative balance equal to fifteen per centum (15%) of his |
30 | average annual payroll. |
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1 | (ii) In relation to adjustments made for the third time |
2 | after January 1, 1984 and before May 1, 1986, if the amounts |
3 | charged to his reserve account exceed the amounts credited by an |
4 | amount equivalent to more than twenty per centum (20%) of his |
5 | average annual payroll, the department shall, upon the election |
6 | of the employer, adjust his reserve account balance to a |
7 | negative balance equal to twenty per centum (20%) of his average |
8 | annual payroll. |
9 | (d) The department shall terminate the reserve account of |
10 | any employer who has not paid contributions for a period of four |
11 | consecutive twelve month periods, ending June thirtieth in any |
12 | year. |
13 | (e) Nothing contained in this act shall be construed to |
14 | grant to any employer any claim or right of withdrawal with |
15 | respect to any amount allocated to him from, or paid by him |
16 | into, the Unemployment Compensation Fund, except as provided in |
17 | section three hundred eleven hereof. |
18 | Section 3. The act is amended by adding a section to read: |
19 | Section 302.1. Relief from Charges.--Notwithstanding any |
20 | other provisions of this act assigning charges for compensation |
21 | paid to employes, the department will relieve an employer of |
22 | charges for compensation in accordance with this section and |
23 | section 213 of this act. |
24 | (a) Circumstances allowing relief: |
25 | (1) If an individual was separated from his most recent work |
26 | for an employer due to being discharged for willful misconduct |
27 | connected with that work, or due to his leaving that work |
28 | without good cause attributable to his employment, or due to his |
29 | being separated from such work under conditions which would |
30 | result in disqualification for benefits under the provisions of |
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1 | section 3 or section 402(e.1), the employer may be relieved of |
2 | charges for compensation paid to the individual with respect to |
3 | any week of unemployment occurring subsequent to such |
4 | separation. Relief from charges under this paragraph terminates |
5 | if the employe returns to work for the employer. |
6 | (2) If an individual's unemployment is directly caused by a |
7 | major natural disaster declared by the President of the United |
8 | States pursuant to section 102(1) of the Disaster Relief Act of |
9 | 1970 (P.L.91-606) and the individual would have been eligible |
10 | for disaster unemployment assistance as provided in section 240 |
11 | of the Disaster Relief Act of 1970 with respect to that |
12 | unemployment but for the receipt of unemployment compensation, |
13 | an employer may be relieved of charges for compensation paid to |
14 | such individual with respect to any week of unemployment |
15 | occurring due to the natural disaster, to a maximum of the eight |
16 | weeks immediately following the declaration of emergency by the |
17 | President of the United States. |
18 | (3) If an individual subsequent to separation from his work |
19 | is engaged in part-time work for a base year employer, other |
20 | than a base year employer from whom he has separated, the part- |
21 | time employer may be relieved of charges for compensation paid |
22 | to the individual with respect to any week of unemployment |
23 | occurring subsequent to the separation and while such part-time |
24 | work continues without material change. |
25 | (4) If the department finds that an individual was separated |
26 | from his most recent work for an employer due to a cessation of |
27 | business of eighteen months or less caused by a disaster, the |
28 | employer may be relieved of charges for compensation paid to |
29 | such individual with respect to any week of unemployment |
30 | occurring subsequent to that separation. Relief from charges |
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1 | under this paragraph terminates if the employe returns to work |
2 | for the employer. |
3 | (b) Requests for relief from charges: |
4 | (1) Except as provided in subsection (c), in order to be |
5 | granted relief from charges for compensation an employer must |
6 | file a request with the department in the manner provided, and |
7 | containing all information required, by the department's |
8 | regulations. |
9 | (2) If an employer is requesting relief from charges on the |
10 | basis of a separation that occurs on or before the date the |
11 | claimant files an application for benefits or on the basis of |
12 | continuing part-time work, the following shall apply: |
13 | (i) If the request is filed within fifteen (15) days after |
14 | the date of the earliest notice issued by the department under |
15 | section 501(a) indicating that the claimant is eligible under |
16 | section 401(a) and relief is granted, relief will begin with the |
17 | earliest week for which the claimant is eligible for benefits |
18 | pursuant to the claimant's application for benefits. |
19 | (ii) If the request is not filed within the time period |
20 | provided in subparagraph (i), relief, if granted by the |
21 | department, will begin with the earliest week ending fifteen |
22 | (15) or more days subsequent to the date the request is filed. |
23 | (3) If an employer is requesting relief from charges on the |
24 | basis of a separation that occurs after the claimant files an |
25 | application for benefits, the following shall apply: |
26 | (i) If the request is filed within fifteen (15) days after |
27 | the date of the earliest notice issued by the department |
28 | indicating that the claimant is claiming benefits subsequent to |
29 | the separation and relief is granted, relief will begin with the |
30 | earliest week for which the claimant is eligible for benefits |
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1 | following the last day worked. |
2 | (ii) If the request is not filed within the time period |
3 | provided in subparagraph (i), relief, if granted by the |
4 | department, will begin with the earliest week ending fifteen |
5 | (15) or more days subsequent to the date the request is filed. |
6 | (c) Relief from charges without a request: |
7 | (1) If a claimant is determined ineligible for benefits |
8 | under section 3 or section 402(b), (e) or (e.1) pursuant to a |
9 | notice of determination that has become final, the department |
10 | will grant relief from charges in accordance with subsection (a) |
11 | (1) to the employer from whom the claimant was separated, |
12 | beginning with the earliest week for which the claimant is |
13 | eligible for benefits following the week or weeks governed by |
14 | the notice of determination. |
15 | (2) If a claimant is determined eligible for benefits under |
16 | section 402(b) pursuant to a notice of determination that has |
17 | become final, the department will grant or deny relief from |
18 | charges in accordance with subsection (a)(1) to the employer |
19 | from whom the claimant was separated, beginning with the |
20 | earliest week governed by the notice of determination, in |
21 | accordance with the following: |
22 | (i) The department will grant relief from charges if the |
23 | claimant left work for the employer without good cause |
24 | attributable to the claimant's employment. |
25 | (ii) The department will deny relief from charges if the |
26 | claimant left work for the employer with good cause attributable |
27 | to the claimant's employment. |
28 | (3) Relief from charges granted to an employer remains in |
29 | effect for the purpose of benefits paid to the claimant pursuant |
30 | to a subsequent application for benefits if the relief has not |
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1 | terminated in accordance with the provisions of this section. |
2 | (d) Employer information: |
3 | (1) An employer that is granted relief from charges on the |
4 | basis of a claimant's separation from employment shall notify |
5 | the department within fifteen (15) days if the claimant returns |
6 | to work for the employer. The employer shall include with the |
7 | notification the claimant's name and Social Security number, the |
8 | employer's name and account number and the date when |
9 | reemployment commenced. |
10 | (2) An employer that is granted relief from charges on the |
11 | basis of continuing part-time work shall notify the department |
12 | within fifteen (15) days if the employment situation of the |
13 | claimant changes. The employer shall include with the |
14 | notification the claimant's name and Social Security number and |
15 | the employer's name and account number. |
16 | (e) General provisions: |
17 | (1) Where the individual's eligibility for compensation has |
18 | been finally determined under the provisions of Article V, such |
19 | determination shall not be subject to attack in proceedings |
20 | under this section. |
21 | (2) The findings and determinations of the department under |
22 | this section shall be subject to appeal in the manner provided |
23 | in this act for appeals from determinations of compensation. |
24 | Section 4. Section 401(b) and (f) of the act, amended July |
25 | 9, 1976 (P.L.842, No.147) and December 9, 2002 (P.L.1330, |
26 | No.156), are amended to read: |
27 | Section 401. Qualifications Required to Secure |
28 | Compensation.--Compensation shall be payable to any employe who |
29 | is or becomes unemployed, and who-- |
30 | * * * |
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1 | (b) [Has registered for work at, and thereafter continued to |
2 | report to an employment office in accordance with such |
3 | regulations as the secretary may prescribe, except that the |
4 | secretary may by regulation waive or alter either or both of the |
5 | requirements of this clause as to individuals attached to |
6 | regular jobs and as to such other types of cases or situations |
7 | with respect to which he finds that compliance with such |
8 | requirements would be oppressive or would be inconsistent with |
9 | the purposes of the act: Provided, however, That no such |
10 | regulation shall conflict with section four hundred and one (c) |
11 | of this act;] Is making an active search for suitable |
12 | employment. For the term "active search" the department shall |
13 | require, at minimum, registration for employment search services |
14 | offered by Pennsylvania CareerLink system within thirty (30) |
15 | days of the initial application for benefits, posting a resume |
16 | on the system's database and applying for positions listed on |
17 | the system's database which offer employment and wages similar |
18 | to those the claimant had prior to his unemployment and which |
19 | are with a forty-five (45) minute commuting distance. The |
20 | secretary may establish additional criteria to define the term |
21 | "active search" through regulation. The Pennsylvania CareerLink |
22 | system will provide documentation, as the secretary deems |
23 | appropriate, to the Pennsylvania Unemployment Compensation |
24 | Service Center system so they can conduct the necessary cross |
25 | reference checks; |
26 | * * * |
27 | (f) Has earned, subsequent to his separation from work under |
28 | circumstances which are disqualifying under the provisions of |
29 | subsections 402(b), 402(e), 402(e.1) and 402(h) of this act, |
30 | remuneration for services in an amount equal to or in excess of |
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1 | [six (6)] ten (10) times his weekly benefit rate [irrespective |
2 | of whether or not such services were] in "employment" as defined |
3 | in this act[.] and earned wages for "employment" as defined in |
4 | this act, in ten (10) separate "weeks." The provisions of this |
5 | subsection shall not apply to a suspension of work by an |
6 | individual pursuant to a leave of absence granted by his last |
7 | employer, provided such individual has made a reasonable effort |
8 | to return to work with such employer upon the expiration of his |
9 | leave of absence. |
10 | * * * |
11 | Section 5. Section 402(b) and (e) of the act, amended August |
12 | 24, 1953 (P.L.1397, No.396) and October 22, 1981 (P.L.301, |
13 | No.106), are amended to read: |
14 | Section 402. Ineligibility for Compensation.--An employe |
15 | shall be ineligible for compensation for any week-- |
16 | * * * |
17 | (b) In which his unemployment is due to voluntarily leaving |
18 | work without cause of a necessitous and compelling nature |
19 | attributable to his employment, irrespective of whether or not |
20 | such work is in "employment" as defined in this act: Provided, |
21 | That a voluntary leaving work because of a work-related |
22 | disability if the employer is able to provide other suitable |
23 | work, shall be deemed not a cause of a necessitous and |
24 | compelling nature attributable to his employment: And provided |
25 | further, That no employe shall be deemed to be ineligible under |
26 | this subsection where as a condition of continuing in employment |
27 | such employe would be required to join or remain a member of a |
28 | company union or to resign from or refrain from joining any bona |
29 | fide labor organization, or to accept wages, hours or conditions |
30 | of employment not desired by a majority of the employes in the |
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1 | establishment or the occupation, or would be denied the right of |
2 | collective bargaining under generally prevailing conditions, and |
3 | that in determining whether or not an employe has left his work |
4 | voluntarily without cause of a necessitous and compelling nature |
5 | attributable to his employment, the department shall give |
6 | consideration to the same factors, insofar as they are |
7 | applicable, provided, with respect to the determination of |
8 | suitable work under section four (t): And provided further, That |
9 | the provisions of this subsection shall not apply in the event |
10 | of a stoppage of work which exists because of a labor dispute |
11 | within the meaning of subsection (d). Provided further, That no |
12 | otherwise eligible claimant shall be denied benefits for any |
13 | week in which his unemployment is due to exercising the option |
14 | of accepting a layoff, from an available position pursuant to a |
15 | labor-management contract agreement, or pursuant to an |
16 | established employer plan, program or policy: Provided further, |
17 | That a claimant shall not be disqualified for voluntarily |
18 | leaving work, which is not suitable employment to enter training |
19 | approved under section 236(a)(1) of the Trade Act of 1974. For |
20 | purposes of this subsection the term "suitable employment" means |
21 | with respect to a claimant, work of a substantially equal or |
22 | higher skill level than the claimant's past "adversely affected |
23 | employment" (as defined in section 247 of the Trade Act of |
24 | 1974), and wages for such work at not less than eighty per |
25 | centum of the worker's "average weekly wage" (as defined in |
26 | section 247 of the Trade Act of 1974). |
27 | * * * |
28 | (e) In which his unemployment is due to his discharge or |
29 | temporary suspension from work for willful misconduct connected |
30 | with his work, irrespective of whether or not such work is |
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1 | "employment" as defined in this act[; and]. For purposes of this |
2 | subsection, the term "willful misconduct" shall include the |
3 | violation of any reasonable workplace rule or work-related |
4 | government regulation or law of which the employe was aware; |
5 | failure to maintain a valid license or certificate that has been |
6 | issued by a Federal or Commonwealth agency or political |
7 | subdivision and which is a requirement of employment; the |
8 | deliberate damage to property of the employer or another employe |
9 | or the theft of an employer's or another employe's property; |
10 | reporting to work in possession of or under the influence of |
11 | drugs or alcohol; threatening a coworker or supervisor with |
12 | physical harm or threatening to harm the interests of the |
13 | employer; disregard of supervisor's reasonable directives or |
14 | orders and acts of negligence or an act of negligence which |
15 | indicates substantial disregard for employer's interests. |
16 | * * * |
17 | Section 6. Section 404 introductory paragraph, (a), (c) and |
18 | (e)(2), amended or added March 24, 1964 (Sp.Sess., P.L.53, |
19 | No.1), January 17, 1968 (P.L.21, No.6), July 10, 1980 (P.L.521, |
20 | No.108), July 21, 1983 (P.L.68, No.30), October 19, 1988 |
21 | (P.L.818, No.109), are amended to read: |
22 | Section 404. Rate and Amount of Compensation.--Compensation |
23 | shall be paid to each eligible employe in accordance with the |
24 | following provisions of this section except that compensation |
25 | payable with respect to weeks ending in benefit years which |
26 | begin prior to the first day of January [1989] 2012 shall be |
27 | paid on the basis of the provisions of this section in effect at |
28 | the beginning of such benefit years. |
29 | (a) (1) The employe's weekly benefit rate shall be computed |
30 | as (1) the amount appearing in Part B of the Table Specified for |
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1 | the Determination of Rate and Amount of Benefits on the line on |
2 | which in Part A there appears the average of the two quarters |
3 | during his base year period in which he earned his "highest |
4 | quarterly wage," or (2) fifty per centum (50%) of his full-time |
5 | weekly wage, whichever is greater, provided the employe's base |
6 | year wages are sufficient to qualify for the minimum weekly |
7 | benefit rate of seventy dollars ($70). If the employe's weekly |
8 | benefit rate is not a multiple of one dollar ($1), it shall be |
9 | rounded to the next lower multiple of one dollar ($1). |
10 | (2) If the base year wages of an employe whose weekly |
11 | benefit rate has been determined under clause (2) of paragraph |
12 | (1) of this subsection are insufficient to qualify him under |
13 | subsection (c) of this section, his weekly benefit rate shall be |
14 | redetermined under clause (1) of paragraph (1) of this |
15 | subsection. |
16 | (3) If the base year wages of an employe whose weekly |
17 | benefit rate has been determined under clause (1) of paragraph |
18 | (1) of this subsection, or redetermined under paragraph (2) of |
19 | this subsection, as the case may be, are insufficient to qualify |
20 | him under subsection (c) of this section but are sufficient to |
21 | qualify him for any one of the next three lower weekly benefit |
22 | rates, his weekly benefit rate shall be redetermined at the |
23 | highest of such next lower rates. |
24 | * * * |
25 | (c) [Any] The total amount of benefits to which an otherwise |
26 | eligible employe who has base year wages in an amount equal to, |
27 | or in excess, of the amount of qualifying wages appearing in |
28 | Part C of the Table Specified for the Determination of Rate and |
29 | Amount of Benefits on the line on which in Part B there appears |
30 | his weekly benefit rate, as determined under subsection (a) of |
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1 | this section, shall be entitled during his benefit year to the |
2 | amount appearing in Part D on said line multiplied by the number |
3 | of qualifying credit weeks during his base year, up to a maximum |
4 | of twenty-six (26): Provided he had eighteen (18) or more |
5 | "credit weeks" during his base year [or Part E provided he had |
6 | sixteen (16) or seventeen (17) "credit weeks" during his base |
7 | year]. Notwithstanding any other provision of this act, any |
8 | employe with less than [sixteen (16)] eighteen (18) "credit |
9 | weeks" during the employe's base year shall be ineligible to |
10 | receive any amount of compensation. |
11 | * * * |
12 | (e) * * * |
13 | (2) (i) The Table Specified for the Determination of Rate |
14 | and Amount of Benefits shall be extended or contracted annually, |
15 | automatically by regulations promulgated by the secretary in |
16 | accordance with the following procedure: for calendar year one |
17 | thousand nine hundred seventy-two and for all subsequent |
18 | calendar years, to a point where the maximum weekly benefit rate |
19 | [equals] shall equal sixty-six and two-thirds per centum of the |
20 | average weekly wage for the [twelve-month] thirty-six-month |
21 | period ending June 30 preceding each calendar year. If the |
22 | maximum weekly benefit rate is not a multiple of one dollar |
23 | ($1), it shall be [increased by one dollar ($1) and then] |
24 | rounded to the next lower multiple of one dollar ($1): Provided, |
25 | however, That effective with benefit years beginning the first |
26 | Sunday at least thirty days after the effective date of this |
27 | amendatory act, the per centum stated in this paragraph for |
28 | establishing the maximum weekly benefit rate shall be sixty-two |
29 | and two-thirds per centum for the remainder of calendar year one |
30 | thousand nine hundred seventy-four, sixty-four and two-thirds |
|
1 | per centum for the calendar year one thousand nine hundred |
2 | seventy-five, and sixty-six and two-thirds per centum for the |
3 | calendar year one thousand nine hundred seventy-six and for all |
4 | subsequent calendar years. |
5 | The Table Specified for the Determination of Rate and Amount |
6 | of Benefits as so extended or contracted shall be effective only |
7 | for those claimants whose benefit years begin on or after the |
8 | first day of January of such calendar year. |
9 | (ii) For the purpose of determining the maximum weekly |
10 | benefit rate, the Pennsylvania average weekly wage in covered |
11 | employment shall be computed on the basis of the total wages |
12 | reported (irrespective of the limit on the amount of wages |
13 | subject to contributions) for the [twelve-month] thirty-six- |
14 | month period ending June 30 and this amount shall be divided by |
15 | the average monthly number of covered workers (determined by |
16 | dividing the total covered employment reported for the same |
17 | [fiscal year by twelve] thirty-six-month period by thirty-six) |
18 | to determine the average annual wage. The average annual wage |
19 | thus obtained shall be divided by fifty-two and the average |
20 | weekly wage thus determined rounded to the nearest cent. If the |
21 | maximum weekly benefit rate as determined under subparagraph (i) |
22 | is less than the maximum weekly benefit rate established for |
23 | calendar year 2010, the maximum weekly benefit rate will be |
24 | frozen until the calendar year in which the new maximum weekly |
25 | benefit rate as determined under subparagraph (i) exceeds the |
26 | maximum weekly benefit rate for calendar year 2010. |
27 | * * * |
28 | Section 7. The act is amended by adding a section to read: |
29 | Section 404.2. Effect of Severance Pay on Benefits.--(a) An |
30 | employe who has been determined to be eligible for benefits and |
|
1 | who receives severance pay upon termination from his employer |
2 | shall have the benefit year adjusted to start of the date of |
3 | expiration of the period when fifty per centum (50%) of |
4 | severance pay ends. Severance pay shall be attributed to the |
5 | day, days, week or weeks immediately following the employe's |
6 | termination. |
7 | (b) The number of days or weeks to which severance pay is |
8 | attributed is determined by dividing the total amount of |
9 | severance pay by the regular full-time daily or weekly wage of |
10 | the claimant. |
11 | (c) The amount of severance pay attributed to each day or |
12 | week equals the regular full-time daily or weekly wage of the |
13 | claimant. |
14 | (d) When the attribution of severance pay is made on the |
15 | basis of the number of days, the pay shall be attributed to the |
16 | customary working days in the calendar week. |
17 | (e) An employe shall not be subject to the requirements of |
18 | section 401(b) and (d)(1) during the period the benefit year |
19 | starts. |
20 | (f) For the purposes of this section, the term "severance |
21 | pay" shall mean one or more payments made by an employer to an |
22 | employe on account of separation from the service of the |
23 | employer, regardless of whether the employer is legally bound by |
24 | contract, statute or otherwise to make such payments. The term |
25 | does not include payments for pension, retirement or accrued |
26 | leave or payments of supplemental unemployment benefits. |
27 | Section 8. Section 505 of the act, amended April 23, 1942 |
28 | (Sp. Sess., P.L.60, No.23), is amended to read: |
29 | Section 505. Rules of Procedure.--The manner in which |
30 | appeals shall be taken, the reports thereon required from the |
|
1 | department, the claimant and employers, and the conduct of |
2 | hearings and appeals, shall be in accordance with rules of |
3 | procedure prescribed by the board whether or not such rules |
4 | conform to common law or statutory rules of evidence and other |
5 | technical rules of procedure. Rules established by the board |
6 | shall permit either party to a hearing to testify via telephone, |
7 | without regard to distance of hearing location from either |
8 | party. |
9 | When the same or substantially similar evidence is relevant |
10 | and material to the matter in issue in applications and claims |
11 | filed by more than one individual or in multiple applications |
12 | and claims filed by a single individual the same time and place |
13 | for considering each such application and claim may be fixed, |
14 | hearings thereon jointly conducted, a single record of the |
15 | proceedings made and evidence introduced with respect to any |
16 | application or claim considered as introduced with respect to |
17 | all of such applications or claims: Provided, That in the |
18 | judgment of the board or referee having jurisdiction of the |
19 | proceeding such consideration will not be prejudicial to any |
20 | party. |
21 | Section 9. This act shall apply as follows: |
22 | (1) The amendment of sections 4(g.1) and 401(f) and (c) |
23 | shall apply to initial claims filed on or after January 1, |
24 | 2012. |
25 | (2) The amendment of sections 302, 401(b) and 402(b) and |
26 | (e) are applicable to initial claims filed on or after July |
27 | 1, 2011. |
28 | (3) The addition of section 302.1 shall apply to initial |
29 | claims filed on or after July 1, 2011. |
30 | (4) The addition of section 404.2 shall apply to claims |
|
1 | filed on or after January 1, 2012. |
2 | Section 10. This act shall take effect as follows: |
3 | (1) This section shall take effect immediately. |
4 | (2) The amendment of section 404 introductory paragraph |
5 | and (a)(1) shall take effect January 1, 2012. |
6 | (3) The remainder of this act shall take effect in 60 |
7 | days. |
|