Unemployment compensation law




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Compiler's Note:  Section 13(7) of Act 5 of 2005, which added section 315, provided that subsection (a)(2) and (3) shall apply to transfers occurring prior to, on or after July 1, 2005.

  Section 13(8) of Act 5 of 2005 provided that subsection (a)(4) shall apply to calendar quarters beginning on or after July 1, 2005.

 

ARTICLE IV



COMPENSATION

 

Section 401.  Qualifications Required to Secure Compensation.--Compensation shall be payable to any employe who is or becomes unemployed, and who--



(a)  Satisfies both of the following requirements:

(1)  Has, within his base year, been paid wages for employment as required by section 404(c) of this act.

(2)  Except as provided in section 404(a)(3), not less than forty-nine and one-half per centum (49.5%) 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.

((a) amended June 12, 2012, P.L.577, No.60)

(b)  (1)  Is making an active search for suitable employment. The requirements for "active search" shall be established by the department and shall include, at a minimum, all of the following:

(i)  Registration by a claimant for employment search services offered by the Pennsylvania CareerLink system or its successor agency within thirty (30) days after initial application for benefits.

(ii)  Posting a resume on the system's database, unless the claimant is seeking work in an employment sector in which resumes are not commonly used.

(iii)  Applying for positions that offer employment and wages similar to those the claimant had prior to his unemployment and which are within a forty-five (45) minute commuting distance.

(2)  The Pennsylvania CareerLink system or its successor agency shall provide documentation, on a quarterly basis or more frequently, as the secretary deems appropriate, to the Pennsylvania Unemployment Compensation Service Center system so the system can conduct the necessary cross reference checks.

(3)  For the purposes of paragraph (1), the department may determine that a claimant has made an active search for suitable work if the claimant's efforts include actions comparable to those traditional actions in their trade or occupation by which jobs have been found by others in the community and labor market in which the claimant is seeking employment.

(4)  The requirements of this subsection do not apply to any week in which the claimant is in training approved under section 236(a)(1) of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C. § 2101 et seq.) or any week in which the claimant is required to participate in reemployment services under section 402(j) of this act.

(5)  The requirements of this subsection shall not apply to a claimant who is laid off for lack of work and advised by the employer of the date on which the claimant will return to work.

(6)  The department may waive or alter the requirements of this subsection in cases or situations with respect to which the secretary finds that compliance with such requirements would be oppressive or which would be inconsistent with the purposes of this act.

((b) amended June 17, 2011, P.L.16, No.6)

(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; ((c) amended Sept. 29, 1951, P.L.1580, No.408)

(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 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.

((d) amended July 10, 1980, P.L.521, No.108)

(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).

((e) amended July 21, 1983, P.L.68, No.30)

(f)  Has earned, subsequent to his separation from work under circumstances which are disqualifying under the provisions of subsections 402(b), 402(e), 402(e.1), 402(h) and 402(k) of this act, remuneration for services in an amount equal to or in excess of six (6) times his weekly benefit rate 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. ((f) amended Oct. 23, 2013, P.L.637, No.75)

(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.

((g) added July 6, 1977, P.L.41, No.22)

 

Compiler's Note: Section 6(3) of Act 75 of 2013, which amended subsec. (f) and added subsec. (k), provided that the amendment of subsec. (f) and the addition of subsec. (k) shall apply to benefit years beginning on or after the effective date of section 6.

Compiler's Note: Section 18(6.1) of Act 60 of 2012, which amended subsecs. (a) and (f), provided that the amendment  of subsec. (f) shall apply to separations that occur on or after the effective date of subsec. (f).

Section 18(7)(ii), provided that subsec. (a) shall apply to benefit years which begin after December 31, 2012.



Compiler's Note: Section 9(3) of Act 6 of 2011, which amended subsec. (b), provided that the amendment shall apply to benefit years that begin on or after January 1, 2012.

Section 402.  Ineligibility for Compensation.--An employe shall be ineligible for compensation for any week--

(a)  In which his unemployment is due to failure, without good cause, either to apply for suitable work at such time and in such manner as the department may prescribe, or to accept suitable work when offered to him by the employment office or by any employer, irrespective of whether or not such work is in "employment" as defined in this act: Provided, That such employer notifies the employment office of such offer within seven (7) days after the making thereof; however this subsection shall not cause a disqualification of a waiting week or benefits under the following circumstances: when work is offered by his employer and he is not required to accept the offer pursuant to the terms of the labor-management contract or agreement, or pursuant to an established employer plan, program or policy: Provided further, That a claimant shall not be disqualified for refusing suitable work when he is in training approved under section 236(a)(1) of the Trade Act of 1974. ((a) amended Oct. 22, 1981, P.L.301, No.106)

(a.1)  In which his unemployment is due to failure to accept an offer of suitable full-time work in order to pursue seasonal or part-time employment. ((a.1) added July 10, 1980, P.L.521, No.108)

(b)  In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature, irrespective of whether or not such work is in "employment" as defined in this act: Provided, That a voluntary leaving work because of a disability if the employer is able to provide other suitable work, shall be deemed not a cause of a necessitous and compelling nature: And provided further, That no employe shall be deemed to be ineligible under this subsection where as a condition of continuing in employment such employe would be required to join or remain a member of a company union or to resign from or refrain from joining any bona fide labor organization, or to accept wages, hours or conditions of employment not desired by a majority of the employes in the establishment or the occupation, or would be denied the right of collective bargaining under generally prevailing conditions, and that in determining whether or not an employe has left his work voluntarily without cause of a necessitous and compelling nature, the department shall give consideration to the same factors, insofar as they are applicable, provided, with respect to the determination of suitable work under section four (t): And provided further, That the provisions of this subsection shall not apply in the event of a stoppage of work which exists because of a labor dispute within the meaning of subsection (d). Provided further, That 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 agreement, or pursuant to an established employer plan, program or policy: Provided further, That a claimant shall not be disqualified for voluntarily leaving work, which is not suitable employment to enter training approved under section 236(a)(1) of the Trade Act of 1974. For purposes of this subsection the term "suitable employment" means with respect to a claimant, work of a substantially equal or higher skill level than the claimant's past "adversely affected employment" (as defined in section 247 of the Trade Act of 1974), and wages for such work at not less than eighty per centum of the worker's "average weekly wage" (as defined in section 247 of the Trade Act of 1974). ((b) amended Oct. 22, 1981, P.L.301, No.106)

(c)  With respect to which or a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of any other state or of the United States: Provided, That if the appropriate agency of such other state or of the United States finally determines that he is not entitled to such unemployment benefits, the disqualification shall not apply.

(d)  In which his unemployment is due to a stoppage of work, which exists because of a labor dispute (other than a lock-out) at the factory, establishment or other premises at which he is or was last employed: Provided, That this subsection shall not apply if it is shown that (1) he is not participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (2) he is not a member of an organization which is participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (3) he does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in, or directly interested in, the dispute.

(e)  In which his unemployment is due to his discharge or temporary suspension from work for willful misconduct connected with his work, irrespective of whether or not such work is "employment" as defined in this act; and ((e) amended Aug. 24, 1953, P.L.1397, No.396)

(e.1)  In which his unemployment is due to discharge or temporary suspension from work due to failure to submit and/or pass a drug test conducted pursuant to an employer's established substance abuse policy, provided that the drug test is not requested or implemented in violation of the law or of a collective bargaining agreement. ((e.1) added Dec. 9, 2002, P.L.1330, No.156)

(f)  ((f) repealed Dec. 5, 1974, P.L.769, No.261)

(g)  Any part of which is included in the one-year period immediately following the date on which he is finally convicted of the illegal receipt of benefits under this act in any penal proceedings instituted against him under the provisions of this act or any other statute of the Commonwealth.

(h)  In which he is engaged in self-employment: Provided, however, That an employe who is able and available for full-time work shall be deemed not engaged in self-employment by reason of continued participation without substantial change during a period of unemployment in any activity including farming operations undertaken while customarily employed by an employer in full-time work whether or not such work is in "employment" as defined in this act and continued subsequent to separation from such work when such activity is not engaged in as a primary source of livelihood. Net earnings received by the employe with respect to such activity shall be deemed remuneration paid or payable with respect to such period as shall be determined by rules and regulations of the department. ((h) added Dec. 17, 1959, P.L.1893, No.693)

(i)  ((i) repealed July 21, 1983, P.L.68, No.30)

(j)  In which the employe fails to participate in reemployment services, such as job search assistance services, if it has been determined that the employe is likely to exhaust regular benefits and to need reemployment service pursuant to a profiling system established by the department, unless the department determines that (1) the employe has completed such services or (2) there is justifiable cause for the employe's failure to participate in such services. ((j) added Nov. 17, 1995, P.L.615, No.64)

(k)  In which the employe's unemployment is due to a separation from work initiated by the employe or the employer in order to preserve the employe's existing entitlement to a pension, including a governmental or other pension, retirement or retired pay, annuity or any other similar periodic payments. ((k) added Oct. 23, 2013, P.L.637, No.75)

(402 amended May 23, 1949, P.L.1738, No.530)

 

Compiler's Note:  See section 6 Act 106 of 1981 in the appendix to this act for special provisions relating to applicability.

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, 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. ((2) amended July 21, 1983, P.L.68, No.30)

(3)  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 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.

(4)  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. 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. 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 was denied benefits solely by the reason of clause (2) or (4) of this section, provided he had filed timely claims for benefits throughout the denial period and was otherwise eligible for benefits. ((5) added July 21, 1983, P.L.68, No.30)

(402.1 amended Dec. 12, 1979, P.L.503, No.108)

Section 402.2.  Benefits Based on Service by Professional Athletes.--Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons or similar periods if such individual performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such service in the latter of such seasons or similar periods.

(402.2 added July 6, 1977, P.L.41, No.22)

Section 402.3.  Eligibility of Aliens.--(a)  Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who has been lawfully admitted for permanent residence or otherwise is permanently residing in the United States under color of law (including an alien who is lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the Immigration and Nationality Act: "Provided, That any modification to the provisions of section 3304(a)(14) of the Federal Unemployment Tax Act as provided by Public Law 94-566 which specify other conditions or other effective date than stated herein for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under State law as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, shall be deemed applicable under the provisions of this section."

(b)  Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

(c)  In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status be made to except upon a preponderance of the evidence.

(402.3 added July 6, 1977, P.L.41, No.22)

Section 402.4.  Eligibility of Officers of a Corporation Deemed to be Self-Employed Persons.--(a)  Notwithstanding any other provision of this act, an officer of a corporation deemed to be a self-employed person because he exercised a substantial degree of control over the corporation and who becomes unemployed due to the fact that the corporation enters into involuntary bankruptcy proceedings under the provisions of Chapter 7, Title 11 of the United States Code shall be entitled to receive unemployment compensation under this act: Provided, That the wages paid to the officer of a corporation deemed to be a self-employed person were mandatorily subject to this act.

(b)  Unemployment compensation shall be paid to an officer of a corporation deemed to be a self-employed person, who is eligible under the provisions of this section, in the same manner and to the same extent as unemployment compensation paid to any other eligible claimant under the provisions of this act.

(402.4 added July 21, 1983, P.L.68, No.30)

Section 402.5.  Eligibility of Seasonal Workers in fruit and vegetable food processing.--(a)  Notwithstanding any other provision of this act with respect to service performed in a "seasonal operation" or "seasonal industry," as defined in this section, benefits shall not be paid to a seasonal worker, based on such services, for any week of unemployment occurring outside of the normal seasonal period of operation, provided there is a contract or reasonable assurance that such seasonal worker will perform services in that seasonal industry in his next normal seasonal period. However, if, upon presenting himself for work in his next normal seasonal period, the individual is not offered an opportunity to perform such services, his claims for unemployment compensation shall be accepted retroactively to the time the individual's benefits (based on seasonal and non-seasonal wages) would have commenced but for this subsection.

(b)  Upon written application filed with the department by an employer engaged in a "seasonal industry," as defined in this section, the secretary shall determine, and may thereafter redetermine, in accordance with the rules and regulations of the department, the normal seasonal period during which workers are ordinarily employed for the purpose of carrying on seasonal operations in the seasonal industry in which such employer is engaged. An application for such determination shall be made on forms prescribed by the department. Such application must be made at least twenty (20) days prior to the estimated beginning date of the normal seasonal period for which the determination is requested. Simultaneously with the filing of the application, the employer shall conspicuously display on the employer's premises, in a sufficient number of places, a copy of the application.

(c)  An employer determined, in accordance with the provisions of this section, to be a "seasonal operation" or "seasonal industry," as defined in this section, shall be required to conspicuously display notices of the seasonal determination on its premises in a sufficient number of places as will fairly advise its employes of the estimated beginning and estimated ending dates of its normal seasonal period. Such notices shall be provided by the department.

(d)  Any successor of a seasonal employer shall be deemed to be a seasonal industry or a seasonal operation unless such successor shall, within one hundred twenty (120) days after the acquisition, request cancellation of such determination.

(e)  Any determination issued under the provisions of this section shall be subject to review in the same manner and to the same extent as all other determinations issued under this act.

(f)  Benefits payable to any otherwise eligible individual who is determined to be a seasonal worker, as defined in paragraph (5) of subsection (h) of this section, shall be calculated in accordance with the provisions of this section for any benefit year which is established on or after the beginning date of a determination of a seasonal industry or a seasonal operation by which such individual was employed during the base year applicable to such benefit year, as if such determination had been effective in such base period.

(g)  In no case shall a seasonal worker be eligible to receive a total amount of compensation in a benefit year in excess of the maximum compensation payable for such benefit year, as provided in section 404 of this act.

(h)  For the purposes of this section, the following definitions shall apply:

(1)  "Fruit or vegetable food processing operation" means those services performed in connection with commercial canning or commercial freezing of fruits and vegetables.

(2)  "Normal seasonal period" means the normal seasonal period, as determined in accordance with subsection (b) of this section, during which workers are ordinarily employed for the purpose of carrying on seasonal operations in each seasonal industry, as defined in this section.

(3)  "Seasonal industry" means an industry, establishment or process within an industry which, because of climatic conditions making it impractical or impossible to do otherwise, customarily carries on fruit or vegetable food processing operations, or both, only during a regularly recurring period of one hundred eighty (180) days of work or less in a calendar year.

(4)  "Seasonal operation" means an operation in which it is customary for an employer engaged in a seasonal industry as defined in paragraphs (1) and (3) of subsection (h) of this section, to operate all or a portion of its business during a regularly recurring period of one hundred eighty (180) days of work or less for a normal seasonal period during a calendar year. An employer may be determined to be engaged in a seasonal industry as defined in this section, with respect to a portion of its business, only if that portion, under the usual and customary practice in the industry, is identifiable as a functionally distinct operation.

(5)  "Seasonal worker" means a worker who performs commercial canning or commercial freezing services for a fruit or vegetable food processing operation for less than one hundred eighty (180) days of work.

(402.5 added July 1, 1985, P.L.96, No.30)

Section 402.6.  Ineligibility of Incarcerated Employe.--An employe shall not be eligible for payment of unemployment compensation benefits for any weeks of unemployment during which the employe is incarcerated after a conviction.

(402.6 amended Dec. 9, 2002, P.L.1330, No.156)

Section 403.  Payment of Compensation Due Deceased Claimants.--All accrued benefits due any deceased claimant may, in the discretion of the department, be paid to such persons having an interest in the estate of the deceased, without letters testamentary or of administration, as the department by rule and regulation shall determine.

(403 amended June 22, 1964, Sp. Sess., P.L.112, No.7)

Section 404.  Rate and Amount of Compensation.--Compensation shall be paid to each eligible employe in accordance with the following provisions of this section except that compensation payable with respect to weeks ending in benefit years which begin prior to the first day of January 1989 shall be paid on the basis of the provisions of this section in effect at the beginning of such benefit years.

(a)  (1)  The employe's weekly benefit rate shall be computed as (1) the amount appearing in Part B of the Table Specified for the Determination of Rate and Amount of Benefits on the line on which in Part A there appears his "highest quarterly wage," or (2) fifty per centum (50%) of his full-time weekly wage, whichever is greater. Notwithstanding any other provision of this act, if an employe's weekly benefit rate, as calculated under this paragraph, is less than seventy dollars ($70), he shall be ineligible to receive any amount of compensation. If the employe's weekly benefit rate is not a multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1).

(2)  If the base year wages of an employe whose weekly benefit rate has been determined under clause (2) of paragraph (1) of this subsection are insufficient to qualify him under subsection (c) of this section, his weekly benefit rate shall be redetermined under clause (1) of paragraph (1) of this subsection.

(3)  If an employe's weekly benefit rate as determined under clause (1) of paragraph (1) of this subsection, or redetermined under paragraph (2) of this subsection, as the case may be, is less than the maximum weekly benefit rate and the employe's base year wages are insufficient to qualify him under subsection (c) of this section but are sufficient to qualify him for any one of the next two lower weekly benefit rates, his weekly benefit rate shall be redetermined at the highest of such next lower rates.

((a) amended June 12, 2012, P.L.577, No.60)

(b)  The "highest quarterly wages" of an employe shall be the total wages (computed to the nearest dollar) which were paid to such employe in that calendar quarter in which such total wages were highest during the base year.

(c)  If an otherwise eligible employe has base year wages in an amount equal to or in excess of the amount of qualifying wages appearing in Part C of the Table Specified for the Determination of Rate and Amount of Benefits on the line on which in Part B there appears his weekly benefit rate, as determined under subsection (a) of this section, and had eighteen (18) or more credit weeks during his base year, he shall be entitled during his benefit year to the amount appearing in Part B on said line multiplied by the number of credit weeks during his base year, up to a maximum of twenty-six (26). Notwithstanding any other provision of this act, any employe with less than eighteen (18) credit weeks during the employe's base year shall be ineligible to receive any amount of compensation. ((c) amended June 12, 2012, P.L.577, No.60)

(d)  (1)  Notwithstanding any other provisions of this section each eligible employe who is unemployed with respect to any week ending subsequent to July 1, 1980 shall be paid, with respect to such week, compensation in an amount equal to his weekly benefit rate less the total of (i) the remuneration, if any, paid or payable to him with respect to such week for services performed which is in excess of his partial benefit credit, (ii) vacation pay, if any, which is in excess of his partial benefit credit, except when paid to an employe who is permanently or indefinitely separated from his employment and (iii) the amount of severance pay that is attributed to the week.

(1.1)  For purposes of clause (1)(iii), all of the following apply:

(i)  "Severance pay" means one or more payments made by an employer to an employe on account of separation from the service of the employer, regardless of whether the employer is legally bound by contract, statute or otherwise to make such payments. The term does not include payments for pension, retirement or accrued leave or payments of supplemental unemployment benefits.

(ii)  The amount of severance pay attributed pursuant to subclause (iii) shall be an amount not less than zero (0) determined by subtracting forty per centum (40%) of the average annual wage as calculated under subsection (e) as of June 30 immediately preceding the calendar year in which the claimant's benefit year begins from the total amount of severance pay paid or payable to the claimant by the employer.

(iii)  Severance pay is attributed as follows:

(A)  Severance pay is attributed to the day, days, week or weeks immediately following the employe's separation.

(B)  The number of days or weeks to which severance pay is attributed is determined by dividing the total amount of severance pay by the regular full-time daily or weekly wage of the claimant.

(C)  The amount of severance pay attributed to each day or week equals the regular full-time daily or weekly wage of the claimant.

(D)  When the attribution of severance pay is made on the basis of the number of days, the pay shall be attributed to the customary working days in the calendar week.

(2)  (i)  In addition to the deductions provided for in clause (1), for any week with respect to which an individual is receiving a pension, including a governmental or other pension, retirement or retired pay, annuity or any other similar periodic payment, under a plan maintained or contributed to by a base period or chargeable employer, the weekly benefit amount payable to such individual for such week shall be reduced, but not below zero, by the pro-rated weekly amount of the pension as determined under subclause (ii).

(ii)  If the pension is entirely contributed to by the employer, then one hundred per centum (100%) of the pro-rated weekly amount of the pension shall be deducted. Except as set forth in clause (4), if the pension is contributed to by the individual, in any amount, then fifty per centum (50%) of the pro-rated weekly amount of the pension shall be deducted.

(iii)  No deduction shall be made under this clause by reason of the receipt of a pension if the services performed by the individual during the base period or remuneration received for such services for such employer did not affect the individual's eligibility for, or increase the amount of, such pension, retirement or retired pay, annuity or similar payment.

(3)  The provisions of this subsection shall be applicable whether or not such vacation pay, retirement pension or annuities or wages are legally required to be paid. If such retirement pension or annuity payments deductible under the provisions of this subsection are received on other than a weekly basis, the amount thereof shall be allocated and pro-rated in accordance with the rules and regulations of the department. Vacation pay or other remuneration deductible under the provisions of this subsection shall be pro-rated on the basis of the employe's normal full-time weekly wage and as so pro-rated shall be allocated to such period or periods of unemployment as shall be determined by rules and regulations of the department. Such compensation, if not a multiple of one dollar ($1), shall be computed to the next lower multiple of one dollar ($1).

(4)  No deductions shall be made under this subsection for pensions paid under the Social Security Act (Public Law 74-271, 42 U.S.C. § 301 et seq.), or the Railroad Retirement Act of 1974 (Public Law 93-445, 88 Stat. 1305), if the pension is contributed to by the individual in any amount.

((d) amended June 20, 2011, P.L.16, No.6)

(e)  (1)  Table Specified for the Determination of

Rate and Amount of Benefits

 Part A

 Highest


 Quarterly

Wage


  $1688-1712

  1713-1737

  1738-1762

  1763-1787

  1788-1812

  1813-1837

  1838-1862

  1863-1887

  1888-1912

  1913-1937

  1938-1962

  1963-1987

  1988-2012

  2013-2037

  2038-2062

  2063-2087

  2088-2112

  2113-2137

  2138-2162

  2163-2187

  2188-2212

  2213-2237

  2238-2262

  2263-2287

  2288-2312

  2313-2337

  2338-2362

  2363-2387

  2388-2412

  2413-2437

  2438-2462

  2463-2487

  2488-2512

  2513-2537

  2538-2562

  2563-2587

  2588-2612

  2613-2637

  2638-2662

  2663-2687

  2688-2712

  2713-2737

  2738-2762

  2763-2787

  2788-2812

  2813-2837

  2838-2862

  2863-2887

  2888-2912

  2913-2937

  2938-2962

  2963-2987

  2988-3012

  3013-3037

  3038-3062

  3063-3087

  3088-3112

  3113-3137

  3138-3162

  3163-3187

  3188-3212

  3213-3237

  3238-3262

  3263-3287

  3288-3312

  3313-3337

  3338-3362

  3363-3387

  3388-3412

  3413-3437

  3438-3462

  3463-3487

  3488-3512

  3513-3537

  3538-3562

  3563-3587

  3588-3612

  3613-3637

  3638-3662

  3663-3687

  3688-3712

  3713-3737

  3738-3762

  3763-3787

  3788-3812

  3813-3837

  3838-3862

  3863-3887

  3888-3912

  3913-3937

  3938-3962

  3963-3987

  3988-4012

  4013-4037

  4038-4062

  4063-4087

  4088-4112

  4113-4137

  4138-4162

  4163-4187

  4188-4212

  4213-4237

  4238-4262

  4263-4287

  4288-4312

  4313-4337

  4338-4362

  4363-4387

  4388-4412

  4413-4437

  4438-4462

  4463-4487

  4488-4512

  4513-4537

  4538-4562

  4563-4587

  4588-4612

  4613-4637

  4638-4662

  4663-4687

  4688-4712

  4713-4737

  4738-4762

  4763-4787

  4788-4812

  4813-4837

  4838-4862

  4863-4887

  4888-4912

  4913-4937

  4938-4962

  4963-4987

  4988-5012

  5013-5037

  5038-5062

  5063-5087

  5088-5112

  5113-5137

  5138-5162

  5163-5187

  5188-5212

  5213-5237

  5238-5262

  5263-5287

  5288-5312

  5313-5337

  5338-5362

  5363-5387

  5388-5412

  5413-5437

  5438-5462

  5463-5487

  5488-5512

  5513-5537

  5538-5562

  5563-5587

  5588-5612

  5613-5637

  5638-5662

  5663-5687

  5688-5712

  5713-5737

  5738-5762

  5763-5787

  5788-5812

  5813-5837

  5838-5862

  5863-5887

  5888-5912

  5913-5937

  5938-5962

  5963-5987

  5988-6012

  6013-6037

  6038-6062

  6063-6087

  6088-6112

  6113-6137

  6138-6162

  6163-6187

  6188-6212

  6213-6237

  6238-6262

  6263-6287

  6288-6312

  6313-6337

  6338-6362

  6363-6387

  6388-6412

  6413-6437

  6438-6462

  6463-6487

  6488-6512

  6513-6537

  6538-6562

  6563-6587

  6588-6612

  6613-6637

  6638-6662

  6663-6687

  6688-6712

  6713-6737

  6738-6762

  6763-6787

  6788-6812

  6813-6837

  6838-6862

  6863-6887

  6888-6912

  6913-6937

  6938-6962

  6963-6987

  6988-7012

  7013-7037

  7038-7062

  7063-7087

  7088-7112

  7113-7137

  7138-7162

  7163-7187

  7188-7212

  7213-7237

  7238-7262

  7263-7287

  7288-7312

  7313-7337

  7338-7362

  7363-7387

  7388-7412

  7413-7437

  7438-7462

  7463-7487

  7488-7512

  7513-7537

  7538-7562

  7563-7587

  7588-7612

  7613-7637

  7638-7662

  7663-7687

  7688-7712

  7713-7737

  7738-7762

  7763-7787

  7788-7812

  7813-7837

  7838-7862

  7863-7887

  7888-7912

  7913-7937

  7938-7962

  7963-7987

  7988-8012

  8013-8037

  8038-8062

  8063-8087

  8088-8112

  8113-8137

  8138-8162

  8163-8187

  8188-8212

  8213-8237

  8238-8262

  8263-8287

  8288-8312

  8313-8337

  8338-8362

  8363-8387

  8388-8412

  8413-8437

  8438-8462

  8463-8487

  8488-8512

  8513-8537

  8538-8562

  8563-8587

  8588-8612

  8613-8637

  8638-8662

  8663-8687

  8688-8712

  8713-8737

  8738-8762

  8763-8787

  8788-8812

  8813-8837

  8838-8862

  8863-8887

  8888-8912

  8913-8937

  8938-8962

  8963-8987

  8988-9012

  9013-9037

  9038-9062

  9063-9087

  9088-9112

  9113-9137

  9138-9162

  9163-9187

  9188-9212

  9213-9237

  9238-9262

  9263-9287

  9288-9312

  9313-9337

  9338-9362

  9363-9387

  9388-9412

  9413-9437

  9438-9462

  9463-9487

  9488-9512

  9513-9537

  9538-9562

  9563-9587

  9588-9612

  9613-9637

  9638-9662

  9663-9687

  9688-9712

  9713-9737

  9738-9762

  9763-9787

  9788-9812

  9813-9837

  9838-9862

  9863-9887

  9888-9912

  9913-9937

  9938-9962

  9963-9987

 9988-10012

10013-10037

10038-10062

10063-10087

10088-10112

10113-10137

10138-10162

10163-10187

10188-10212

10213-10237

10238-10262

10263-10287

10288-10312

10313-10337

10338-10362

10363-10387

10388-10412

10413-10437

10438-10462

10463-10487

10488-10512

10513-10537

10538-10562

10563-10587

10588-10612

10613-10637

10638-10662

10663-10687

10688-10712

10713-10737

10738-10762

10763-10787

10788-10812

10813-10837

10838-10862

10863-10887

10888-10912

10913-10937

10938-10962

10963-10987

10988-11012

11013-11037

11038-11062

11063-11087

11088-11112

11113-11137

11138-11162

11163-11187

11188-11212

11213-11237

11238-11262

11263-11287

11288-11312

11313-11337

11338-11362

11363-11387

11388-11412

11413-11437

11438-11462

11463-11487

11488-11512

11513-11537

11538-11562

11563-11587

11588-11612

11613-11637

11638-11662

11663-11687

11688-11712

11713-11737

11738-11762

11763-11787

11788-11812

11813-11837

11838-11862

11863-11887

11888-11912

11913-11937

11938-11962

11963-11987

11988-12012

12013-12037

12038-12062

12063-12087

12088-12112

12113-12137

12138-12162

12163-12187

12188-12212

12213-12237

12238-12262

12263-12287

12288-12312

12313-12337

12338-12362

12363-12387

12388-12412

12413-12437

12438-12462

12463-12487

12488-12512

12513-12537

12538-12562

12563-12587

12588-12612

12613-12637

12638-12662

12663-12687

12688-12712

12713-12737

12738-12762

12763-12787

12788-12812

12813-12837

12838-12862

12863-12887

12888-12912

12913-12937

12938-12962

12963-12987

12988-13012

13013-13037

13038-13062

13063-13087

13088-13112

13113-13137

13138-13162

13163-13187

13188-13212

13213-13237

13238-13262

13263-13287

13288-13312

13313-13337

13338-13362

13363-13387

13388-13412

13413-13437

13438-13462

13463-13487

13488-13512

13513-13537

13538-13562

13563-13587

13588-13612

13613-13637

13638-13662

13663-13687

13688-13712

13713-13737

13738-13762

13763-13787

13788-13812

13813-13837

13838-13862

13863-13887

13888-13912

13913-13937

13938-13962

13963-13987

13988-14012

14013-14037

14038-14062

14063-14087

14088-14112

14113-14137

14138-14162

14163-14187

14188-14212

14213-14237

14238-14262

14263 or more

 

((1) amended June 12, 2012, P.L.577, No.60)

(2)  (i)  The Table Specified for the Determination of Rate and Amount of Benefits shall be extended or contracted annually, automatically by regulations promulgated by the secretary. The table shall be extended or contracted in accordance with the following:

(A)  The table shall be extended or contracted to a point where the maximum weekly benefit rate shall equal sixty-six and two-thirds per centum (66 2/3%) of the average weekly wage for the thirty-six-month period ending June 30 preceding each calendar year. If the maximum weekly benefit rate is not a multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1).

(B)  When it is necessary to extend the table, it shall be done in accordance with the following procedure:

(I)  The words "or more" shall be deleted from the last line under Part A, and an amount twenty-four dollars ($24) greater than the first entry in that line shall be substituted therefor.  The words "amount required under section 401(a)(2)" shall be deleted from the last line under Part C.

(II)  Part A shall be extended as much as necessary by adding twenty-five dollars ($25) to each amount of the preceding line. At the point where the entry in Part B equals sixty-six and two-thirds per centum (66 2/3%) of the average weekly wage, the first entry in Part A shall consist of an amount twenty-five dollars ($25) greater than the smaller amount in the preceding line, and the words "or more" shall be added.

(III)  Part B shall be extended in increments of one dollar ($1) until that point is reached where the amount is equal to sixty-six and two-thirds per centum (66 2/3%) of the average weekly wage.

(IV)  Part C shall be extended to the point where, under Part B, the amount is equal to sixty-six and two-thirds per centum (66 2/3%) of the average weekly wage.

(a)  The amount on each line in Part C other than the last line shall be derived from the first entry on the same line in Part A, in accordance with the following formula:

(First entry in Part A plus twenty-four dollars ($24)) x 100 divided by fifty and one-half (50.5)

If the amount determined by this formula is not an even multiple of one dollar ($1), it shall be rounded to the next higher multiple of one dollar ($1).

(b)  The last line in Part C shall contain the words "amount required under section 401(a)(2)."

(C)  When it is necessary to contract the table, it shall be done by deleting all lines following that in which the amount in Part B is sixty-six and two-thirds per centum (66 2/3%) of the average weekly wage, substituting the words "or more" for the higher amount under Part A on that line and substituting the words "amount required under section 401(a)(2)" for the amount under Part C on that line.

(D)  The Table Specified for the Determination of Rate and Amount of Benefits as so extended or contracted shall be effective only for those claimants whose benefit years begin on or after the first day of January of such calendar year.

(ii)  For the purpose of determining the maximum weekly benefit rate, the Pennsylvania average weekly wage in covered employment shall be computed on the basis of the average annual total wages reported (irrespective of the limit on the amount of wages subject to contributions) for the thirty-six-month period ending June 30 (determined by dividing the total wages reported for the thirty-six-month period by three) and this amount shall be divided by the average monthly number of covered workers (determined by dividing the total covered employment reported for the same thirty-six-month period by thirty-six) to determine the average annual wage. The average annual wage thus obtained shall be divided by fifty-two and the average weekly wage thus determined rounded to the nearest cent.

(iii)  Notwithstanding subclause (i), if the maximum weekly benefit rate determined under subclause (i) is greater than five hundred seventy-three dollars ($573), the maximum weekly benefit rate shall be subject to the following limitations:

(A)  For calendar years 2013 through 2019, the maximum weekly benefit rate shall be five hundred seventy-three dollars ($573).

(B)  For each calendar year 2020 through 2023, the maximum weekly benefit rate may increase from year to year by an amount that is no more than eight per centum (8%) of the maximum weekly benefit rate for the preceding year.

(C)  If the maximum weekly benefit rate determined under this subclause is not an even multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1).

((2) amended June 12, 2012, P.L.577, No.60)

(3)  In addition to the weekly benefit rate as hereinbefore set out, each eligible employe shall be paid for each week that he is entitled to benefits, the sum of five dollars ($5) for a dependent spouse or a dependent child if such eligible employe has no spouse, plus three dollars ($3) for one other dependent child, but in no event shall such additional allowance exceed eight dollars ($8) for any one week or the total number of such allowance payments exceed the claimant's maximum weeks of entitlement, determined by dividing his total amount of compensation by his weekly benefit rate.

As used in this paragraph the term "dependent child" means any child or stepchild of the eligible employe in question who, at the beginning of such individual's current benefit year, was wholly or chiefly supported by such employe, and under eighteen years of age, or if eighteen years of age and over, because of physical or mental infirmity, is unable to engage in any gainful occupation.

As used in this paragraph the term "dependent spouse" means any legally married wife or husband of the eligible employe in question who, at the beginning of such individual's current benefit year was living with and being wholly or chiefly supported by such individual. If both a husband and wife qualify for benefit rights with overlapping benefit years, only one of them shall be entitled to the additional allowances provided in this paragraph.

((3) amended Oct. 12, 1973, P.L.292, No.87)

(4)  (i)  Notwithstanding any other provision of this act, each claimant eligible for a weekly benefit rate of seventy-five dollars ($75) or more shall have his weekly compensation as determined by application of subsections (a) through (e) reduced by five per centum (5%). If such reduced weekly compensation is not an even multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1): Provided, That no claimant whose weekly benefit rate, determined in accordance with subsection (a), is in excess of seventy-four dollars ($74) shall have his weekly compensation reduced below seventy-five dollars ($75) except through the combined application of this paragraph and subsection (d). The balance in the claimant's compensation account as indicated in Part D or E of the table contained in subsection (e)(1) of this section shall be reduced by his weekly benefit amount without regard to the reduction provided herein. This subclause shall be of no effect beginning with the compensable week which ends on or after the first day of January 1989.

(ii)  Notwithstanding any other provision of this act, each claimant shall have his weekly compensation, as determined by applications of subsections (a) through (e), reduced by five per centum (5%) if and when the provisions of section 301.7(c) apply, or by the per centum redetermined under section 301.8, if and when applicable. If such reduced weekly compensation is not an even multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1): Provided, That no claimant whose weekly benefit rate, determined in accordance with subsection (a), is in excess of the weekly benefit rate immediately below the weekly benefit rate that is one-half of the maximum weekly benefit rate determined in clause (2) of this subsection shall have his weekly compensation reduced below one-half of the maximum weekly benefit rate except through the combined application of this subclause and subsection (d). The balance in the claimant's compensation account as indicated in Part D or E of the table contained in clause (1) of this subsection shall be reduced by his weekly benefit amount without regard to the reduction provided herein. This subclause shall be in effect as of the first compensable week that ends on or after the first day of January 1990.

(iii)  For purposes of this subsection only, if one-half of the maximum weekly benefit rate is not a multiple of one dollar ($1), such amount shall be rounded down to the next lower multiple of one dollar ($1) and then applied as required by this subsection.

((4) amended Oct. 19, 1988, P.L.818, No.109)

(f)  For purposes of this section and of section four hundred one (a), wages paid with respect to employment performed under Shipping Articles shall be considered as having been paid in the respective calendar quarters in which the services of the employe were being performed. ((f) amended Sept. 29, 1951, P.L.1580, No.408)

(g)  Benefits based on employment covered by the provisions of Articles X, XI and XII of this act shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this act. ((g) added Sept. 27, 1971, P.L.460, No.108)

(404 amended May 14, 1949, P.L.1355, No.404)

 

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