Unemployment compensation law




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Compiler's Note:  Section 303 Act 326 of 1982, which amended section 504, provided that the notice of the board to the parties and the department under section 504 of the act of the final decision of the board and the reasons therefor shall constitute a final order of the board for purposes of judicial review, which order shall be subject to judicial review within the time and in the manner provided or prescribed by law. Judicial review may be sought under the act only after the party seeking review has exhausted its remedies before the board.

Section 505.  Rules of Procedure.--The manner in which appeals shall be taken, the reports thereon required from the department, the claimant and employers, and the conduct of hearings and appeals, shall be in accordance with rules of procedure prescribed by the board whether or not such rules conform to common law or statutory rules of evidence and other technical rules of procedure. Rules established by the board shall permit either party to a hearing to testify via telephone, without regard to distance of hearing location from either party.

When the same or substantially similar evidence is relevant and material to the matter in issue in applications and claims filed by more than one individual or in multiple applications and claims filed by a single individual the same time and place for considering each such application and claim may be fixed, hearings thereon jointly conducted, a single record of the proceedings made and evidence introduced with respect to any application or claim considered as introduced with respect to all of such applications or claims: Provided, That in the judgment of the board or referee having jurisdiction of the proceeding such consideration will not be prejudicial to any party.

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

Section 505.1.  Place of Hearing.--Hearings on appeals shall be held within the county in which the employe regularly reports for work. Such hearings may be held at the county seat or at such other suitable place or places within the county as the board shall designate, and when all of the parties to any appeal and the board agree, such hearings may be held at any suitable place.

(505.1 added June 22, 1964, Sp. Sess., P.L.112, No.7)

Section 506.  Power to Administer Oaths; Subpoenas.--In the discharge of the duties imposed by this act, the secretary, the members of the board, any agent duly authorized in writing by the board, and any referee shall have power to administer oaths and affirmations, take depositions and certify to official acts. The department and the board shall have power to issue summons or subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of this act. Such summons or subpoenas shall be signed by the secretary or the chairman of the board, as the case may be, or some person duly authorized in writing by the secretary or the board. Witnesses subpoenaed pursuant to this act shall be allowed reasonable fees and expenses at a rate fixed by the department. Such fees and all expenses of proceedings involving disputed claims shall be deemed a part of the expense of administering this act and shall be paid from the Administration Fund.

Section 507.  Procedure where Summons or Subpoenas Disobeyed.--In case any person refuses, fails, or neglects to obey a summons or subpoena issued under the authority of this act, or fails, refuses, or neglects to produce any books, papers, correspondence, memoranda, or record, the department or board or its agent duly authorized in writing may petition the court of common pleas of the county in which the inquiry is being carried on, or within which the person summoned or subpoenaed is found or resides or transacts business, setting forth the facts, whereupon the court shall have jurisdiction to direct such person to appear before the department or its agent, or before a referee or the board at a time and place fixed by the court, and give such testimony and produce such books, papers, correspondence, memoranda, and other records as may be required, or to issue to such person its subpoena requiring such person to appear before the court at a time fixed and there to give testimony touching the matter under investigation, or to produce such other evidence as may be required.

Any person who shall, without just cause, fail, neglect, or refuse to obey a subpoena or order of the court or who shall, without just cause, fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in his power so to do, in obedience to a subpoena or an order of the court may be punished by said court for contempt.

(507 amended May 18, 1937, P.L.658, No.175)

Section 508.  Protection Against Self-Incrimination.--No person shall be excused from attending or testifying, or from producing books, papers, correspondence, memoranda, and other records before the department, the board, or any referee or court, in obedience to any summons or subpoena, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual shall not be exempt from prosecution and punishment for perjury committed in so testifying.

Section 509.  Finality of Decisions.--Any decision made by the department or any referee or the board shall not be subject to collateral attack as to any application claim or claims covered thereby or otherwise be disturbed, unless appealed from.

Subject to appeal proceedings and judicial review, any right, fact or matter in issue which was directly passed upon or necessarily involved in any decision of a referee or the board or the Court and which has become final shall be conclusive for all purposes of this act and shall not be subject to collateral attack as among all affected parties who had notice of such decision: Provided, however, That whenever an appeal involves a question as to whether services were performed by a claimant in employment or for an employer or whether remuneration paid constituted wages, a decision thereon shall not be conclusive as to an employing entity's liability for contributions unless the employing entity was given special notice of such issue and of the pendency of the appeal and was afforded a reasonable opportunity by the referee or the board to adduce evidence bearing on such question. No finding of fact or law, judgment, conclusion or final order made with respect to a claim for unemployment compensation under this act may be deemed to be conclusive or binding in any separate or subsequent action or proceeding in another forum.

(509 amended Dec. 9, 2002, P.L.1336, No.158)

Section 510.  Appeals to Superior Court.--(510 repealed Apr. 28, 1978, P.L.202, No.53)

Section 510.1.  Appeal to Commonwealth Court.--(510.1 repealed Dec. 20, 1982, P.L.1409, No.326)

Section 511.  Exceptions and Bond Not Necessary; No Supersedeas to Be Granted.--(511 repealed Apr. 28, 1978, P.L.202, No.53)

Section 512.  Final Order of Board.--Upon the final determination of any appeal, the board shall enter an order in accordance with the decree of the court.

 

ARTICLE VI



UNEMPLOYMENT COMPENSATION FUND AND

ADMINISTRATION FUND



 

Section 601.  Unemployment Compensation Fund.--(a)  There is hereby created a special fund separate and apart from all public moneys or funds of this Commonwealth to be known as the Unemployment Compensation Fund. All contributions paid by employers and employes, together with penalties and interest thereon, received or collected by the department from employers under the provisions of this act, except contributions which are to be paid into the Reemployment Fund and the Service and Infrastructure Improvement Fund as provided in section 301.4(e), such penalties and interest which are to be paid into the Special Administration Fund as provided in section 601.1 and taxes collected under section 301.6 of this act which are to be paid into the Debt Service Fund as provided in section 601.2, shall be paid into the Unemployment Compensation Fund, and shall be credited by the department to a ledger account to be known as the Employers' Contribution Account. Contributions which are to be paid into the Reemployment Fund and the Service and Infrastructure Improvement Fund as provided in section 301.4(e), interest and penalties which are to be credited to the Special Administration Fund and taxes collected under section 301.6 may be temporarily held in the Employers' Contribution Account solely for clearance purposes prior to transfer to the Reemployment Fund, the Service and Infrastructure Improvement Fund, the Special Administration Fund or the Debt Service Fund and while so held in the Employers' Contribution Account shall not be deemed a part of the Unemployment Compensation Fund. All moneys from time to time received and credited to the Employers' Contribution Account (exclusive of refunds made under section 311, contributions transferred to the Reemployment Fund and the Service and Infrastructure Improvement Fund pursuant to section 301.4(e) and interest and penalties transferred as herein provided to the Special Administration Fund and taxes transferred to the Debt Service Fund) shall be paid promptly by the department into the Unemployment Compensation Fund, except as otherwise provided in section 605 of this act. All moneys credited to this Commonwealth's account in the Unemployment Compensation Fund pursuant to section 903 of the Federal Social Security Act (42 U.S.C. § 1103) shall be included in the Unemployment Compensation Fund. ((a) amended July 2, 2013, P.L.195, No.34)

(b)  As often as may be necessary, the department shall requisition from the Unemployment Trust Fund such amounts as shall be necessary to provide adequate funds for the payment of compensation as provided in this act, except that moneys credited to this Commonwealth's account pursuant to section 903 of the Federal Social Security Act as amended shall be used exclusively as provided in section six hundred two point three. Upon receipt of such requisitioned funds, the department shall deposit them into the Unemployment Compensation Fund to the credit of a ledger account, to be known as the Compensation Account, and shall expend such moneys solely for the payment of compensation, as provided by this act. All moneys to the credit of the Compensation Account shall be mingled and undivided. The department shall pay all compensation authorized by this act out of moneys standing to the credit of the Compensation Account. ((b) amended Dec. 6, 1972, P.L.1622, No.336)

(c)  Notwithstanding any other provisions of this section, the department shall at such time or times, when the amount of moneys credited to the Commonwealth of Pennsylvania in the Unemployment Compensation Fund exceed the average annual total benefit payout for the immediate prior five (5) years, transfer such excess to the United States Treasury to repay; and reduce any outstanding Federal unemployment loan debt, and at such other time or times as the secretary with the approval of the Governor may determine, is hereby authorized to requisition from the Unemployment Compensation Fund and pay into the United States Treasury an amount which, in the aggregate, is equal to the balance of any loan made to this Commonwealth under the provisions of Title XII of the Social Security Act, as amended. Such requisition and transfer need not be in a lump sum but may be made according to a plan entered into between the department and the United States Treasury and for that purpose the authority hereinabove contained shall be deemed continuous during the term of such agreement. ((c) amended July 21, 1983, P.L.68, No.30)



 

Section 601.1.  Special Administration Fund.--(a)  There is hereby created a special fund, separate and apart from all public moneys or funds of this Commonwealth, to be known as the Special Administration Fund. Under rules and regulations adopted by the department, interest and penalties collected from employers under the provisions of this act may be paid into the Special Administration Fund. Such rules and regulations may provide for determining in any manner which payments of interest and penalties are to be paid into the Special Administration Fund and which payments of interest and penalties are to be paid into the Unemployment Compensation Fund. The moneys in this fund shall be used for the payment of costs of administration which are found not to have been properly and validly chargeable against Federal grants or other funds received for or in the Administration Fund. Said moneys shall not be expended or available for expenditure in any manner which would permit their substitution for, or a corresponding reduction in, Federal funds which would in the absence of said moneys be available to finance expenditures for the administration of this act. Nothing in this section shall prevent said moneys from being used as a revolving fund to cover expenditures necessary and proper under the law for which Federal Funds have been duly requested but not yet received, subject to the charging of such expenditures against such funds when received. The State Treasurer shall make payment of obligations from the Special Administration Fund as herein provided, upon requisition of the secretary and certification by him that no other funds are available or can properly be used to finance such expenditures. The moneys in this fund are hereby specifically made available to replace any moneys received pursuant to section three hundred and two of the Federal Social Security Act, as amended, which, because of any action or contingency, have been lost or have been expended for purposes other than, or in amounts in excess of, those necessary for the proper administration of this act and are available for such replacement, whether or not such moneys were expended or the obligations covering such expenditures were incurred prior or subsequent to the enactment of this amendment. The moneys in this fund shall be continuously available for expenditure in accordance with the provisions of this section, and shall not lapse at any time or be transferred to any other fund except as herein provided and as provided under section three hundred eleven, wherein an amount equal to any refund or credit of interest or penalties shall be transferred from the Special Administration Fund to the Unemployment Compensation Fund.

(b) All moneys in the fund in excess of two hundred thousand dollars ($200,000) on June 25th of each year shall be transferred to either the Unemployment Compensation Fund and credited to the Employers' Contribution Account as specified in section 601 or the Job Training Fund as specified in section 601.4, or transferred to both, as determined by the department, in consultation with the Secretary of the Budget. If the department determines that such excess shall be transferred to both the Unemployment Compensation Fund and the Job Training Fund, the department, in consultation with the Secretary of the Budget, shall determine what portion of such excess is transferred to each fund.

(601.1 amended June 15, 2005, P.L.8, No.5)

Section 601.2.  Debt Service Fund.--(a)  There is hereby established a separate account in the State Treasury, to be known as the Debt Service Fund. All taxes collected under section 301.6 of this act shall be paid into the Debt Service Fund. The moneys in this fund shall be used in the following priority order and such funds received are hereby appropriated for all of the following purposes:

(1)  For payment of bond obligations and bond administrative expenses; for replenishment of bond reserves; for maintenance of debt service reserves in an amount the department, with approval by the Office of the Budget, determines necessary to maintain an adequate debt service coverage ratio; and for early, optional, mandatory or other refundings, redemptions or purchases of outstanding bonds under Article XIV of this act.

(2)  For the payment of annual interest obligations assessed under Title XII of the Social Security Act.

(3)  For repayment of outstanding interest-bearing advances received under Title XII of the Social Security Act.

(4)  For transfer to the Unemployment Compensation Fund pursuant to subsection (b), for payment of compensation to individuals.

(b)  Any amount of moneys remaining in this fund at the end of a calendar year shall be transferred to the Unemployment Compensation Fund and credited to the Employers' Contribution Account as specified in section 601 if the following requirements are met:

(1)  the balance of interest-bearing advances under Title XII of the Social Security Act (58 Stat. 790, 42 U.S.C. § 1321 et seq.) is zero at the end of that year;

(2)  no interest on advances shall be due in the following year; and

(3)  there are no outstanding bond obligations and bond administration expenses under Article XIV of this act and no such obligations and expenses will be due in the following year.

(c)  Pending application for the purposes authorized, moneys held or deposited by the State Treasurer in the Debt Service Fund may be invested or reinvested as are other funds in the custody of the State Treasurer in the manner provided by law. All earnings received from the investment or deposit of moneys shall be paid into the State Treasury to the credit of the Debt Service Fund.

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

Section 601.3.  Unemployment Compensation Trigger Reserve Account.--There is hereby established within the General Fund of the State Treasury a special account, which shall be known as the Unemployment Compensation Trigger Reserve Account, for the purpose of supplementing the Unemployment Compensation Fund established under section 601. There shall be deposited in this special account such moneys as are transferred from the State Workmen's Insurance Fund. Any amounts in the Unemployment Compensation Trigger Reserve Account shall be maintained separate and apart from the Unemployment Compensation Fund unless and until transferred to the Unemployment Compensation Fund in accordance with section 301.7(d). Any interest earned on the principal of the Unemployment Compensation Trigger Reserve Account shall be deposited into the State Workmen's Insurance Fund. Any amounts transferred from the Unemployment Compensation Trigger Reserve Account to the Unemployment Compensation Fund shall become available for any purpose permitted under section 601.

(601.3 added Oct. 19, 1988, P.L.818, No.109)

Section 601.4.  Job Training Fund.--(a)  There is hereby created a special fund to be known as the Job Training Fund. Deposits in the fund shall include moneys transferred from the Special Administration Fund pursuant to section 601.1(b) and other moneys appropriated to the fund.

(b)  Subject to the provisions of subsections (c) and (d), the moneys in this fund are hereby appropriated, upon approval of the Governor, to the Department of Labor and Industry for the following purposes:

(1)  Job training programs for incumbent workers, dislocated workers, adult and youth workers, and any other work force development training program, including equipment and supplies.

(2)  Job training equipment, subject to a requirement for matching funds from a source other than State funding.

(3)  The costs of administering such training program.

(4)  The costs of collecting interest and penalties under this act that are transferred from the Special Administration Fund.

(c)  Moneys from the fund shall be made available in the following order of priority:

(1)  Counties of the sixth, seventh and eighth class.

(2)  Counties of the first, second, second A, third, fourth and fifth class, provided that there are insufficient applications for funding under paragraph (1) and to the extent that funds remains available.

(d)  The department shall make funds available to eligible entities as determined under subsection (e) based on a competitive application process as determined by the department. In distributing funding under this section, preferential consideration shall be given to those counties with a higher unemployment rate. Distribution of funds shall be determined by review of all applications submitted by eligible entities within the time period authorized by the department.

(e)  Funding shall be made available only for those entities identified in this section which provide work force education programs and services. Eligible entities shall include:

(1)  Employment and training program providers receiving financial assistance from the Commonwealth or from other sources of public funding.

(2)  Not-for-profit organizations offering publicly funded employment training programs.

(3)  Career and technical institutes.

(4)  High schools with eight or more vocational education programs.

(5)  Higher education institutions offering publicly funded employment and training programs, including:

(i)  State-related institutions and their branch campuses.

(ii)  State-owned institutions within the State System of Higher Education under Article XX-A of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949."

(iii)  Community colleges established and operated under Article XIX-A of the "Public School Code of 1949."

(f)  The moneys in this fund shall be continuously available for expenditure in accordance with the provisions of this section and shall not lapse at any time nor be transferred to any other fund.

(g)  For purposes of this section, the term "State-related institutions" shall include The Pennsylvania State University, the University of Pittsburgh, Temple University, Lincoln University and any other institution that is hereafter designated as "State-related" by the Commonwealth.

(601.4 added June 15, 2005, P.L.8, No.5)

Section 601.5.  Reemployment Fund.--(a)  There is hereby established a restricted account in the State Treasury to be known as the Reemployment Fund.

(b)  Moneys in the Reemployment Fund shall consist of contributions deposited into the fund pursuant to section 301.4(e).

(c)  Moneys in the Reemployment Fund are hereby appropriated, upon approval of the Governor, to the department for the following purposes:

(1)  Programs and services to assist individuals to become employed or improve their employment, including, without limitation, job search and placement services, educational enhancement, job training and job readiness and workplace skills training.

(2)  Research and studies to improve the department's ability to provide employment services, including, without limitation, research and studies to determine the composition of the work force, demand occupations and skills, future work force needs, labor market and business trends, the levels, duration and stability of employment and the effectiveness of employment services.

(3)  Improvements to the department's information technology infrastructure that will enhance the department's ability to provide employment services, including, without limitation, improvements that will better the department's ability to determine worker characteristics and work force characteristics and needs, acquire and distribute information about job opportunities and match job seekers with job openings.

(4)  Costs of administering activities under this section and the cost of collecting the contributions deposited into the Reemployment Fund pursuant to section 301.4(e).

(d)  The department may make funds available to governmental and private sector organizations to perform activities authorized under this section. Such organizations shall be selected based on a competitive application process as determined by the department.

(e)  At the end of each calendar year the department shall determine the amount of contributions deposited into the Reemployment Fund during that year pursuant to section 301.4(e).  If any amount of the contributions deposited in the Reemployment Fund during a calendar year are not expended or obligated for expenditure by June 30 of the following year, that amount shall be transferred to the Unemployment Compensation Fund under section 601 of this act.

(f)  Moneys in the fund shall be continuously available for expenditure in accordance with the provisions of this section and shall not lapse at any time nor be transferred to any other fund except as provided in subsection (e).

(g)  No later than June 30 of each calendar year the department shall provide a report to the Governor and the General Assembly regarding the activities under this section during the prior calendar year and an accounting for the contributions deposited into the Reemployment Fund, and the expenditures from the Reemployment Fund, during the prior calendar year.

(601.5 added June 12, 2012, P.L.577, No.60)

Section 602.  Administration Fund.--There is hereby created a special fund to be known as the Administration Fund, which shall consist of all moneys or other property received by the department from the United States of America, or any agency thereof, including the Social Security Board, or from any other source whatsoever, to be used for the administration of this act. The department shall pay all costs required for the administration and operation of this act out of the Administration Fund.

In addition, any law to the contrary notwithstanding, this fund shall be subject from time to time to charges by the Treasury Department for the costs incurred by said department in making disbursements arising from payments out of the Unemployment Compensation Fund and the fund created in this section, and the moneys in the Administration Fund are hereby appropriated for the payment of such charges.

Notwithstanding any provision of this section, all moneys requisitioned and deposited in this fund pursuant to section six hundred two point three shall remain part of the Unemployment Compensation Fund and shall be used only in accordance with the conditions specified in section six hundred two point three.

(602 amended Dec. 6, 1972, P.L.1622, No.336)

Section 602.1.  Reimbursement of Funds.--The Commonwealth of Pennsylvania hereby recognizes its obligation to replace and hereby pledges the faith of the Commonwealth that funds will be provided in the future and applied to the replacement of any moneys received after July one, one thousand nine hundred forty-one, from the Social Security Board under Title III of the Social Security Act, any unencumbered balance in the Administration Fund as of that date, any moneys thereafter granted to the Commonwealth pursuant to the provisions of the Wagner-Peyser Act, and any moneys made available by the Commonwealth or its political subdivisions and matched by such moneys granted to the Commonwealth pursuant to the provisions of the Wagner-Peyser Act, which the Social Security Board finds have, because of any action or contingency, been lost or have been expended for purposes other than or in amounts in excess of those found necessary by the Social Security Board for the proper administration of this act. Such moneys shall be promptly replaced by the moneys transferred from the Special Administration Fund, or by moneys appropriated for such purpose from the general funds of the Commonwealth to the Administration Fund, for expenditure as provided in section six hundred and two of this act. This section shall not be construed to relieve the Commonwealth of its obligation with respect to funds received prior to July one, one thousand nine hundred forty-one, pursuant to the provisions of Title III of the Social Security Act. (602.1 amended May 17, 1959, P.L.153, No.72)

Section 602.2.  All moneys received from the Social Security Board under Title III of the Social Security Act or the provisions of the Wagner-Peyser Act, and all moneys made available by the Commonwealth or its political subdivisions and matched by moneys granted to the Commonwealth pursuant to the provisions of the Wagner-Peyser Act shall be expended solely for the purposes and in the amounts found necessary by the Social Security Board for the proper and efficient administration of this act.

(602.2 added Aug. 5, 1941, P.L.845, No.314)

Section 602.3.  Money Credited under Section 903 of the Federal Social Security Act (42 U.S.C. § 1103).--(a)  Money credited to the account of this Commonwealth in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Federal Social Security Act (42 U.S.C. § 1103) may not be requisitioned from this Commonwealth's account or used except for the payment of benefits and for the payment of expenses incurred for the administration of this act and this State's system of public employment offices. Such money may be requisitioned pursuant to subsection (b) of section 601 for the payment of benefits. Such money may also be requisitioned and used for the payment of expenses incurred for the administration of this act and this State's system of public employment offices but only pursuant to a specific appropriation by the Legislature and only if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:

(1)  Specifies the purposes for which such money is appropriated and the amounts appropriated therefor;

(2)  Limits the period within which such money may be obligated to a period ending not more than two years after the date of the enactment of the appropriation law; and

(3)  Limits the amount which may be obligated to an amount which does not exceed the amount by which (i) the aggregate of the amounts transferred to the account of this Commonwealth pursuant to section 903 of the Federal Social Security Act (42 U.S.C. § 1103) exceeds (ii) the aggregate of the amounts used by this Commonwealth pursuant to this act and charged against the amounts transferred to the account of this Commonwealth.

((a) amended Oct. 30, 1996, P.L.738, No.133)

(b) For purposes of subsection (a)(3), amounts obligated for administrative purposes pursuant to an appropriation or paid out for benefits shall be chargeable against transferred amounts at the exact time the obligation is entered into. The appropriation, obligation and expenditure or other disposition of money appropriated under this subsection shall be accounted for in accordance with standards established by the United States Secretary of Labor. ((b) amended Oct. 30, 1996, P.L.738, No.133)

(c)  Money appropriated as provided herein for the payment of expenses of administration shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the Employment Security Administration Fund from which such payments shall be made. Money so deposited shall, until expended, remain a part of the unemployment fund and, if it will not be expended, shall be returned promptly to the account of this Commonwealth in the Unemployment Trust Fund.

(602.3 added Dec. 6, 1972, P.L.1622, No.336)

Section 602-A.  Audit of Funds.--The accounts and books of the Unemployment Compensation Fund, the Special Administration Fund, and the Administration Fund, including their receipts, disbursements and other items referring to their financial standing, shall, from time to time, be examined by the Auditor General who shall report the results of his examination to the Governor.

(602-A added May 31, 1957, P.L.235, No.113)

Section 603.  State Treasurer as Custodian.--The State Treasurer shall be the custodian of the Unemployment Compensation Fund, the Administration Fund, the Special Administration Fund, the Debt Service Fund, the Job Training Fund and the Reemployment Fund. He shall give a bond, or bonds, with corporate sureties, conditioned upon the faithful performance of his duties as custodian of such funds in such amount or amounts as shall be determined and fixed by the Executive Board of this Commonwealth. Premiums for such bond or bonds shall be paid by the department out of the moneys in the Administration Fund. All moneys belonging to such funds (exclusive of moneys on deposit in the Unemployment Trust Fund as provided in section 601) shall be deposited by the State Treasurer in any banks or public depositories in which general funds of the Commonwealth may be deposited, but no public deposit insurance charge or premium shall be paid out of moneys in the Unemployment Compensation Fund. Any law to the contrary notwithstanding, all payments from such funds shall be made under such systems of requisitioning and accounting as the Governor, the State Treasurer, and Secretary shall determine.

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

Section 604.  Budgetary Provisions Not Applicable.--The provisions of section 214 of article II and the provisions of article VI of The Administrative Code of one thousand nine hundred twenty-nine, as amended, shall not apply to the funds created under the provisions of sections 601 and 602 of this act.

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

Section 605.  Management of Funds upon Discontinuance of Unemployment Trust Fund.--If Title IX of the Social Security Act, or any amendment thereto, or any other Federal tax against which contributions under this act may be credited, shall be amended or repealed by Congress or held unconstitutional by the Supreme Court of the United States, with the result that no contributions under this act may be credited against such Federal tax, then the department shall requisition from the Unemployment Trust Fund all moneys, properties, or securities therein belonging to the Unemployment Compensation Fund of this Commonwealth, and shall credit the same to the Employers' Contribution Account in the Unemployment Compensation Fund. Thereafter all contributions received or collected under this act shall remain to the credit of the Employers' Contribution Account in the Unemployment Compensation Fund until required for the payment of compensation, in which event sufficient funds for this purpose, upon requisition of the department, shall be transferred to the credit of the Compensation Account in the aforesaid fund. All moneys standing to the credit of the Employers' Contribution Account in the Unemployment Compensation Fund shall be invested by the State Treasurer in such investments prescribed by the act of April twenty-fifth, one thousand nine hundred twenty-nine (Pamphlet Laws, seven hundred twenty-three), as are readily marketable, and the investment of such moneys shall at all times be so made that all the assets to the credit of the Employers' Contribution Account shall always be readily convertible into cash when needed for the payment of compensation.

Section 606.  Transfer of Funds to Railroad Unemployment Insurance Account.--(606 repealed May 23, 1949, P.L.1738, No.530)

Section 607.  Moneys Advanced Under Title XII of the Social Security Act.--(607 repealed July 21, 1983, P.L.68, No.30)

Section 608.  Extended or Supplemental Benefits under Federal Law.--Whenever the Congress of the United States shall enact laws providing for the payment of supplemental or extended unemployment compensation benefits, the secretary with the approval of the Governor, is hereby authorized and empowered to enter into such agreements with the United States Department of Labor or such Federal agency as may be charged with the administration of such laws as may be necessary to obtain for the citizens of this Commonwealth the benefits of such laws. No such agreements may be executed if, as a result thereof, employers in this Commonwealth would be subjected to a tax burden under any Federal law imposing a tax on payrolls not applied uniformly to all employers subject to such law.

(608 added Mar. 24, 1964, Sp. Sess., P.L.53, No.1)

Section 609.  Conformity with Federal Standards.--Any provisions in this act to the contrary notwithstanding, whenever the Governor of this Commonwealth is formally notified by the Secretary of the United States Department of Labor or any authorized officer of the Federal government that any provision or provisions of this act are inconsistent with any Federal law with which State employment security laws are required to conform as a condition for the allowance of credit against Federal taxes on payrolls or the receipt of funds for the administration of employment security programs, such provision or provisions upon proclamation by the Governor, shall be deemed inoperative and of no effect. Such proclamation shall include when necessary such provision or provisions as may be necessary to remedy such inconsistency which shall have the full force and effect of law from the date thereof if approved by appropriate amendment to this act in the next session of the General Assembly having jurisdiction of the subject matter, otherwise such provision or provisions shall be null and void from the date of the General Assembly's disapproval or adjournment, whichever occurs the earlier.

(609 added Mar. 24, 1964, Sp. Sess., P.L.53, No.1)

 

ARTICLE VII



PROTECTION OF RIGHTS AND COMPENSATION

 

Section 701.  Certain Agreements Void; Penalty.--No agreement by an employe to waive, release, or commute his rights to compensation, or any other rights under this act, shall be valid. No agreement by an employe or by employes to pay all or any portion of an employer's contributions, required under this act from such employer, shall be valid. No employer shall, directly or indirectly, make or require or accept any deduction from the remuneration of individuals in his employ to finance contributions required from him under this act, or require or accept any waiver by an employe of any right hereunder. Any employer or officer or agent of an employer who violates any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced for each offense to pay a fine of not less than one hundred dollars nor more than one thousand dollars, or be imprisoned for not more than six months, or both.



Section 702.  Limitation of Fees.--No employer or employe shall be charged fees of any kind in any proceeding under this act by the department, the board, or any of its officers or agents. Any individual claiming compensation in any proceeding before the department, the board, or referee may be represented by counsel or other duly authorized agent; but no such counsel or agent shall either charge or receive any greater fee for such services than is approved by the board. Any person who violates any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than fifty dollars nor more than five hundred dollars, or be imprisoned for not more than six months, or both.

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

Section 703.  No Assignment of Compensation; Exemptions.--No assignment, pledge, or encumbrance of any right to compensation which is or may become due or payable under this act shall be valid, and such rights to compensation shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt. Compensation payments received by an employe, so long as they are not mingled with other funds of the employe, shall be exempt from any remedy whatsoever for the collection of all debts, except debts incurred for necessaries furnished to such individual or his spouse or dependents during the time when such individual was unemployed. No waiver of any exemption provided for in this section shall be valid: Provided, however, That upon receipt of notification, the department shall forward to the Department of Public Assistance benefit checks equal to amount of public assistance paid to an individual for necessaries furnished such individual or his spouse or dependents during the time when such individual was unemployed.

(703 amended July 28, 1953, P.L.688, No.218)

Section 703.1.  Child Support Intercept of Unemployment Compensation.--Notwithstanding any other provisions of this or any other act:

(a)  An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, be required to disclose whether he owes child support obligations as defined in subsection (h).

(b)  Information that the individual has been determined to be eligible for unemployment compensation shall be provided to State or local child support enforcement agencies enforcing such obligation.

(c)  The Department of Labor and Industry shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations as defined under subsection (h):

(1)  the amount specified by the individual to be deducted and withheld under this subsection if neither paragraph (2) nor (3) is applicable:

(2)  the amount (if any) determined pursuant to an agreement submitted to the department under section 454(20)(B)(i) of the Social Security Act by the State or local child support enforcement agency, unless paragraph (3) is applicable; or

(3)  any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process (as defined in section 462(e) of the Social Security Act).

(d)  Any amount deducted and withheld under subsection (c) shall be paid to the appropriate State or local child support enforcement agency.

(e)  Any amount deducted and withheld under subsection (c) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the State or local child support enforcement agency in satisfaction of the individual's child support obligations.

(f)  For purposes of subsections (a) through (e), the term "unemployment compensation" means any compensation payable under the State law (including amounts payable pursuant to an agreement under any Federal law providing for compensation, assistance, or allowances with respect to unemployment).

(g)  Deductions will be made pursuant to this section only if appropriate arrangements have been made for reimbursement by the State or local child support enforcement agency for the administrative costs incurred by the department under this section which are attributable to child support obligations being enforced by the State or local child support enforcement agency.

(h)  The term "child support obligations" is defined for purposes of these provisions as including only obligations which are being enforced pursuant to a plan described in section 454 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.

(i)  The term "State or local child support enforcement agency" as used in these provisions means any agency of a State or political subdivision thereof operating pursuant to a plan described in subsection (h).

(703.1 added Oct. 22, 1981, P.L.301, No.106)

Section 703.2.  Voluntary Federal Income Tax Withholding.--(a)  With respect to all payments of unemployment compensation made after December 31, 1996:

(1)  An individual filing a new application for unemployment compensation shall, at the time of filing the application, be advised that:

(i)  Unemployment compensation is subject to Federal income tax.

(ii)  Requirements exist pertaining to estimated tax payments.

(iii)  The individual may elect to have Federal income tax deducted and withheld from the individual's payment of unemployment compensation at the amount specified in the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).

(iv)  The individual shall be permitted to change previously elected withholding status.

(2)  Amounts deducted and withheld from unemployment compensation shall remain in the Unemployment Compensation Fund until transferred to the Federal taxing authority as a payment of income tax.

(3)  The secretary shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Service pertaining to the deducting and withholding of income tax.

(4)  Amounts shall be deducted and withheld under this section only after amounts are deducted and withheld for any overpayment of unemployment compensation, child support obligations and any other amounts authorized to be deducted and withheld under Federal or State law.

(b)  This section is effective notwithstanding any other provisions of this or any other act.

(703.2 added Nov. 17, 1995, P.L.615, No.64)

Section 704.  Deductions from Back Wage Awards.--Any employer who makes a deduction from a back wage award to a claimant because of the claimant's receipt of unemployment compensation benefits, for which he has become ineligible by reason of such award, shall be liable to pay into the Unemployment Compensation Fund an amount equal to the amount of such deduction. When the employer has made such payment into the Unemployment Compensation Fund, his reserve account shall be appropriately credited.

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

Section 705.  Recoupment and/or Setoff of Unemployment Compensation Benefits.--Recoupment and/or setoff of benefits paid to a discharged employe, if any, shall be determined from employe's gross, not net, back wages if employe is reinstated by arbitrator with back pay during period back pay is awarded.

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

 

ARTICLE VIII



PENALTY PROVISIONS

 

Section 801.  False Statements and Representations to Obtain or Increase Compensation.--(a)  Whoever makes a false statement or representation knowing it to be false, or knowingly fails to disclose a material fact to obtain or increase any compensation or other payment under this act or under an employment security law of any other state or of the Federal Government or of a foreign government, either for himself or for any other person, shall upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than one hundred dollars nor more than one thousand dollars, or shall be sentenced to imprisonment for not longer than thirty days, or both, and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense. In addition to any other sanction, an individual convicted under this subsection shall be ordered to make restitution of the compensation to which the individual was not entitled and of interest on that compensation in accordance with section 804(a).



(b)  Whoever makes a false statement knowing it to be false, or knowingly fails to disclose a material fact to obtain or increase any compensation or other payment under this act or under an employment security law of any other state or of the Federal Government or of a foreign government, may be disqualified in addition to such week or weeks of improper payments for a penalty period of two weeks and for not more than one additional week for each such week of improper payment: Provided, That no additional weeks of disqualification shall be imposed under this section if prosecution proceedings have been instituted against the claimant because of such misrepresentation or non-disclosure. The departmental determination imposing penalty weeks under the provisions of this subsection shall be subject to appeal in the manner provided in this act for appeals from determinations of compensation. The penalty weeks herein provided for shall be imposed against any weeks with respect to which the claimant would otherwise be eligible for compensation, under the provisions of this act, which begin within the four year period following the end of the benefit year with respect to which the improper payment or payments occurred.

(c)  Whoever makes a false statement knowing it to be false, or knowingly fails to disclose a material fact to obtain or increase compensation or other payment under this act or under an employment security law of the Federal Government and as a result receives compensation to which he is not entitled shall be liable to pay to the Unemployment Compensation Fund a sum equal to fifteen per centum (15%) of the amount of the compensation. The sum shall be collectible in the manner provided in section 308.1 or 309 of this act for the collection of past due contributions and by any other means available under Federal or State law. No administrative or legal proceeding for the collection of the sum may be instituted after the expiration of ten years following the end of the benefit year with respect to which the sum was paid. ((c) added Oct. 23, 2013, P.L.637, No.75)

(801 amended Dec. 9, 2002, P.L.1336, No.158)

 

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