PRINTER'S NO. 1189
No. 1047 Session of 1989
INTRODUCED BY CORNELL, TRELLO, LAUGHLIN, GEIST AND BUNT,
APRIL 5, 1989
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 5, 1989
AN ACT
1 Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
2 P.L.2897, No.1), entitled "An act establishing a system of
3 unemployment compensation to be administered by the
4 Department of Labor and Industry and its existing and newly
5 created agencies with personnel (with certain exceptions)
6 selected on a civil service basis; requiring employers to
7 keep records and make reports, and certain employers to pay
8 contributions based on payrolls to provide moneys for the
9 payment of compensation to certain unemployed persons;
10 providing procedure and administrative details for the
11 determination, payment and collection of such contributions
12 and the payment of such compensation; providing for
13 cooperation with the Federal Government and its agencies;
14 creating certain special funds in the custody of the State
15 Treasurer; and prescribing penalties," further providing for
16 separation pay.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 404(d)(1) and (3) of the act of December
20 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
21 Unemployment Compensation Law, amended October 19, 1988
22 (P.L.818, No.109), is amended to read:
23 Section 404. Rate and Amount of Compensation.--Compensation
24 shall be paid to each eligible employe in accordance with the
1 following provisions of this section except that compensation
2 payable with respect to weeks ending in benefit years which
3 begin prior to the first day of January 1989 shall be paid on
4 the basis of the provisions of this section in effect at the
5 beginning of such benefit years.
6 * * *
7 (d) (1) Notwithstanding any other provisions of this
8 section each eligible employe who is unemployed with respect to
9 any week ending subsequent to July 1, 1980 shall be paid, with
10 respect to such week, compensation in an amount equal to his
11 weekly benefit rate less the total of (i) the remuneration, if
12 any, paid or payable to him with respect to such week for
13 services performed which is in excess of his partial benefit
14 credit [and]; (ii) vacation pay, if any, which is in excess of
15 his partial benefit credit, except when paid to an employe who
16 is permanently or indefinitely separated from his employment;
17 and (iii) severance or separation allowances or dismissal wages
18 and similar payments, the payment of or eligibility for which is
19 made or conditioned upon a temporary, indefinite or permanent
20 separation from employment except payments made pursuant to a
21 private plan the actual and declared purpose of which is to
22 provide benefits in addition to the compensation provided by
23 this act and so found by the department.
24 * * *
25 (3) The provisions of this subsection shall be applicable
26 whether or not such vacation pay, retirement pension or
27 annuities, payments, allowances or wages are legally required to
28 be paid. If such retirement pension or annuity payments
29 deductible under the provisions of this subsection are received
30 on other than a weekly basis, the amount thereof shall be
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1 allocated and pro-rated in accordance with the rules and
2 regulations of the department. Vacation pay, separation
3 allowances, dismissal wages or other remuneration deductible
4 under the provisions of this subsection shall be pro-rated on
5 the basis of the employe's normal full-time weekly wage and as
6 so pro-rated shall be allocated to such period or periods of
7 unemployment as shall be determined by rules and regulations of
8 the department. Such compensation, if not a multiple of one
9 dollar ($1), shall be computed to the next lower multiple of one
10 dollar ($1).
11 * * *
12 Section 2. This act shall apply to all claims for
13 compensation filed on and after the effective date of this
14 amendatory act.
15 Section 3. This act shall take effect in 60 days.
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