PRINTER'S NO. 3320
No. 2429 Session of 1990
INTRODUCED BY CHADWICK, HECKLER, GODSHALL, COY, MORRIS, DISTLER,
COLAIZZO, JOHNSON, PESCI, JAROLIN, FLEAGLE, LEH, DAVIES,
VROON, J. L. WRIGHT, FARGO, BURD, FARMER, LANGTRY, LINTON,
BIRMELIN, TIGUE, SEMMEL, BILLOW, NOYE, GEIST, DIETTERICK,
BUNT, E. Z. TAYLOR, TRELLO, HERSHEY, FOX, LEE, DEMPSEY,
ADOLPH, CARN, PITTS, MOEHLMANN, NAHILL, MARSICO AND
MICHLOVIC, APRIL 3, 1990
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 3, 1990
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
2 act defining the liability of an employer to pay damages for
3 injuries received by an employe in the course of employment;
4 establishing an elective schedule of compensation; providing
5 procedure for the determination of liability and compensation
6 thereunder; and prescribing penalties," further providing for
7 the coverage of the act.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 104 of the act of June 2, 1915 (P.L.736,
11 No.338), known as The Pennsylvania Workmen's Compensation Act,
12 reenacted and amended June 21, 1939 (P.L.520, No.281) and
13 amended March 29, 1972 (P.L.159, No.61), is amended to read:
14 Section 104. The term "employe," as used in this act is
15 declared to be synonymous with servant, and includes--
16 All natural persons who perform services for another for a
17 valuable consideration, exclusive of persons whose employment is
18 casual in character and not in the regular course of the
1 business of the employer, and exclusive of persons to whom
2 articles or materials are given out to be made up, cleaned,
3 washed, altered, ornamented, finished or repaired, or adapted
4 for sale in the worker's own home, or on other premises, not
5 under the control or management of the employer. Every executive
6 officer of a corporation elected or appointed in accordance with
7 the charter and by-laws of the corporation, except executive
8 officers of corporations qualified under section 501(c)(3) of
9 the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.
10 § 501(c)(3)) who perform only management functions and who are
11 specifically classified by the corporation as nonemployes and
12 except elected officers of the Commonwealth or any of its
13 political subdivisions, shall be an employe of the corporation
14 except as hereinafter provided in sections 302 (c), 305 and 321.
15 Section 2. This act shall take effect in 60 days.
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