THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FARRY, GINGRICH, SAYLOR, SONNEY, PEIFER, BISHOP, BOYD, BRADFORD, BROOKS, CALTAGIRONE, CARROLL, CLYMER, CUTLER, DALEY, EVERETT, GEIST, GOODMAN, GROVE, HELM, KILLION, MILLER, MURT, O'NEILL, PYLE, RAPP, REICHLEY, ROSS, SIPTROTH, STERN, STEVENSON, SWANGER, VULAKOVICH AND YOUNGBLOOD, JUNE 14, 2010

REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 14, 2010  

AN ACT

Amending the act of December 5, 1936 (2nd Sp.Sess., 1937

P.L.2897, No.1), entitled "An act establishing a system of

unemployment compensation to be administered by the

Department of Labor and Industry and its existing and newly

created agencies with personnel (with certain exceptions)

selected on a civil service basis; requiring employers to

keep records and make reports, and certain employers to pay

contributions based on payrolls to provide moneys for the

payment of compensation to certain unemployed persons;

providing procedure and administrative details for the

determination, payment and collection of such contributions

and the payment of such compensation; providing for

cooperation with the Federal Government and its agencies;

creating certain special funds in the custody of the State

Treasurer; and prescribing penalties," further providing for

qualifications required to secure compensation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 401(d) of the act of December 5, 1936

(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment

Compensation Law, amended July 10, 1980 (P.L.521, No.108), is

amended to read:

Section 401.  Qualifications Required to Secure

Compensation.--Compensation shall be payable to any employe who

is or becomes unemployed, and who--

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(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.

(3)  An otherwise eligible claimant shall not be denied

benefits for any week in which they are not able and available

for suitable work, or are not participating in job search

activities as may be required by subsection (b), if they are

enrolled in and attending a training or certification or diploma

granting program at an institution of higher education to obtain

skills which can lead to a reasonable expectation of employment

within six months of enrollment. The department shall develop an

application process, and guidelines for administration of such

program, including active monitoring of a claimant's progress in

such program, and guidelines for termination by the department

of a claimant's approval for such program. The department shall

consult local work force investment boards for input on

approving applications under this subclause in order to ensure

applicants are applying for training that will lead to

employment in occupations for which work is readily available.

Fifty per centum (50%) of the benefits paid to claimants who are

participating in training under this subclause shall not be

applied to base year employers. For the purposes of this

subclause, the term "institution of higher education" shall mean

any of the following:

(i)  An institution of the State System of Higher Education

created under Article XX-A of the act of March 10, 1949 (P.L.30,

No.14), known as the "Public School Code of 1949."

(ii)  A community college created under Article XIX-A of the

"Public School Code of 1949."

(iii)  The Pennsylvania State University, the University of

Pittsburgh, Temple University, Lincoln University and their

branch campuses and any other institution designated as "State-

related" by the Commonwealth after the effective date of this  

subclause.

(iv)  A private licensed school as defined in the act of

December 15, 1986 (P.L.1585, No.174), known as the "Private

Licensed Schools Act."

(v)  An institution as the term is defined under 24 Pa.C.S. §

6501(a) (relating to applicability of chapter) that is

accredited by the Middle States Commission on Higher Education.

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Section 2.  This act shall take effect immediately.