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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 14, 2010 |
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| AN ACT |
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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 | qualifications required to secure compensation. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 401(d) of the act of December 5, 1936 |
20 | (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment |
21 | Compensation Law, amended July 10, 1980 (P.L.521, No.108), is |
22 | amended to read: |
23 | Section 401. Qualifications Required to Secure |
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1 | Compensation.--Compensation shall be payable to any employe who |
2 | is or becomes unemployed, and who-- |
3 | * * * |
4 | (d) (1) Is able to work and available for suitable work: |
5 | Provided, That no otherwise eligible claimant shall be denied |
6 | benefits for any week because he is in training with the |
7 | approval of the secretary nor shall such individual be denied |
8 | benefits with respect to any week in which he is in training |
9 | with the approval of the secretary by reason of the application |
10 | of the provisions of this subsection relating to availability |
11 | for work or the provisions of section 402(a) of this act |
12 | relating to failure to apply for or a refusal to accept suitable |
13 | work. |
14 | (2) No otherwise eligible claimant shall be denied benefits |
15 | for any week in which his unemployment is due to exercising the |
16 | option of accepting a layoff, from an available position, |
17 | pursuant to a labor-management contract, or pursuant to an |
18 | established employer plan, program or policy. |
19 | (3) An otherwise eligible claimant shall not be denied |
20 | benefits for any week in which they are not able and available |
21 | for suitable work, or are not participating in job search |
22 | activities as may be required by subsection (b), if they are |
23 | enrolled in and attending a training or certification or diploma |
24 | granting program at an institution of higher education to obtain |
25 | skills which can lead to a reasonable expectation of employment |
26 | within six months of enrollment. The department shall develop an |
27 | application process, and guidelines for administration of such |
28 | program, including active monitoring of a claimant's progress in |
29 | such program, and guidelines for termination by the department |
30 | of a claimant's approval for such program. The department shall |
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1 | consult local work force investment boards for input on |
2 | approving applications under this subclause in order to ensure |
3 | applicants are applying for training that will lead to |
4 | employment in occupations for which work is readily available. |
5 | Fifty per centum (50%) of the benefits paid to claimants who are |
6 | participating in training under this subclause shall not be |
7 | applied to base year employers. For the purposes of this |
8 | subclause, the term "institution of higher education" shall mean |
9 | any of the following: |
10 | (i) An institution of the State System of Higher Education |
11 | created under Article XX-A of the act of March 10, 1949 (P.L.30, |
12 | No.14), known as the "Public School Code of 1949." |
13 | (ii) A community college created under Article XIX-A of the |
14 | "Public School Code of 1949." |
15 | (iii) The Pennsylvania State University, the University of |
16 | Pittsburgh, Temple University, Lincoln University and their |
17 | branch campuses and any other institution designated as "State- |
18 | related" by the Commonwealth after the effective date of this |
19 | subclause. |
20 | (iv) A private licensed school as defined in the act of |
21 | December 15, 1986 (P.L.1585, No.174), known as the "Private |
22 | Licensed Schools Act." |
23 | (v) An institution as the term is defined under 24 Pa.C.S. § |
24 | 6501(a) (relating to applicability of chapter) that is |
25 | accredited by the Middle States Commission on Higher Education. |
26 | * * * |
27 | Section 2. This act shall take effect immediately. |
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