PRINTER'S NO. 2213
No. 1522 Session of 2002
INTRODUCED BY GERLACH, AUGUST 30, 2002
REFERRED TO LABOR AND INDUSTRY, AUGUST 30, 2002
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 employees ineligible for compensation.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 402(h) of the act of December 5, 1936
20 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
21 Compensation Law, added December 17, 1959 (P.L.1893, No.693), is
22 amended to read:
23 Section 402. Ineligibility for Compensation.--An employe
24 shall be ineligible for compensation for any week--
1 * * *
2 [(h) In which he is engaged in self-employment: Provided,
3 however, That an employe who is able and available for full-time
4 work shall be deemed not engaged in self-employment by reason of
5 continued participation without substantial change during a
6 period of unemployment in any activity including farming
7 operations undertaken while customarily employed by an employer
8 in full-time work whether or not such work is in "employment" as
9 defined in this act and continued subsequent to separation from
10 such work when such activity is not engaged in as a primary
11 source of livelihood. Net earnings received by the employe with
12 respect to such activity shall be deemed remuneration paid or
13 payable with respect to such period as shall be determined by
14 rules and regulations of the department.]
15 * * *
16 Section 2. This act shall take effect in 60 days.
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