1Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
2P.L.2897, No.1), entitled "An act establishing a system of
3unemployment compensation to be administered by the
4Department of Labor and Industry and its existing and newly
5created agencies with personnel (with certain exceptions)
6selected on a civil service basis; requiring employers to
7keep records and make reports, and certain employers to pay
8contributions based on payrolls to provide moneys for the
9payment of compensation to certain unemployed persons;
10providing procedure and administrative details for the
11determination, payment and collection of such contributions
12and the payment of such compensation; providing for
13cooperation with the Federal Government and its agencies;
14creating certain special funds in the custody of the State
15Treasurer; and prescribing penalties," further providing for
16relief from charges and for recovery and recoupment of
17compensation.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. Section 302.1(e) of the act of December 5, 1936
21(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
22Compensation Law, added June 20, 2011 (P.L.16, No.6), is amended
23to read:

24Section 302.1. Relief from Charges.--Notwithstanding any
25other provisions of this act assigning charges for compensation

1paid to employes, the department shall relieve an employer of
2charges for compensation in accordance with this section and
3section 213 of this act.

4* * *

5(e) General provisions:

6(1) Where the individual's eligibility for compensation has
7been finally determined under the provisions of Article V of
8this act, such determination shall not be subject to attack in
9proceedings under this section.

10(2) The findings and determinations of the department under
11this section shall be subject to appeal in the manner provided
12in this act for appeals from determinations of compensation.

13(3) Notwithstanding any other provisions of this section, no
14employer shall be relieved of charges with respect to benefits
15that are subsequently determined to be overpaid if the employer
16or agent of the employer failed without good cause to respond
17adequately or timely to a department request for information
18with respect to the claim for such benefits. For purposes of
19this section, the employer has responded timely to a request for
20information if it responds within fifteen calendar days of the
21mailing of the request for information to its last known post
22office box.

23Section 2. Section 804(b) of the act, amended July 10, 1980
24(P.L.521, No.108), is amended to read:

25Section 804. Recovery and Recoupment of Compensation.--* * *

26(b) (1) Any person who other than by reason of his fault
27has received with respect to a benefit year any sum as
28compensation under this act to which he was not entitled shall
29not be liable to repay such sum but shall be liable to have such
30sum deducted from any future compensation payable to him with

1respect to such benefit year, or the three-year period
2immediately following such benefit year: Provided, That with
3respect to overpayments of one hundred dollars or more,
4recoupment from such future compensation shall not exceed one-
5third of the maximum benefit amount to which such person is
6entitled during any such subsequent benefit year nor one-third
7of the weekly benefit amount to which such person may be
8entitled for any particular week. In the absence of
9misrepresentation or non-disclosure of a material fact, no
10recoupment shall be had if such overpayment is created by reason
11of (i) a subsequent reversal of two decisions of eligibility
12under the provisions of section five hundred one (e) of this
13act, or (ii) the subsequent receipt of holiday pay, vacation pay
14or the like of which the person had no knowledge, [or] (iii) a
15subsequent determination that the person's base year wages were
16not earned in employment as defined in this act, (iv) the 
17employer has been denied relief from charges under section 
18302.1(e)(3) because of its failure without good cause to respond 
19adequately or timely to a department request for information, or 
20(v) recoupment would defeat the purpose of the benefits or would 
21be against equity and good conscience. No provision of this
22subsection shall be construed to prevent or prohibit the
23voluntary repayment of compensation by such person or the
24maintenance of records of overpayments by the department.

25(2) The claimant and other affected parties shall be
26notified in writing of the department's determination to deduct
27any sum from future compensation under this section, and such
28determination shall be subject to appeal in the manner provided
29in this act for appeals from determinations of compensation.

30(3) Notwithstanding any other provisions of this subsection,

1any person who has received or employer who has made a back wage
2payment pursuant to an award of a labor relations board
3arbitrator or the like without deduction for unemployment
4compensation benefits received during the period to which such
5wages are allocated shall notify the department immediately of
6the receipt or payment of such back wage award. The recipient of
7such back wage award, made without deduction for unemployment
8compensation benefits received during the period, shall be
9liable to pay into the Unemployment Compensation Fund an amount
10equal to the amount of such unemployment compensation benefits
11received.

12* * *

13Section 3. This act shall take effect in 60 days.