PRINTER'S NO. 1362
No. 1184 Session of 1989
INTRODUCED BY PITTS, MOWERY, SCHULER, JOSEPHS, KUKOVICH, BOYES,
McVERRY, McCALL, NOYE, FOX, HARPER, GLADECK, BROUJOS, HESS,
S. H. SMITH, DeLUCA, HECKLER, BATTISTO, BIRMELIN, MERRY,
FARMER, TIGUE, D. W. SNYDER, FARGO, STAIRS, LANGTRY, LEE,
ITKIN, VROON, JACKSON, DISTLER, SAURMAN, TRELLO, CAWLEY,
FREIND, LASHINGER, LEH, CARLSON, MICOZZIE, OLASZ, SEMMEL,
PHILLIPS, FLICK, J. L. WRIGHT, GEIST, BARLEY, CLYMER,
JOHNSON, RAYMOND, CESSAR, NAHILL, DEMPSEY, HERSHEY, COWELL,
MICHLOVIC, GODSHALL, BUNT, SERAFINI, HERMAN, MELIO,
E. Z. TAYLOR, CIVERA, BUSH, HAGARTY, B. SMITH, RICHARDSON,
REBER AND RITTER, APRIL 17, 1989
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 17, 1989
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 eligibility for compensation.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 4 of the act of December 5, 1936 (2nd
20 Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
1 Compensation Law, is amended by adding a subsection to read:
2 Section 4. Definitions.--The following words and phrases, as
3 used in this act, shall have the following meanings, unless the
4 context clearly requires otherwise.
5 * * *
6 (a.1) "Basic literacy skills" means the ability to read at
7 an eighth-grade level.
8 * * *
9 Section 2. Section 401(d) of the act, amended July 10, 1980
10 (P.L.521, No.108), is amended to read:
11 Section 401. Qualifications Required to Secure
12 Compensation.--Compensation shall be payable to any employe who
13 is or becomes unemployed, and who--
14 * * *
15 (d) (1) Is able to work and available for suitable work:
16 Provided, That no otherwise eligible claimant shall be denied
17 benefits for any week because he is in training with the
18 approval of the secretary nor shall such individual be denied
19 benefits with respect to any week in which he is in training
20 with the approval of the secretary by reason of the application
21 of the provisions of this subsection relating to availability
22 for work or the provisions of section 402(a) of this act
23 relating to failure to apply for or a refusal to accept suitable
24 work: Provided, further, That no otherwise eligible claimant
25 shall be denied benefits for any week because he is voluntarily
26 enrolled in a basic literacy program registered with the
27 Department of Education nor shall such individual be denied
28 benefits with respect to any week in which he is voluntarily
29 enrolled in a basic literacy program registered with the
30 Department of Education by reason of the application of the
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1 provisions of this subsection relating to availability for work
2 or the provisions of section 402(a) of this act relating to
3 failure to apply for or a refusal to accept suitable work unless
4 such individual has failed to report to the basic literacy
5 program in which he is enrolled.
6 (2) No otherwise eligible claimant shall be denied benefits
7 for any week in which his unemployment is due to exercising the
8 option of accepting a layoff, from an available position,
9 pursuant to a labor-management contract, or pursuant to an
10 established employer plan, program or policy.
11 * * *
12 Section 3. The Department of Education shall provide the
13 Bureau of Employment Security with testing procedures and
14 materials and registration procedures to implement this act. In
15 developing registration procedures, the department shall make
16 every effort to include the widest array of local education
17 providers. Eligible providers shall include, but not be limited
18 to:
19 (1) School districts.
20 (2) Intermediate units.
21 (3) Area vocational-technical schools.
22 (4) Community colleges.
23 (5) Literacy councils.
24 (6) Libraries.
25 (7) Community-based private, nonprofit organizations
26 which are representative of communities or significant parts
27 of communities that provide basic education programs.
28 (8) Educational entities registered with the department
29 for providing an effective educational curriculum.
30 Section 4. This act shall take effect in 90 days.
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