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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ADOLPH, KILLION, BOYD, CLYMER, D. COSTA, DUNBAR, EVERETT, GINGRICH, GODSHALL, HARPER, HESS, LONGIETTI, PEIFER, PICKETT, QUINN, ROSS, SCAVELLO, TALLMAN AND TRUITT, JANUARY 24, 2012 |
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| REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 24, 2012 |
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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," in compensation, |
16 | further providing for eligibility of officers of corporation |
17 | deemed to be self-employed persons. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Section 402.4(a) of the act of December 5, 1936 |
21 | (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment |
22 | Compensation Law, added July 21, 1983 (P.L.68, No.30), is |
23 | amended to read: |
24 | Section 402.4. Eligibility of Officers of a Corporation |
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1 | Deemed to be Self-Employed Persons.--(a) Notwithstanding any |
2 | other provision of this act, an officer of a corporation who is |
3 | deemed to be a self-employed person because he exercised a |
4 | substantial degree of control over the corporation and who |
5 | becomes unemployed [due to the fact that the corporation enters |
6 | into involuntary bankruptcy proceedings under the provisions of |
7 | Chapter 7, Title 11 of the United States Code] shall be entitled |
8 | to receive unemployment compensation under this act[: Provided, |
9 | That the wages paid to the officer of a corporation deemed to be |
10 | a self-employed person were mandatorily subject to this act] |
11 | unless the unemployment is the result of the sale or divestment |
12 | of ownership or voluntary termination of the business. |
13 | * * * |
14 | Section 2. This act shall take effect in 60 days. |
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