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                                                       PRINTER'S NO. 423

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 409 Session of 1999


        INTRODUCED BY GREENLEAF, THOMPSON, BOSCOLA, EARLL, HART, SLOCUM,
           TILGHMAN, WAUGH AND WHITE, FEBRUARY 22, 1999

        REFERRED TO LABOR AND INDUSTRY, FEBRUARY 22, 1999

                                     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     the definition of "employment."

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  Section 4(l)(1) 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 6, 1977 (P.L.41, No.22), is
    22  amended to read:
    23     Section 4.  Definitions.--The following words and phrases, as
    24  used in this act, shall have the following meanings, unless the


     1  context clearly requires otherwise.
     2     * * *
     3     (l)  (1)  "Employment" means all personal service performed
     4  for remuneration by an individual under any contract of hire,
     5  express or implied, written or oral, including service in
     6  interstate commerce[, and service as an officer of a
     7  corporation].
     8     * * *
     9     Section 2.  Section 402.4 of the act is repealed.
    10     Section 3.  The amendment of section 4 shall apply to an
    11  officer of a corporation deemed to be a self-employed person
    12  because the officer exercises a substantial degree of control
    13  over the corporation. If the officer has made contributions to
    14  the fund prior to the effective date of this act, other than
    15  contributions made for employees, the provisions of section
    16  402.4 continue to apply to the officer.
    17     Section 4.  This act shall take effect immediately.









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