Pennsylvania Unemployment Compensation Law

1 A-1936-1 REV 12-17 This booklet is intended for general informationand is NOT an OFFICIAL copy of the PennsylvaniaUnemployment Compensation Law2017 EditioniPENNSYLVANIA Unemployment Compensation LAW Unemployment Compensation LAW (1937 )Act of Dec. 5, 1936, Special Session 2, 2897, No. 1 Session No. 2 of 1936No. 1936-1 AN ACTE stablishing a system of Unemployment Compensation to be administered by the Department of Labor and Industry and its existing and newly created agencies with personnel (with certain exceptions) selected on a civil service basis; requiring employers to keep records and make reports, and certain employers to pay contributions based on payrolls to provide moneys for the payment of Compensation to certain unemployed persons; providing procedure and administrative details for the determination, payment and collection of such contributions and the payment of such Compensation ; providing for cooperation with the Federal Government and its agencies; creating certain special funds in the custody of the State Treasurer; and prescribing penalties.

2 TABLE OF CONTENTSUC LawSectionPurdon s Citation43 PS IPRELIMINARY PROVISIONSS ection Clause---1 Section Title7511 Section of Public Policy7521 Section Construction75428 ARTICLE IIADMINISTRATION OF ACTS ection Powers and Duties of Department76128 Section and Employment Offices76229 Section Compensation Service Compensation Board of Review76330iiPENNSYLVANIA Unemployment Compensation LAWUC LawSectionPurdon s Citation43 PS Council (Repealed)76432 Section Unemployment Compensation Advisory of Employment; Partial and Seasonal Unemployments76536 Section of and Reports by Employers76637 Section with Social Security Board and Other Agencies76738 Section Service; Selection of Personnel; Additional Duties of Secretary and Board (Repealed)76839 Section Service Appointment of Personnel (Repealed) Files, Records, etc76939 Section Arrangements with Foreign Governments77040 Section Analysis (Repealed)77140 Section to Employment Offices77240 Section from Charges for Certain Employers77340 Section in Proceedings77442 ARTICLE IIICONTRIBUTIONS BY EMPLOYERS AND EMPLOYESS ection by Employers and Employees; Successors-In-Interest; Appeals78142 Section and Contribution Rate; Experience Contributions (Repealed) by Unemployment Compensation LAWUC LawSectionPurdon s Citation43 PS Contribution for Interest and Debt Rate and Infrastructure Improvement and Maintenance of Employer s Reserve Accounts78280 Section from 303.

3 (Repealed)78387 Section by Employers; Assessments78487 Section of Contributions; Jeopardy Assessments78589 Section of a Cent78690 Section Commerce78790 Section on Past Due Contributions78890 Section to be Liens; Entry and Enforcement of Property at Judicial Sale; of Assets; Liability of of Contributions and Interest; Injunctions78994 Section Upon Enforcement of Payment of Contributions, Interest and under Legal Dissolutions and Distributions79096 Section and Adjustments79196 Section Agreements79297 Section Payments793100 Section Reduction (Repealed)794101ivPENNSYLVANIA Unemployment Compensation LAWUC LawSectionPurdon s Citation43 PS and other reports795101 ARTICLE IVCOMPENSATIONS ection Required to Secure Compensation801102 Section for Compensation802106 Section Based on Service for Educational Based on Service by Professional of of Officers of a Corporation Deemed to be Self-Employed of Seasonal Workers in fruit and vegetable food of Incarcerated of Compensation Due Decreased Claimants803114 Section and Amount of Compensation804115 Section of Benefits.

4 Benefit of Employers805143 Section of Commonwealth806143 Section to Members of the Armed Forces (Repealed)807143 Section on the Validity of Claims808143 ARTICLE IV-AEXTENDED BENEFITS PROGRAMS ection of State Law Provisions Relating to Regular Benefits on Claims for, and the Payment of, Extended Benefits812149 Pennsylvania Unemployment Compensation LAWvUC LawSectionPurdon s Citation43 PS Requirements for Extended Benefits and Shareable Regular Benefits813150 Section Extended Benefit Amount814153 Section Extended Benefit Amount815153 Section and Termination of Extended Benefit Period816154 Section Charges817155 Section of Federal Law818155 ARTICLE VDETERMINATION OF Compensation ;APPEALS; REVIEWS; PROCEDURES ection of Compensation Appeals821156 Section of Referee; Further Appeals and Reviews822158 Section to Participate in Hearings823158 Section of Board Over Claims824159 Section and Procedure825159 Section of to Administer Oaths; Subpoenas826163 Section where Summons or Subpoenas Disobeyed827163 Section Against Self-Incrimination828161 Section of Decisions829161 Section to Superior Court (Repealed)830162 Section to Commonwealth Court (Repealed) and Bond Not Necessary.

5 No Supersedes to Be Granted (Repealed)831162 Section Order of Board832162 Pennsylvania Unemployment Compensation LAWviUC LawSectionPurdon s Citation43 PS VIUNEMPLOYMENT Compensation FUNDAND ADMINISTRATION FUNDS ection Compensation Fund841162 Section Administration Service Compensation Trigger Reserve Training Fund842170 Section of Received from Social Security Act or Wagner-Peyser Credited under Section 903 of the Federal Social Security Act (42 1103) of Treasurer as Custodian843173 Section Provisions Not Applicable844173 Section of Funds upon Discontinuance of Unemployment Trust Fund845173 Section of Funds to Railroad Unemployment Insurance Account (Repealed)846174 Section Advanced Under Title XII of the Social Security Act (Repealed)847174 Section or Supplemental Benefits under Federal Law848174 Section with Federal Standards849174 Pennsylvania Unemployment Compensation LAWviiUC LawSectionPurdon s Citation43 PS VIIPROTECTION OF RIGHTS AND COMPENSATIONS ection Agreements Void; Penalty861175 Section of Fees862175 Section Assignment of Compensation ; Exemptions863175 Section Support Intercept of Unemployment Federal Income Tax from Back Wage Awards864178 Section and/or set off Unemployment Compensation Benefits865178 ARTICLE VIIIPENALTY PROVISIONSS ection Statements and Representations to Obtain or Increase Compensation .

6 Other Offenses871179 Section Statements and Representations to Prevent or Reduce Compensation872180 Section of Act and Rules and Regulations873184 Section and Recoupment of Compensation874185 Section Spot Checks875187 ARTICLE IXSAVING CLAUSE; REPEALS; EFFECTIVE DATES ection Clause881187 Section Date---187viiiPENNSYLVANIA Unemployment Compensation LAWUC LawSectionPurdon s Citation43 PS XBENEFITS TO EMPLOYES OF THE COMMONWEALTHS ection Employes891188 Section Excluded from Employment 892188 Section XIEMPLOYES OF NONPROFIT ORGANIZATIONSS ection Organization Defined901190 Section by Nonprofit Organizations902190 Section for Contributions903190 Section of Reimbursement904191 Section of Election905191 Section Payments906192 Section of Elections907193 Section of Benefit Costs908193 Section Accounts909194 Section Offset of Benefits910195 ARTICLE XIIEMPLOYES OF POLITICAL SUBDIVISIONSS ection Subdivision Employes911195 Section for of of of.

7 Group Accounts913199 Section Offset of Benefits914199ixPENNSYLVANIA Unemployment Compensation LAWUC LawSectionPurdon s Citation43 PS XIIISHARED-WORK PROGRAMS ection to approve shared-work plan or disapproval of shared-work period of shared-work for employer of an approved shared-work of an approved shared-work of XIVUNEMPLOYMENT Compensation BONDSS ection for bond of bonds and of of bond of bond-related not to impair bond-related Unemployment Compensation LAWUC LawSectionPurdon s Citation43 PS personal report XVUNEMPLOYMENT Compensation AMNESTY PROGRAMS ection for payment and terms of terms and conditions of of of inconsistent XV-AAMNESTY PROGRAMS ection for payment and terms of terms and conditions of of of inconsistent Unemployment Compensation LAWUC LawSectionPurdon s Citation43 PS Provisions of Amendatory Statutes-------1977, JULY 9, , , DECEMBER 12, , , OCTOBER 22, , , JUNE 17, , , JUNE 12, 577, NO.

8 60---2332013, JULY 2, 195, NO. 34---2352013, OCTOBER 23, 637, NO. 75---2352016, NOVEMBER 3, 1100, NO. 144---2362017, APRIL 24, 1, NO. 1---2372017, DECEMBER 20, 1191, NO. 60---2371 Pennsylvania Unemployment Compensation LAWPENNSYLVANIA Unemployment Compensation LAWARTICLE IPRELIMINARY PROVISIONS Section 1. Enacting it enacted, &c., That, Section 2. Short act shall be known, and may be cited, as the Unemployment Compensation Law. Section 3. Declaration of Public insecurity due to Unemployment is a serious menace to the health, morals, and welfare of the people of the Commonwealth. Involuntary Unemployment and its resulting burden of indigency falls with crushing force upon the unemployed worker, and ultimately upon the Commonwealth and its political subdivisions in the form of poor relief assistance. Security against Unemployment and the spread of indigency can best be provided by the systematic setting aside of financial reserves to be used as Compensation for loss of wages by employes during periods when they become unemployed through no fault of their own.

9 The principle of the accumulation of financial reserves, the sharing of risks, and the payment of Compensation with respect to Unemployment meets the need of protection against the hazards of Unemployment and indigency. The Legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this Commonwealth require the exercise of the police powers of the Commonwealth in the enactment of this act for the compulsory setting aside of Unemployment reserves to be used for the benefit of persons unemployed through no fault of their 4. following words and phrases, as used in this act, shall have the following meanings, unless the context clearly requires otherwise. (a) Base year means the first four of the last five completed calendar quarters immediately preceding the first day of an individual s benefit year.

10 ((a) amended July 10, 1980, , ) (b) Benefit Year with respect to an individual who files or has filed a Valid Application for Benefits means the fifty-two consecutive week period beginning with the day as of which such Valid Application for Benefits is filed, and thereafter the fifty-two consecutive week period beginning with the day as of which such individual next files a Valid Application for Benefits after the termination of his last preceding benefit year. ((b) amended Dec. 5, 1974, , )2 Pennsylvania Unemployment Compensation LAWPENNSYLVANIA Unemployment Compensation LAW (c) Board means the Unemployment Compensation Board of Review established by this act. ((c) amended May 23, 1949, , ) (d) Calendar quarter means the period of three consecutive calendar months ending on March thirty-first, June thirtieth, September thirtieth or December thirty-first, or the equivalent thereof, as determined in accordance with general rules of the department.