reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter B - MULTISTATE AGREEMENTS › MISCELLANEOUS › Section 63.74 - Reports and notices by the electing unit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The electing unit shall promptly notify
						each individual affected by its approved election on Form RC-2 supplied by the
						elected jurisdiction, and shall furnish the elected agency a copy of such
						notice.
(b) Whenever an individual
						covered by an election under the provisions of this subchapter is separated
						from his employment, the electing unit shall again notify him forthwith as to
						the jurisdiction under whose unemployment compensation law his services have
						been covered. If at the time of termination the individual is not located in
						the elected jurisdiction, the electing unit shall notify him as to the
						procedure for filing interstate benefit claims.
(c) The electing unit shall immediately
						report to the elected jurisdiction any change which occurs in the conditions of
						employment pertinent to its election, such as cases where the services of an
						individual for the employer ceases to be customarily performed in more than one
						participating jurisdiction or where a change in the work assigned to an
						individual requires him to perform services in a new participating
						jurisdiction.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter B - MULTISTATE AGREEMENTS › TRANSFER OF CONTRIBUTIONS BETWEEN STATES › Section 63.81 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
						  63.82-63.85 shall supplement section 312
						  of the Law (43 P. S. §
													792) wherein
						  the Bureau is authorized to enter into a reciprocal agreement with another
						  State unemployment compensation agency for the transfer of contributions
						  erroneously paid to one of the agreeing states.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter B - MULTISTATE AGREEMENTS › TRANSFER OF CONTRIBUTIONS BETWEEN STATES › Section 63.82 - Prerequisites to transfer

Current through Register Vol. 54, No. 28, July 13, 2024
The refunding state shall transfer to the covering
						  state the amount of contributions to be transferred as provided in §
												63.83 (relating to the amount of
						  contributions transferred) if all the following apply:
(1) A request for the transfer of the
						contributions has been made by the covering state or by the employer with the
						approval of the covering state.
(2)
						The refunding state has determined that the remuneration with respect to which
						the contribution was paid was not wages for employment as defined by the law of
						the refunding state.
(3) The
						refunding state has received from the employer a release of claim with respect
						to all contributions thus transferred.
This section cited in 34 Pa. Code § 63.81
							 (relating to scope).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter B - MULTISTATE AGREEMENTS › TRANSFER OF CONTRIBUTIONS BETWEEN STATES › Section 63.83 - Amount of contributions transferred

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Amount of contributions in
						general.
The amount of contributions shall be as follows:
(1) The amount of contributions to be
						tranferred under the provisions of this subchapter shall be the amount of
						contributions erroneously paid by the employer to the refunding
						state.
(2) The amount shall not be
						more than the amount of contributions payable by the employer to the covering
						state with respect to the wages on which such contributions are
						based.
(3) The amounts shall be
						further adjusted as provided under subsection (b).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter B - MULTISTATE AGREEMENTS › TRANSFER OF CONTRIBUTIONS BETWEEN STATES › Section 63.84 - Transfer of wage records

Current through Register Vol. 54, No. 28, July 13, 2024
The refunding state will forward to the covering state
						  all related wage records in its possession that may be required by the covering
						  state for the purpose of making benefit determinations.
This section cited in 34 Pa. Code § 63.81
							 (relating to scope).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter B - MULTISTATE AGREEMENTS › TRANSFER OF CONTRIBUTIONS BETWEEN STATES › Section 63.85 - Interest on delinquent contributions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Contributions transferred under the
						provisions of this subchapter and agreements made pursuant thereto will be
						deemed to have been paid to the covering state on the date such contributions
						were actually paid to the refunding state.
(b) Amounts paid as interest or as penalties
						for late payment of contributions to refunding states will be transferred to
						the covering state if a request for the transfer of interest or penalties has
						been made by the covering state or by an employer with the approval of the
						covering state and if the refunding state has received a release of claim to
						all interest and penalties thus transferred from the employer.
(c) Transfers will only be made to the extent
						that interest or penalties may be payable under the law and regulations of the
						covering state covering the period commencing with the date the contributions
						were originally required to be paid to the covering state and ending with the
						date on which they were actually paid to the covering state.
This section cited in 34 Pa. Code § 63.81
							 (relating to scope).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter C - NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS › Section 63.91 - Elections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Duration
. A nonprofit organization electing to make payments
					 in lieu of contributions shall make its election effective for a period of 2, 3
					 or 4 calendar years. This subsection does not prevent a nonprofit organization
					 from filing one or more successive elections.
(b)
Transitional provision
.
					 An election that is effective prior to June 18, 2011 terminates on the later of
					 the following dates, unless sooner terminated in accordance with the law:
(1) December 31 of the third calendar year
					 following the calendar year in which the election became effective.
(2) December 31 of the calendar year in which
					 this regulation takes effect, if this regulation takes effect from January 1
					 through June 30, or December 31 of the calendar year immediately following the
					 calendar year in which this regulation takes effect, if this regulation takes
					 effect from July 1 through December 31.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter C - NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS › Section 63.92 - Time for compliance

Current through Register Vol. 54, No. 28, July 13, 2024
Nonprofit organizations electing to make payments in lieu
						of contributions shall comply with this subchapter within 30 days from the
						effective date of the election.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter C - NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS › Section 63.93 - Filing of surety bond

Current through Register Vol. 54, No. 28, July 13, 2024
Nonprofit organizations subject to this subchapter
						electing to file a surety bond shall file with the Department a surety bond
						issued by an insurance company with a certificate of authority to provide such
						coverage in the Commonwealth. The term of the security bond shall coincide with
						the period for which the employer elects to make payments in lieu of
						contributions. The surety bond must secure reimbursement of benefit payments
						that are based on wages paid during the period of the election, including
						benefit payments made after the period of the election, together with interest
						and penalties.
This section cited in 34 Pa. Code §
													63.94 (relating to filing of
						  security deposit).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter C - NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS › Section 63.94 - Filing of security deposit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 lieu of a surety bond, as prescribed in §
											63.93 (relating to filing of
					 surety bond), nonprofit organizations subject to this subchapter may deposit
					 money, in a form acceptable to the Department or securities of a kind
					 acceptable to the Department.
(b)
					 If a nonprofit organization deposits money or securities in connection with an
					 election to make payments in lieu of contributions, it shall file a surety bond
					 or deposit new collateral in connection with any subsequent election.
(c) Money or securities deposited with the
					 Department in connection with an election to make payments in lieu of
					 contributions secures reimbursement of both of the following, together with
					 interest and penalties:
(1) Benefit payments
					 that are based on wages paid during the period of the election, including
					 benefit payments made after the period of the election.
(2) If the money or securities constitute new
					 collateral in accordance with subsection (b), benefit payments that are based
					 on wages paid during the period of the previous election, including benefit
					 payments made after the period of the previous election.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter C - NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS › Section 63.95 - Money or securities received

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Money received.
The Department will deposit all money received
					 with the State Treasurer, Commonwealth of Pennsylvania. Any interest paid by
					 the State Treasurer on money received from an employer shall accrue to the
					 employer, subject to §
											63.97 (relating to return or sale
					 of money or securities).
(b)
Securities received.
Securities received will be deposited
					 with the State Treasurer of the Commonwealth. The securities shall be assigned
					 to the Department and be negotiable by the Department at any time. Interest or
					 dividends accruing thereon shall be the property of the owner of the
					 securities, subject to § 63.97.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter C - NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS › Section 63.96a - Conversion to contributory status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 If an employer that elects to make payments in lieu of contributions fails to
					 provide a surety bond, money or securities in accordance with section 1106(d)
					 of the law (43 P. S. §
												906(d)) and this subchapter,
					 the employer's election is void.
(b) If an employer that elects to make
					 payments in lieu of contributions provides a surety bond that ceases to be
					 effective during the period of the election, and the employer does not provide
					 a replacement bond for the remainder of the period of the election within 30
					 days after the Department requests the replacement bond, the Department will
					 terminate the election. The Department will specify the effective date of the
					 termination, which may be retroactive to the first day of the calendar quarter
					 in which the bond ceases to be effective. A termination of an election under
					 this subsection is not governed under section 1107(b) of the law (43 P. S. §
												907(b)).
(c) If an employer who elects to make
					 payments in lieu of contributions subsequently becomes a contributory employer,
					 and the employer owes reimbursement for benefit payments, or interest or
					 penalties, the unpaid reimbursement, interest or penalties constitute unpaid
					 contributions, interest or penalties for purposes of section 301(a)(2) of the
					 law (43 P. S. §
												781(a)(2)). The date when
					 benefits are paid is used to determine if the unpaid reimbursement, interest or
					 penalties correspond to the period through the second calendar quarter of the
					 preceding calendar year.
(d) If an
					 employer who elects to make payments in lieu of contributions subsequently
					 becomes a contributory employer, the employer remains liable to reimburse the
					 Department for benefit payments made after the period of the election that are
					 based on wages paid during the period of the election, in addition to the
					 employer's liability for contributions on wages paid after the period of the
					 election.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter C - NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS › Section 63.97 - Return or sale of money or securities

Current through Register Vol. 54, No. 28, July 13, 2024
Any deposit of money or securities received will be held
						until the organization's liability for payments is terminated. Upon termination
						of liability the deposit will be returned, minus any amount, including interest
						and penalty, due the Department. The Department is authorized to sell
						securities deposited to satisfy any amount due, in which event any interest and
						increase in value accruing on the securities will be applied to the amount due
						to the Department.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter C - NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS › Section 63.98 - Refunds and adjustments

Current through Register Vol. 54, No. 28, July 13, 2024
Reimbursement payments in lieu of contributions collected
						from an employer for the amount of benefits charged to his account may not be
						deemed to be erroneously collected and subject to refund or credit of any
						amount paid until the amount is recovered from the claimant.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter C - NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS › Section 63.99 - Assignment of rate of contribution

Current through Register Vol. 54, No. 28, July 13, 2024
If an employer who elects to make payments in lieu of
						contributions subsequently becomes a contributory employer, the employer's rate
						of contribution shall be determined in accordance with the following:
(1) Wages paid by the employer during the
					 period of the election, employee contributions paid on those wages, and benefit
					 payments based on those wages are not taken into account for purposes of
					 experience rating.
(2) If the
					 employer was a contributory employer before the period of the election and the
					 employer's reserve account has not been terminated under section 302(d) of the
					 law (43 P.S. §
												782(d)), the employer is
					 assigned a rate of contribution in accordance with section 301(a)(1) or 301.1
					 of the law (43 P.S. §
												781(a)(1) and §
											781.1) ), whichever is
					 applicable.
(3) If the employer was
					 a contributory employer before the period of the election and the employer's
					 reserve account has been terminated under section 302(d) of the law, or the
					 employer was not a contributory employer before the period of the election, the
					 employer is assigned a rate of contribution in accordance with section
					 301(a)(3) or (4) of the law, whichever is applicable, until the employer is no
					 longer subject to those provisions.
(4) A rate of contribution determined in
					 accordance with paragraph (2) or (3) is subject to any adjustments required
					 under the rate provisions of the law.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter C - NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS › Section 63.100 - Supplements to payments

Current through Register Vol. 54, No. 28, July 13, 2024
This section shall supplement the list of payments made
						into the Unemployment Compensation Fund under section 601 of the Law
						(43
						P.S. §
												841), as follows:
(1) Payments in lieu of contributions
					 collected under the law.
(2) Moneys
					 collected from the Federal Government as reimbursements under section 204 of
					 the Federal-State Extended Compensation Act of 1970 (26 U.S.C.A. §
												3301 et seq.).
This section cited in 34 Pa. Code §
													63.94 (relating to filing of
						  security deposit).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter D - PAYMENT BY ELECTRONIC TRANSFER › Section 63.111 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
ACH-Automated clearing house
-A Federal
						reserve bank, or an organization established by agreement with the National
						Automated Clearinghouse Association, which operates as a clearing house for
						transmitting or receiving entries between financial institutions and financial
						institution accounts, and which authorizes an electronic transfer of funds
						between the financial institutions or financial institution accounts.
ACH credit
-A transaction in which the
						payer, through its own financial institution, originates an ACH transaction
						crediting the Department's financial institution account and debiting its own
						financial institution account for the amount of the payment to the
						Department.
ACH debit
-A transaction in which the
						Department, through its designated depository financial institution, originates
						an ACH transaction debiting the payer's financial institution account and
						crediting the Department's financial institution account for the amount of the
						payment to the Department.
Card processor
-An entity which provides
						credit card and debit card payment services on behalf of the Department.
Credit card
-A device or instrument which
						entitles the holder to obtain money, goods, services or anything of value on
						credit and is accepted by the card processor.
Debit card
-A device or instrument which
						entitles the holder to obtain and transfer money from an account or accounts
						with a financial institution and is accepted by the card processor.
Electronic transfer
-A transfer of funds
						by ACH credit, ACH debit, credit card or debit card.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter D - PAYMENT BY ELECTRONIC TRANSFER › Section 63.112 - Electronic transfer requirement, waiver and penalty

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An employer shall make payment for a
					 calendar quarter by electronic transfer if the employer's liability for
					 contributions, interest and penalty for that calendar quarter equals or exceeds
					 $5,000 and continue to pay by electronic transfer thereafter regardless of
					 whether the liability threshold is reached or exceeded for any subsequent
					 quarter.
(b) An employer that has
					 elected to make payments in lieu of contributions shall make payment for a
					 billing period by electronic transfer if the employer's liability for
					 reimbursement, interest and penalties for that billing period equals or exceeds
					 $5,000 and continue to pay by electronic transfer thereafter regardless of
					 whether the liability threshold is reached or exceeded for any subsequent
					 billing period.
(c) Upon a showing
					 of good cause, the Department may exempt an employer from the electronic
					 transfer payment requirements of this subchapter.
(d) If an employer subject to the electronic
					 transfer payment requirements of this subchapter makes payment other than as
					 required, the Department will charge a penalty of 10% of the payment, up to a
					 maximum of $500 with a minimum of $25 per occurrence. The sums will be
					 collectible in the manner provided in sections 308.1, 308.2, 308.3 and 309 of
					 the law.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter D - PAYMENT BY ELECTRONIC TRANSFER › Section 63.113 - Voluntary participation

Current through Register Vol. 54, No. 28, July 13, 2024
An employer that is not required to make payments by
						electronic transfer, and an individual liable for an overpayment of
						unemployment compensation benefits, may make payments by electronic transfer in
						accordance with this subchapter.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter D - PAYMENT BY ELECTRONIC TRANSFER › Section 63.114 - Date of payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A payment by
					 ACH debit is made on the earliest date when the following apply:
(1) The Department may exercise the payer's
					 authorization to debit its financial institution account.
(2) The information necessary to process the
					 payment has been received by the Department in the manner prescribed by the
					 Department.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 63 - RESPONSIBILITIES OF EMPLOYERS › Subchapter D - PAYMENT BY ELECTRONIC TRANSFER › Section 63.115 - Miscellaneous provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Information necessary to effectuate a payment by ACH debit includes the name of
					 the financial institution, the financial institution's routing number and the
					 account number of the account to be debited. Information necessary to
					 effectuate a payment by credit card or debit card shall be determined by the
					 card processor.
(b) If a payment is
					 made by electronic transfer and subsequently the transfer of funds to the
					 Department is rescinded, the liability to which the payment was applied will be
					 reinstated as if the payment was not made.
(c) The Department will provide one or more
					 methods for payers to verify that payments by electronic transfer have been
					 received by the Department.
(d) The
					 Department may provide refunds by ACH credit.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter B - PREREQUISITES FOR ELIGIBILITY › ACTIVE SEARCH FOR WORK › Section 65.11 - Active search for work

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definitions.
For purposes of this section and section 401(b)
						of the law (43 P. S. §
													801(b)), the following words
						and phrases have the following meanings, unless the context clearly indicates
						otherwise:
Employment service
-The state
						  employment service established under 20 CFR Part 652 (relating to establishment
						  and functioning of state employment services).
Pennsylvania CareerLink®
						  system
-The system of offices, personnel and resources, including the
						  Commonwealth Workforce Development System or successor electronic resources,
						  through which the Department provides services under the Wagner-Peyser Act
						  (29 U.S.C.A. §§
														49-49l-2) and the Workforce
						  Investment Act of 1998 (29
						  U.S.C.A. §§
														2801-2945) or
						  similar or successor statutes.
Register for employment search
						  services
-Provide information regarding education, work history and
						  qualifications and other information required by the Department that is
						  relevant to receipt of employment search services.
Similar positions
-Positions that offer
						  employment and wages similar to those the claimant had prior to his
						  unemployment and which are within a 45-minute commuting distance.
(b)
Initial procedures.
When a claimant files an application for benefits in accordance with
						§
												65.41 (relating to filing
						methods), the Department will:
(1) Provide
						instructions to the claimant regarding the process to register for employment
						search services and post a resume in the Pennsylvania CareerLink®
						system.
(2) Advise the claimant of
						services provided by the Department and the Pennsylvania CareerLink®
						system.
(3) Provide a copy of the
						recommended work search record form to the claimant and advise the claimant
						that the form is available on the Department's web site.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter B - PREREQUISITES FOR ELIGIBILITY › ACTIVE SEARCH FOR WORK › Section 65.14 - Additional information

Current through Register Vol. 54, No. 28, July 13, 2024
A claimant shall provide all information required by
						  the Department to facilitate reemployment, including the claimant's work
						  history, education and receipt of employment services.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter B - PREREQUISITES FOR ELIGIBILITY › OFFERS OF SUITABLE WORK › Section 65.22 - Applicable rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) With respect
						to offers of suitable work made by an employer, the following rules apply:
(1) A work offer may be considered as
						suitable irrespective of whether the work is in employment as defined in
						sections 4 and 402(a) of the law (43 P. S. §§
														753 and
						802(a)).
(2) The employer shall give notice of the
						offer to the UC Office at which the employee has filed or may file an
						application for benefits.
(3) The
						offer to the employee may be in writing in which case a carbon copy or an exact
						duplicate shall be furnished to the UC Office within 7 working days after the
						mailing of the offer. If the employer's offer is not made in writing, as, for
						example, where it is made by telephone, the employer shall provide the UC
						Office with a detailed written description of the offer within 7 working days
						after the making thereof. Regardless of the manner in which the offer is
						communicated to the employer, shall include in the offer all of the following:
(i) The rate of pay and unit of work or
						period of time which the rate represents.
(ii) The scheduled working hours during each
						day of the week.
(iii) The location
						of the work.
(iv) A description of
						the duties or a generally recognized term covering the duties.
(v) Any unusual requirement or condition of
						work.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter C - APPLICATION PROCEDURE › APPLICATION FOR BENEFITS AND CLAIMS FOR COMPENSATION › Section 65.41 - Filing methods

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						application for benefits shall be filed by one of the following methods:
(1) Telephoning a UC Office and providing the
						information required by the Department representative.
(2) Completing the Department's Internet
						application and electronically transmitting it to the Department.
(3) Completing the Department's application
						form and sending the form to a UC Office by United States Mail or transmitting
						the form to a UC Office by facsimile machine.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter C - APPLICATION PROCEDURE › APPLICATION FOR BENEFITS AND CLAIMS FOR COMPENSATION › Section 65.42 - Application for benefits-effective date

Current through Register Vol. 54, No. 28, July 13, 2024
An application for benefits is effective on the first
						  day of the calendar week in which the application is filed or deemed filed in
						  accordance with §
												65.43a (relating to extended
						  filing), whichever is earlier.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter C - APPLICATION PROCEDURE › APPLICATION FOR BENEFITS AND CLAIMS FOR COMPENSATION › Section 65.43 - Claims for compensation - when to file

Current through Register Vol. 54, No. 28, July 13, 2024
A claimant shall file a claim for compensation for a
						  week no later than the last day of the second week after the end of the week
						  claimed.
The provisions of this §
														65.43 amended under section 201(a)
							 of the Unemployment Compensation Law (43 P.S. §
															761(a)).
This section cited in 34 Pa. Code §
														65.43a (relating to extended
							 filing).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter C - APPLICATION PROCEDURE › APPLICATION FOR BENEFITS AND CLAIMS FOR COMPENSATION › Section 65.56 - Withdrawing an application for benefits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A claimant may request to withdraw an
						application for benefits and cancel the corresponding benefit year only if the
						following requirements are met:
(1) If
						benefits are paid to the claimant pursuant to the application or benefits
						otherwise payable to the claimant pursuant to the application are used to
						recoup an overpayment of benefits, the claimant's request to withdraw the
						application and cancel the corresponding benefit year is made no later than one
						of the following:
(i) Fifteen days after the
						Department issues the first payment of benefits or first uses benefits
						otherwise payable to recoup an overpayment.
(ii) Forty-five days after the Department
						issues the first payment of benefits or first uses benefits otherwise payable
						to recoup an overpayment, if the claimant is withdrawing the application and
						canceling the corresponding benefit year in order to file an application under
						the unemployment compensation law of another state or the Federal
						government.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter C - APPLICATION PROCEDURE › DECISIONS AND DISQUALIFICATIONS › Section 65.61 - Opportunity for refutations

Current through Register Vol. 54, No. 28, July 13, 2024
The Bureau will not issue a decision invalidating a
						  claim until the claimant has been given an opportunity to refute any alleged
						  facts or circumstances which are being considered as a basis for invalidating
						  his claim.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter C - APPLICATION PROCEDURE › DECISIONS AND DISQUALIFICATIONS › Section 65.62 - Duration of disqualification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						claimant who has been determined ineligible for compensation under section
						402(a) of the law (43 P. S. §
													802(2)) shall remain
						ineligible for compensation until he obtains subsequent employment which is not
						of a temporary or casual nature.
(b) When a claimant has been declared
						ineligible because of a refusal of temporary or casual employment, the
						ineligibility shall continue only for the period of time that work would have
						been furnished.
(c) A claimant who
						has been determined ineligible for compensation under the provisions of section
						3 of the law (43 P. S. §
													752) shall
						remain ineligible until he has earned, subsequent to the separation from work
						which was disqualifying under such section, remuneration for services in an
						amount equal to or in excess of six times his weekly benefit amount.
This section cited in 34 Pa. Code §
														65.56 (relating to withdrawal an
							 application for benefits).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter C - APPLICATION PROCEDURE › DECISIONS AND DISQUALIFICATIONS › Section 65.63 - Filing of appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Appeals filed under the provisions of section 501(e) of
						  the law (43 P. S. §
													821(e)) and further appeals
						  filed under the provisions of section 502 of the law (43 P. S. §
													822) shall be filed in accordance with
						  Chapter 101 (relating to general requirements).
This section cited in 34 Pa. Code §
														63.23 (relating to unacceptable
							 reasons).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter D - PARTIAL UNEMPLOYMENT AND DECEASED OR INCOMPETENT CLAIMANTS › Section 65.71 - Compensation for partial unemployment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 In determining the amount of compensation to which an eligible claimant is
					 entitled for a week of partial unemployment which has caused the claimant a
					 loss of earnings, due either to lack of work or unavailability for work, the
					 Bureau shall estimate the amount of earnings which the claimant would have
					 earned had he been actually employed during that week.
(b) Compensation for the week shall be made
					 in an amount equal to the weekly benefit rate of the claimant, less the sum of
					 the estimated amount of his earnings and his actual earnings for the week, to
					 the extent that the payments are in excess of partial benefit credit of the
					 claimant.
(c) In estimating the
					 amount of earnings which a claimant would have received for the hours during
					 which he was unavailable for work the Bureau shall prorate his actual hourly
					 earnings for the week, unless some other method of estimation would be fairer
					 and more reasonable.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter D - PARTIAL UNEMPLOYMENT AND DECEASED OR INCOMPETENT CLAIMANTS › Section 65.72 - Payments for deceased or incompetent claimants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Payment of unemployment compensation
					 benefits due a deceased claimant may be made without letters of administration
					 on the estate of the decedent, in the following order:
(1) The surviving spouse.
(2) The surviving child or
					 children.
(3) The surviving
					 parents.
(4) The eldest surviving
					 brother or sister.
(5) A person who
					 is not a relative, having an interest in the estate.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter D - PARTIAL UNEMPLOYMENT AND DECEASED OR INCOMPETENT CLAIMANTS › Section 65.73 - Full-time work

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A claimant's
					 full-time work for purposes of section 4(u) of the law (43 P. S. §
												753(u)) shall be determined
					 in accordance with the following:
(1) Except
					 as provided in paragraphs (4) and (5), a claimant's full-time work is
					 determined by reference to the claimant's base year, as follows:
(i) The total number of hours the claimant
					 worked in the base year for all employers is divided by the number of weeks in
					 the base year in which the claimant worked to determine the claimant's
					 full-time work.
(ii) If information
					 for only a portion of the base year is available, the formula in subparagraph
					 (i) is applied to the portion of the base year for which information is
					 available to determine the claimant's full-time work.
(iii) If the claimant's full-time work cannot
					 be determined in accordance with subparagraph (i) or (ii), the Department may
					 determine the claimant's full-time work by another method that calculates the
					 average number of hours per week that the claimant worked during weeks in the
					 claimant's base year in which the claimant worked.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter E - ELIGIBILITY IN CONJUNCTION WITH OTHER PAYMENTS › VACATION PAY › Section 65.91 - Type of pay

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whether a
						payment constitutes vacation pay for purposes of this subchapter shall depend
						on the purpose for which it is in fact paid or payable rather than the label
						which may have been given to the payment or to the fund from which it is paid.
						Unemployment compensation may not be used to finance vacations.
(b) When a plant or department-wide period is
						granted for vacation and vacation pay is payable to an individual, he may not
						claim the period is a layoff for him due to lack of work and that his vacation
						pay should be assignable to some other period, so as to obtain unemployment
						compensation for one vacation with vacation pay from the employer for
						another.
(c) The Superior Court
						has, in effect, held that where the employer of the claimant has designated or
						approved a vacation period for him, other than the general vacation shutdown,
						any vacation pay he receives shall first be allocated to the special vacation
						period the employer has designated or approved for him.
(d) Apart from section 404 of the law
						(43
						P. S. §
													804), claimant may not meet the
						employment tests of eligibility for unemployment compensation while he is
						actually taking a vacation from work.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter E - ELIGIBILITY IN CONJUNCTION WITH OTHER PAYMENTS › VACATION PAY › Section 65.92 - Determination of eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
In determining the eligibility of a claimant to whom
						  vacation pay is paid or payable, it shall be considered immaterial whether the
						  vacation pay is paid directly by an employer or through some other person or
						  organization, so long as it originates from employer payments. The principles
						  stated in this section shall also apply whether or not the vacation pay is
						  legally required to be paid. It shall be the responsibility of any employer who
						  provides for vacation pay for his employes to notify the Department in writing
						  of this fact.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter E - ELIGIBILITY IN CONJUNCTION WITH OTHER PAYMENTS › VACATION PAY › Section 65.93 - Reductions in unemployment compensation

Current through Register Vol. 54, No. 28, July 13, 2024
Unemployment compensation otherwise payable to an
						  individual with respect to any week shall be reduced by the amount of vacation
						  pay which is in excess of the claimant's partial benefit credit paid or payable
						  to him with respect to all or any part of a vacation period included within
						  that week. Thus, an employe is not rendered totally ineligible by the receipt
						  of vacation pay, but only to the extent of the amount of vacation pay, which is
						  in excess of his partial benefit credit, that he receives with respect to that
						  period.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter E - ELIGIBILITY IN CONJUNCTION WITH OTHER PAYMENTS › VACATION PAY › Section 65.94 - Identification of vacation periods

Current through Register Vol. 54, No. 28, July 13, 2024
For the purposes of this subchapter, the term "vacation
						  period" means the following:
(1) A
						period designated or approved by the claimant's employer as his
						vacation.
(2) The period of any
						plant-wide or departmental closing for vacation except to the extent that the
						employer of the claimant has granted him a separate vacation period in
						substitution, in whole or in part, for the general shutdown.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter E - ELIGIBILITY IN CONJUNCTION WITH OTHER PAYMENTS › VACATION PAY › Section 65.95 - Time of payment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Vacation pay
						shall be deemed to have been paid with respect to the vacation period
						irrespective of the time it is actually received by the claimant if it is for
						the calendar year in which the vacation period occurs.
(b) If, at the time of the vacation period,
						the claimant, due to insufficient service, has not yet established entitlement
						to vacation pay but will later accumulate the necessary amount of service, and
						if the claimant or his bargaining agent has not agreed to the particular time
						of the vacation period, the vacation pay may not be allocated to the vacation
						period.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter E - ELIGIBILITY IN CONJUNCTION WITH OTHER PAYMENTS › VACATION PAY › Section 65.96 - Calculation of vacation period

Current through Register Vol. 54, No. 28, July 13, 2024
The Department shall determine the number of days or
						  weeks of the vacation period to which the vacation pay shall be applied by
						  dividing the total amount of vacation pay by the regular full-time daily or
						  weekly wage of the claimant. When the allocation of the payment is made on the
						  basis of the number of days, the payment shall be apportioned to the customary
						  working days in the calendar week.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part II - Bureau of Employment Security › Subpart A - Unemployment Compensation › Chapter 65 - EMPLOYEE PROVISIONS › Subchapter E - ELIGIBILITY IN CONJUNCTION WITH OTHER PAYMENTS › RETIREMENT PENSIONS AND ANNUITIES › Section 65.101 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In accordance
						with section 404(d)(2) of the law (43 P. S. §
													804(d)(2)), section 402(c)
						of the Internal Revenue Code of 1986 (26 U.S.C.A. §
													402(c)) and section
						3304(a)(15) of the Federal Unemployment Tax Act (FUTA) (26 U.S.C.A. §
													3304(a)(15)), the Department
						has promulgated regulations governing the deduction of certain pension payments
						from unemployment compensation benefits (UC benefits).
(b) The Department has balanced the interests
						of employes and employers of this Commonwealth, consistent with the law. The
						Department seeks to maximize the Commonwealth's share of competitive employment
						in a global economy, thereby serving the needs of all Pennsylvanians by
						reducing the number of unemployed individuals and ensuring that UC benefits are
						available to those who need and are entitled to them.
(c) For any week with respect to which a
						claimant is receiving certain pension payments, the Department will deduct from
						the weekly compensation otherwise payable to the claimant the prorated weekly
						amount of those pension payments which fulfill the prerequisites for
						deductibility specified in this chapter.