Unemployment Compensation Law

Special Session No. 2 of 1936
No. 1936-1

AN ACT
Establishing 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.

TABLE OF CONTENTS

ARTICLE I
PRELIMINARY PROVISIONS
Section 1. Enacting Clause.
Section 2. Short Title.
Section 3. Declaration of Public Policy.
Section 4. Definitions.
Section 5. Constitutional Construction.
ARTICLE II
ADMINISTRATION OF ACT
Section 201. General Powers and Duties of Department.
Section 202. Personnel and Employment Offices.
Section 203. Unemployment Compensation Board of Review.
Section 204. Advisory Council (Repealed).
Section 204.1. State Unemployment Compensation Advisory Council.
Section 205. Stabilization of Employment; Partial and Seasonal Unemployments.
Section 206. Records of and Reports by Employers.
Section 207. Cooperation with Social Security Board and Other Agencies.
Section 208. Civil Service; Selection of Personnel; Additional Duties of Secretary and Board (Repealed).
Section 208.1. Civil Service Appointment of Personnel (Repealed).
Section 209. Obsolete Files, Records, etc.
Section 210. Reciprocal Arrangements with Foreign Governments.
Section 211. Fund Analysis (Repealed).
Section 212. Referral to Employment Offices.
Section 213. Relief from Charges for Certain Employers.
Section 214. Representation in Proceedings.
ARTICLE III
CONTRIBUTIONS BY EMPLOYERS AND EMPLOYES
Section 301. Contributions by Employers and Employees; Successors-In-Interest; Appeals.
Section 301.1. Determination and Contribution Rate; Experience Rating.
Section 301.2. Additional Contributions.
Section 301.3. Additional Contributions. (Repealed)
Section 301.4. Contributions by Employes.
Section 301.5. Surcharge.
Section 301.6. Additional Contribution for Interest.
Section 301.7. Trigger Determinations.
Section 301.8. Trigger Rate Redeterminations.
Section 302. Establishment and Maintenance of Employer's Reserve Accounts.
Section 303. (Repealed).
Section 304. Reports by Employers; Assessments.
Section 305. Payment of Contributions; Jeopardy Assessments.
Section 306. Fraction of a Cent.
Section 307. Interstate Commerce.
Section 308. Interest on Past Due Contributions.
Section 308.1. Contributions to be Liens; Entry and Enforcement Thereof.
Section 308.2. Purchase of Property at Judicial Sale; Disposal.
Section 308.3. Transfer of Assets; Liability of Purchase.
Section 309. Collection of Contributions and Interest; Injunctions.
Section 309.1. Compromises.
Section 309.2. Limitations Upon Enforcement of Payment of Contributions, Interest and Penalties.
Section 310. Priorities under Legal Dissolutions and Distributions.
Section 311. Refunds and Adjustments.
Section 312. Reciprocal Agreements.
Section 313. Dishonored Checks.
Section 314. Shortfall Reduction (Repealed).
Section 315. Registration and Other Reports.
ARTICLE IV
COMPENSATION
Section 401. Qualifications Required to Secure Compensation.
Section 402. Ineligibility for Compensation.
Section 402.1. Benefits Based on Service for Educational Institutions.
Section 402.2. Benefits Based on Service by Professional Athletes.
Section 402.3. Eligibility of Aliens.
Section 402.4. Eligibility of Officers of a Corporation Deemed to be Self-Employed Persons.
Section 402.5. Eligibility of Seasonal Workers in fruit and vegetable food processing.
Section 402.6. Ineligibility of Incarcerated Employe.
Section 403. Payment of Compensation Due Deceased Claimants.
Section 404. Rate and Amount of Compensation.
Section 404.1. Extension of Benefits; Benefit Charges (Repealed).
Section 405. Duties of Employers.
Section 406. Nonliability of Commonwealth.
Section 407. Compensation to Members of the Armed Forces (Repealed).
Section 408. Limitation on the Validity of Claims.
ARTICLE IV-A
EXTENDED BENEFITS PROGRAM
Section 401-A. Definitions.
Section 402-A. Effect of State Law Provisions Relating to Regular Benefits on Claims for, and the Payment of, Extended Benefits.
Section 403-A. Eligibility Requirements for Extended Benefits and Shareable Regular Benefits.
Section 404-A. Weekly Extended Benefit Amount.
Section 405-A. Total Extended Benefit Amount.
Section 406-A. Beginning and Termination of Extended Benefit Period.
Section 407-A. Benefit Charges.
Section 408-A. Incorporation of Federal Law.
ARTICLE V
DETERMINATION OF COMPENSATION; APPEALS; REVIEWS; PROCEDURE
Section 501. Determination of Compensation Appeals.
Section 502. Decision of Referee; Further Appeals and Reviews.
Section 503. Disqualifications to Participate in Hearings.
Section 504. Powers of Board Over Claims.
Section 505. Rules and Procedure.
Section 505.1. Place of Hearing.
Section 506. Power to Administer Oaths; Subpoenas.
Section 507. Procedure where Summons or Subpoenas Disobeyed.
Section 508. Protection Against Self-Incrimination.
Section 509. Finality of Decisions.
Section 510. Appeals to Superior Court (Repealed).
Section 510.1. Appeal to Commonwealth Court (Repealed).
Section 511. Exceptions and Bond Not Necessary; No Supersedes to Be Granted (Repealed).
Section 512. Final Order of Board.
ARTICLE VI
UNEMPLOYMENT COMPENSATION FUND AND ADMINISTRATION FUND
Section 601. Unemployment Compensation Fund.
Section 601.1. Special Administration Fund.
Section 601.2. Interest Fund.
Section 601.3. Unemployment Compensation Trigger Reserve Account.
Section 601.4 Job Training Fund.
Section 602. Administration Fund.
Section 602-A. Audit of Funds.
Section 602.1. Reimbursement of Funds
Section 602.2. Moneys Received from Social Security Act or Wagner-Peyser Act.
Section 602.3. Money Credited under Section 903 of the Federal Social Security Act (42 U.S.C. ยง 1103)
Section 603. State Treasurer as Custodian.
Section 604. Budgetary Provisions Not Applicable.
Section 605. Management of Funds upon Discontinuance of Unemployment Trust Fund.
Section 606. Transfer of Funds to Railroad Unemployment Insurance Account (Repealed).
Section 607. Moneys Advanced Under Title XII of the Social Security Act (Repealed).
Section 608. Extended or Supplemental Benefits under Federal Law.
Section 609. Conformity with Federal Standards.
ARTICLE VII
PROTECTION OF RIGHTS AND COMPENSATION
Section 701. Certain Agreements Void; Penalty.
Section 702. Limitation of Fees.
Section 703. No Assignment of Compensation; Exemptions.
Section 703.1. Child Support Intercept of Unemployment Compensation.
Section 703.2. Voluntary Federal Income Tax Withholding.
Section 704. Deductions from Back Wage Awards.
Section 705. Recoupment and/or setoff Unemployment Compensation Benefits.
ARTICLE VIII
PENALTY PROVISIONS
Section 801. False Statements and Representations to Obtain or Increase Compensation.
Section 802. False Statements and Representations to Prevent or Reduce Compensation; Other Offenses.
Section 802.1. Monetary Penalties
Section 803. Violation of Act and Rules and Regulations.
Section 804. Recovery and Recoupment of Compensation.
Section 805. Periodic Spot Checks.
ARTICLE IX
SAVING CLAUSE; REPEALS; EFFECTIVE DATE
Section 901. Saving Clause.
Section 902. Repeals.
Section 903. Effective Date.
ARTICLE X
BENEFITS TO EMPLOYES OF THE COMMONWEALTH
Section 1001. State Employes.
Section 1002. Services Excluded from "Employment."
Section 1003. Contributions.
ARTICLE XI
EMPLOYES OF NONPROFIT ORGANIZATIONS
Section 1101. Nonprofit Organization Defined.
Section 1102. Employment by Nonprofit Organizations.
Section 1103. Liability for Contributions.
Section 1104. Election of Reimbursement.
Section 1105. Method of Election.
Section 1106. Reimbursement Payments.
Section 1107. Termination of Elections.
Section 1108. Allocation of Benefit Costs.
Section 1109. Group Accounts.
Section 1110. No Offset of Benefits.
ARTICLE XII
EMPLOYES OF POLITICAL SUBDIVISIONS
Section 1201. Political Subdivision Employes.
Section 1202. Contributions. (Deleted)
Section 1202.1. Liability for Contributions.
Section 1202.2. Election of Reimbursement.
Section 1202.3. Method of Election.
Section 1202.4. Reimbursement Payments.
Section 1202.5. Termination of Elections.
Section 1203. Allocation; Group Accounts.
Section 1204. No Offset of Benefits.
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