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§ 804. Rate and amount of compensation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: July 24, 2021

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 14. Unemployment Compensation Law (Refs & Annos)
Article IV. Compensation (Refs & Annos)
Effective: July 24, 2021
43 P.S. § 804
§ 804. Rate and amount of compensation
<Section 5(2) of Act 2021, June 30, P.L. 173, No. 30, provides that the amendment of 43 P.S. §§ 801, 804, 821 and 916.7 by that Act shall apply to determinations issued under those sections on or after the publication of notice under § 6 of that Act [see 51 Pa.B. 4033, published July 24, 2021].>
Compensation shall be paid to each eligible employe in accordance with the following provisions of this section except that compensation payable with respect to weeks ending in benefit years which begin prior to the first day of January 1989 shall be paid on the basis of the provisions of this section in effect at the beginning of such benefit years.
(a)(1) The employe's weekly benefit rate shall be computed as (1) the amount appearing in Part B of the Table Specified for the Determination of Rate and Amount of Benefits on the line on which in Part A there appears his “highest quarterly wage,” or (2) fifty per centum (50%) of his full-time weekly wage, whichever is greater. Notwithstanding any other provision of this act, if an employe's weekly benefit rate, as calculated under this paragraph, is less than sixty-eight dollars ($68), he shall be ineligible to receive any amount of compensation. If the employe's weekly benefit rate is not a multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1).
(2) If the base year wages of an employe whose weekly benefit rate has been determined under clause (2) of paragraph (1) of this subsection are insufficient to qualify him under subsection (c) of this section, his weekly benefit rate shall be redetermined under clause (1) of paragraph (1) of this subsection.
(3) If an employe's weekly benefit rate as determined under clause (1) of paragraph (1) of this subsection, or redetermined under paragraph (2) of this subsection, as the case may be, is less than the maximum weekly benefit rate and the employe's base year wages are insufficient to qualify him under subsection (c) of this section but are sufficient to qualify him for any one of the next two lower weekly benefit rates, his weekly benefit rate shall be redetermined at the highest of such next lower rates.
(b) The “highest quarterly wages” of an employe shall be the total wages (computed to the nearest dollar) which were paid to such employe in that calendar quarter in which such total wages were highest during the base year.
(c) If an otherwise eligible employe has base year wages in an amount equal to or in excess of the amount of qualifying wages appearing in Part C of the Table Specified for the Determination of Rate and Amount of Benefits on the line on which in Part B there appears his weekly benefit rate, as determined under subsection (a) of this section, and had eighteen (18) or more credit weeks during his base year, he shall be entitled during his benefit year to the amount appearing in Part B on said line multiplied by the number of credit weeks during his base year, up to a maximum of twenty-six (26). Notwithstanding any other provision of this act, any employe with less than eighteen (18) credit weeks during the employe's base year shall be ineligible to receive any amount of compensation.
(d)(1) Notwithstanding any other provisions of this section each eligible employe who is unemployed with respect to any week ending subsequent to July 1, 1980 shall be paid, with respect to such week, compensation in an amount equal to his weekly benefit rate less the total of (i) the remuneration, if any, paid or payable to him with respect to such week for services performed which is in excess of his partial benefit credit, (ii) vacation pay, if any, which is in excess of his partial benefit credit, except when paid to an employe who is permanently or indefinitely separated from his employment and (iii) the amount of severance pay that is attributed to the week.
(1.1) For purposes of clause (1)(iii), all of the following apply:
(i) “Severance pay” means one or more payments made by an employer to an employe on account of separation from the service of the employer, regardless of whether the employer is legally bound by contract, statute or otherwise to make such payments. The term does not include payments for pension, retirement or accrued leave or payments of supplemental unemployment benefits.
(ii) The amount of severance pay attributed pursuant to subclause (iii) shall be an amount not less than zero (0) determined by subtracting forty per centum (40%) of the average annual wage as calculated under subsection (e) as of June 30 immediately preceding the calendar year in which the claimant's benefit year begins from the total amount of severance pay paid or payable to the claimant by the employer.
(iii) Severance pay is attributed as follows:
(A) Severance pay is attributed to the day, days, week or weeks immediately following the employe's separation.
(B) The number of days or weeks to which severance pay is attributed is determined by dividing the total amount of severance pay by the regular full-time daily or weekly wage of the claimant.
(C) The amount of severance pay attributed to each day or week equals the regular full-time daily or weekly wage of the claimant.
(D) When the attribution of severance pay is made on the basis of the number of days, the pay shall be attributed to the customary working days in the calendar week.
(2)(i) In addition to the deductions provided for in clause (1), for any week with respect to which an individual is receiving a pension, including a governmental or other pension, retirement or retired pay, annuity or any other similar periodic payment, under a plan maintained or contributed to by a base period or chargeable employer, the weekly benefit amount payable to such individual for such week shall be reduced, but not below zero, by the pro-rated weekly amount of the pension as determined under subclause (ii).
(ii) If the pension is entirely contributed to by the employer, then one hundred per centum (100%) of the pro-rated weekly amount of the pension shall be deducted. Except as set forth in clause (4), if the pension is contributed to by the individual, in any amount, then fifty per centum (50%) of the pro-rated weekly amount of the pension shall be deducted.
(iii) No deduction shall be made under this clause by reason of the receipt of a pension if the services performed by the individual during the base period or remuneration received for such services for such employer did not affect the individual's eligibility for, or increase the amount of, such pension, retirement or retired pay, annuity or similar payment.
(3) The provisions of this subsection shall be applicable whether or not such vacation pay, retirement pension or annuities or wages are legally required to be paid. If such retirement pension or annuity payments deductible under the provisions of this subsection are received on other than a weekly basis, the amount thereof shall be allocated and pro-rated in accordance with the rules and regulations of the department. Vacation pay or other remuneration deductible under the provisions of this subsection shall be pro-rated on the basis of the employe's normal full-time weekly wage and as so pro-rated shall be allocated to such period or periods of unemployment as shall be determined by rules and regulations of the department. Such compensation, if not a multiple of one dollar ($1), shall be computed to the next lower multiple of one dollar ($1).
(4) No deductions shall be made under this subsection for pensions paid under the Social Security Act (Public Law 74-271, 42 U.S.C. § 301 et seq.), or the Railroad Retirement Act of 1974 (Public Law 93-445, 88 Stat. 1305),1 if the pension is contributed to by the individual in any amount.
(e)(1) Table Specified for the Determination of
Rate and Amount of Benefits2
Part A
Highest
Quarterly
Wage
Part B
Rate of
Compensation
Part C
Qualifying
Wages
$1,688--$1,712
$68
$2,718
$1,713--$1,737
$69
$2,758
$1,738--$1,762
$70
$2,797
$1,763--$1,787
$71
$2,837
$1,788--$1,812
$72
$2,877
$1,813--$1,837
$73
$2,916
$1,838--$1,862
$74
$2,956
$1,863--$1,887
$75
$2,996
$1,888--$1,912
$76
$3,035
$1,913--$1,937
$77
$3,075
$1,938--$1,962
$78
$3,115
$1,963--$1,987
$79
$3,154
$1,988--$2,012
$80
$3,194
$2,013--$2,037
$81
$3,234
$2,038--$2,062
$82
$3,274
$2,063--$2,087
$83
$3,313
$2,088--$2,112
$84
$3,353
$2,113--$2,137
$85
$3,393
$2,138--$2,162
$86
$3,432
$2,163--$2,187
$87
$3,472
$2,188--$2,212
$88
$3,512
$2,213--$2,237
$89
$3,551
$2,238--$2,262
$90
$3,591
$2,263--$2,287
$91
$3,631
$2,288--$2,312
$92
$3,670
$2,313--$2,337
$93
$3,710
$2,338--$2,362
$94
$3,750
$2,363--$2,387
$95
$3,789
$2,388--$2,412
$96
$3,829
$2,413--$2,437
$97
$3,869
$2,438--$2,462
$98
$3,908
$2,463--$2,487
$98
$3,948
$2,488--$2,512
$99
$3,988
$2,513--$2,537
$100
$4,027
$2,538--$2,562
$101
$4,067
$2,563--$2,587
$102
$4,107
$2,588--$2,612
$103
$4,147
$2,613--$2,637
$104
$4,186
$2,638--$2,662
$105
$4,226
$2,663--$2,687
$106
$4,266
$2,688--$2,712
$107
$4,305
$2,713--$2,737
$108
$4,345
$2,738--$2,762
$109
$4,385
$2,763--$2,787
$110
$4,424
$2,788--$2,812
$111
$4,464
$2,813--$2,837
$112
$4,504
$2,838--$2,862
$113
$4,543
$2,863--$2,887
$114
$4,583
$2,888--$2,912
$115
$4,623
$2,913--$2,937
$116
$4,662
$2,938--$2,962
$117
$4,702
$2,963--$2,987
$118
$4,742
$2,988--$3,012
$119
$4,781
$3,013--$3,037
$120
$4,821
$3,038--$3,062
$121
$4,861
$3,063--$3,087
$122
$4,900
$3,088--$3,112
$123
$4,940
$3,113--$3,137
$124
$4,980
$3,138--$3,162
$125
$5,020
$3,163--$3,187
$126
$5,059
$3,188--$3,212
$127
$5,099
$3,213--$3,237
$128
$5,139
$3,238--$3,262
$129
$5,178
$3,263--$3,287
$130
$5,218
$3,288--$3,312
$131
$5,258
$3,313--$3,337
$132
$5,297
$3,338--$3,362
$133
$5,337
$3,363--$3,387
$134
$5,377
$3,388--$3,412
$135
$5,416
$3,413--$3,437
$136
$5,456
$3,438--$3,462
$137
$5,496
$3,463--$3,487
$138
$5,535
$3,488--$3,512
$139
$5,575
$3,513--$3,537
$140
$5,615
$3,538--$3,562
$141
$5,654
$3,563--$3,587
$142
$5,694
$3,588--$3,612
$143
$5,734
$3,613--$3,637
$144
$5,774
$3,638--$3,662
$145
$5,813
$3,663--$3,687
$146
$5,853
$3,688--$3,712
$147
$5,893
$3,713--$3,737
$147
$5,932
$3,738--$3,762
$148
$5,972
$3,763--$3,787
$149
$6,012
$3,788--$3,812
$150
$6,051
$3,813--$3,837
$151
$6,091
$3,838--$3,862
$152
$6,131
$3,863--$3,887
$153
$6,170
$3,888--$3,912
$154
$6,210
$3,913--$3,937
$155
$6,250
$3,938--$3,962
$156
$6,289
$3,963--$3,987
$157
$6,329
$3,988--$4,012
$158
$6,369
$4,013--$4,037
$159
$6,408
$4,038--$4,062
$160
$6,448
$4,063--$4,087
$161
$6,488
$4,088--$4,112
$162
$6,527
$4,113--$4,137
$163
$6,567
$4,138--$4,162
$164
$6,607
$4,163--$4,187
$165
$6,647
$4,188--$4,212
$166
$6,686
$4,213--$4,237
$167
$6,726
$4,238--$4,262
$168
$6,766
$4,263--$4,287
$169
$6,805
$4,288--$4,312
$170
$6,845
$4,313--$4,337
$171
$6,885
$4,338--$4,362
$172
$6,924
$4,363--$4,387
$173
$6,964
$4,388--$4,412
$174
$7,004
$4,413--$4,437
$175
$7,043
$4,438--$4,462
$176
$7,083
$4,463--$4,487
$177
$7,123
$4,488--$4,512
$178
$7,162
$4,513--$4,537
$179
$7,202
$4,538--$4,562
$180
$7,242
$4,563--$4,587
$181
$7,281
$4,588--$4,612
$182
$7,321
$4,613--$4,637
$183
$7,361
$4,638--$4,662
$184
$7,400
$4,663--$4,687
$185
$7,440
$4,688--$4,712
$186
$7,480
$4,713--$4,737
$187
$7,520
$4,738--$4,762
$188
$7,559
$4,763--$4,787
$189
$7,599
$4,788--$4,812
$190
$7,639
$4,813--$4,837
$191
$7,678
$4,838--$4,862
$192
$7,718
$4,863--$4,887
$193
$7,758
$4,888--$4,912
$194
$7,797
$4,913--$4,937
$195
$7,837
$4,938--$4,962
$196
$7,877
$4,963--$4,987
$196
$7,916
$4,988--$5,012
$197
$7,956
$5,013--$5,037
$198
$7,996
$5,038--$5,062
$199
$8,035
$5,063--$5,087
$200
$8,075
$5,088--$5,112
$201
$8,115
$5,113--$5,137
$202
$8,154
$5,138--$5,162
$203
$8,194
$5,163--$5,187
$204
$8,234
$5,188--$5,212
$205
$8,274
$5,213--$5,237
$206
$8,313
$5,238--$5,262
$207
$8,353
$5,263--$5,287
$208
$8,393
$5,288--$5,312
$209
$8,432
$5,313--$5,337
$210
$8,472
$5,338--$5,362
$211
$8,512
$5,363--$5,387
$212
$8,551
$5,388--$5,412
$213
$8,591
$5,413--$5,437
$214
$8,631
$5,438--$5,462
$215
$8,670
$5,463--$5,487
$216
$8,710
$5,488--$5,512
$217
$8,750
$5,513--$5,537
$218
$8,789
$5,538--$5,562
$219
$8,829
$5,563--$5,587
$220
$8,869
$5,588--$5,612
$221
$8,908
$5,613--$5,637
$222
$8,948
$5,638--$5,662
$223
$8,988
$5,663--$5,687
$224
$9,027
$5,688--$5,712
$225
$9,067
$5,713--$5,737
$226
$9,107
$5,738--$5,762
$227
$9,147
$5,763--$5,787
$228
$9,186
$5,788--$5,812
$229
$9,226
$5,813--$5,837
$230
$9,266
$5,838--$5,862
$231
$9,305
$5,863--$5,887
$232
$9,345
$5,888--$5,912
$233
$9,385
$5,913--$5,937
$234
$9,424
$5,938--$5,962
$235
$9,464
$5,963--$5,987
$236
$9,504
$5,988--$6,012
$237
$9,543
$6,013--$6,037
$238
$9,583
$6,038--$6,062
$239
$9,623
$6,063--$6,087
$240
$9,662
$6,088--$6,112
$241
$9,702
$6,113--$6,137
$242
$9,742
$6,138--$6,162
$243
$9,781
$6,163--$6,187
$244
$9,821
$6,188--$6,212
$245
$9,861
$6,213--$6,237
$245
$9,900
$6,238--$6,262
$246
$9,940
$6,263--$6,287
$247
$9,980
$6,288--$6,312
$248
$10,020
$6,313--$6,337
$249
$10,059
$6,338--$6,362
$250
$10,099
$6,363--$6,387
$251
$10,139
$6,388--$6,412
$252
$10,178
$6,413--$6,437
$253
$10,218
$6,438--$6,462
$254
$10,258
$6,463--$6,487
$255
$10,297
$6,488--$6,512
$256
$10,337
$6,513--$6,537
$257
$10,377
$6,538--$6,562
$258
$10,416
$6,563--$6,587
$259
$10,456
$6,588--$6,612
$260
$10,496
$6,613--$6,637
$261
$10,535
$6,638--$6,662
$262
$10,575
$6,663--$6,687
$263
$10,615
$6,688--$6,712
$264
$10,654
$6,713--$6,737
$265
$10,694
$6,738--$6,762
$266
$10,734
$6,763--$6,787
$267
$10,774
$6,788--$6,812
$268
$10,813
$6,813--$6,837
$269
$10,853
$6,838--$6,862
$270
$10,893
$6,863--$6,887
$271
$10,932
$6,888--$6,912
$272
$10,972
$6,913--$6,937
$273
$11,012
$6,938--$6,962
$274
$11,051
$6,963--$6,987
$275
$11,091
$6,988--$7,012
$276
$11,131
$7,013--$7,037
$277
$11,170
$7,038--$7,062
$278
$11,210
$7,063--$7,087
$279
$11,250
$7,088--$7,112
$280
$11,289
$7,113--$7,137
$281
$11,329
$7,138--$7,162
$282
$11,369
$7,163--$7,187
$283
$11,408
$7,188--$7,212
$284
$11,448
$7,213--$7,237
$285
$11,488
$7,238--$7,262
$286
$11,527
$7,263--$7,287
$287
$11,567
$7,288--$7,312
$288
$11,607
$7,313--$7,337
$289
$11,647
$7,338--$7,362
$290
$11,686
$7,363--$7,387
$291
$11,726
$7,388--$7,412
$292
$11,766
$7,413--$7,437
$293
$11,805
$7,438--$7,462
$294
$11,845
$7,463--$7,487
$294
$11,885
$7,488--$7,512
$295
$11,924
$7,513--$7,537
$296
$11,964
$7,538--$7,562
$297
$12,004
$7,563--$7,587
$298
$12,043
$7,588--$7,612
$299
$12,083
$7,613--$7,637
$300
$12,123
$7,638--$7,662
$301
$12,162
$7,663--$7,687
$302
$12,202
$7,688--$7,712
$303
$12,242
$7,713--$7,737
$304
$12,281
$7,738--$7,762
$305
$12,321
$7,763--$7,787
$306
$12,361
$7,788--$7,812
$307
$12,400
$7,813--$7,837
$308
$12,440
$7,838--$7,862
$309
$12,480
$7,863--$7,887
$310
$12,520
$7,888--$7,912
$311
$12,559
$7,913--$7,937
$312
$12,599
$7,938--$7,962
$313
$12,639
$7,963--$7,987
$314
$12,678
$7,988--$8,012
$315
$12,718
$8,013--$8,037
$316
$12,758
$8,038--$8,062
$317
$12,797
$8,063--$8,087
$318
$12,837
$8,088--$8,112
$319
$12,877
$8,113--$8,137
$320
$12,916
$8,138--$8,162
$321
$12,956
$8,163--$8,187
$322
$12,996
$8,188--$8,212
$323
$13,035
$8,213--$8,237
$324
$13,075
$8,238--$8,262
$325
$13,115
$8,263--$8,287
$326
$13,154
$8,288--$8,312
$327
$13,194
$8,313--$8,337
$328
$13,234
$8,338--$8,362
$329
$13,274
$8,363--$8,387
$330
$13,313
$8,388--$8,412
$331
$13,353
$8,413--$8,437
$332
$13,393
$8,438--$8,462
$333
$13,432
$8,463--$8,487
$334
$13,472
$8,488--$8,512
$335
$13,512
$8,513--$8,537
$336
$13,551
$8,538--$8,562
$337
$13,591
$8,563--$8,587
$338
$13,631
$8,588--$8,612
$339
$13,670
$8,613--$8,637
$340
$13,710
$8,638--$8,662
$341
$13,750
$8,663--$8,687
$342
$13,789
$8,688--$8,712
$343
$13,829
$8,713--$8,737
$343
$13,869
$8,738--$8,762
$344
$13,908
$8,763--$8,787
$345
$13,948
$8,788--$8,812
$346
$13,988
$8,813--$8,837
$347
$14,027
$8,838--$8,862
$348
$14,067
$8,863--$8,887
$349
$14,107
$8,888--$8,912
$350
$14,147
$8,913--$8,937
$351
$14,186
$8,938--$8,962
$352
$14,226
$8,963--$8,987
$353
$14,266
$8,988--$9,012
$354
$14,305
$9,013--$9,037
$355
$14,345
$9,038--$9,062
$356
$14,385
$9,063--$9,087
$357
$14,424
$9,088--$9,112
$358
$14,464
$9,113--$9,137
$359
$14,504
$9,138--$9,162
$360
$14,543
$9,163--$9,187
$361
$14,583
$9,188--$9,212
$362
$14,623
$9,213--$9,237
$363
$14,662
$9,238--$9,262
$364
$14,702
$9,263--$9,287
$365
$14,742
$9,288--$9,312
$366
$14,781
$9,313--$9,337
$367
$14,821
$9,338--$9,362
$368
$14,861
$9,363--$9,387
$369
$14,900
$9,388--$9,412
$370
$14,940
$9,413--$9,437
$371
$14,980
$9,438--$9,462
$372
$15,020
$9,463--$9,487
$373
$15,059
$9,488--$9,512
$374
$15,099
$9,513--$9,537
$375
$15,139
$9,538--$9,562
$376
$15,178
$9,563--$9,587
$377
$15,218
$9,588--$9,612
$378
$15,258
$9,613--$9,637
$379
$15,297
$9,638--$9,662
$380
$15,337
$9,663--$9,687
$381
$15,377
$9,688--$9,712
$382
$15,416
$9,713--$9,737
$383
$15,456
$9,738--$9,762
$384
$15,496
$9,763--$9,787
$385
$15,535
$9,788--$9,812
$386
$15,575
$9,813--$9,837
$387
$15,615
$9,838--$9,862
$388
$15,654
$9,863--$9,887
$389
$15,694
$9,888--$9,912
$390
$15,734
$9,913--$9,937
$391
$15,774
$9,938--$9,962
$392
$15,813
$9,963--$9,987
$392
$15,853
$9,988--$10,012
$393
$15,893
$10,013--$10,037
$394
$15,932
$10,038--$10,062
$395
$15,972
$10,063--$10,087
$396
$16,012
$10,088--$10,112
$397
$16,051
$10,113--$10,137
$398
$16,091
$10,138--$10,162
$399
$16,131
$10,163--$10,187
$400
$16,170
$10,188--$10,212
$401
$16,210
$10,213--$10,237
$402
$16,250
$10,238--$10,262
$403
$16,289
$10,263--$10,287
$404
$16,329
$10,288--$10,312
$405
$16,369
$10,313--$10,337
$406
$16,408
$10,338--$10,362
$407
$16,448
$10,363--$10,387
$408
$16,488
$10,388--$10,412
$409
$16,527
$10,413--$10,437
$410
$16,567
$10,438--$10,462
$411
$16,607
$10,463--$10,487
$412
$16,647
$10,488--$10,512
$413
$16,686
$10,513--$10,537
$414
$16,726
$10,538--$10,562
$415
$16,766
$10,563--$10,587
$416
$16,805
$10,588--$10,612
$417
$16,845
$10,613--$10,637
$418
$16,885
$10,638--$10,662
$419
$16,924
$10,663--$10,687
$420
$16,964
$10,688--$10,712
$421
$17,004
$10,713--$10,737
$422
$17,043
$10,738--$10,762
$423
$17,083
$10,763--$10,787
$424
$17,123
$10,788--$10,812
$425
$17,162
$10,813--$10,837
$426
$17,202
$10,838--$10,862
$427
$17,242
$10,863--$10,887
$428
$17,281
$10,888--$10,912
$429
$17,321
$10,913--$10,937
$430
$17,361
$10,938--$10,962
$431
$17,400
$10,963--$10,987
$432
$17,440
$10,988--$11,012
$433
$17,480
$11,013--$11,037
$434
$17,520
$11,038--$11,062
$435
$17,559
$11,063--$11,087
$436
$17,599
$11,088--$11,112
$437
$17,639
$11,113--$11,137
$438
$17,678
$11,138--$11,162
$439
$17,718
$11,163--$11,187
$440
$17,758
$11,188--$11,212
$441
$17,797
$11,213--$11,237
$441
$17,837
$11,238--$11,262
$442
$17,877
$11,263--$11,287
$443
$17,916
$11,288--$11,312
$444
$17,956
$11,313--$11,337
$445
$17,996
$11,338--$11,362
$446
$18,035
$11,363--$11,387
$447
$18,075
$11,388--$11,412
$448
$18,115
$11,413--$11,437
$449
$18,154
$11,438--$11,462
$450
$18,194
$11,463--$11,487
$451
$18,234
$11,488--$11,512
$452
$18,274
$11,513--$11,537
$453
$18,313
$11,538--$11,562
$454
$18,353
$11,563--$11,587
$455
$18,393
$11,588--$11,612
$456
$18,432
$11,613--$11,637
$457
$18,472
$11,638--$11,662
$458
$18,512
$11,663--$11,687
$459
$18,551
$11,688--$11,712
$460
$18,591
$11,713--$11,737
$461
$18,631
$11,738--$11,762
$462
$18,670
$11,763--$11,787
$463
$18,710
$11,788--$11,812
$464
$18,750
$11,813--$11,837
$465
$18,789
$11,838--$11,862
$466
$18,829
$11,863--$11,887
$467
$18,869
$11,888--$11,912
$468
$18,908
$11,913--$11,937
$469
$18,948
$11,938--$11,962
$470
$18,988
$11,963--$11,987
$471
$19,027
$11,988--$12,012
$472
$19,067
$12,013--$12,037
$473
$19,107
$12,038--$12,062
$474
$19,147
$12,063--$12,087
$475
$19,186
$12,088--$12,112
$476
$19,226
$12,113--$12,137
$477
$19,266
$12,138--$12,162
$478
$19,305
$12,163--$12,187
$479
$19,345
$12,188--$12,212
$480
$19,385
$12,213--$12,237
$481
$19,424
$12,238--$12,262
$482
$19,464
$12,263--$12,287
$483
$19,504
$12,288--$12,312
$484
$19,543
$12,313--$12,337
$485
$19,583
$12,338--$12,362
$486
$19,623
$12,363--$12,387
$487
$19,662
$12,388--$12,412
$488
$19,702
$12,413--$12,437
$489
$19,742
$12,438--$12,462
$490
$19,781
$12,463--$12,487
$490
$19,821
$12,488--$12,512
$491
$19,861
$12,513--$12,537
$492
$19,900
$12,538--$12,562
$493
$19,940
$12,563--$12,587
$494
$19,980
$12,588--$12,612
$495
$20,020
$12,613--$12,637
$496
$20,059
$12,638--$12,662
$497
$20,099
$12,663--$12,687
$498
$20,139
$12,688--$12,712
$499
$20,178
$12,713--$12,737
$500
$20,218
$12,738--$12,762
$501
$20,258
$12,763--$12,787
$502
$20,297
$12,788--$12,812
$503
$20,337
$12,813--$12,837
$504
$20,377
$12,838--$12,862
$505
$20,416
$12,863--$12,887
$506
$20,456
$12,888--$12,912
$507
$20,496
$12,913--$12,937
$508
$20,535
$12,938--$12,962
$509
$20,575
$12,963--$12,987
$510
$20,615
$12,988--$13,012
$511
$20,654
$13,013--$13,037
$512
$20,694
$13,038--$13,062
$513
$20,734
$13,063--$13,087
$514
$20,774
$13,088--$13,112
$515
$20,813
$13,113--$13,137
$516
$20,853
$13,138--$13,162
$517
$20,893
$13,163--$13,187
$518
$20,932
$13,188--$13,212
$519
$20,972
$13,213--$13,237
$520
$21,012
$13,238--$13,262
$521
$21,051
$13,263--$13,287
$522
$21,091
$13,288--$13,312
$523
$21,131
$13,313--$13,337
$524
$21,170
$13,338--$13,362
$525
$21,210
$13,363--$13,387
$526
$21,250
$13,388--$13,412
$527
$21,289
$13,413--$13,437
$528
$21,329
$13,438--$13,462
$529
$21,369
$13,463--$13,487
$530
$21,408
$13,488--$13,512
$531
$21,448
$13,513--$13,537
$532
$21,488
$13,538--$13,562
$533
$21,527
$13,563--$13,587
$534
$21,567
$13,588--$13,612
$535
$21,607
$13,613--$13,637
$536
$21,647
$13,638--$13,662
$537
$21,686
$13,663--$13,687
$538
$21,726
$13,688--$13,712
$539
$21,766
$13,713--$13,737
$539
$21,805
$13,738--$13,762
$540
$21,845
$13,763--$13,787
$541
$21,885
$13,788--$13,812
$542
$21,924
$13,813--$13,837
$543
$21,964
$13,838--$13,862
$544
$22,004
$13,863--$13,887
$545
$22,043
$13,888--$13,912
$546
$22,083
$13,913--$13,937
$547
$22,123
$13,938--$13,962
$548
$22,162
$13,963--$13,987
$549
$22,202
$13,988--$14,012
$550
$22,242
$14,013--$14,037
$551
$22,281
$14,038--$14,062
$552
$22,321
$14,063--$14,087
$553
$22,361
$14,088--$14,112
$554
$22,400
$14,113--$14,137
$555
$22,440
$14,138--$14,162
$556
$22,480
$14,163--$14,187
$557
$22,520
$14,188--$14,212
$558
$22,559
$14,213--$14,237
$559
$22,599
$14,238--$14,262
$560
$22,639
$14,263 or more
$561
Amount required under
section 401(a)(2)
(2)(i) The Table Specified for the Determination of Rate and Amount of Benefits shall be extended or contracted annually, automatically by regulations promulgated by the secretary. The table shall be extended or contracted in accordance with the following:
(A) The table shall be extended or contracted to a point where the maximum weekly benefit rate shall equal sixty-six and two-thirds per centum (66 2/3 %) of the average weekly wage for the thirty-six-month period ending June 30 preceding each calendar year. If the maximum weekly benefit rate is not a multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1).
(B) When it is necessary to extend the table, it shall be done in accordance with the following procedure:
(I) The words “or more” shall be deleted from the last line under Part A, and an amount twenty-four dollars ($24) greater than the first entry in that line shall be substituted therefor. The words “amount required under section 401(a)(2)” shall be deleted from the last line under Part C.
(II) Part A shall be extended as much as necessary by adding twenty-five dollars ($25) to each amount of the preceding line. At the point where the entry in Part B equals sixty-six and two-thirds per centum (66 2/3 %) of the average weekly wage, the first entry in Part A shall consist of an amount twenty-five dollars ($25) greater than the smaller amount in the preceding line, and the words “or more” shall be added.
(III) Part B shall be extended in increments of one dollar ($1) until that point is reached where the amount is equal to sixty-six and two-thirds per centum (66 2/3 %) of the average weekly wage.
(IV) Part C shall be extended to the point where, under Part B, the amount is equal to sixty-six and two-thirds per centum (66 2/3 %) of the average weekly wage.
(a) The amount on each line in Part C, other than the last line, shall be derived from the first entry on the same line in Part A, in accordance with the following formula:
(First entry in Part A plus twenty-four dollars ($24)) x 100 divided by sixty-three (63)
If the amount determined by this formula is not an even multiple of one dollar ($1), it shall be rounded to the next higher multiple of one dollar ($1).
(b) Deleted by 2016, Nov. 3, P.L. 1100, No. 144, § 6, imd. effective.
(b.1) The last line in Part C shall contain the words “amount required under section 401(a)(2).”
(C) When it is necessary to contract the table, it shall be done by deleting all lines following that in which the amount in Part B is sixty-six and two-thirds per centum (66 2/3 %) of the average weekly wage and substituting the words “or more” for the higher amount under Part A on that line and substituting the words “amount required under section 401(a)(2)” for the amount under Part C on that line.
(D) The Table Specified for the Determination of Rate and Amount of Benefits as so extended or contracted shall be effective only for those claimants whose benefit years begin on or after the first day of January of such calendar year.
(ii) For the purpose of determining the maximum weekly benefit rate, the Pennsylvania average weekly wage in covered employment shall be computed on the basis of the average annual total wages reported (irrespective of the limit on the amount of wages subject to contributions) for the thirty-six-month period ending June 30 (determined by dividing the total wages reported for the thirty-six-month period by three) and this amount shall be divided by the average monthly number of covered workers (determined by dividing the total covered employment reported for the same thirty-six-month period by thirty-six) to determine the average annual wage. The average annual wage thus obtained shall be divided by fifty-two and the average weekly wage thus determined rounded to the nearest cent.
(iii) Notwithstanding subclause (i), if the maximum weekly benefit rate determined under subclause (i) is greater than five hundred sixty-one dollars ($561), the maximum weekly benefit rate shall be subject to the following limitations:
(A) For calendar years 2013 through 2016, the maximum weekly benefit rate shall be five hundred seventy-three dollars ($573).
(A.1) For each calendar year 2017 through 2019, the maximum weekly benefit rate shall be five hundred sixty-one dollars ($561).
(B) For each calendar year 2020 through 2023, the maximum weekly benefit rate may increase from year to year by an amount that is no more than two per centum (2%) of the maximum weekly benefit rate for the preceding year.
(B.1) For each calendar year 2024 and thereafter, the maximum weekly benefit rate may increase from year to year by an amount that is no more than four per centum (4%) of the maximum weekly benefit rate for the preceding year.
(C) If the maximum weekly benefit rate determined under this subclause is not an even multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1).
(iv) In addition to the limitations set forth in subclause (iii), the following shall apply:
(A) Notwithstanding the provisions of subclause (iii)(B), for calendar years 2020 through 2023, the maximum weekly benefit rate shall not increase if the trigger percentage determined under section 301.7(a)3 is less than one hundred ten per centum (110%) as of July 1, 2019.
(B) Notwithstanding the provisions of subclause (iii)(B.1), for calendar year 2024, the maximum weekly benefit rate may not increase from the preceding year if the trigger percentage determined under section 301.7(a) is less than two hundred fifteen per centum (215%) as of July 1, 2023.
(C) If the maximum weekly benefit rate does not increase under subparagraph (B), it may not increase until the year following a July 1 determination under section 301.7(a) that the trigger percentage is at least two hundred fifty per centum (250%).
(D) If the conditions of subparagraph (C) are met, for the purpose of determining the maximum weekly benefit, subclause (iii) shall apply.
(v) If, on July 1, 2025, the trigger percentage determined under section 301.7(a) is less than two hundred fifty per centum (250%), the following shall apply:
(A) Notwithstanding the definition of “highest quarterly wages” in subsection (b), but subject to subclause (vi), “highest quarterly wages” for purposes of this section for calendar years 2026 and thereafter shall be the average of the total wages (computed to the nearest dollar), which were paid to the employe computed as follows:
(I) The wages paid to the employe in that calendar quarter in which such total wages were highest during the base year shall be calculated.
(II) The amount calculated under division (I) shall be added to an amount equal to one hundred thirty per centum (130%) of the wages paid to the employe in the calendar quarter in which such total wages were the second highest of any calendar quarter during the base year, provided that the amount added under this division (II) may not be greater than the wages paid to the employe during the highest calendar quarter under division (I).
(III) The sum calculated under division (II) shall be divided by two.
(B) Notwithstanding section 401(a)(2),4 and except as provided in subsections (a)(3) and (e)(1) and (2), section 401(a) shall require that the second entry in Part A of the table for the determination of rate and amount of benefits, on the line on which there appears the employe's weekly benefit rate, does not exceed sixty-three per centum (63%) of the employe's total base year wages.
(vi) Notwithstanding the provisions of subsection (b) and subclause (v) if, on July 1, 2026, or July 1 of any subsequent year, the trigger percentage determined under section 301.7(a) is at least two hundred fifty per centum (250%), the following shall apply:
(A) “Highest quarterly wages” for the subsequent calendar year and thereafter shall be determined as provided in subsection (b) and not as provided in subclause (v).
(B) Section 401(a)(2) shall apply and not subclause (v)(B).
(vii) In addition to the limitations in subclause (iii)(A.1), the following shall apply:
(A) If, on July 1, 2017, the trigger percentage determined under section 301.7(a) is less than forty per centum (40%), the department shall reduce each claimant's weekly compensation in calendar year 2018 by a uniform percentage determined as follows:
(I) The department shall calculate the balance of the Unemployment Compensation Fund that would be necessary, as of July 1, 2017, to determine a trigger percentage of forty per centum (40%) under section 301.7(a).
(II) The actual balance of the Unemployment Compensation Fund as of July 1, 2017, shall be subtracted from the amount calculated under division (I).
(III) The department shall calculate the percentage by dividing the amount determined under division (II) by the average of the benefit costs calculated under section 301.7(a)(2).
(IV) For calendar year 2018, each claimant's weekly compensation shall be reduced by the percentage calculated under division (III), except that the benefit reduction shall be at least one-half of one per centum (0.5%) and not more than one per centum (1%).
(B) If on July 1, 2018, the trigger percentage determined under section 301.7(a) is less than seventy-five per centum (75%), the department shall reduce each claimant's weekly compensation in calendar year 2019 by a uniform percentage determined as follows:
(I) The department shall calculate the balance of the Unemployment Compensation Fund that would be necessary, as of July 1, 2018, to determine a trigger percentage of eighty per centum (80%) under section 301.7(a).
(II) The actual balance of the Unemployment Compensation Fund as of July 1, 2018, shall be subtracted from the amount calculated under division (I).
(III) The department shall calculate the percentage by dividing the amount determined under division (II) by the average of the benefit costs calculated under section 301.7(a)(2).
(IV) For calendar year 2019, each claimant's weekly compensation shall be reduced by the percentage calculated under division (III), except that the benefit reduction shall be at least one-half of one per centum (0.5%) and not more than one per centum (1%).
(3) In addition to the weekly benefit rate as hereinbefore set out, each eligible employe shall be paid for each week that he is entitled to benefits, the sum of five dollars ($5) for a dependent spouse or a dependent child if such eligible employe has no spouse, plus three dollars ($3) for one other dependent child, but in no event shall such additional allowance exceed eight dollars ($8) for any one week or the total number of such allowance payments exceed the claimant's maximum weeks of entitlement, determined by dividing his total amount of compensation by his weekly benefit rate.
As used in this paragraph the term “dependent child” means any child or stepchild of the eligible employe in question who, at the beginning of such individual's current benefit year, was wholly or chiefly supported by such employe, and under eighteen years of age, or if eighteen years of age and over, because of physical or mental infirmity, is unable to engage in any gainful occupation.
As used in this paragraph the term “dependent spouse” means any legally married wife or husband of the eligible employe in question who, at the beginning of such individual's current benefit year was living with and being wholly or chiefly supported by such individual. If both a husband and wife qualify for benefit rights with overlapping benefit years, only one of them shall be entitled to the additional allowances provided in this paragraph.
(4)(i) Notwithstanding any other provision of this act, each claimant eligible for a weekly benefit rate of seventy-five dollars ($75) or more shall have his weekly compensation as determined by application of subsections (a) through (e) reduced by five per centum (5%). If such reduced weekly compensation is not an even multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1): Provided, That no claimant whose weekly benefit rate, determined in accordance with subsection (a), is in excess of seventy-four dollars ($74) shall have his weekly compensation reduced below seventy-five dollars ($75) except through the combined application of this paragraph and subsection (d). The balance in the claimant's compensation account as indicated in Part D or E of the table contained in subsection (e)(1) of this section shall be reduced by his weekly benefit amount without regard to the reduction provided herein. This subclause shall be of no effect beginning with the compensable week which ends on or after the first day of January 1989.
(ii) Notwithstanding any other provision of this act, each claimant shall have his weekly compensation, as determined by applications of subsections (a) through (e), reduced by five per centum (5%) if and when the provisions of section 301.7(c) apply, or by the per centum redetermined under section 301.8,5 if and when applicable. If such reduced weekly compensation is not an even multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1): Provided, That no claimant whose weekly benefit rate, determined in accordance with subsection (a), is in excess of the weekly benefit rate immediately below the weekly benefit rate that is one-half of the maximum weekly benefit rate determined in clause (2) of this subsection shall have his weekly compensation reduced below one-half of the maximum weekly benefit rate except through the combined application of this subclause and subsection (d). The balance in the claimant's compensation account as indicated in Part D or E of the table contained in clause (1) of this subsection shall be reduced by his weekly benefit amount without regard to the reduction provided herein. This subclause shall be in effect as of the first compensable week that ends on or after the first day of January 1990.
(iii) For purposes of this subsection only, if one-half of the maximum weekly benefit rate is not a multiple of one dollar ($1), such amount shall be rounded down to the next lower multiple of one dollar ($1) and then applied as required by this subsection.
(f) For purposes of this section and of section four hundred one (a), wages paid with respect to employment performed under Shipping Articles shall be considered as having been paid in the respective calendar quarters in which the services of the employe were being performed.
(g) Benefits based on employment covered by the provisions of Articles X, XI and XII of this act6 shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this act.

Credits

1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. IV, § 404. Amended 1942, Ex.Sess., April 23, P.L. 60, § 4; 1943, May 27, P.L. 717, § 3; 1945, May 29, P.L. 1145, § 10; 1947, June 30, P.L. 1186, § 2; 1949, May 14, P.L. 1355, No. 404, § 1; 1951, Sept. 29, P.L. 1580, No. 408, § 14; 1951, Jan. 2 (1952), P.L. 1802, No. 480, § 1; 1953, Aug. 24, P.L. 1397, No. 396, § 4; 1955, March 30, P.L. 6, No. 5, § 6; 1959, Dec. 17, P.L. 1893, No. 693, § 11; 1964, Special Sess., March 24, P.L. 53, No. 1, § 6; 1968, Jan. 17, P.L. 21, No. 6, § 1; 1971, Sept. 27, P.L. 460, No. 108, §§ 18, 19; 1973, Oct. 12, P.L. 292, No. 87, § 1, imd. effective; 1974, Dec. 5, P.L. 771, No. 262, § 8, imd. effective; 1976, July 9, P.L. 842, No. 147, § 3; 1980, July 10, P.L. 521, No. 108, §§ 15, 16, 17, imd. effective; 1983, July 21, P.L. 68, No. 30, §§ 20, 21 effective Jan. 1, 1984; 1988, Oct. 19, P.L. 818, No. 109, § 4; 2005, Dec. 16, P.L. 437, No. 80, § 1, imd. effective; 2011, June 17, P.L. 16, No. 6, § 5; 2012, June 12, P.L. 577, No. 60, § 11, effective Jan. 1, 2013; 2016, Nov. 3, P.L. 1100, No. 144, § 6, imd. effective; 2021, June 30, P.L. 173, No. 30, § 2, effective upon publication of notice at 51 Pa.B. 4033 [July 24, 2021].

Footnotes

45 U.S.C.A. § 231 et seq.
For updates to table, see 34 Pa. Code § 65 Appendix A.
43 P.S. § 781.7.
43 P.S. § 801.
43 P.S. § 781.8.
43 P.S. §§ 891 et seq., 901 et seq., and 911 et seq.
43 P.S. § 804, PA ST 43 P.S. § 804
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document