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§ 811. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: December 31, 2011

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 14. Unemployment Compensation Law (Refs & Annos)
Article IV-a. Extended Benefits Program (Refs & Annos)
Effective: December 31, 2011
43 P.S. § 811
§ 811. Definitions
Currentness
As used in this article:
(a) “Extended benefit period” means a period which
(1) Begins with the third week after the week for which there is a State “on” indicator.
(2) Ends with either of the following weeks, whichever occurs later:
(A) the third week after the first week for which there is a State “off” indicator; or
(B) the thirteenth consecutive week of such period:
Provided, That no extended benefit period may begin by reason of:
(i) a State “on” indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this State, or
(ii) a State “on” indicator under subsection (c)(1) later than the twelfth week before the last week to which subsection (c.1)(3) applies.
(b)(1) There is a “State ‘on’ indicator” for this State for a week if the Secretary of Labor and Industry determines in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this act:
(i)(A) equaled or exceeded one hundred twenty per centum of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, or
(B) with respect to weeks specified in subsection (c.1)(1), equaled or exceeded one hundred twenty per centum (120%) of the average of such rates for the corresponding thirteen-week period ending in each of the preceding three calendar years, and
(ii) equaled or exceeded five per centum: Provided, That with respect to benefits for weeks of unemployment beginning with the passage of this amendment but no earlier than April 3, 1977, the determination of whether there has been a State “on” or “off” indicator beginning or ending any extended benefit period shall be made under this paragraph as if (A) this paragraph did not contain subparagraph (i) thereof, and (B) the per centum rate indicated in this paragraph were six, except that, notwithstanding any such provision of this paragraph, any week for which there would otherwise be a State “on” indicator shall continue to be such a week and shall not be determined to be a week for which there is a State “off” indicator.
(2) There is a “State ‘off’ indicator” for this State for a week if the Secretary of Labor and Industry determines in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this act:
(i) was less than one hundred twenty per centum of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, if paragraph (1)(i)(A) applies or, the preceding three calendar years, if paragraph (1)(i)(B) applies, or
(ii) was less than five per centum.
(3) Notwithstanding the provisions of this subsection, any week for which there would otherwise be a State “on” indicator shall continue to be such a week and shall not be determined to be a week for which there is a State “off” indicator.
(c)(1) There is a “State ‘on’ indicator” for this State for a week specified in subsection (c.1)(2) if:
(i) the average rate of total unemployment in this State, seasonally adjusted, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds six and one-half per centum; and
(ii)(A) the average rate of total unemployment in this State, seasonally adjusted, for the three-month period referred to in subparagraph (i) equals or exceeds one hundred ten per centum of such average rate for either, or both, of the corresponding three-month periods ending in the two preceding calendar years, or
(B) with respect to weeks specified in subsection (c.1)(1), the average rate of total unemployment in this State, seasonally adjusted, for the three-month period referred to in subparagraph (i) equals or exceeds one hundred ten per centum (110%) of such average rate for any, or all, of the corresponding three-month periods ending in the three preceding calendar years.
(2) There is a State “off” indicator for this State for a week if the requirements of paragraph (1)(i) or (ii) are not satisfied.
(3) Deleted by 2012, Feb. 9, P.L. 69, No. 9, § 1, retroactive effective Dec. 31, 2011.
(4) Notwithstanding the provisions of this subsection, any week for which there would otherwise be a State “on” indicator shall continue to be such a week and shall not be determined to be a week for which there is a State “off” indicator.
(5) For purposes of this subsection, determinations of the rate of total unemployment for any period, and of any seasonal adjustment, shall be made by the United States Secretary of Labor.
(c.1)(1) Subsections (b)(1)(i)(B) and (c)(1)(ii)(B) apply to weeks that meet both of the following criteria:
(i) The week is a week for which the provisions of those subsections are authorized by Federal law.
(ii) The week ends not later than April 30, 2012, and not less than twenty-eight (28) days before the last day of the last week to which paragraph (3) applies.
(2) Except as provided in paragraph (1), subsection (c)(1) applies to weeks that meet both of the following criteria:
(i) The week ends not more than twenty-one (21) days before the last day of the first week to which paragraph (3) applies.
(ii) The week ends not later than April 30, 2012, and not less than twenty-eight (28) days before the last day of the last week to which paragraph (3) applies.
(3) This paragraph applies to weeks of unemployment for which one hundred per centum (100%) Federal sharing of extended benefits is available under section 2005(a) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 115),1 without regard to the extension of Federal sharing for certain claims as provided under section 2005(c) of the American Recovery and Reinvestment Act of 2009 or under a subsequently enacted provision of Federal law.
(d) “Rate of insured unemployment,” for purposes of clauses (b) and (c) of this section, means the percentage derived by dividing
(1) the average weekly number of individuals filing claims for regular benefits in this State for weeks of unemployment with respect to the most recent thirteen consecutive week period, as determined by the Secretary of Labor and Industry on the basis of his reports to the United States Secretary of Labor, by
(2) the average monthly employment covered under this act for the first four of the most recent six completed calendar quarters ending before the end of such thirteen-week period.
(e) “Regular benefits” means benefits payable to an individual under this act or under any other State law (including benefits payable to Federal civilian employes and to ex-servicemen pursuant to 5 U.S.C., chapter 85)2 other than extended benefits.
(f) “Extended benefits” means benefits (including benefits payable to Federal civilian employes and to ex-servicemen pursuant to 5 U.S.C., chapter 85) payable to an individual under the provisions of this section for weeks of unemployment in his eligibility period.
(g) “Eligibility period” of an individual means the period consisting of the weeks in his benefit year which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
(h) “Exhaustee” means an individual who, with respect to any week of unemployment in his eligibility period:
(1) has received, prior to such week, all of the regular benefits that were available to him under this act or any other State law (including dependents' allowances and benefits payable to Federal civilian employes and ex-servicemen under 5 U.S.C., chapter 85) in his current benefit year that includes such week: Provided, That, for the purposes of this subclause, an individual shall be deemed to have received all of the regular benefits that were available to him although, as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or
(2) his benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; and
(3)(A) has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act,3 the Trade Expansion Act of 1962,4 the Automotive Products Trade Act of 19655 and such other Federal laws as are specified in regulations issued by the United States Secretary of Labor; and
(B) has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada; but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee.
(i) “Shareable regular benefits” means regular benefits payable for compensable weeks in an individual's eligibility period which exceed twenty-six times the individual's weekly benefit rate (including allowances for dependents) in regular benefits paid during the individual's benefit year.
(j) “State law” means the unemployment insurance law of any state, approved by the United States Secretary of Labor under section 3304 of the Internal Revenue Code of 1954.6

Credits

1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. IV-A, § 401-A, added 1971, Feb. 9, P.L. 1, No. 1, § 2, imd. effective. Amended 1974, March 26, P.L. 219, No. 47, § 1; 1977, July 6, P.L. 41, No. 22, § 6, imd. effective; 1981, Oct. 22, P.L. 301, No. 106, § 2, imd. effective; 2009, Aug. 4, P.L. 114, No. 30, § 1, imd. effective, retroactive to July 1, 2009; 2011, June 17, P.L. 16, No. 6, § 6, effective in 60 days [Aug. 16, 2011], retroactive to Dec. 18, 2010; 2012, Feb. 9, P.L. 69, No. 10, § 1, imd. effective, retroactive to Dec. 31, 2011.

Footnotes

1
26 U.S.C.A. § 3304 note.
2
5 U.S.C.A. § 8501 et seq.
3
45 U.S.C.A. § 351 et seq.
4
19 U.S.C.A. § 1801 et seq.
5
19 U.S.C.A. § 2001 et seq.
6
26 U.S.C.A. § 3304.
43 P.S. § 811, PA ST 43 P.S. § 811
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document