Home Table of Contents

§ 813. Eligibility requirements for extended benefits and shareable regular benefits

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. Labor

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)
43 P.S. § 813
§ 813. Eligibility requirements for extended benefits and shareable regular benefits
Currentness
(a) An individual shall be eligible to receive shareable regular benefits or extended benefits with respect to any week of unemployment in his eligibility period only if the Secretary of Labor and Industry finds that with respect to such week:
(1) he is an “exhaustee” as defined in section 401-A(j);1
(2) he has satisfied the requirements of this act for the receipt of regular benefits that are applicable to individuals claiming shareable regular benefits and extended benefits, including not being subject to a disqualification for the receipt of benefits.
(b) Notwithstanding any other provisions of section 402-A2 an individual shall be ineligible for the payment of shareable regular benefits or extended benefits for any week of unemployment in his eligibility period if during such period:
(1) he failed to accept any offer of suitable work (as defined under subsection (d)) or failed to apply for any suitable work to which he was referred by the employment office; or
(2) he failed to actively engage in seeking work as prescribed under subsection (f).
(c) Any individual who has been found ineligible for the payment of shareable regular benefits or extended benefits by reason of the provisions in subsection (b) shall also be denied benefits beginning with the first day of the week following the week in which such failure occurred and until he has been employed (without regard to employment as defined by this act) in each of four (4) subsequent weeks (whether or not consecutive) and has earned remuneration equal to not less than four (4) times his extended weekly benefit amount.
(d)(1) For the purposes of this section, the term “suitable work” means, with respect to any individual, the requirements contained in clauses (i) and (ii) below:
(i) Any work which is within such individual's capabilities: Provided, however, That the gross average weekly remuneration payable for the work must exceed the sum of the following:
(A) The individual's extended weekly benefit amount as determined under section 404-A3 (relating to the extended benefit program).
(B) The amount, if any, of supplemental unemployment benefits (as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1954,4 payable to such individual for such week.
(ii) Pays wages not less than the higher of:
(A) the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938,5 without regard to any exemption; or
(B) the applicable State or local minimum wage.
(2) No individual shall however be denied shareable regular benefits or extended benefits for failure to accept an offer of or apply for any job which meets the definition of suitability as described above if:
(i) the position was not offered to such individual in writing or was not listed with the employment service;
(ii) such failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in section 4(t)6 to the extent that the criteria of suitability in that section are not inconsistent with the provisions of this subsection; or
(iii) the individual furnishes satisfactory evidence to the department that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work for regular benefit claimants in section 4(t) without regard to the definition specified by this subsection.
(e) Notwithstanding, the provisions of section 403-A to the contrary, no work shall be deemed to be suitable work for an individual which does not accord with the labor standard provisions required by section 3304(a)(5) of the Internal Revenue Code of 19547 and set forth herein under section 4(t).
(f) For the purposes of subsection (b)(2), an individual shall be treated as actively engaged in seeking work during any week if he meets both of the following:
(1) The individual has engaged in a systematic and sustained effort to obtain work during such week.
(2) The individual furnishes tangible evidence that he has engaged in such an effort during such week.
(g) The employment office shall refer any claimant entitled to shareable regular benefits or extended benefits under this act to any suitable work which meets the criteria prescribed in subsection (d).
(h) An individual shall not be eligible to receive shareable regular benefits or extended benefits with respect to any week of unemployment in his eligibility period if such individual has been disqualified for regular benefits, shareable regular benefits, or extended benefits under this act because he or she voluntarily left work, was discharged for willful misconduct or failed to accept an offer of or apply for suitable work unless the disqualification imposed for such reasons has been terminated by the individual performing services in an employer-employe relationship (whether or not services were in employment as defined by this act) for remuneration subsequent to the date of such disqualification.
(i) Notwithstanding subsection (a)(2) an individual shall not be eligible for extended benefits unless, in the base year with respect to which the individual exhausted all rights to regular benefits under the State law, the individual had wages equal to at least one and one-half (1 ½ ) times the individual's highest quarterly wage.

Credits

1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. IV-A, § 403-A, added 1971, Feb. 9, P.L. 1, No. 1, § 2, imd. effective. Amended 1981, Oct. 22, P.L. 301, No. 106, § 3, imd. effective.

Footnotes

1
43 P.S. § 811.
2
43 P.S. § 812.
3
43 P.S. § 814.
4
26 U.S.C.A. § 501(c)(17)(D).
5
29 U.S.C.A. § 206.
6
43 P.S. § 753.
7
26 U.S.C.A. (I.R.C.1954) § 3304(a)(5).
43 P.S. § 813, PA ST 43 P.S. § 813
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document