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PA Bulletin, Doc. No. 21-1171



Unemployment Compensation; Records of and Reports by Employers; Qualifications Required to Secure Compensation and for Rate and Amount of Compensation; Determination of Compensation Appeals and for Decision of Referee and Further Appeals and Reviews; Shared-Work Participating Employer Responsibilities

[51 Pa.B. 4033]
[Saturday, July 24, 2021]

 The purpose of this notice is to announce the following amendments to the act of December 5, 1936 (2nd Sp. Sess., 1937 P.L. 2897, No. 1), known as the Unemployment Compensation Law (UC Law) (43 P.S. §§ 751—919.10), as provided for under the act of June 30, 2021 (P.L.   , No. 30).

Article II. Administration of Act.

Section 206. Records of and Reports by Employers.

 Section 206(a) of the UC Law (43 P.S. § 766) is amended to require employers, whether or not liable for the payment of contributions under the UC Law, to keep accurate employment records containing the information as may be prescribed by the rules and regulations adopted by the Department of Labor and Industry (Department), for no more than 6 years after contributions relating to the records have been paid.

Article IV. Compensation.

Section 401. Qualifications Required to Secure Compensation.

 Section 401(a)(2) of the UC Law (43 P.S. § 801(a)(2)) is amended to replace its reference to section 404(e)(1) and (2) (43 P.S. § 804(e)(1) and (2)) with section 404(e)(2)(v) (43 P.S. § 804(e)(2)(v)).

Section 404. Rate and Amount of Compensation.

 The amendment to section 404(e)(2)(i)(B)(I) (43 P.S. § 804(e)(2)(i)(B)(I)) establishes procedures for the Department extending or contracting the Table Specified for the Determination of Rate and Amount of Benefits, found in section 401(e)(1) of the UC Law (43 P.S. § 804(e)(1)).

Article V. Determination of Compensation; Appeals; Reviews; Procedure.

Section 501. Determinations of Compensation Appeals.

 The amendments to section 501(c)(4) and (5) and (e) of the UC Law (43 P.S. § 821(c)(4) and (5) and (e)) require that notice of an unemployment compensation determination be provided to a qualifying base-year employer or the claimant's last employer, no later than 21 days after the determination date provided on the notice. Subsection (f) is added to require that a notice or determination issued under section 501 be mailed to the last known post office address or transmitted electronically, as designated by the claimant or employer. 43 P.S. § 821(f).

Section 502. Decision of Referee; Further Appeals and Review.

 Section 502 of the UC Law (43 P.S. § 822) is amended to extend the appeal period from 15 days to 21 days after the ''decision date'' provided on a referee decision or when the board acts on its own motion. Additionally, decisions shall be mailed to each relevant party's last known post office address or transmitted electronically, as designated by the party.

Article XIII. Shared-Work Program.

Section 1307. Participating Employer Responsibilities.

 Section 1307 of the UC Law (43 P.S. § 916.7) amends the shared-work provisions by requiring the Department to establish a schedule, consistent with the rules and regulations of the shared-work plan, for participating employers to file claims for compensation.

Effective Date

 Under section 6 of the act of June 30, 2021 (P.L.  , No. 30), the previously-referenced amendments to the UC Law are effective upon publication of this notice in the Pennsylvania Bulletin.

 Questions concerning this notice may be directed to Jennifer L. Berrier, Secretary, Department of Labor and Industry, 651 Boas Street, 17th Floor, Harrisburg, PA 17121.


[Pa.B. Doc. No. 21-1171. Filed for public inspection July 23, 2021, 9:00 a.m.]

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