PRINTER'S NO. 2713
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2128
Session of
2024
INTRODUCED BY CIRESI, GIRAL, HARKINS, McNEILL, SCHLOSSBERG,
CERRATO, JOZWIAK, CURRY, PARKER, NEILSON, HILL-EVANS, WARREN,
DALEY, DELLOSO AND HOWARD, MARCH 18, 2024
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 18, 2024
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), entitled "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," in determination of
compensation, appeals, reviews and procedure, further
providing for determination of compensation appeals and for
decision of referee and further appeals and reviews.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 501(c)(5) and (e) and 502(a) of the act
of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known
as the Unemployment Compensation Law, are amended and the
sections are amended by adding subsections to read:
Section 501. Determination of Compensation Appeals.--* * *
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(c) * * *
(5) If an employer files with the department such
information more than [twenty-one] thirty days after the
"Determination Date" provided on the notice required under
section five hundred one (a) or the "Notice Date" provided on
the notice required under section five hundred one (b), the
department shall only issue to such employer (i) a notice in
writing of its determination with respect to each claim which is
filed by the claimant for a week, the first day of which is
within the thirty-day period which immediately precedes the date
on which such information is filed, and (ii) a notice in writing
of its determination with respect to the first valid claim which
is filed by the claimant during the claimant's benefit year for
a week, the last day of which is subsequent to the date on which
such information is filed.
* * *
(d.1) For any revision that results in the "Determination
Date" provided in the original notice given to any employer or
claimant being more than one year prior to the "Determination
Date" on the revised notice under subsection (d), the employer
or claimant shall have sixty calendar days to file an appeal
under this section.
(e) Unless the claimant or last employer or base-year
employer of the claimant files an appeal with the board, from
the determination contained in any notice required to be
furnished by the department under section five hundred and one
(a), (c) and (d), except as provided under subsection (d.1), no
later than [twenty-one] thirty calendar days after the
"Determination Date" provided on such notice, and applies for a
hearing, such determination of the department, with respect to
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the particular facts set forth in such notice, shall be final
and compensation shall be paid or denied in accordance
therewith.
* * *
(g) If the deadline for an employer or claimant to file an
appeal under this section occurs on a Saturday, Sunday or a
legal holiday, the deadline shall be extended to the next
business day.
Section 502. Decision of Referee; Further Appeals and
Reviews.--(a) Where an appeal from the determination or revised
determination, as the case may be, of the department is taken, a
referee shall, after affording the parties and the department
reasonable opportunity for a fair hearing, affirm, modify, or
reverse such findings of fact and the determination or revised
determination, as the case may be, of the department as to him
shall appear just and proper. The parties and their attorneys or
other representatives of record and the department shall be duly
notified of the time and place of a referee's hearing and of the
referee's decision, and the reasons therefor, which shall be
deemed the final decision of the board, unless an appeal is
filed therefrom, no later than [twenty-one] thirty days after
the "Decision Date" provided on such decision or the board acts
on its own motion, to review the decision of the referee. The
testimony at any hearing before a referee shall be taken by a
recording device and be preserved for a period of ninety days
following expiration of the period for filing an appeal from the
final decision rendered in the case. An unabridged transcript
and audio recording of the testimony shall be made available, at
cost if not used for unemployment compensation purposes or a
subsequent appeal, to the parties and their attorneys or other
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representatives upon written request to the referee.
* * *
(c) If the thirty-day deadline to file an appeal under
subsection (a) occurs on a Saturday, Sunday or a legal holiday,
the deadline shall be extended to the next business day.
Section 2. This act shall take effect in 60 days.
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