Bill Text: PA HB1930 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for a program to employ unemployed workers by phasing out unemployment compensation gradually after employment.

Spectrum: Partisan Bill (Republican 87-2)

Status: (Introduced - Dead) 2011-10-24 - Referred to LABOR AND INDUSTRY [HB1930 Detail]

Download: Pennsylvania-2011-HB1930-Introduced.html

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PRINTER'S NO. 2621
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1930 Session of2011
INTRODUCED BY EVANKOVICH, ADOLPH, AUMENT, BAKER, BEAR, BLOOM, BOYD, BROOKS, CAUSER, CHRISTIANA, COX, CREIGHTON, CUTLER, DAY, DENLINGER, DUNBAR, ELLIS, EMRICK, FARRY, GABLER, GALLOWAY, GEIST, GILLEN, GINGRICH, GODSHALL, GRELL, GROVE, HACKETT, HARHAI, HARHART, HARRIS, HEFFLEY, HELM, HENNESSEY, HESS, HICKERNELL, HUTCHINSON, KAMPF, KAUFFMAN, F. KELLER, M. K. KELLER, KILLION, KNOWLES, KRIEGER, LAWRENCE, MAHER, MAJOR, MALONEY, MARSHALL, MARSICO, MASSER, METCALFE, MILLARD, MILNE, MOUL, MURT, MUSTIO, OBERLANDER, O'NEILL, PEIFER, PERRY, PICKETT, PYLE, QUIGLEY, QUINN, REED, REESE, ROAE, ROCK, ROSS, SACCONE, SAYLOR, SCAVELLO, SCHRODER, SIMMONS, S. H. SMITH, SONNEY, STEPHENS, STERN, STEVENSON, SWANGER, TOBASH, TOEPEL, TOOHIL, TRUITT, TURZAI, VEREB AND VULAKOVICH, OCTOBER 24, 2011
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 24, 2011
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," providing for a
program to employ unemployed workers by phasing out
unemployment compensation gradually after employment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), known as the Unemployment Compensation Law, is
amended by adding an article to read:
ARTICLE IV-B
RETURN TO WORK PROGRAM
Section 401-B. Employment of claimants.
A program is established to permit certain claimants who are
currently receiving compensation to receive compensation on a
gradually reduced scale after being hired by an employer
participating in the program. The program shall be administered
by the department to provide a good faith incentive for
employers to hire claimants into gainful employment and for
claimants to return to work.
Section 402-B. Eligible participants.
A claimant who has registered for reemployment services with
the CareerLink system and who is eligible for at least ten weeks
of compensation shall be eligible to participate in the program.
Section 403-B. Employment.
(a) Advertising.--The program shall only involve the hiring
of a claimant for positions that have been advertised through
CareerLink and other means for at least 30 days.
(b) Hiring.--An employer participating in the program may
offer a claimant currently receiving compensation full-time
employment in an eligible position which has been advertised
pursuant to this section.
Section 404-B. Rate of wages.
(a) Standard for wages and compensation.--
(1) An employer participating in the program shall enter
into a written agreement with the department agreeing to pay
a claimant under the program wages at a rate equal to or
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greater than that which is required under the act of January
17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of
1968.
(2) The sum of wages plus compensation paid to the
claimant shall not be less than the advertised rate of the
position or the rate that would be paid to an individual in
that position not participating in the program.
(b) Earnings limitation.--The limitations of section 404(d)
(1)(i) shall not apply to employment under the program.
Section 405-B. Gradual phaseout of compensation.
(a) Duty of department.--Under the program, a claimant, once
employed, shall continue to receive weekly compensation on a
gradually reduced scale, receiving 80% of weekly compensation
for the first week of employment and 10% of weekly compensation
for the last week of eligibility. Reduced weekly compensation
shall be based on the number of weeks the claimant is eligible
to receive compensation, for a maximum of 17 weeks.
(b) Duty of employer.--An employer participating in the
program shall enter into a written agreement with the department
agreeing to increase the claimant's weekly wage as compensation
decreases in order to maintain the claimant's compensation plus
wages at the same level as described in section 404-B(a).
Section 406-B. Penalties.
(a) Employer default.--An employer participating in the
program who terminates a claimant for a reason other than
willful misconduct shall reimburse the Unemployment Compensation
Trust Fund for the compensation the recipient received while
employed by the employer, unless the termination occurred within
the first two weeks of employment.
(b) Claimant default.--A claimant who voluntarily leaves
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work during the program without a cause of necessitous and
compelling nature or who is terminated from such employment
during the program for willful misconduct shall not be eligible
for further compensation.
Section 407-B. Employment limitations.
(a) Seasonal employment.--Eligible positions under the
program shall not include seasonal employment positions.
(b) Termination of existing employees.--An employer
participating in the program may not terminate or reduce the
working hours of existing employees to hire a claimant
participating in the program.
Section 408-B. Regulations.
The department may promulgate regulations to carry out the
provisions of this act.
Section 2. Regulations inconsistent with the addition of
Article IV-B of the act are abrogated.
Section 3. This act shall take effect in nine months.
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