[ 34 PA. CODE CH. 65 ] Unemployment Compensation; Employee Provisions [40 Pa.B. 2643]
[Saturday, May 22, 2010]The Department of Labor and Industry (Department), Office of Unemployment Compensation Benefits, proposes to amend Chapter 65 (relating to employee provisions) to read as set forth in Annex A.
A. Statutory Authority
This rulemaking is proposed under section 201(a) of the Unemployment Compensation Law (law) (43 P. S. § 761(a)), which authorizes the Department to promulgate and amend rules and regulations necessary to administer the law.
B. Background and Description of Proposed Rulemaking
The purpose of this proposed rulemaking, which covers 24 sections of the Department's regulations, is to update the regulations to conform to current law and practice.
This proposed rulemaking rescinds 11 sections of Chapter 65 and deletes portions of additional sections. The Department is rescinding and deleting regulations that are obsolete, inconsistent with the law or superseded by a subsequent statutory enactment. In some cases, the Department is retaining the text of rescinded sections by adding it to other regulatory provisions to consolidate regulations with similar subject matter. In cases where a section repeats an existing statutory provision, the section will be rescinded or amended to refer to the statute.
References to obsolete subdivisions of the Department are being removed or replaced with references to the current agency or the Department generally. References to specific forms, some of which are outdated, are removed wherever possible.
The law provides that a claimant shall register for work to be eligible for compensation. Under existing regulations, a claimant fulfills this requirement by filing an application for benefits. However, the current regulations also provide that a work registration lapses under certain circumstances and must be renewed. This is a technical and little known provision that may prejudice a claimant's eligibility. Proposed amendments to § 65.11 (relating to work registration; effective period) provide that a work registration created by an application for benefits remains effective throughout the benefit year. Sections 65.12 and 65.13 (relating to registration renewals; and predated claims), which provide for the lapse and renewal of a work registration and retroactive registration renewals, are proposed to be rescinded.
Proposed amendments to § 65.14 (relating to additional information) state that a claimant shall provide the information required by the Department to facilitate reemployment.
Sections 65.31 and 65.41 (relating to filing; and filing methods) provide that claimants shall file paper applications for benefits and claims for compensation in person at a local Department office. In their present form, these sections reflect outdated procedures. The Department no longer requires claimants to appear in person to conduct unemployment compensation (UC)-related business. Therefore, § 65.31 is proposed to be rescinded and existing text in § 65.41 is deleted and replaced with current procedure. As amended, § 65.41 will provide that a claimant may file an application for benefits by telephone, Internet, United States mail or fax transmission and may file a claim for compensation by telephone or the Internet.
Proposed amendments to § 65.42 (relating to application for benefits—effective date) specify that an application for benefits is effective on the first day of the week in which the application is filed or deemed filed under proposed § 65.43a (relating to extended filing).
Section 65.32 (relating to week of unemployment) reflects an outdated procedure in which a claim for compensation was filed every week. That is, a claim for compensation had to be filed during the week immediately following the week of unemployment being claimed. This section is proposed to be rescinded and replaced with the proposed amendments to § 65.43 (relating claims for compensation—when to file). As amended, § 65.43 reflects the current procedure in which claims are filed biweekly and each biweekly pair of claims covers the preceding 2 weeks.
Currently, § 65.33 (relating to predating) provides that a claim for compensation may be filed late under certain circumstances and §§ 65.41 and 65.42(a) set forth the circumstances in which an application for benefits may be filed late. This proposed rulemaking consolidates the provisions regarding late filing of claims and applications in proposed § 65.43a. This proposed section contains provisions similar to the sections it replaces. It also reflects circumstances that may prevent a claimant from filing a timely application or claim under current procedures, in which applications and claims are taken by telephone, Internet and fax transmission.
Proposed § 65.56 (relating to withdrawing an application for benefits) specifies circumstances under which the Department may approve a claimant's request to withdraw an application for benefits and cancel the corresponding benefit year.
Under section 4(u) of the law (43 P. S. § 753(u)), a claimant may be ''unemployed'' for purposes of eligibility for UC if he is working ''less than his full-time work.'' Neither the law nor the regulations define ''full-time work'' for purposes of section 4(u) of the law. As a result, this provision has been applied inconsistently. Proposed § 65.73 (relating to full-time work) will specify how a claimant's full-time work is determined.
C. Affected Persons
The proposed rulemaking would affect persons claiming UC benefits. Approximately 617,000 new applications for benefits are filed each year.
D. Fiscal Impact
Commonwealth and the Regulated Community
The majority of this proposed rulemaking concerns procedural matters, such as the methods and time for filing UC applications and claims. Although this proposed rulemaking contains procedural requirements, these do not affect the amount or duration of benefits available to the claimant under the law. Also, some of the procedural provisions of this proposed rulemaking codify current practice. For these reasons the new and amended regulations addressing procedures would not involve fiscal impact to the UC Fund or the regulated community. Only a small portion of this proposed rulemaking involves substantive matters. Either these sections reflect the current application of the law, in which event there would be no fiscal impact, or the Department is unable to estimate the amount of fiscal impact that may occur.
Political Subdivisions
This proposed rulemaking does not affect political subdivisions, except to the extent that they are employers covered by the law.
General Public
This proposed rulemaking does not affect the general public.
E. Paperwork Requirement
This proposed rulemaking will not impose additional paperwork requirements on the regulated community.
F. Sunset Date
The regulations will be monitored through practice and application. Therefore, no sunset date is designated.
G. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin. The following sections, as promulgated, amended or rescinded by this proposed rulemaking, apply to weeks of unemployment ending on or after the effective date of the final-form rulemaking: §§ 65.11, 65.12, 65.13, 65.14, 65.15, 65.32, 65.33, 65.43, 65.43a(a), 65.43a(b), 65.43a(d), 65.43a(f), 65.43a(i) and 65.73. The following sections, as amended or rescinded by this proposed rulemaking, apply to claims for compensation filed on or after the effective date of the final-form rulemaking: §§ 65.31 and 65.41. The following sections, promulgated or as amended by this proposed rulemaking, apply to applications for benefits filed on or after the regulations' effective date of the final-form rulemaking: §§ 65.41, 65.42, 65.43a(c), 65.43a(g), 65.43a(i) and 65.56. Proposed amendments to § 65.22 (relating to applicable rules) apply to an offer of work made on or after the effective date of the final-form rulemaking. Proposed amendments to § 65.102 (relating to application of the deduction) apply to weeks of unemployment ending on or after December 16, 2005. Section 65.56 applies to a request made on or after the section's effective date to withdraw an application for benefits.
H. Public Comment
Interested parties are invited to submit written comments, objections or suggestions about the proposed rulemaking to Craig Pontz, Assistant Director, Office of Unemployment Compensation Benefits, 6th Floor, Labor and Industry Building, 651 Boas Street, Harrisburg, PA 17121 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Written comments received by the Department may be made available to the public.
Comments may also be submitted electronically to cpontz@state.pa.us. A subject heading referencing the proposed rulemaking, name and return mailing address must be included in each transmission. In addition, electronic comments shall be contained in the text of the transmission, not in an attachment.
For further information on this proposed rulemaking, contact Craig Pontz at (717) 783-0605.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 10, 2010, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the House Labor Relations Committee and the Senate Labor and Industry Committee (Committees). A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to a portion of the proposed rulemaking, it will notify the Department within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
SANDI VITO,
SecretaryFiscal Note: 12-74. No fiscal impact; (8) recommends adoption.
Annex A TITLE 34. LABOR AND INDUSTRY PART II. BUREAU OF EMPLOYMENT SECURITY Subpart A. UNEMPLOYMENT COMPENSATION CHAPTER 65. EMPLOYEE PROVISIONS Subchapter A. GENERAL PROVISIONS § 65.1. [Definitions] (Reserved).
[In addition to the terms defined in § 61.1 (relating to definitions), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Agent state—A state in which an individual files a claim for benefits from another state.
Benefits—Compensation payable to an individual with respect to the individual employment, under the unemployment insurance law of a state.
Interstate Benefit Payment Plan—The plan approved by the Interstate Conference of Employment Security Agencies, under which benefits are payable to unemployed individuals absent from the state in which benefit credits have been accumulated.
Interstate claimant—An individual who claims benefits under the unemployment insurance law of one or more liable states through the facilities of an agent state. The term does not include an individual who customarily commutes from a residence in an agent state to work in a liable state unless the Bureau finds that this exclusion would create undue hardship on the claimants in specified areas.
Liable state—A state against which an individual files, through another state, a claim for benefits.
Registered for work—When a claimant has appeared at a regularly established public employment office and has completed and signed an Application for Benefits, Form UC-42; and when, upon request, he has furnished that office with the accepted title for the occupations at which he is usually employed.
Registration for work—When an individual has appeared in person at a public employment office and has furnished that office with his name, usual occupation and correct post office address and has declared his availability for suitable work.
State—The term includes Puerto Rico, the Virgin Islands and the District of Columbia.
Week of unemployment—Any week of unemployment as defined in the law of the liable state from which benefits with respect to the week are claimed.]
Subchapter B. PREREQUISITES FOR ELIGIBILITY REGISTRATION FOR WORK § 65.11. [Effective period] Work registration; effective period.
[A registration for work created by the actions stated in § 65.1 (relating to definitions) shall continue in effect as follows:
(1) For a period of 3 weeks following the date of the valid application for benefits.
(2) As long as the claimant continues to file claims for weeks of unemployment ending at intervals of not more than 3 weeks, the first of which claims was for a week ending within the 3 week period following the date of the valid application for benefits.]
(a) A claimant who files an application for benefits in accordance with § 65.41 (relating to filing
methods) and declares his availability for suitable work has registered for work for purposes of section 401(b) of the law (43 P. S. § 801(b)). The work registration is effective on the date that the application is effective in accordance with § 65.42 (relating to application for benefits—effective date) or § 65.43a (relating to extended filing) and remains in effect for the benefit year corresponding to the application and any subsequent period for which benefits are payable pursuant to the application.(b) When a claimant files an application for benefits in accordance with § 65.41, the Department will provide information relevant to the claimant's reemployment and receipt of employment services to the employment office.
§ 65.12. [Registration renewals] (Reserved).
[(a) If, during the claim-filing period, commencing with the date of the valid application for benefits, the interval between claims exceeds 3 weeks, the claimant shall renew his registration for work by appearing at a regularly established public employment office and completing and signing a Notice of Registration Renewal and Request for Separation Information, Form UC-45A.
(b) The registration for work resulting from a registration renewal shall continue in effect in the same manner and under the same conditions as a registration for work resulting from an application for benefits.]
§ 65.13. [Predated claims] (Reserved).
[(a) Registration renewals may be predated for the same reasons and the same periods of time permitted for an application for benefits, as provided by §§ 65.41—65.43 (relating to procedure; date of filing; and places of filing).
(b) If an application for benefits, a registration renewal or a claim for a week of unemployment filed by a claimant is predated for any reason given in this subsection, the requirement that the claimant is registered for work will be waived for the number of weeks specified for the applicable reason, or for the total of the specified number of weeks for the applicable reasons where there is a combination of more than one reason and in each instance the term week means the calendar week, Sunday through Saturday, immediately preceding the week, which includes the day on which the application for benefits, registration renewal or claim was actually filed:
(1) The inaccessibility of the local public employment office, or the infrequency of the periodic itinerant service established for the area in which the claimant is filing his application or claim, shall permit a waiver of not more than 2 weeks.
(2) The closing of an office due to a Sunday or holiday shall permit a waiver of not more than 2 weeks.
(3) The inability of the office to take the claimant's application or claim on the day he reported for that purpose or the postponement of application or claims taken by the office for administrative reasons shall permit a waiver of not more than 6 weeks.
(4) The refusal of the office to accept the application or claim as a result of an error or mistake shall permit a waiver of not more than 52 weeks.
(5) Pending determination of the eligibility of similarly situated employes under section 402(d) of the law (43 P. S. § 802(d)) if the application or claim is filed within 6 weeks after the determination has become final.
(6) The claimant's failure to file an application for benefits or registration renewal due to erroneous advice by his employer that he would be recalled to work within 1 week shall permit a waiver for not more than 2 weeks.
(7) The claimant's failure to file a claim for a week of unemployment due to sickness of the claimant, a sickness or death of another member of the claimant's family, or an act of God shall permit a waiver for not more than 2 weeks.
(8) The claimant's failure to file a claim for a week of unemployment if the claimant became employed shall permit a waiver for not more than 4 weeks.
(9) If the claimant files for a week of partial unemployment a waiver for that week shall be permitted regardless of when the claim is actually filed.
(c) The period of time during which the registration for work is waived may not exceed the period of time by which the application for benefits, registration renewal or claim, was predated, nor may the effective date of the registration for work be a day previous to the date of the application for benefits, registration renewal or the first day of a week of unemployment with respect to which a claim is filed.]
§ 65.14. Additional information.
[Nothing in this subchapter shall be construed to prevent the Department from requiring of a claimant additional information with respect to his work history and occupational aptitudes in a manner and on forms which it may require.] A claimant shall provide all information required by the Department to facilitate reemployment, including the claimant's work history, education and receipt of employment services.
§ 65.15. [Claims filed in other states] (Reserved).
[A claimant, filing claims in another state under the section 312 of the law (43 P. S. § 792), will be considered to have registered for work when he has complied with the registration for work requirements of the state in which he is filing his claim. Registration for work shall continue in effect for the length of time provided by the laws, regulations and procedures of the state in which he is filing his claim.]
OFFERS OF SUITABLE WORK § 65.21. [Disqualification for benefits] (Reserved).
[In accordance with the provisions of section 402(a) of the law (43 P. S. § 802), an employe shall be ineligible for benefits for any week in which he is unemployed because he has refused without good cause an offer for suitable work made either by the local public employment office or by an employer who notifies the employment office within 7 working days of his offer to the potential employe.]
§ 65.22. Applicable rules.
(a) With respect to offers of suitable work made by an employer, the following rules apply:
* * * * * (2) The [notification shall be made] employer shall give notice of the offer to the [local public employment office] UC Office at which the [employe] employee has filed or may file an application for benefits [or a registration renewal].
(3) The offer to the [employe] employee may be in writing, in which case a carbon copy or an exact duplicate shall be furnished to the [employment office] UC Office within 7 working days after the mailing of the offer. If the employer's offer is not made in writing, as, for example, where it is made by telephone, the employer shall provide the [employment office] UC Office with a detailed written description of the offer within 7 working days after the making thereof. Regardless of the manner in which the offer is communicated to the [employe, it] the employer shall include in the offer all of the following:
* * * * * (v) [An] Any unusual requirement or condition of work.
(b) [Where] When the employer who makes the offer has employed the [employe] employee after the beginning of the [employe's] employee's base year and, in [his] the offer of employment to the [employe] employee, states that the conditions of the job are substantially the same as those under which the [employe] employee last worked for the employer, the requirements enumerated in subsection (a) are not required to be included.
(c) If the job offered the [employe] employee is covered under a labor-management agreement and a statement to this effect is made in the offer of employment, no further description [will be] is required.
(d) [It will be the responsibility of the Department, before] Before issuing a decision on a claim for benefits, [to] the Department will determine on the basis of facts whether the work offer was suitable within the meaning of section 4(t) of the law (43 P. S. § 753(t)).
Subchapter C. APPLICATION PROCEDURE [CLAIMS FOR COMPENSATION] § 65.31. [Filing] (Reserved).
[Claims for compensation shall be filed personally by the claimant on official forms available for that purpose at local public employment offices, Monday through Friday, unless closed due to a holiday or by official pronouncement.]
§ 65.32. [Week of unemployment] (Reserved).
[(a) The week of unemployment with respect to which a claim is filed shall be the calendar week preceding the week which includes the day on which the claim is actually or constructively filed; except that those individuals who are filing claims for compensation for a period of unemployment which began prior to the effective date of this section shall continue to file claims for weeks of any 7 consecutive days for as long as that period of unemployment continues and they are otherwise eligible.
(b) Notwithstanding the provisions contained in this section, the local offices shall insure that claimants be scheduled to report for the purpose of processing the first compensable week of their application on the first local office work day possible within the applicable time limits of this section regardless of the last digit of their Social Security number. Thereafter, claimants may be rescheduled in accordance with the digit reporting schedule.]
§ 65.33. [Predating] (Reserved).
[(a) A claim for a week of total, partial or part-total unemployment may be deemed to be constructively filed as of the first day of a calendar week previous to the week which includes the day on which it is actually filed when, in the opinion of the Bureau, the claimant was prevented, through no fault of his own, from filing his claims during the week immediately subsequent to the week for which the claim is filed because of one or more of the following reasons:
(1) The inability of the local public employment office to handle currently all claims, or the postponement of claims-taking by the local office for administrative reasons shall permit not more than 6 weeks of predating.
(2) The inaccessibility of the office in isolated areas, or the infrequency of the periodic itinerant service established for the area in which the claimant resides shall permit not more than 2 weeks of predating.
(3) The closing of an office due to a holiday or by official pronouncement shall permit not more than 2 weeks of predating.
(4) The refusal of an office to accept a claim as a result of an error or mistake shall permit not more than 52 weeks of predating.
(5) Sickness or death of another member of the claimant's immediate family or an act of God shall permit not more than 2 weeks of predating, provided the claimant was available for work during the week for which the claim is being filed.
(6) Illness or injury which incapacitates the claimant shall permit predating for the duration of the incapacitation plus 2 weeks but in no instance for more than 52 weeks, provided the claimant meets the eligibility requirements during the week for which the claim is being filed.
(7) If the claimant is employed not more than 4 weeks of predating shall be permitted. Where a claimant is filing claims for partial or part-total benefits not more than 4 weeks predating shall be permitted, commencing with the date on which the employer paid wages for the claim week in question.
(8) An appeal of a claimant from disqualification may permit not more than 4 weeks of predating while the appeal is pending.
(b) When a combination of more than one of the reasons outlined in subsection (a) has prevented the claimant from filing a claim and adherence to the most liberal limitation applicable to his case would be inequitable to the claimant, the predating provisions for applicable reasons shall be added and predating to the number of weeks which is equal to the sum of all applicable limitations shall be permitted.
(c) A claim for a week of total or part-total unemployment may be deemed to be constructively filed as of the first day of a calendar week previous to the week which includes the day on which it is actually filed, when a determination of the eligibility of similarly situated employes under section 402(d) of the law (43 P. S. § 802(d)) is pending, provided that the claim is filed within 6 weeks after the determination has become final.]
§ 65.35. [Ineligibility] (Reserved).
[An employe shall be ineligible for compensation for any week with respect to which or a part of which he has received or is seeking compensation under the provisions of an unemployment compensation law of any other state or of the United States. If it is finally determined that he is not entitled to compensation for the week this disqualification does not apply.]
APPLICATION FOR BENEFITS AND CLAIMS FOR COMPENSATION § 65.41. [Procedure] Filing methods.
(a) [Applications for benefits shall be filed on Form UC-42 in local public employment offices, Monday through Friday, unless closed due to a holiday or by official pronouncement.
(b) Claimants reporting to file new applications for benefits shall be served and their claims processed on the day they report, or are scheduled to report, regardless of the last digit of their Social Security numbers, unless it is factually determined that rescheduling, within applicable time limits of this section, is deemed necessary by the local office manager for administrative reasons.
(c) An application for benefits may be deemed to be constructively filed as of the first day of a calendar week previous to the week which includes the day on which it is actually filed when, in the opinion of the Bureau, the claimant was prevented or persuaded, through no fault of his own, from filing the application because of one of the following reasons; and in each instance the term week or weeks means the calendar week or weeks, Sunday through Saturday.
(1) The inaccessibility of the local public employment office in isolated areas, or the infrequency of the periodic itinerant service established for the area in which the claimant is filing an application shall permit not more than 2 weeks of predating.
(2) The closing of an office due to a holiday or by official pronouncement may permit not more than 2 weeks of predating.
(3) The inability of an office to take the claimant's application on the day on which he reported for the purpose, or the postponement of application taken by the office for administrative reasons may permit not more than 6 weeks of predating.
(4) Erroneous advice by his employer that he would be recalled to work within 1 week may permit not more than 2 weeks of predating.
(5) The refusal of the office to accept the application as a result of an error or mistake shall permit not more than 52 weeks of predating.
(d) Notwithstanding the criteria set forth in this section establishing maximum time limitations to and reasons for backdating an application for benefits, and for the purpose of insuring prompt adjudication of each application, the local employment office shall schedule or reschedule claimants, regardless of the last digit of their Social Security numbers, to report on the first local office work day possible within the applicable time limits of this section following the day on which their failure or inability to report was due to a reason specified in this section.
(e) An application for benefits may be deemed to be filed as of the first day of a calendar week previous to the week which includes the day on which it is actually filed, when a determination of the eligibility of similarly situated employes under section 402(d) of the law (43 P. S. § 802(d)) is pending, provided that the application is filed within 6 weeks after the determination has become final.]
An application for benefits shall be filed by one of the following methods:
(1) Telephoning a UC Office and providing all information required by the Department representative.
(2) Completing the Department's Internet application and electronically transmitting it to the Department.
(3) Completing the Department's application form and sending the form to a UC Office by United States Mail or transmitting the form to a UC Office by facsimile machine.
(b) A claim for compensation shall be filed by one of the following methods:
(1) Telephoning a UC Office and providing all information required by the Department representative.
(2) Telephoning the Department's telephone claim system and providing all information required by the system.
(3) Completing the Department's Internet claim and electronically transmitting it to the Department.
(c) The filing date of an application for benefits or a claim for compensation is:
(1) For applications and claims filed by telephone, the date when the telephone call occurs if the claimant provides all information required by the Department representative or the Department's telephone claim system.
(2) For applications and claims filed by the Internet, the date indicated on the confirmation page displayed upon completion of the filing process.
(3) For applications and claims filed by United States Mail:
(i) The date of the official United States Postal Service postmark on the envelope, a United States Postal Service Form 3817 (Certificate of Mailing) or a United States Postal Service certified mail receipt.
(ii) If there is no official United States Postal Service postmark, United States Postal Service Form 3817 or United States Postal Service certified mail receipt, the date of a postage meter mark on the envelope.
(iii) If the filing date cannot be determined by any of the methods in subparagraph (i) or (ii), the date recorded by the UC Office when it receives the application or claim.
(4) For applications filed by facsimile machine:
(i) The date of receipt imprinted by the UC Office fax machine.
(ii) If the UC Office fax machine does not imprint a legible date, the date of transmission imprinted by the sender's fax machine.
(iii) If the filing date cannot be determined by any of the methods in subparagraph (i) or (ii), the date recorded by the UC Office when it receives the application.
(d) Notwithstanding subsections (a)—(c), the Department may prescribe additional methods for claimants to file applications for benefits and claims for compensation and additional places where applications and claims may be filed. If the Department prescribes an additional method to file an application or claim, it will designate the date on which an application or claim is filed by that method.
(e) The Department may suspend use of one or more of the methods of filing applications for benefits and claims for compensation prescribed by subsections (a), (b) and (d) when it determines, in its discretion, that the method is obsolete, impractical, inefficient, or infrequently used.
§ 65.42. [Date of filing] Application for benefits—effective date.
[(a) Notwithstanding the provisions of § 65.41(b) (relating to procedure) an application for benefits shall be deemed to be filed as of the first day of any week for which a claim is filed for compensation for partial unemployment within the time limits prescribed under § 65.33 (relating to predating), if the claimant has not previously established a benefit year applicable to that week.
(b) A claim for a week of total or part-total unemployment may not be filed with respect to an application for benefits which is prior to the first day of the week which includes the day on which the application for benefits is actually filed, except within the time limits prescribed in § 65.41(b) and (c).]
An application for benefits is effective on the first day of the calendar week in which the application is filed or deemed filed in accordance with § 65.43a (relating to extended filing), whichever is earlier.
§ 65.43. [Places of filing] Claims for compensation—when to file.
[Notwithstanding the provisions of this chapter that applications for benefits, claims and work registrations shall be filed at local public employment offices, the Bureau may accept applications for benefits, claims and work registration at any other places which may be advisable and expedient.]
(a) Claims for compensation shall be filed biweekly in accordance with this subsection.
(1) The Department will establish a schedule of consecutive 2-week periods for each claimant, and may revise a claimant's schedule as necessary.
(2) At the end of each 2-week period for a claimant, the claimant may file claims for compensations for both of the weeks or a claim for compensation for one of the weeks. The claims or claim shall be filed no later than the last day of the week immediately following the 2-week period.
(b) Notwithstanding the provisions of subsection (a), the Department may allow a claimant to file a claim for compensation for the first week of a 2-week period before the 2-week period has ended. The claim shall be filed no later than the last day of the 2-week period.
§ 65.43a. Extended filing.
(a) For a week in which a claimant was employed less than his full time work, the claimant shall file a claim for compensation not later than the last day of the second week after the employer paid wages for that week. If the earliest week for which a claim for compensation is filed in accordance with this subsection precedes the week in which the claimant's application for benefits is filed or deemed filed, as determined without regard to this subsection, the Department will deem the application to be filed during the earliest week for which a claim is filed.
(b) If a determination regarding the eligibility of claimants under section 402(d) of the law (43 P. S. § 802(d)) is issued, similarly situated claimants shall file claims for compensation for weeks during the work stoppage not later than the last day of the 6th week after the determination becomes final. If the earliest week for which a claim for compensation is filed in accordance with this subsection precedes the week in which the claimant's application for benefits is filed or deemed filed, as determined without regard to this subsection, the Department will deem the application to be filed during the earliest week for which a claim is filed.
(c) The Department will deem an application for benefits to be filed prior to the week in which it actually is filed if the claimant did not file the application earlier for a reason listed in subsection (e). The Department will deem the application to be filed during the week that precedes the week of actual filing by the number of weeks indicated in subsection (e).
(d) If a claimant fails to file a claim for compensation within the time allowed in subsection (a) or (b) or § 65.43 (relating to claims for compensation—when to file), for a reason listed in subsection (e), the time for filing the claim is extended for the number of weeks indicated in subsection (e).
(e) For purposes of subsections (c) and (d) the number of weeks is determined as follows:
Reason Number
of weeksThe Department suspends accepting filings or is unable to handle all filings. 6 The claimant attempts to file by telephone, Internet or fax transmission in accordance with § 65.41 (relating to filing methods), the method used to attempt to file is unavailable or malfunctions, and the attempt to file occurs on the last day that the claimant could timely file by the method used. 2 A UC Office fails to accept a filing as a result of error or mistake by the Department. 52 Sickness or death of a member of the claimant's immediate family or an act of God. 2 Other, if the claimant makes all reasonable and good faith efforts to file timely but is unable to do so through no fault of the claimant. 2 (f) If a claimant fails to file a claim for compensation within the time allowed in subsection (a) or (b) or § 65.43 due to the claimant's illness or injury, the time for filing the claim is extended until the last day of the second week after the incapacity ends.
(g) The Department will deem an application for benefits to be filed no more than 2 weeks prior to the week in which it actually is filed if the claimant did not file the application earlier because an employer erroneously advised the claimant that the claimant would be recalled to work within 1 week.
(h) If two or more of the reasons enumerated in subsections (e) and (f) have prevented a claimant from filing a claim for compensation within the time allowed in subsection (a) or (b) or § 65.43, the longest extension applies. If adherence to the longest extension would be inequitable to the claimant, the sum of the applicable extensions applies.
(i) Notwithstanding any provision of this section, the Department may not extend the time for filing a claim for compensation more than 52 weeks and may not deem an application for benefits to be filed in a week included in a previous benefit year.
§ 65.44. [Information as to eligibility] (Reserved).
[A base-year employer or last employer, who, under the provisions of section 501(c) of the law (43 P. S. § 821(c)), desires to raise a question as to the eligibility of a claimant, may do so only in writing delivered to the local public employment office indicated on the form by which he has been notified that the claimant has filed an application for benefits.]
§ 65.56. Withdrawing an application for benefits.
(a) A claimant may request to withdraw an application for benefits and cancel the corresponding benefit year only if the following requirements are met:
(1) If benefits are paid to the claimant pursuant to the application or benefits otherwise payable to the claimant pursuant to the application are used to recoup an overpayment of benefits, the claimant's request to withdraw the application and cancel the corresponding benefit year is made no later than one of the following:
(i) Fifteen days after the Department issues the first payment of benefits or first uses benefits otherwise payable to recoup an overpayment.
(ii) Forty-five days after the Department issues the first payment of benefits or first uses benefits otherwise payable to recoup an overpayment, if the claimant is withdrawing the application and canceling the corresponding benefit year in order to file an application under the unemployment compensation law of another state or the Federal government.
(2) All benefits paid to the claimant pursuant to the application, if any, are repaid.
(3) If benefits otherwise payable to the claimant pursuant to the application are used to recoup an overpayment of benefits, the amount owed on the overpayment is restored to the amount owed prior to recoupment.
(4) The claimant has not been disqualified for benefits under sections 3, 402(a), 402(b), 402(e), 402(e.1) or 402(h) of the law or, if the claimant has been disqualified under any of those sections, the disqualification is terminated under section 401(f) of the law (43 P. S. § 801(f)) or § 65.62 (relating to duration of disqualification).
(b) A request to withdraw an application for benefits and cancel the corresponding benefit year is not effective until the Department approves it. The Department will deny a request to withdraw an application for benefits and cancel the corresponding benefit year if the requirements of this section are not met or good cause exists to disapprove the request.
(c) For purposes of this section, benefits paid to a claimant include amounts deducted from the claimant's benefits and paid on the claimant's behalf, including without limitation deductions for income tax withholding and support.
DECISIONS AND DISQUALIFICATIONS § 65.63. Filing of appeals.
Appeals filed under the provisions of section 501(e) of the law (43 P. S. § 821(e)) and further appeals filed under the provisions of section 502 of the law (43 P. S. § 822) shall be filed [through the local public employment office at which the claimant has filed his application or claim with respect to which the appeal is taken. Appeals and further appeals shall be in writing and shall state the reasons for the appeal] in accordance with Chapter 101 (relating to general requirements).
Subchapter D. PARTIAL UNEMPLOYMENT AND DECEASED OR INCOMPETENT CLAIMANTS § 65.73. Full-time work.
(a) A claimant's full-time work for purposes of section 4(u) of the law (43 P. S. § 753(u)) shall be determined in accordance with the following:
(1) Except as provided in paragraphs (4) and (5), a claimant's full-time work is determined by reference to the claimant's base year, as follows:
(i) The total number of hours the claimant worked in the base year for all employers is divided by the number of weeks in the base year in which the claimant worked to determine the claimant's full-time work.
(ii) If information for only a portion of the base year is available, the formula in subparagraph (i) is applied to the portion of the base year for which information is available to determine the claimant's full-time work.
(iii) If the claimant's full-time work cannot be determined in accordance with subparagraph (i) or (ii), the Department may determine the claimant's full-time work by another method that calculates the average number of hours per week that the claimant worked during weeks in the claimant's base year in which the claimant worked.
(2) For purposes of paragraph (1), the number of hours that a claimant worked during a week in the base year for an employer in excess of the customary number of hours the claimant worked per week for that employer in the base year is excluded from the determination of the claimant's full-time work.
(3) For purposes of paragraph (1), if a claimant's normal work schedule in the base year consisted of multiple week cycles, and the cycle normally included one or more weeks during which the claimant did not work, all weeks in the cycle are deemed weeks in which the claimant worked.
(4) If a claimant voluntarily leaves employment to accept new employment that provides fewer hours of work, the number of hours the claimant customarily works at the new job constitutes the claimant's full-time work.
(5) If a claimant limits the number of hours per week the claimant will work, that number of hours constitutes the claimant's full-time work.
(b) For purposes of section 4(u) of the law, if a claimant's normal work schedule during the benefit year consists of multiple week cycles, and the claimant normally works a different number of hours, which may include zero, during the weeks in the cycle, for each week in the cycle the claimant is deemed to be working the number of hours determined by dividing the total number of hours worked during the cycle by the number of weeks in the cycle.
Subchapter E. ELIGIBILITY IN CONJUNCTION WITH OTHER PAYMENTS RETIREMENT PENSIONS AND ANNUITIES § 65.102. Application of the deduction.
* * * * * (d) The Department will [deduct all Social Security retirement pensions which are based upon the claimant's previous work or self-employment, or both, including primary Social Security, old age and retirement disability benefits] not deduct pensions paid under the Social Security Act (42 U.S.C.A. §§ 301—1397jj) or the Railroad Retirement Act of 1974 (45 U.S.C.A. §§ 231—231u), if the claimant contributed to the pension in any amount, and will not deduct Social Security payments that are not based on the claimant's previous work, such as Supplemental Security Income.
[(1) The Department will not deduct Social Security payments which are not based on the claimant's previous work, such as Supplemental Security Income.
(2) The Department will deduct pensions paid under the Social Security Act (42 U.S.C.A. §§ 301—1397e) and the Railroad Retirement Act (45 U.S.C.A. §§ 231—231s) when the claimant's base year employer contributed to the pension plan. The pensions are deductible irrespective of whether the claimant's base year employment affected the eligibility for, or increased the amount of, the pension.]
* * * * * (j) The Department will not deduct pension payments if the services performed by the individual during the base period or the remuneration received for those services from a base period or chargeable employer did not affect the individual's eligibility for, or increase the amount of, the pension[, except for pensions paid under the Social Security Act and the Railroad Retirement Act].
* * * * * Subchapter F. COMPUTATIONS DETERMINATION OF WEEKLY BENEFIT RATE § 65.117. [Appeals] (Reserved).
[(a) For the purpose of appeals filed by employers the date of decision with respect to determination of the weekly benefit rate of a claimant shall be the date on which the Notice of Financial Determination (Form UC-44F) indicating the weekly benefit rate was mailed to the employer.
(b) For the purpose of appeals filed by claimants the date of the decision shall be the date on which the Notice of Financial Determination (Form UC-44F) indicating the weekly benefit rate was personally delivered to him.
(c) In order to avoid multiplicity of appeals, whenever, pending an appeal, an issue arises as to the weekly benefit rate the issue shall be determined by the Department and submitted to the appropriate appellate tribunal for inclusion in the pending appellate proceedings and decision thereon.]
Subchapter G. INTERSTATE CLAIMS COMPENSATION TO INTERSTATE CLAIMANTS § 65.139. Definitions.
In addition to the words and terms defined in § 61.1 (relating to definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Agent state—A state in which an individual files a claim for benefits from another state.
Benefits—Compensation payable to an individual with respect to the individual's unemployment, under the unemployment insurance law of a state.
Interstate Benefit Payment Plan—The plan approved by the National Association of State Workforce Agencies, under which benefits are payable to unemployed individuals absent from the state in which benefit credits have been accumulated.
Interstate claimant—
(i) An individual who claims benefits under the unemployment insurance law of one or more liable states through the facilities of an agent state.
(ii) The term does not include an individual who customarily commutes from a residence in an agent state to work in a liable state unless the Department finds that this exclusion would create undue hardship on the claimants in specified areas.
Liable state—A state against which an individual files, through another state, a claim for benefits.
State—The term includes Puerto Rico, the Virgin Islands and the District of Columbia.
Week of unemployment—Any week of unemployment as defined in the law of the liable state from which benefits with respect to the week are claimed.
Subchapter H. ALLOWANCES FOR DEPENDENTS § 65.156. Reserve accounts of employers.
(a) [Allowances for dependents are not chargeable to the reserve accounts of employers.
(b)] If a reserve account for an employer subject to this act is not authorized or not required to be maintained under criteria established in the law, allowances for dependents shall be subject to a reimbursement as follows:
* * * * * (2) The Unemployment Compensation Fund [will] shall be reimbursed for dependent's allowance paid as a result of service in the employ of a reimbursable nonprofit organization as defined under section 1101 of the law (43 P. S. § 901). Charges will be made to the employer's account in accordance with section 1108 of the law (43 P. S. § 908). Reimbursement will be made in accordance with section 1106 of the law (43 P. S. § 906).
(3) The Unemployment Compensation Fund shall be reimbursed for dependent's allowance paid as a result of service in the employ of a reimbursable instrumentality or political subdivision of this Commonwealth as defined under section 1201 of the law (43 P. S. § 911). Charges will be made to the employer's account in accordance with section 1203 of the law (43 P. S. § 913). Reimbursement shall be made in accordance with section 1202.4 of the law (43 P. S. § 912.4).
(4) The Unemployment Compensation Fund [will] shall be reimbursed based upon the percent of charge for dependent's allowance paid on a combined wage claim. The transferring state's reimbursement shall be in accordance with arrangements entered into under section 312 of the law (43 P. S. § 792).
[Pa.B. Doc. No. 10-937. Filed for public inspection May 21, 2010, 9:00 a.m.]
