Pennsylvania Unemployment Compensation Law

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PennsylvaniaUnemploymentCompensationLaw2017 EditionThis booklet is intended for general informationand is NOT an OFFICIAL copy of the PennsylvaniaUnemployment Compensation Law.A-1936-1 REV 12-17

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW“UNEMPLOYMENT COMPENSATION LAW” (1937 P.L.)Act of Dec. 5, 1936, Special Session 2, P.L. 2897, No. 1Cl.43Special Session No. 2 of 1936No. 1936-1AN ACTEstablishing a system of unemployment compensation to be administered by theDepartment of Labor and Industry and its existing and newly created agencies withpersonnel (with certain exceptions) selected on a civil service basis; requiring employersto keep records and make reports, and certain employers to pay contributions based onpayrolls to provide moneys for the payment of compensation to certain unemployedpersons; providing procedure and administrative details for the determination, paymentand collection of such contributions and the payment of such compensation; providingfor cooperation with the Federal Government and its agencies; creating certain specialfunds in the custody of the State Treasurer; and prescribing penalties.TABLE OF CONTENTSUC LawSectionPurdon’sCitation43 PS §PageNo.ARTICLE IPRELIMINARY PROVISIONSSection 1.Section 2.Section 3.Section 4.Enacting ClauseShort TitleDeclaration of Public PolicyDefinitions--7517527531111Section 5.Constitutional Construction7542876128762762.1293076330ARTICLE IIADMINISTRATION OF ACTSection 201.General Powers and Duties ofDepartmentSection 202.Section 202.1.Personnel and Employment OfficesUnemployment Compensation ServiceCentersUnemployment Compensation Board ofReviewSection 203.i

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWPurdon’sCitation43 PS §PageNo.Advisory Council (Repealed)State Unemployment CompensationAdvisory CouncilStabilization of Employment; Partial andSeasonal UnemploymentsRecords of and Reports by Employers764764.132327653676637Section 207.Cooperation with Social Security Boardand Other Agencies76738Section 208.Civil Service; Selection of Personnel;Additional Duties of Secretary andBoard (Repealed)76839Section 208.1.Civil Service Appointment of Personnel(Repealed)768.139Section 209.Section 210.Obsolete Files, Records, etcReciprocal Arrangements with ForeignGovernmentsFund Analysis (Repealed)769770394077140772773404077442ARTICLE IIICONTRIBUTIONS BY EMPLOYERS AND EMPLOYESSection 301.Contributions by Employers and781Employees; Successors-In-Interest;Appeals42Section 301.1.UC LawSectionSection 204.Section 204.1.Section 205.Section 206.Section 211.Section 212.Section 213.Section 214.Referral to Employment OfficesRelief from Charges for CertainEmployersRepresentation in Proceedings781.153Section 301.2.Section 301.3.Determination and Contribution Rate;Experience RatingAdditional ContributionsAdditional Contributions (Repealed)781.2781.36162Section 301.4.Section 301.5.Contributions by EmployesSurcharge781.4781.56271ii

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWUC LawSectionPurdon’sCitation43 PS §PageNo.Section 301.6.Additional Contribution for Interest andDebt Service781.671Section 301.7.Section 301.8.Section 301.9.Trigger DeterminationsTrigger Rate RedeterminationsService and Infrastructure ImprovementFund781.7781.8781.9727577Section 302.Establishment and Maintenance ofEmployer’s Reserve Accounts78280Section 302.1.Section 303.Section 304.Section 305.Relief from Charges(Repealed)Reports by Employers; AssessmentsPayment of Contributions; JeopardyAssessmentsFraction of a Cent782.17837847858387878978690Section 307.Section 308.Section 308.1.Interstate CommerceInterest on Past Due Contributions787788788.1909090Section 308.2.Purchase of Property at Judicial Sale;DisposalTransfer of Assets; Liability of ion 311.Section 312.Section 313.Priorities under Legal Dissolutions andDistributionsRefunds and AdjustmentsReciprocal AgreementsDishonored Payments7917927939697100Section 314.Shortfall Reduction (Repealed)794101Section 306.Section 308.3.Section 309.Section 309.1.Section 309.2.Section 310.Contributions to be Liens; Entry andEnforcement ThereofCollection of Contributions and Interest;InjunctionsCompromisesLimitations Upon Enforcement ofPayment of Contributions, Interest andPenaltiesiii

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWUC LawSectionSection 315.Registration and other reportsPurdon’sCitation43 PS 5143143143143808143811144812149ARTICLE IVCOMPENSATIONSection 401.Section 402.Section 402.1.Section 402.2.Section 402.3.Section 402.4.Section 402.5.Section 402.6.Section 403.Section 404.Section 404.1.Section 405.Section 406.Section 407.Qualifications Required to SecureCompensationIneligibility for CompensationBenefits Based on Service forEducational InstitutionsBenefits Based on Service byProfessional AthletesEligibility of AliensEligibility of Officers of a CorporationDeemed to be Self-Employed PersonsEligibility of Seasonal Workers in fruitand vegetable food processingIneligibility of Incarcerated EmployePayment of Compensation DueDeceased ClaimantsRate and Amount of CompensationExtension of Benefits; Benefit ChargesDuties of EmployersNonliability of CommonwealthSection 408.Compensation to Members of the ArmedForces (Repealed)Limitation on the Validity of ClaimsSection 401-A.ARTICLE IV-AEXTENDED BENEFITS PROGRAMDefinitionsSection 402-A.Effect of State Law Provisions Relatingto Regular Benefits on Claims for, andthe Payment of, Extended Benefitsiv

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWPurdon’sCitation43 PS §PageNo.Eligibility Requirements for ExtendedBenefits and Shareable Regular BenefitsWeekly Extended Benefit AmountTotal Extended Benefit AmountBeginning and Termination of ExtendedBenefit Period813150814815816153153154Benefit ChargesIncorporation of Federal Law817818155155821822156158823158824825159159Place of HearingPower to Administer Oaths; SubpoenasProcedure where Summons orSubpoenas DisobeyedProtection Against Self-IncriminationFinality of Decisions825.1826827163163163828829161161Section 510.Section 510.1Appeals to Superior Court (Repealed)830830.1162162Section 511.Exceptions and Bond Not Necessary; NoSupersedes to Be Granted (Repealed)Final Order of Board831162832162UC LawSectionSection 403-A.Section 404-A.Section 405-A.Section 406-A.Section 407-A.Section 408-A.ARTICLE VDETERMINATION OF COMPENSATION;APPEALS; REVIEWS; PROCEDURESection 501.Section 502.Section 503.Section 504.Section 505.Section 505.1.Section 506.Section 507.Section 508.Section 509.Section 512.Determination of Compensation AppealsDecision of Referee; Further Appealsand ReviewsDisqualifications to Participate inHearingsPowers of Board Over ClaimsRules and ProcedureAppeal to Commonwealth Court(Repealed)v

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWPurdon’sCitation43 PS §PageNo.Unemployment Compensation FundSpecial Administration FundDebt Service FundUnemployment Compensation TriggerReserve AccountJob Training ment FundAdministration FundReimbursement of FundsMoneys Received from Social SecurityAct or Wagner-Peyser ActMoney Credited under Section 903 of theFederal Social Security Act (42 U.S.C. on 602-A.Section 603.Section 604.Section 605.Audit of FundsState Treasurer as CustodianBudgetary Provisions Not Applicable842.A843844845172173173173Section 606.Transfer of Funds to RailroadUnemployment Insurance Account(Repealed)846174Section 607.Moneys Advanced Under Title XII ofthe Social Security Act (Repealed)847174Section 608.Extended or Supplemental Benefitsunder Federal LawConformity with Federal Standards848174849174UC LawSectionARTICLE VIUNEMPLOYMENT COMPENSATION FUNDAND ADMINISTRATION FUNDSection 601.Section 601.1.Section 601.2.Section 601.3.Section 601.4.Section 601.5.Section 602.Section 602.1.Section 602.2.Section 602.3.Section 609.Management of Funds uponDiscontinuance of Unemployment TrustFundvi

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWPurdon’sCitation43 PS §UC LawSectionPageNo.ARTICLE VIIPROTECTION OF RIGHTS AND COMPENSATIONSection 701.Section 702.Section 703.Section 703.1.Certain Agreements Void; PenaltyLimitation of FeesNo Assignment of Compensation;ExemptionsChild Support Intercept ofUnemployment CompensationSection 703.2.Voluntary Federal Income TaxWithholdingSection 704.Section 705.Deductions from Back Wage AwardsRecoupment and/or set offUnemployment Compensation 8178ARTICLE VIII PENALTYPROVISIONSSection 801.False Statements and Representations toObtain or Increase Compensation; OtherOffenses871179Section 802.False Statements and Representations toPrevent or Reduce CompensationMonetary penaltiesViolation of Act and Rules andRegulations872180872.1873182184Section 802.1.Section 803.Section 804.Recovery and Recoupment ofCompensation874185Section 805.Periodic Spot Checks875187881-----187187187ARTICLE IXSAVING CLAUSE; REPEALS; EFFECTIVE DATESection 901.Section 902.Section 903.Saving ClauseRepealsEffective Datevii

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWPurdon’sCitation43 PS §UC LawSectionPageNo.ARTICLE XBENEFITS TO EMPLOYES OF THE COMMONWEALTHSection 1001.Section 1002.Section 1003.State EmployesServices Excluded from ICLE XIEMPLOYES OF NONPROFIT ORGANIZATIONSSection 1101.Nonprofit Organization Defined901Section 1102.Employment by Nonprofit Organizations902190190Section 1103.Section 1104.Section 1105.Section 1106.Section 1107.Section 1108.Liability for ContributionsElection of ReimbursementMethod of ElectionReimbursement PaymentsTermination of ElectionsAllocation of Benefit Costs903904905906907908190191191192193193Section 1109.Section 1110.Group AccountsNo Offset of Benefits909910194195ARTICLE XIIEMPLOYES OF POLITICAL SUBDIVISIONSSection 1201.Section 1202.Section 1202.1.Section 1202.2.Section 1202.3.Political Subdivision EmployesContributionsLiability for ContributionsElection of ReimbursementMethod of n 1202.4.Section 1202.5.Section 1203.Section 1204.Reimbursement PaymentsTermination of ElectionsAllocation; Group AccountsNo Offset of Benefits912.4912.5913914198199199199viii

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWPurdon’sCitation43 PS §PageNo.DefinitionsApplication to approve shared-workplanShared-work plan requirementsApproval or disapproval of shared-workplanEffective period of shared-work 16.7916.8204206207916.9207Section 1310.Criteria for compensationParticipating employer responsibilitiesModification of an approved shared-workplanTermination of an approved shared-workplanDepartment discretion916.10207Section 1311.Section 1312.Section 1313.Publication of 08208UC LawSectionARTICLE XIIISHARED-WORK PROGRAMSection 1301.Section 1302.Section 1303.Section 1304.Section 1305.Section 1306.Section 1307.Section 1308.Section 1309.ARTICLE XIVUNEMPLOYMENT COMPENSATION BONDSSection 1401.Section 1402.Section 1403.Section 1404.DefinitionsBond issuanceCriteria for bond issuanceIssuance of bonds and security917.1917.2917.3917.4208209210211Section 1405.Section 1406.Section 1407.Section 1408.Sale of bondsUse of bond proceedsPayment of bond-related obligationsCommonwealth not to impair bondrelated obligations917.5917.6917.7917.8211212213214ix

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWUC LawSectionSection 1409.Section 1410.Section 1411.No personal liabilityExpirationAnnual report requiredPurdon’sCitation43 PS §PageNo.917.9917.10917.11214214214ARTICLE XVUNEMPLOYMENT COMPENSATION AMNESTY PROGRAMSection 1501.Definitions918.1Section 1502.Program established918.2215215Section 1503.Section 1504.Section 1505.Section 1506.918.3918.4918.5918.6215217218219Section 1507.Section 1508.ApplicabilityProcedure for participationRequired payment and terms of amnestyAdditional terms and conditions ofamnestyDuties of departmentConstruction918.7918.8220221Section 1509.Section 1510.Suspension of inconsistent actsReport required918.9918.10221221ARTICLE XV-AAMNESTY PROGRAMSection 1501.A.Section 1502.A.Section 1503.A.Section 1504.A.DefinitionsProgram establishedApplicabilityProcedure for on 1505.A.Section 1506.A.Required payment and terms of amnestyAdditional terms and conditions ofamnesty919.5919.6225226Section 1507.A.Section 1508.A.Section 1509.A.Section 1510.A.Duties of departmentConstructionSuspension of inconsistent actsReport required919.7919.8919.9919.10227228228228x

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWPurdon’sCitation43 PS §UC LawSectionPageNo.APPENDIX------Supplementary Provisions of Amendatory Statutes------1977, JULY 9, P.L.41, NO.221979, DECEMBER 12, P.L.503, NO.1081981, OCTOBER 22, P.L.301, NO.1062011, JUNE 17, P.L.16, NO.62012, JUNE 12, P.L. 577, NO. 60-----------2292292302312332013, JULY 2, P.L. 195, NO. 342013, OCTOBER 23, P.L. 637, NO. 752016, NOVEMBER 3, P.L. 1100, NO. 1442017, APRIL 24, P.L. 1, NO. 12017, DECEMBER 20, P.L. 1191, NO. 60-----------235235236237237xi

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWARTICLE IPRELIMINARY PROVISIONSSection 1. Enacting Clause.--Be it enacted, &c., That,Section 2. Short Title.--This act shall be known, and may be cited, as the“Unemployment Compensation Law.”Section 3. Declaration of Public Policy.--Economic insecurity due tounemployment is a serious menace to the health, morals, and welfare of the people ofthe Commonwealth. Involuntary unemployment and its resulting burden of indigencyfalls with crushing force upon the unemployed worker, and ultimately upon theCommonwealth and its political subdivisions in the form of poor relief assistance.Security against unemployment and the spread of indigency can best be providedby the systematic setting aside of financial reserves to be used as compensation forloss of wages by employes during periods when they become unemployed throughno fault of their own. The principle of the accumulation of financial reserves, thesharing of risks, and the payment of compensation with respect to unemploymentmeets the need of protection against the hazards of unemployment and indigency. TheLegislature, therefore, declares that in its considered judgment the public good andthe general welfare of the citizens of this Commonwealth require the exercise of thepolice powers of the Commonwealth in the enactment of this act for the compulsorysetting aside of unemployment reserves to be used for the benefit of personsunemployed through no fault of their own.Section 4. Definitions.--The following words and phrases, as used in this act, shallhave the following meanings, unless the context clearly requires otherwise.(a)“Base year” means the first four of the last five completed calendar quartersimmediately preceding the first day of an individual’s benefit year.((a) amended July 10, 1980, P.L.521, No.108)(b)“Benefit Year” with respect to an individual who files or has filed a “ValidApplication for Benefits” means the fifty-two consecutive week periodbeginning with the day as of which such “Valid Application for Benefits”is filed, and thereafter the fifty-two consecutive week period beginningwith the day as of which such individual next files a “Valid Application forBenefits” after the termination of his last preceding benefit year.((b) amended Dec. 5, 1974, P.L.771, No.262)1

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW(c)“Board” means the Unemployment Compensation Board of Reviewestablished by this act.((c) amended May 23, 1949, P.L.1738, No.530)(d)“Calendar quarter” means the period of three consecutive calendar monthsending on March thirty-first, June thirtieth, September thirtieth or Decemberthirty-first, or the equivalent thereof, as determined in accordance withgeneral rules of the department.((d)amended May 23, 1949, P.L.1738, No.530)(e)((e) repealed June 22, 1964, Sp.Sess., P.L.112, No.7)(f)“Compensation” means:(1)money payments payable to individuals with respect to theirunemployment as provided in this act; and(2)to the extent permitted by law, that part of the principal owed onbonds issued under Article XIV of this act that is attributable torepayment of the principal of advances under Title XII of the SocialSecurity Act (58 Stat. 790, 42 U.S.C. § 1321 et seq.), exclusive ofany interest or administrative costs associated with the bonds.((f)amended June 12, 2012, P.L.577, No.60)(g)“Contributions” means the money payments required to be paid into theUnemployment Compensation Fund by employers, with respect toemployment, which payments shall be used for the creation of financialreserves for the payment of compensation as provided in this act. Thismeaning includes, where appropriate in the enforcement provisions of this act,payments in lieu of contributions required to be paid by employers operatingon a reimbursement basis as provided in Articles X, XI and XII of this act.“Contributions” also means, where appropriate in this act, money paymentsrequired to be paid into the Unemployment Compensation Fund by employesas provided in this act.((g)amended July 21, 1983, P.L.68, No.30)(g.1) “Credit week” means any calendar week in an individual’s base year withrespect to which he was paid in employment as defined in this act,2

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWremuneration of not less than:(1)One hundred dollars ( 100). This paragraph shall expireDecember 31, 2014.(2)Sixteen (16) times the minimum hourly wage required by the act ofJanuary 17, 1968 (P.L.11, No.5), known as “The Minimum WageAct of 1968.” This paragraph shall take effect January 1, 2015.Only one credit week can be established with respect to any onecalendar week.((g.1) amended June 20, 2011, P.L.16, No.6)(h)“Department” means the Department of Labor and Industry of the Commonwealthof Pennsylvania.((h)amended May 23, 1949, P.L.1738, No.530)(h.1) “Disaster” means a fire, flood or other physical occurrence, beyond theemployer’s control, caused naturally or accidentally.((h.1) added Dec. 19, 1996, P.L.1476, No.189)(i)“Employe” means every individual, whether male, female, citizen, alien orminor, who is performing or subsequent to January first, one thousandnine hundred thirty-six, has performed services for an employer in anemployment subject to this act.((i)amended May 23, 1949, P.L.1738, No.530)(j)(1)“Employer” means the Commonwealth of Pennsylvania, itspolitical subdivisions, and their instrumentalities and everyindividual, copartnership, association, corporation (domesticor foreign) or other entity, the legal representative, trustee inbankruptcy, receiver or trustee of any individual, copartnership,association or corporation or other entity, or the legal representativeof a deceased person, who or which employed or employs anyemploye in employment subject to this act for some portion of a dayduring a calendar year, or who or which has elected to become fullysubject to this act, and whose election remains in force.(2)Each individual employed to perform or to assist in performing3

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWwork of any agent or employe of an employer shall be deemedto be employed by such employer for all the purposes of this act,whether such individual was hired or paid directly by such employeror by such agent or employe, provided the employer had actualor constructive knowledge of the work (except as provided insubsection (l)(3)(G) of this section).(2.1)An individual or entity that transfers some or all of its work force to thepayroll of another individual or entity, directly or indirectly, as part ofor resulting in an arrangement whereby the individual or entity sharesemployer functions with respect to some or all of its work force withthe other individual or entity shall be the employer of the employeor employes covered by the arrangement with the other individual orentity. This paragraph shall include, without limitation, an arrangementknown as a professional employer arrangement or employe leasingarrangement. This paragraph does not include a temporary helparrangement in which an individual or entity utilizes one or moreworkers supplied by another individual or entity to supplement itswork force in special, temporary work situations such as absences, skillshortages, seasonal work loads and special assignments.(3)Where an employer maintains more than one place of employmentwithin this Commonwealth, all of the employes at the several placesof employment shall be treated, for the purposes of this act, as ifemployed by a single employer.(4)Any individual, copartnership, association, corporation or other entitywho or which is not subject to this act may elect to become subjectthereto by filing with the department his or its written application.(5)An employer subject to this act may elect to include within theterm “employment,” subject to this act, services performed by hisor its employes with respect to which no contributions are requiredand paid under an unemployment compensation law of any otherstate, (a) if the employe or employes, included in such election,maintain a domicile within this Commonwealth and the servicesof such employe or employes, are performed entirely without thisCommonwealth, or (b) if the employe or employes included in theelection maintains no domicile within this Commonwealth but theservices of such employe or employes are (A) performed withoutthis Commonwealth and (B) are directed from this Commonwealth.4

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW(6)An employer, subject to this act, may elect to include within the term“employment,” subject to this act, services performed by his or itsemployes which are exempt under the provisions of subsection (l) ofsection four of this act.(7)Any election shall be subject to the approval of the department andshall become binding for not less than two calendar years.(8)Any services performed for an employer covered by an election,pursuant to this subsection, shall, during the effective period ofsuch election, be deemed to be employment for all the purposesof this act. Any election approved by the department, pursuant tothis subsection, shall cease to be effective only as of the first day ofJanuary of any calendar year subsequent to the initial two calendaryears thereof, and only if, at least thirty (30) days prior to such firstday of January, the employer has filed with the department a noticeof termination of his election. Notwithstanding any provisions ofthis subsection to the contrary, the department may at any time, onits own motion, cancel an election approved under the provisions ofthis subsection.((j)amended June 15, 2005, P.L.8, No.5)(k)“Employer’s Reserve Account” means the separate account established andmaintained by the department for each employer in the manner providedin section three hundred two hereof, including any balance of the reserveaccount of any other employer whose reserve account may have beentransferred to such employer.((k)amended May 26, 1949, P.L.1854, No.551)(l)(1)“Employment” means all personal service performed for remunerationby an individual under any contract of hire, express or implied, writtenor oral, including service in interstate commerce, and service as anofficer of a corporation.(2)The term “Employment” shall include an individual’s entire serviceperformed within or both within and without this Commonwealth, if-(A) The service is localized within this Commonwealth, or(B) The service is not localized in any state but some of the service5

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWis performed within this Commonwealth and (a) the base foroperations or place from which such service is directed orcontrolled is in this Commonwealth, or (b) the base for operationsor place from which such service is directed or controlled is notin any state in which some part of the service is performed, butthe individual’s residence is in this Commonwealth. Serviceshall be deemed to be localized within this Commonwealth if-(a) the service is performed entirely within this Commonwealth,or (b) the service is performed both within and without thisCommonwealth, but the service performed without thisCommonwealth is incidental to the individual’s service within thisCommonwealth as for example where it is temporary or transitoryin nature or consists of isolated transactions. Services performedwithout this Commonwealth shall not be included within the term“Employment” if contributions are required and paid with respectto such services under an unemployment compensation law ofany other state.Services performed by an individual for wages shall be deemedto be employment subject to this act, unless and until it is shownto the satisfaction of the department that--(a) such individualhas been and will continue to be free from control or directionover the performance of such services both under his contract ofservice and in fact; and (b) as to such services such individualis customarily engaged in an independently established trade,occupation, profession or business.(C)(3)The term “Employment” shall include an individual’s serviceswherever performed within the United States, the VirginIslands or Canada if-(i)such service is not covered under the unemploymentcompensation law of any other state, the Virgin Islandsor Canada, and(ii)the place from which the service is directed orcontrolled is in this Commonwealth.“Employment” shall also include-(A)Services covered by an election pursuant to section 4 (j) of thisact, and6

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW(B)Services covered by an arrangement pursuant to section 312of this act between the department and the agency of any otherstate or Federal Unemployment Compensation Law, pursuant towhich all services performed by an individual for an employingunit are deemed to be performed entirely within this State, shallbe deemed to be employment if the department has approvedan election of an employing entity for whom such services areperformed, pursuant to which the entire service of such individualduring the period covered by such election is deemed to beemployment.(C)Notwithstanding any other provisions of section 4(l), anindividual’s entire service as an officer or member of a crewof an American vessel on or in connection with such vessel,wherever performed, and whether in intrastate or interstate orforeign commerce, if the employer maintains within this Statethe operating office from which the operations of the Americanvessel, in respect to which such services are performed, areordinarily and regularly managed, supervised, directed andcontrolled.(D)Service of an individual who is a citizen of the UnitedStates after December 31, 1971, performed outside the UnitedStates (except in Canada and in the case of the Virgin Islandsafter December 31, 1971, and before January 1 of the yearfollowing the year in which the Secretary of Labor approvesfor the first time an unemployment insurance law submittedto him by the Virgin Islands for approval) in the employ ofan American employer (other than service which is deemed“employment” under the provisions of paragraph (2) of thissubsection or the parallel provisions of another state’s law), if:(a)the employer’s principal place of business in the Unitedstates is located in this State; or(b)the employer has no place of business in the UnitedStates, but(i)the employer is an individual who is a resident ofthis State; or7

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW(E)(ii)the employer is a corporation which is organizedunder the laws of this State; or(iii)the employer is a partnership or a trust and thenumber of the partners or trustees who areresidents of this State is greater than the numberwho are residents of any one other state; or(c)none of the criteria of divisions (a) and (b) of thissubparagraph is met but the employer has elected coveragein this State, or the employer having failed to elect coveragein any state, the individual has filed a claim for benefits,based on such service, under this act.(d)an “American employer” for purposes of thissubparagraph, means a person who is(i)an individual who is a resident of the United States; or(ii)a partnership if two-thirds or more of the partnersare residents of the United States; or(iii)a trust, if all of the trustees are residents of the UnitedStates; or(iv)a corporation organized under the laws of the UnitedStates or of any state.Service by an individual other than one who is an employeunder paragraphs (1) and (2) of this subsection who performsservices for remuneration for any person-(a)as an agent-driver or commission-driver engaged indistributing meat products, vegetable products, fruitproducts, bakery products, beverages (other than milk),or laundry or dry-cleaning services, for his principal;(b)as a traveling or city salesman, other than as an agentdriver or commission-driver, engaged upon a fulltime basis in the solicitation on behalf of, and thetransmission to, his principal (except for side-line salesactivities on behalf of some other person) of orders8

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAWfrom wholesalers, retailers, contractors, or operatorsof hotels, restaurants, or other similar establishmentsfor merchandise for resale or supplies for use in theirbusiness operations: Provided, That for the purposes ofthis subparagraph, the term “employment” shall includeservices described in (a) and (b) above performed afterDecember 31, 1971 only if:(i)the contract of service contemplates thatsubstantially all of the services are to beperformed personally by such individual;(ii)the individual does not have a substantialinvestment in facilities used in connection withthe performance of the services (other than infacilities for transportation); and(iii)the services are not in the nature of a singletransaction that is not part of a continuingrelationship with the person for whom theservices are perfo

PENNSYLVANIA UNEMPLOYMENT COMPENSATION LAW iii UC Law Section Purdon's Citation 43 PS § Page No. Section 301.6. Additional Contribution for Interest and Debt Service 781.6 71 Section 301.7. Trigger Determinations 781.7 72 Section 301.8. Trigger Rate Redeterminations 781.8 75 Section 301.9. Service and Infrastructure Improvement Fund 781.9 77

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