43 Pa. Stat. § 804 : Statutes (Unconsolidated) — LABOR — UNEMPLOYMENT COMPENSATION LAW — COMPENSATION — Rate and Amount of Compensation

Compensation shall be paid to each eligible employe in accordance with the following provisions of this section except that compensation payable with respect to weeks ending in benefit years which begin prior to the first day of January 1989 shall be paid on the basis of the provisions of this section in effect at the beginning of such benefit years.

(a)

(1) The employe's weekly benefit rate shall be computed as (1) the amount appearing in part b of the table specified for the determination of rate and amount of benefits on the line on which in part a there appears his "highest quarterly wage," or (2) fifty per centum (50%) of his full-time weekly wage, whichever is greater. Notwithstanding any other provision of this act, if an employe's weekly benefit rate, as calculated under this paragraph, is less than sixty-eight dollars ($68), he shall be ineligible to receive any amount of compensation. If the employe's weekly benefit rate is not a multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1).

(2) If the base year wages of an employe whose weekly benefit rate has been determined under clause (2) of paragraph (1) of this subsection are insufficient to qualify him under subsection (c) of this section, his weekly benefit rate shall be redetermined under clause (1) of paragraph (1) of this subsection.

(3) If an employe's weekly benefit rate as determined under clause (1) of paragraph (1) of this subsection, or redetermined under paragraph (2) of this subsection, as the case may be, is less than the maximum weekly benefit rate and the employe's base year wages are insufficient to qualify him under subsection (c) of this section but are sufficient to qualify him for any one of the next two lower weekly benefit rates, his weekly benefit rate shall be redetermined at the highest of such next lower rates.

(b) The "highest quarterly wages" of an employe shall be the total wages (computed to the nearest dollar) which were paid to such employe in that calendar quarter in which such total wages were highest during the base year.

(c) If an otherwise eligible employe has base year wages in an amount equal to, or in excess of, the amount of qualifying wages appearing in Part C of the Table Specified for the Determination of Rate and Amount of Benefits on the line on which in Part B there appears his weekly benefit rate, as determined under subsection (a) of this section and had eighteen (18) or more credit weeks during his base year, he shall be entitled during his benefit year to the amount appearing in Part B on said line multiplied by the number of credit weeks during his base year, up to a maximum of twenty-six (26). Notwithstanding any other provision of this act, any employe with less than eighteen (18) credit weeks during the employe's base year shall be ineligible to receive any amount of compensation.

(d)

(1) Notwithstanding any other provisions of this section each eligible employe who is unemployed with respect to any week ending subsequent to July 1, 1980 shall be paid, with respect to such week, compensation in an amount equal to his weekly benefit rate less the total of (i) the remuneration, if any, paid or payable to him with respect to such week for services performed which is in excess of his partial benefit credit, (ii) vacation pay, if any, which is in excess of his partial benefit credit, except when paid to an employe who is permanently or indefinitely separated from his employment and (iii) the amount of severance pay that is attributed to the week.

(1.1) For purposes of clause (1)(iii), all of the following apply:

(i) "Severance pay" means one or more payments made by an employer to an employe on account of separation from the service of the employer, regardless of whether the employer is legally bound by contract, statute or otherwise to make such payments. The term does not include payments for pension, retirement or accrued leave or payments of supplemental unemployment benefits.

(ii) The amount of severance pay attributed pursuant to subclause (iii) shall be an amount not less than zero (0) determined by subtracting forty per centum (40%) of the average annual wage as calculated under subsection (e) as of June 30 immediately preceding the calendar year in which the claimant's benefit year begins from the total amount of severance pay paid or payable to the claimant by the employer.

(iii) Severance pay is attributed as follows:

(A) Severance pay is attributed to the day, days, week or weeks immediately following the employe's separation.

(B) The number of days or weeks to which severance pay is attributed is determined by dividing the total amount of severance pay by the regular full-time daily or weekly wage of the claimant.

(C) The amount of severance pay attributed to each day or week equals the regular full-time daily or weekly wage of the claimant.

(D) When the attribution of severance pay is made on the basis of the number of days, the pay shall be attributed to the customary working days in the calendar week.

(2)

(i) In addition to the deductions provided for in clause (1), for any week with respect to which an individual is receiving a pension, including a governmental or other pension, retirement or retired pay, annuity or any other similar periodic payment, under a plan maintained or contributed to by a base period or chargeable employer, the weekly benefit amount payable to such individual for such week shall be reduced, but not below zero, by the pro-rated weekly amount of the pension as determined under subclause (ii).

(ii) If the pension is entirely contributed to by the employer, then one hundred per centum (100%) of the pro-rated weekly amount of the pension shall be deducted. Except as set forth in clause (4), if the pension is contributed to by the individual, in any amount, then fifty per centum (50%) of the pro-rated weekly amount of the pension shall be deducted.

(iii) No deduction shall be made under this clause by reason of the receipt of a pension if the services performed by the individual during the base period or remuneration received for such services for such employer did not affect the individual's eligibility for, or increase the amount of, such pension, retirement or retired pay, annuity or similar payment.

(3) The provisions of this subsection shall be applicable whether or not such vacation pay, retirement pension or annuities or wages are legally required to be paid. If such retirement pension or annuity payments deductible under the provisions of this subsection are received on other than a weekly basis, the amount thereof shall be allocated and pro-rated in accordance with the rules and regulations of the department. Vacation pay or other remuneration deductible under the provisions of this subsection shall be pro-rated on the basis of the employe's normal full-time weekly wage and as so pro-rated shall be allocated to such period or periods of unemployment as shall be determined by rules and regulations of the department. Such compensation, if not a multiple of one dollar ($1), shall be computed to the next lower multiple of one dollar ($1).

(4) No deductions shall be made under this subsection for pensions paid under the Social Security Act ( Public Law 74-271, 42 U.S.C. § 301 et seq.), or the Railroad Retirement Act of 1974 ( Public Law 93-445, 88 Stat. 1305), if the pension is contributed to by the individual in any amount.

(e)

(1)TABLE SPECIFIED FOR THE DETERMINATION OF RATE AND AMOUNT OF BENEFITS

$1,688 - $1,712	$68	$2,718
1,713 - $1,737	69	2,758
1,738 - $1,762	70	2,797
1,763 - $1,787	71	2,837
1,788 - $1,812	72	2,877
1,813 - $1,837	73	2,916
1,838 - $1,862	74	2,956
1,863 - $1,887	75	2,996
1,888 - $1,912	76	3,035
1,913 - $1,937	77	3,075
1,938 - $1,962	78	3,115
1,963 - $1,987	79	3,154
1,988 - $2,012	80	3,194
2,013 - $2,037	81	3,234
2,038 - $2,062	82	3,274
2,063 - $2,087	83	3,313
2,088 - $2,112	84	3,353
2,113 - $2,137	85	3,393
2,138 - $2,162	86	3,432
2,163 - $2,187	87	3,472
2,188 - $2,212	88	3,512
2,213 - $2,237	89	3,551
2,238 - $2,262	90	3,591
2,263 - $2,287	91	3,631
2,288 - $2,312	92	3,670
2,313 - $2,337	93	3,710
2,338 - $2,362	94	3,750
2,363 - $2,387	95	3,789
2,388 - $2,412	96	3,829
2,413 - $2,437	97	3,869
2,438 - $2,462	98	3,908
2,463 - $2,487	98	3,948
2,488 - $2,512	99	3,988
2,513 - $2,537	100	4,027
2,538 - $2,562	101	4,067
2,563 - $2,587	102	4,107
2,588 - $2,612	103	4,147
2,613 - $2,637	104	4,186
2,638 - $2,662	105	4,226
2,663 - $2,687	106	4,266
2,688 - $2,712	107	4,305
2,713 - $2,737	108	4,345
2,738 - $2,762	109	4,385
2,763 - $2,787	110	4,424
2,788 - $2,812	111	4,464
2,813 - $2,837	112	4,504
2,838 - $2,862	113	4,543
2,863 - $2,887	114	4,583
2,888 - $2,912	115	4,623
2,913 - $2,937	116	4,662
2,938 - $2,962	117	4,702
2,963 - $2,987	118	4,742
2,988 - $3,012	119	4,781
3,013 - $3,037	120	4,821
3,038 - $3,062	121	4,861
3,063 - $3,087	122	4,900
3,088 - $3,112	123	4,940
3,113 - $3,137	124	4,980
3,138 - $3,162	125	5,020
3,163 - $3,187	126	5,059
3,188 - $3,212	127	5,099
3,213 - $3,237	128	5,139
3,238 - $3,262	129	5,178
3,263 - $3,287	130	5,218
3,288 - $3,312	131	5,258
3,313 - $3,337	132	5,297
3,338 - $3,362	133	5,337
3,363 - $3,387	134	5,377
3,388 - $3,412	135	5,416
3,413 - $3,437	136	5,456
3,438 - $3,462	137	5,496
3,463 - $3,487	138	5,535
3,488 - $3,512	139	5,575
3,513 - $3,537	140	5,615
3,538 - $3,562	141	5,654
3,563 - $3,587	142	5,694
3,588 - $3,612	143	5,734
3,613 - $3,637	144	5,774
3,638 - $3,662	145	5,813
3,663 - $3,687	146	5,853
3,688 - $3,712	147	5,893
3,713 - $3,737	147	5,932
3,738 - $3,762	148	5,972
3,763 - $3,787	149	6,012
3,788 - $3,812	150	6,051
3,813 - $3,837	151	6,091
3,838 - $3,862	152	6,131
3,863 - $3,887	153	6,170
3,888 - $3,912	154	6,210
3,913 - $3,937	155	6,250
3,938 - $3,962	156	6,289
3,963 - $3,987	157	6,329
3,988 - $4,012	158	6,369
4,013 - $4,037	159	6,408
4,038 - $4,062	160	6,448
4,063 - $4,087	161	6,488
4,088 - $4,112	162	6,527
4,113 - $4,137	163	6,567
4,138 - $4,162	164	6,607
4,163 - $4,187	165	6,647
4,188 - $4,212	166	6,686
4,213 - $4,237	167	6,726
4,238 - $4,262	168	6,766
4,263 - $4,287	169	6,805
4,288 - $4,312	170	6,845
4,313 - $4,337	171	6,885
4,338 - $4,362	172	6,924
4,363 - $4,387	173	6,964
4,388 - $4,412	174	7,004
4,413 - $4,437	175	7,043
4,438 - $4,462	176	7,083
4,463 - $4,487	177	7,123
4,488 - $4,512	178	7,162
4,513 - $4,537	179	7,202
4,538 - $4,562	180	7,242
4,563 - $4,587	181	7,281
4,588 - $4,612	182	7,321
4,613 - $4,637	183	7,361
4,638 - $4,662	184	7,400
4,663 - $4,687	185	7,440
4,688 - $4,712	186	7,480
4,713 - $4,737	187	7,520
4,738 - $4,762	188	7,559
4,763 - $4,787	189	7,599
4,788 - $4,812	190	7,639
4,813 - $4,837	191	7,678
4,838 - $4,862	192	7,718
4,863 - $4,887	193	7,758
4,888 - $4,912	194	7,797
4,913 - $4,937	195	7,837
4,938 - $4,962	196	7,877
4,963 - $4,987	196	7,916
4,988 - $5,012	197	7,956
5,013 - $5,037	198	7,996
5,038 - $5,062	199	8,035
5,063 - $5,087	200	8,075
5,088 - $5,112	201	8,115
5,113 - $5,137	202	8,154
5,138 - $5,162	203	8,194
5,163 - $5,187	204	8,234
5,188 - $5,212	205	8,274
5,213 - $5,237	206	8,313
5,238 - $5,262	207	8,353
5,263 - $5,287	208	8,393
5,288 - $5,312	209	8,432
5,313 - $5,337	210	8,472
5,338 - $5,362	211	8,512
5,363 - $5,387	212	8,551
5,388 - $5,412	213	8,591
5,413 - $5,437	214	8,631
5,438 - $5,462	215	8,670
5,463 - $5,487	216	8,710
5,488 - $5,512	217	8,750
5,513 - $5,537	218	8,789
5,538 - $5,562	219	8,829
5,563 - $5,587	220	8,869
5,588 - $5,612	221	8,908
5,613 - $5,637	222	8,948
5,638 - $5,662	223	8,988
5,663 - $5,687	224	9,027
5,688 - $5,712	225	9,067
5,713 - $5,737	226	9,107
5,738 - $5,762	227	9,147
5,763 - $5,787	228	9,186
5,788 - $5,812	229	9,226
5,813 - $5,837	230	9,266
5,838 - $5,862	231	9,305
5,863 - $5,887	232	9,345
5,888 - $5,912	233	9,385
5,913 - $5,937	234	9,424
5,938 - $5,962	235	9,464
5,963 - $5,987	236	9,504
5,988 - $6,012	237	9,543
6,013 - $6,037	238	9,583
6,038 - $6,062	239	9,623
6,063 - $6,087	240	9,662
6,088 - $6,112	241	9,702
6,113 - $6,137	242	9,742
6,138 - $6,162	243	9,781
6,163 - $6,187	244	9,821
6,188 - $6,212	245	9,861
6,213 - $6,237	245	9,900
6,238 - $6,262	246	9,940
6,263 - $6,287	247	9,980
6,288 - $6,312	248	10,020
6,313 - $6,337	249	10,059
6,338 - $6,362	250	10,099
6,363 - $6,387	251	10,139
6,388 - $6,412	252	10,178
6,413 - $6,437	253	10,218
6,438 - $6,462	254	10,258
6,463 - $6,487	255	10,297
6,488 - $6,512	256	10,337
6,513 - $6,537	257	10,377
6,538 - $6,562	258	10,416
6,563 - $6,587	259	10,456
6,588 - $6,612	260	10,496
6,613 - $6,637	261	10,535
6,638 - $6,662	262	10,575
6,663 - $6,687	263	10,615
6,688 - $6,712	264	10,654
6,713 - $6,737	265	10,694
6,738 - $6,762	266	10,734
6,763 - $6,787	267	10,774
6,788 - $6,812	268	10,813
6,813 - $6,837	269	10,853
6,838 - $6,862	270	10,893
6,863 - $6,887	271	10,932
6,888 - $6,912	272	10,972
6,913 - $6,937	273	11,012
6,938 - $6,962	274	11,051
6,963 - $6,987	275	11,091
6,988 - $7,012	276	11,131
7,013 - $7,037	277	11,170
7,038 - $7,062	278	11,210
7,063 - $7,087	279	11,250
7,088 - $7,112	280	11,289
7,113 - $7,137	281	11,329
7,138 - $7,162	282	11,369
7,163 - $7,187	283	11,408
7,188 - $7,212	284	11,448
7,213 - $7,237	285	11,488
7,238 - $7,262	286	11,527
7,263 - $7,287	287	11,567
7,288 - $7,312	288	11,607
7,313 - $7,337	289	11,647
7,338 - $7,362	290	11,686
7,363 - $7,387	291	11,726
7,388 - $7,412	292	11,766
7,413 - $7,437	293	11,805
7,438 - $7,462	294	11,845
7,463 - $7,487	294	11,885
7,488 - $7,512	295	11,924
7,513 - $7,537	296	11,964
7,538 - $7,562	297	12,004
7,563 - $7,587	298	12,043
7,588 - $7,612	299	12,083
7,613 - $7,637	300	12,123
7,638 - $7,662	301	12,162
7,663 - $7,687	302	12,202
7,688 - $7,712	303	12,242
7,713 - $7,737	304	12,281
7,738 - $7,762	305	12,321
7,763 - $7,787	306	12,361
7,788 - $7,812	307	12,400
7,813 - $7,837	308	12,440
7,838 - $7,862	309	12,480
7,863 - $7,887	310	12,520
7,888 - $7,912	311	12,559
7,913 - $7,937	312	12,599
7,938 - $7,962	313	12,639
7,963 - $7,987	314	12,678
7,988 - $8,012	315	12,718
8,013 - $8,037	316	12,758
8,038 - $8,062	317	12,797
8,063 - $8,087	318	12,837
8,088 - $8,112	319	12,877
8,113 - $8,137	320	12,916
8,138 - $8,162	321	12,956
8,163 - $8,187	322	12,996
8,188 - $8,212	323	13,035
8,213 - $8,237	324	13,075
8,238 - $8,262	325	13,115
8,263 - $8,287	326	13,154
8,288 - $8,312	327	13,194
8,313 - $8,337	328	13,234
8,338 - $8,362	329	13,274
8,363 - $8,387	330	13,313
8,388 - $8,412	331	13,353
8,413 - $8,437	332	13,393
8,438 - $8,462	333	13,432
8,463 - $8,487	334	13,472
8,488 - $8,512	335	13,512
8,513 - $8,537	336	13,551
8,538 - $8,562	337	13,591
8,563 - $8,587	338	13,631
8,588 - $8,612	339	13,670
8,613 - $8,637	340	13,710
8,638 - $8,662	341	13,750
8,663 - $8,687	342	13,789
8,688 - $8,712	343	13,829
8,713 - $8,737	343	13,869
8,738 - $8,762	344	13,908
8,763 - $8,787	345	13,948
8,788 - $8,812	346	13,988
8,813 - $8,837	347	14,027
8,838 - $8,862	348	14,067
8,863 - $8,887	349	14,107
8,888 - $8,912	350	14,147
8,913 - $8,937	351	14,186
8,938 - $8,962	352	14,226
8,963 - $8,987	353	14,266
8,988 - $9,012	354	14,305
9,013 - $9,037	355	14,345
9,038 - $9,062	356	14,385
9,063 - $9,087	357	14,424
9,088 - $9,112	358	14,464
9,113 - $9,137	359	14,504
9,138 - $9,162	360	14,543
9,163 - $9,187	361	14,583
9,188 - $9,212	362	14,623
9,213 - $9,237	363	14,662
9,238 - $9,262	364	14,702
9,263 - $9,287	365	14,742
9,288 - $9,312	366	14,781
9,313 - $9,337	367	14,821
9,338 - $9,362	368	14,861
9,363 - $9,387	369	14,900
9,388 - $9,412	370	14,940
9,413 - $9,437	371	14,980
9,438 - $9,462	372	15,020
9,463 - $9,487	373	15,059
9,488 - $9,512	374	15,099
9,513 - $9,537	375	15,139
9,538 - $9,562	376	15,178
9,563 - $9,587	377	15,218
9,588 - $9,612	378	15,258
9,613 - $9,637	379	15,297
9,638 - $9,662	380	15,337
9,663 - $9,687	381	15,377
9,688 - $9,712	382	15,416
9,713 - $9,737	383	15,456
9,738 - $9,762	384	15,496
9,763 - $9,787	385	15,535
9,788 - $9,812	386	15,575
9,813 - $9,837	387	15,615
9,838 - $9,862	388	15,654
9,863 - $9,887	389	15,694
9,888 - $9,912	390	15,734
9,913 - $9,937	391	15,774
9,938 - $9,962	392	15,813
9,963 - $9,987	392	15,853
9,988 - $10,012	393	15,893
10,013 - $10,037	394	15,932
10,038 - $10,062	395	15,972
10,063 - $10,087	396	16,012
10,088 - $10,112	397	16,051
10,113 - $10,137	398	16,091
10,138 - $10,162	399	16,131
10,163 - $10,187	400	16,170
10,188 - $10,212	401	16,210
10,213 - $10,237	402	16,250
10,238 - $10,262	403	16,289
10,263 - $10,287	404	16,329
10,288 - $10,312	405	16,369
10,313 - $10,337	406	16,408
10,338 - $10,362	407	16,448
10,363 - $10,387	408	16,488
10,388 - $10,412	409	16,527
10,413 - $10,437	410	16,567
10,438 - $10,462	411	16,607
10,463 - $10,487	412	16,647
10,488 - $10,512	413	16,686
10,513 - $10,537	414	16,726
10,538 - $10,562	415	16,766
10,563 - $10,587	416	16,805
10,588 - $10,612	417	16,845
10,613 - $10,637	418	16,885
10,638 - $10,662	419	16,924
10,663 - $10,687	420	16,964
10,688 - $10,712	421	17,004
10,713 - $10,737	422	17,043
10,738 - $10,762	423	17,083
10,763 - $10,787	424	17,123
10,788 - $10,812	425	17,162
10,813 - $10,837	426	17,202
10,838 - $10,862	427	17,242
10,863 - $10,887	428	17,281
10,888 - $10,912	429	17,321
10,913 - $10,937	430	17,361
10,938 - $10,962	431	17,400
10,963 - $10,987	432	17,440
10,988 - $11,012	433	17,480
11,013 - $11,037	434	17,520
11,038 - $11,062	435	17,559
11,063 - $11,087	436	17,599
11,088 - $11,112	437	17,639
11,113 - $11,137	438	17,678
11,138 - $11,162	439	17,718
11,163 - $11,187	440	17,758
11,188 - $11,212	441	17,797
11,213 - $11,237	441	17,837
11,238 - $11,262	442	17,877
11,263 - $11,287	443	17,916
11,288 - $11,312	444	17,956
11,313 - $11,337	445	17,996
11,338 - $11,362	446	18,035
11,363 - $11,387	447	18,075
11,388 - $11,412	448	18,115
11,413 - $11,437	449	18,154
11,438 - $11,462	450	18,194
11,463 - $11,487	451	18,234
11,488 - $11,512	452	18,274
11,513 - $11,537	453	18,313
11,538 - $11,562	454	18,353
11,563 - $11,587	455	18,393
11,588 - $11,612	456	18,432
11,613 - $11,637	457	18,472
11,638 - $11,662	458	18,512
11,663 - $11,687	459	18,551
11,688 - $11,712	460	18,591
11,713 - $11,737	461	18,631
11,738 - $11,762	462	18,670
11,763 - $11,787	463	18,710
11,788 - $11,812	464	18,750
11,813 - $11,837	465	18,789
11,838 - $11,862	466	18,829
11,863 - $11,887	467	18,869
11,888 - $11,912	468	18,908
11,913 - $11,937	469	18,948
11,938 - $11,962	470	18,988
11,963 - $11,987	471	19,027
11,988 - $12,012	472	19,067
12,013 - $12,037	473	19,107
12,038 - $12,062	474	19,147
12,063 - $12,087	475	19,186
12,088 - $12,112	476	19,226
12,113 - $12,137	477	19,266
12,138 - $12,162	478	19,305
12,163 - $12,187	479	19,345
12,188 - $12,212	480	19,385
12,213 - $12,237	481	19,424
12,238 - $12,262	482	19,464
12,263 - $12,287	483	19,504
12,288 - $12,312	484	19,543
12,313 - $12,337	485	19,583
12,338 - $12,362	486	19,623
12,363 - $12,387	487	19,662
12,388 - $12,412	488	19,702
12,413 - $12,437	489	19,742
12,438 - $12,462	490	19,781
12,463 - $12,487	490	19,821
12,488 - $12,512	491	19,861
12,513 - $12,537	492	19,900
12,538 - $12,562	493	19,940
12,563 - $12,587	494	19,980
12,588 - $12,612	495	20,020
12,613 - $12,637	496	20,059
12,638 - $12,662	497	20,099
12,663 - $12,687	498	20,139
12,688 - $12,712	499	20,178
12,713 - $12,737	500	20,218
12,738 - $12,762	501	20,258
12,763 - $12,787	502	20,297
12,788 - $12,812	503	20,337
12,813 - $12,837	504	20,377
12,838 - $12,862	505	20,416
12,863 - $12,887	506	20,456
12,888 - $12,912	507	20,496
12,913 - $12,937	508	20,535
12,938 - $12,962	509	20,575
12,963 - $12,987	510	20,615
12,988 - $13,012	511	20,654
13,013 - $13,037	512	20,694
13,038 - $13,062	513	20,734
13,063 - $13,087	514	20,774
13,088 - $13,112	515	20,813
13,113 - $13,137	516	20,853
13,138 - $13,162	517	20,893
13,163 - $13,187	518	20,932
13,188 - $13,212	519	20,972
13,213 - $13,237	520	21,012
13,238 - $13,262	521	21,051
13,263 - $13,287	522	21,091
13,288 - $13,312	523	21,131
13,313 - $13,337	524	21,170
13,338 - $13,362	525	21,210
13,363 - $13,387	526	21,250
13,388 - $13,412	527	21,289
13,413 - $13,437	528	21,329
13,438 - $13,462	529	21,369
13,463 - $13,487	530	21,408
13,488 - $13,512	531	21,448
13,513 - $13,537	532	21,488
13,538 - $13,562	533	21,527
13,563 - $13,587	534	21,567
13,588 - $13,612	535	21,607
13,613 - $13,637	536	21,647
13,638 - $13,662	537	21,686
13,663 - $13,687	538	21,726
13,688 - $13,712	539	21,766
13,713 - $13,737	539	21,805
13,738 - $13,762	540	21,845
13,763 - $13,787	541	21,885
13,788 - $13,812	542	21,924
13,813 - $13,837	543	21,964
13,838 - $13,862	544	22,004
13,863 - $13,887	545	22,043
13,888 - $13,912	546	22,083
13,913 - $13,937	547	22,123
13,938 - $13,962	548	22,162
13,963 - $13,987	549	22,202
13,988 - $14,012	550	22,242
14,013 - $14,037	551	22,281
14,038 - $14,062	552	22,321
14,063 - $14,087	553	22,361
14,088 - $14,112	554	22,400
14,113 - $14,137	555	22,440
14,138 - $14,162	556	22,480
14,163 - $14,187	557	22,520
14,188 - $14,212	558	22,559
14,213 - $14,237	559	22,599
14,238 - $14,262	560	22,639
14,263 OR MORE	561	AMOUNT REQUIRED UNDER SECTION 401(A)(2)

(2)

(I) The table specified for the determination of rate and amount of benefits shall be extended or contracted annually, automatically by regulations promulgated by the secretary. The table shall be extended or contracted in accordance with the following:

(A) The table shall be extended or contracted to a point where the maximum weekly benefit rate shall equal sixty-six and two-thirds per centum (66 2/3%) of the average weekly wage for the thirty-six-month period ending june 30 preceding each calendar year. If the maximum weekly benefit rate is not a multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1).

(B) When it is necessary to extend the table, it shall be done in accordance with the following procedure:

(I) THe words "or more" shall be deleted from the last line under part a, and an amount twenty-four dollars ($24) greater than the first entry in that line shall be substituted therefor.

(II) Part A shall be extended as much as necessary by adding twenty-five dollars ($25) to each amount of the preceding line. At the point where the entry in part b equals sixty-six and two-thirds per centum (66 2/3%) of the average weekly wage, the first entry in part a shall consist of an amount twenty-five dollars ($25) greater than the smaller amount in the preceding line, and the words "or more" shall be added.

(III) Part B shall be extended in increments of one dollar ($1) until that point is reached where the amount is equal to sixty-six and two-thirds per centum (66 2/3%) of the average weekly wage.

(IV) Part C shall be extended to the point where, under part b, the amount is equal to sixty-six and two-thirds per centum (66 2/3%) of the average weekly wage.

(A) The amount on each line in part c shall be derived from the first entry on the same line in part a, in accordance with the following formula:

(First entry in part a plus twenty-four dollars ($24)) x 100 divided by [fifty and one-half (50.5)] sixty - three (63)

If the amount determined by this formula is not an even multiple of one dollar ($1), it shall be rounded to the next higher multiple of one dollar ($1).

(C) When it is necessary to contract the table, it shall be done by deleting all lines following that in which the amount in part b is sixty-six and two-thirds per centum (66 2/3%) of the average weekly wageand substituting the words "or more" for the higher amount under part a on that line.

(D) The table specified for the determination of rate and amount of benefits as so extended or contracted shall be effective only for those claimants whose benefit years begin on or after the first day of january of such calendar year.

(II) For the purpose of determining the maximum weekly benefit rate, the pennsylvania average weekly wage in covered employment shall be computed on the basis of the average annual total wages reported (irrespective of the limit on the amount of wages subject to contributions) for the thirty-six-month period ending june 30 (determined by dividing the total wages reported for the thirty-six-month period by three) and this amount shall be divided by the average monthly number of covered workers (determined by dividing the total covered employment reported for the same thirty-six-month period by thirty-six) to determine the average annual wage. The average annual wage thus obtained shall be divided by fifty-two and the average weekly wage thus determined rounded to the nearest cent.

(III) Notwithstanding subclause (i), if the maximum weekly benefit rate determined under subclause (i) is greater than five hundred sixty-one dollars ($561), the maximum weekly benefit rate shall be subject to the following limitations:

(A) For calendar years 2013 through 2016, the maximum weekly benefit rate shall be five hundred seventy-three dollars ($573).

(A.1) For each calendar year 2017 through 2019, the maximum weekly benefit rate shall be five hundred sixty-one dollars ($561).

(B) For each calendar year 2020 through 2023, the maximum weekly benefit rate may increase from year to year by an amount that is no more than two per centum (2%) of the maximum weekly benefit rate for the preceding year.

(B.1) For each calendar year 2024 and thereafter, the maximum weekly benefit rate may increase from year to year by an amount that is no more than four per centum (4%) of the maximum weekly benefit rate for the preceding year.

(C) IF the maximum weekly benefit rate determined under this subclause is not an even multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1).

(IV) In addition to the limitations set forth in subclause (iii), the following shall apply:

(A) Notwithstanding the provisions of subclause (iii)(b), for calendar years 2020 through 2023, the maximum weekly benefit rate shall not increase if the trigger percentage determined under section 301.7(a) is less than one hundred ten per centum (110%) as of July 1, 2019.

(B) Notwithstanding the provisions of subclause (iii)(b.1), for calendar year 2024, the maximum weekly benefit rate may not increase from the preceding year if the trigger percentage determined under section 301.7(a) is less than two hundred fifteen per centum (215%) as of July 1, 2023.

(C) If the maximum weekly benefit rate does not increase under subparagraph (b), it may not increase until the year following a july 1 determination under section 301.7(a) that the trigger percentage is at least two hundred fifty per centum (250%).

(D) If the conditions of subparagraph (c) are met, for the purpose of determining the maximum weekly benefit, subclause (iii) shall apply.

(V) If, on July 1, 2025, the trigger percentage determined under section 301.7(a) is less than two hundred fifty per centum (250%), the following shall apply:

(A) Notwithstanding the definition of "highest quarterly wages" in section 404(b), but subject to subclause (vi), "highest quarterly wages" for purposes of section 404 for calendar years 2026 and thereafter shall be the average of the total wages (computed to the nearest dollar), which were paid to the employe computed as follows:

(I) The wages paid to the employe in that calendar quarter in which such total wages were highest during the base year shall be calculated.

(II) The amount calculated under division (i) shall be added to an amount equal to one hundred thirty per centum (130%) of the wages paid to the employe in the calendar quarter in which such total wages were the second highest of any calendar quarter during the base year, provided that the amount added under this division (ii) may not be greater than the wages paid to the employe during the highest calendar quarter under division (i).

(III) The sum calculated under division (ii) shall be divided by two.

(B) Notwithstanding section 401(a)(2), and except as provided in subsections (a)(3) and (e)(1) and (2), section 401(a) shall require that the second entry in part a of the table for the determination of rate and amount of benefits, on the line on which there appears the employe's weekly benefit rate, does not exceed sixty-three per centum (63%) of the employe's total base year wages.

(VI) Notwithstanding the provisions of subsection (b) and subclause (v) if, on July 1, 2026, or July 1 of any subsequent year, the trigger percentage determined under section 301.7(a) is at least two hundred fifty per centum (250%), the following shall apply:

(A) "Highest quarterly wages" for the subsequent calendar year and thereafter shall be determined as provided in subsection (b) and not as provided in subclause (v).

(B) Section 401(a)(2) shall apply and not subclause (v)(b).

(VII) In addition to the limitations in subclause (iii) (a.1), the following shall apply:

(A) If, on July 1, 2017, the trigger percentage determined under section 301.7(a) is less than forty per centum (40%), the department shall reduce each claimant's weekly compensation in calendar year 2018 by a uniform percentage determined as follows:

(I) The department shall calculate the balance of the unemployment compensation fund that would be necessary, as of July 1, 2017, to determine a trigger percentage of forty per centum (40%) under section 301.7(a).

(II) The actual balance of the unemployment compensation fund as of July 1, 2017, shall be subtracted from the amount calculated under division (i).

(III) The department shall calculate the percentage by dividing the amount determined under division (ii) by the average of the benefit costs calculated under section 301.7(a) (2).

(IV) For calendar year 2018, each claimant's weekly compensation shall be reduced by the percentage calculated under division (iii), except that the benefit reduction shall be at least one-half of one per centum (0.5%) and not more than one per centum (1%).

(B) If on july 1, 2018, the trigger percentage determined under section 301.7(a) is less than seventy-five per centum (75%), the department shall reduce each claimant's weekly compensation in calendar year 2019 by a uniform percentage determined as follows:

(I) The department shall calculate the balance of the unemployment compensation fund that would be necessary, as of July 1, 2018, to determine a trigger percentage of eighty per centum (80%) under section 301.7(a).

(II) The actual balance of the unemployment compensation fund as of july 1, 2018, shall be subtracted from the amount calculated under division (i).

(III) The department shall calculate the percentage by dividing the amount determined under division (ii) by the average of the benefit costs calculated under section 301.7(a) (2).

(IV) For calendar year 2019, each claimant's weekly compensation shall be reduced by the percentage calculated under division (iii), except that the benefit reduction shall be at least one-half of one per centum (0.5%) and not more than one per centum (1%).

(3) In addition to the weekly benefit rate as hereinbefore set out, each eligible employe shall be paid for each week that he is entitled to benefits, the sum of five dollars ($5) for a dependent spouse or a dependent child if such eligible employe has no spouse, plus three dollars ($3) for one other dependent child, but in no event shall such additional allowance exceed eight dollars ($8) for any one week or the total number of such allowance payments exceed the claimant's maximum weeks of entitlement, determined by dividing his total amount of compensation by his weekly benefit rate.

As used in this paragraph the term "dependent child" means any child or stepchild of the eligible employe in question who, at the beginning of such individual's current benefit year, was wholly or chiefly supported by such employe, and under eighteen years of age, or if eighteen years of age and over, because of physical or mental infirmity, is unable to engage in any gainful occupation.

As used in this paragraph the term "dependent spouse" means any legally married wife or husband of the eligible employe in question who, at the beginning of such individual's current benefit year was living with and being wholly or chiefly supported by such individual. If both a husband and wife qualify for benefit rights with overlapping benefit years, only one of them shall be entitled to the additional allowances provided in this paragraph.

(4)

(I) Notwithstanding any other provision of this act, each claimant eligible for a weekly benefit rate of seventy-five dollars ($75) or more shall have his weekly compensation as determined by application of subsections (a) through (e) reduced by five per centum (5%). If such reduced weekly compensation is not an even multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1): provided, that no claimant whose weekly benefit rate, determined in accordance with subsection (a), is in excess of seventy-four dollars ($74) shall have his weekly compensation reduced below seventy-five dollars ($75) except through the combined application of this paragraph and subsection (d). The balance in the claimant's compensation account as indicated in part d or e of the table contained in subsection (e)(1) of this section shall be reduced by his weekly benefit amount without regard to the reduction provided herein. This subclause shall be of no effect beginning with the compensable week which ends on or after the first day of January 1989.

(II) Notwithstanding any other provision of this act, each claimant shall have his weekly compensation, as determined by applications of subsections (a) through (e), reduced by five per centum (5%) if and when the provisions of section 301.7(c) apply, or by the per centum redetermined under section 301.8, if and when applicable. If such reduced weekly compensation is not an even multiple of one dollar ($1), it shall be rounded to the next lower multiple of one dollar ($1): provided, that no claimant whose weekly benefit rate, determined in accordance with subsection (a), is in excess of the weekly benefit rate immediately below the weekly benefit rate that is one-half of the maximum weekly benefit rate determined in clause (2) of this subsection shall have his weekly compensation reduced below one-half of the maximum weekly benefit rate except through the combined application of this subclause and subsection (d). The balance in the claimant's compensation account as indicated in part d or e of the table contained in clause (1) of this subsection shall be reduced by his weekly benefit amount without regard to the reduction provided herein. This subclause shall be in effect as of the first compensable week that ends on or after the first day of January 1990.

(III) For purposes of this subsection only, if one-half of the maximum weekly benefit rate is not a multiple of one dollar ($1), such amount shall be rounded down to the next lower multiple of one dollar ($1) and then applied as required by this subsection.

(f) For purposes of this section and of section four hundred one (a), wages paid with respect to employment performed under Shipping Articles shall be considered as having been paid in the respective calendar quarters in which the services of the employe were being performed.

(g) Benefits based on employment covered by the provisions of Articles X, XI and XII of this act shall be payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this act.

43 P.S. § 804

Amended by P.L. TBD 2016 No. 144, § 6, eff. 11/3/2016.

Amended by P.L. 577 2012 No. 60, § 11, eff. 1/1/2013.

1936, Second Ex.Sess., Dec. 5, P.L. (1937) 2897, art. IV, § 404. Amended 1942, Ex.Sess., April 23, P.L. 60, § 4; 1943, May 27, P.L. 717, § 3; 1945, May 29, P.L. 1145, § 10; 1947, June 30, P.L. 1186, § 2; 1949, May 14, P.L. 1355, No. 404, § 1; 1951, Sept. 29, P.L. 1580, No. 408, § 14; 1951, Jan. 2 (1952), P.L. 1802, No. 480, § 1; 1953, Aug. 24, P.L. 1397, No. 396, § 4; 1955, March 30, P.L. 6, No. 5, § 6; 1959, Dec. 17, P.L. 1893, No. 693, § 11; 1964, Special Sess., March 24, P.L. 53, No. 1, § 6; 1968, Jan. 17, P.L. 21, No. 6, § 1; 1971, Sept. 27, P.L. 460, No. 108, §§ 18, 19; 1973, Oct. 12, P.L. 292, No. 87, § 1, imd. effective; 1974, Dec. 5, P.L. 771, No. 262, § 8, imd. effective; 1976, July 9, P.L. 842, No. 147, § 3; 1980, July 10, P.L. 521, No. 108, §§ 15, 16, 17, imd. effective; 1983, July 21, P.L. 68, No. 30, §§ 20, 21 effective Jan. 1, 1984; 1988, Oct. 19, P.L. 818, No. 109, § 4; 2005, Dec. 16, P.L. 437, No. 80, § 1, imd. effective; 2011, June 17, P.L. 16, No. 6, § 5.