Subchapter D. PARTIAL UNEMPLOYMENT AND DECEASED OR INCOMPETENT CLAIMANTS
Sec.
65.71. Compensation for partial unemployment.
65.72. Payments for deceased or incompetent claimants.
65.73. Full-time work.
65.81. [Reserved].
65.82. [Reserved].
65.83. [Reserved].
65.84. [Reserved].
65.85. [Reserved].§ 65.71. Compensation for partial unemployment.
(a) In determining the amount of compensation to which an eligible claimant is entitled for a week of partial unemployment which has caused the claimant a loss of earnings, due either to lack of work or unavailability for work, the Bureau shall estimate the amount of earnings which the claimant would have earned had he been actually employed during that week.
(b) Compensation for the week shall be made in an amount equal to the weekly benefit rate of the claimant, less the sum of the estimated amount of his earnings and his actual earnings for the week, to the extent that the payments are in excess of partial benefit credit of the claimant.
(c) In estimating the amount of earnings which a claimant would have received for the hours during which he was unavailable for work the Bureau shall prorate his actual hourly earnings for the week, unless some other method of estimation would be fairer and more reasonable.
Source The provisions of this § 65.71 adopted July 1, 1969.
§ 65.72. Payments for deceased or incompetent claimants.
(a) Payment of unemployment compensation benefits due a deceased claimant may be made without letters of administration on the estate of the decedent, in the following order:
(1) The surviving spouse.
(2) The surviving child or children.
(3) The surviving parents.
(4) The eldest surviving brother or sister.
(5) A person who is not a relative, having an interest in the estate.
(b) Payments of unemployment compensation benefits due a claimant who has been declared incompetent shall be made to his legal guardian.
(c) Application for payment of benefits under the provisions of this section shall be made on a form and in a manner which shall be prescribed by the Department.
Source The provisions of this § 65.72 adopted July 1, 1969.
§ 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.
Source The provisions of this § 65.73 adopted February 11, 2011, effective February 12, 2011, applies to weeks of unemployment ending on or after February 12, 2011, 41 Pa.B. 848.
§ 65.81. [Reserved].
Source The provisions of this § 65.81 adopted July 1, 1969; reserved August 23, 1974, effective August 24, 1974, 4 Pa.B. 1779. Immediately preceding text appears at serial page (9321).
§ 65.82. [Reserved].
Source The provisions of this § 65.82 adopted July 1, 1969; reserved August 23, 1974, effective August 24, 1974, 4 Pa.B. 1779. Immediately preceding text appears at serial page (9321).
§ 65.83. [Reserved].
Source The provisions of this § 65.83 adopted July 1, 1969; reserved August 23, 1974, effective August 24, 1974, 4 Pa.B. 1779. Immediately preceding text appears at serial page (9321).
§ 65.84. [Reserved].
Source The provisions of this § 65.84 adopted July 1, 1969; reserved August 23, 1974, effective August 24, 1974, 4 Pa.B. 1779. Immediately preceding text appears at serial page (9322).
§ 65.85. [Reserved].
Source The provisions of this § 65.85 adopted July 1, 1969; reserved August 23, 1974, effective August 24, 1974, 4 Pa.B. 1779. Immediately preceding text appears at serial page (9322).
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