43 Pa. Stat. § 804

Current through P.A. Acts 2023-32
Section 804 - 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.