|
|
|
 |
Unemployment |  |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Up to date information regarding
your unemployment benefits, from Labor an Industry's website which
you can find here: http://www.dli.state.pa.us/landi/cwp/view.asp?a=358&q=236358
APPLYING AND FILING FOR UC
Pennsylvania's UC Program has changed in many ways during the past
several years. Now individuals apply for UC benefits through our Web
site at www.dli.state.pa.us,
Keyword: unemployment, or by calling a UC Service Center.
Biweekly benefit claims are filed through our Internet site or Pennsylvania Teleclaims - PAT.
Check out our Web site at www.dli.state.pa.us,
Keyword: unemployment for additional up-to-date information about the UC
program, and Keyword: jobs, for the Pennsylvania CareerLink.
Note: UC Service Centers experience a high volume of
calls on Mondays. Claimants receive faster service by using the Internet
or by calling Tuesday through Friday (later in the day) when call volume
is lighter.
REMEMBER:
The information in this handbook is not an official statement of
the Pennsylvania UC Law.
This handbook was sent to the address where we will mail
important UC information. If this address is incorrect or
changes in the future, visit our Web site or call the UC Service Center
immediately.
READ AND KEEP THIS HANDBOOK FOR FUTURE REFERENCE. If
you have any questions, please call your UC Service Center. See Appendix
C for the phone numbers of the appropriate UC Service Center that
serves you.
PRIVACY ACT STATEMENT
The Privacy Act of 1974 requires that we furnish this statement because
you are being asked to disclose your Social Security Number (SSN)
for UC claims processing purposes. Your SSN is needed under the
authority of the Internal Revenue Code of 1954 (26 U.S.C. 85, 6011(a),
6050(b), and 6109(a)) and the Social Security Act (42 U.S.C. 1320b).
Giving us your SSN for this purpose is MANDATORY for filing for UC.
Your SSN will be used to report the amount of any UC that you receive to
the Internal Revenue Service as income that may be taxable. It will also
be used to identify your claim, for statistical purposes, and to make
sure you are eligible for UC and other public assistance benefits. If
you decline to give us your SSN, your claim for UC will not be
processed.
Be sure to provide your SSN and address when contacting us about
your claim.
WARNING: It is against the law to provide a SSN that is
not your own or any number you have obtained by giving false information
to the Social Security Administration. Use of a SSN in an improper
manner can result in a fine, imprisonment for five years, or both (42
U.S.C. 408).
CLAIMANTS' CIVIL RIGHTS UNDER FEDERAL
LAW
It is against the law for the Pennsylvania Department of Labor &
Industry to discriminate on the following basis: (1) Against any
individual in the United States, on the basis of race, color, religion,
sex, national origin, age, disability, political affiliation or belief;
and (2) Against any beneficiary of programs financially assisted under
Title I of the Workforce Investment Act of 1998 (WIA), on the basis of
beneficiary's citizenship/status as a lawfully admitted immigrant
authorized to work in the United States, or his or her participation in
any WIA Title I-financially assisted program or activity. In addition,
the Department must not discriminate in any way of the following areas:
(1) Deciding who will be admitted, or have access, to any WIA Title
I-financially assisted program or activity; (2) Providing opportunities
in, or treating any person with regard to, such a program or activity;
or (3) Making employment decisions in the administration of, or in
connection with, such a program or activity.
If you think that you have been subjected to discrimination under a WIA
Title I-financially assisted program or activity, you may file a
complaint within 180 days from the date of the alleged violation with
either: (1) The Department's Office of Equal Opportunity (OEO), or (2)
The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200
Constitution Avenue N.W., Room N-4123, Washington, D.C. 20210.
If you file your complaint with the OEO, you must wait either until the
OEO issues a written Notice of Final Action, or until 90 days have
passed (whichever is sooner), before filing with the CRC (see address
above). If the OEO does not give you a written Notice of Final Action
within 90 days of the day on which you filed your complaint, you do not
have to wait for OEO to issue that Notice before filing a complaint with
CRC. However, you must file your CRC complaint within 30 days of the
90-day deadline (in other words, within 120 days after the day on which
you filed your complaint with OEO). If the OEO does give you a written
Notice of Final Action on your complaint, but you are dissatisfied with
the decision or resolution, you may file a complaint with the CRC. You
must file your CRC complaint within 30 days of the date on which you
received the Notice of Final Action.
If you have any questions regarding your civil rights, or want to file a
discrimination complaint, contact the Department of Labor &
Industry, Office of Equal Opportunity, 651 Boas Street, Room 514,
Harrisburg, Pennsylvania 17121 or call (717) 787-1182 or 1-800-622-5422.
DO NOT CALL THE OFFICE OF EQUAL OPPORTUNITY IF YOU HAVE QUESTIONS ABOUT
THE UC PROGRAM OR YOUR CLAIM. Instead, call your UC Service Center or
Pennsylvania Teleclaims -- PAT to have your questions answered. The
list of PAT telephone numbers is found in Appendix B.
INFORMATION FOR CLAIMANTS WITH
DISABILITIES
The Pennsylvania Department of Labor & Industry maintains a
policy prohibiting discrimination against individuals with disabilities
in all services provided and printed materials that are made available
to the public. The department will provide the same quality services to
claimants with disabilities as is provided to other claimants.
Unemployment compensation (UC) benefit information is available to
individuals with hearing or speech difficulties by using a text
telephone service (TTY). This service can only be accessed if the call
is made from a TTY device. Note that TTY telephone numbers
are for TTY users exclusively. If you are not a TTY device user and you
call a TTY number, you will only hear a series of tones and no voice
message. Such calls tie up the telephone line and prevent you from
obtaining the UC information you desire.
TABLE OF CONTENTS
What Is Unemployment Compensation? When Are You Entitled to Benefits? Amount, Duration, and Computation of Benefits Application for Benefits Date Benefit Year Base Year Alternate Base Year Calculating Your "Weekly Benefit Rate" Full-Time Weekly Wage Credit Weeks and Maximum Benefit Entitlement Allowances for Dependents Notice of Financial Determination Claim Confirmation Letter Waiting Week When Will You Receive Your First Benefit Payment? Methods of Payment How Long Will You Continue to Receive Benefits? Reductions to Weekly Benefits Earnings Partial Benefits Partial Benefit Credit The Effect of Holiday Pay The Effect of Vacation Pay The Effect of Pensions Back Wage Awards Support Orders and Agreements Filing Claims for Benefits Waiting Week When to File Your Biweekly Claim How to File Biweekly Claims Your Personal Identification Number (PIN) Filing a Biweekly Claim Biweekly Claim Questions/Certification Filing Claims By Internet Filing Claims By Telephone (Pennsylvania Teleclaims -- PAT) Filing Claims By Mail Completing Your Claim Form Claim Form Certification Mailing Your Claim Processing Your Claim Additional Information About Unemployment Compensation If Your Mailing Address Changes Benefit Payment Information If You Go Out of Town Reopening Your Claim Filing a Subsequent Application for Benefits Supplemental Unemployment Benefits Why You May Be Ineligible for Benefits Voluntarily Quit Work Loss of Job Due to Willful Misconduct Failed to Submit to and/or Pass a Drug or Alcohol Test Become Unemployed Due to Your Own Fault Strike Unable to Work or Unavailable for Work Fail to Apply For or Accept Suitable Work Failure to Participate in the Pennsylvania Reemployment Program (PREP) Withhold Facts or Give False Information Self Employment Limit the Number of Hours Per Week Failure to be Available as Instructed Commit Fraud Incarceration Requalifying for Benefits How Are Your Rights Protected Fact-Finding Right to Representation and Witnesses What If You Disagree With a Benefit Decision? UC Service Center Determination UC Referee Decision UC Board of Review Decision Can You Have Legal Representation? Overpayments Fault Overpayment Fraud Non-Fault Recoupable Overpayments Non-Fault Nonrecoupable Overpayments How to Make Payments on an Overpayment Dishonored Check Penalty Notice to Interstate Claimants Unemployment Compensation for Federal Civilian Employes (UCFE) Appeal Information Unemployment Compensation for Ex-Servicemembers (UCX) Weekly Benefit Rate Appeal Information Extended Benefit (EB) Program Trade Adjustment Assistance Disaster Unemployment Assistance Federal Taxation of UC Benefits Tax statements for Recipients of Unemployment Compensation Benefits Notice to Claimants What Can the Pennsylvania CareerLink Do For You? Appendix A - Rate and Amount of UC Benefits Appendix B - Pennsylvania Teleclaims - PAT Telephone Numbers Appendix C - UC Service Center Addresses and Telephone Numbers Appendix D - Reporting UC Fraud
UC is temporary income support. It provides income if you lose your job
through no fault of your own. If you qualify, you will receive money for
a limited time to help you meet expenses while you look for another job.
To be covered by the UC program, you must be a worker who performed
services covered by the UC Law and have worked for an employer that is
required by law or elects to pay into the UC Fund. Under certain
conditions, you may also have paid into the UC Fund by payroll
deductions. To safeguard these funds, all applications for benefits are
checked thoroughly. Fraud is prosecuted and may result in fines and/or
imprisonment or other penalties. To protect yourself, give complete,
accurate and factual information when filing your claim.
You may be entitled to benefits if you meet these eligibility
requirements.
The "Application for Benefits (AB) date" is the date of the
Sunday which begins the week in which you apply for benefits. The
Application for Benefits date determines your base year and your benefit
year.
Your "benefit year" is a 52 consecutive week period beginning
with your AB date. You may file claims for waiting week credit and for
UC benefits for weeks of unemployment occurring within your benefit
year.
Your "base year" is generally the first four of the last five
completed calendar quarters prior to your AB date. The amount of money
you were paid by all employers covered by the UC Law during your
"base year" determines your financial eligibility for UC
benefits.
Individuals who do not meet wage and credit week requirements due to a
work-related injury, may request a redetermination using an alternate
base year. This alternate base year consists of the four completed
calendar quarters immediately preceding the date of the work-related
injury. For the alternate base-year rules to apply, the work-related
injury must be compensable under the Pennsylvania Workers' Compensation
Act. If you receive a Notice of Financial Determination indicating that
you are ineligible for benefits and you want a calculation using the
alternate base-year rules, you must file a timely appeal of the
determination and request a redetermination from the UC Service Center.
If you qualify for benefits, the most you can receive weekly is the
highest amount shown in Appendix A, Part B, Rate of Compensation, unless
you are entitled to allowances for dependents. The lowest weekly benefit
rate is $35.
To figure out your weekly benefit rate, you must first identify your
base year using the following chart:
Next you must determine the total gross wages you received during your
base-year period and how much you received during each calendar quarter
in the base year. Be careful to use gross wages - not take-home pay -
and assign your wages to the quarters in which you were paid.
Note: If you have earned wages in another state(s)
during your base year, and want to use all of those wages when you apply
in Pennsylvania, you must also have had wages and employment in
Pennsylvania during your base-year period.
After you have determined how much you were paid in each quarter, find
the quarter in which you were paid the most money. The wages in this
quarter are your "highest quarterly wages." Refer to Appendix
A and look at the column headed Part A, "Highest Quarterly
Wage" and find your highest quarterly wages. On the same line, look
at the dollar amount in Part C, "Qualifying Wage." If your
total base-year wages are as much as or more than the dollar amount in
this column, then your weekly benefit rate is the amount in Part B,
"Rate of Compensation."
If your total base-year wages are less than the amount listed in the
"Qualifying Wages" column, you may still be eligible for a
lesser amount. Look at the next lower dollar amount in the
"Qualifying Wages" column. If your total base-year wages are
the same as or more than this amount, your benefit rate is the amount in
the column "Rate of Compensation" to the left. If your total
base-year wages are not as much as this "Qualifying Wage"
amount, you can check in the same way, the next two lower amounts in the
"Qualifying Wage" columns to determine your rate. If your
total base-year wages are lower than the lowest of these three amounts,
you are financially ineligible for benefits.
For example, suppose you were paid $20,000 in your base year. Breaking
down the total amount into calendar quarters, you received the
following:
Your highest quarterly wage is $5,200 paid in July, August and
September. Reading down the "Highest Quarterly Wage" column
for $5,200, your weekly rate of compensation would be $210. Referring to
Part C, Qualifying Wages, you find you do qualify since your total
base-year wages of $20,000 are more than the required qualifying wage of
at least $8,320 shown in Part C.
Note: To be eligible for the highest benefit rate on
the chart in Appendix A, at least 20 percent of your
qualifying wages in Part C must have been paid in one or more quarters
other than your highest quarter.
Your weekly benefit rate should equal about one-half of your full-time
weekly wage. If the weekly benefit rate shown on your Notice of
Financial Determination (see below) is not one-half of your gross
full-time weekly wage, and your rate is not the highest benefit rate on
the chart in Appendix A, you may qualify for a higher
weekly benefit rate. If you want your weekly benefit rate to be
calculated based on your full-time weekly wage, you must file a timely
appeal of the Notice of Financial Determination and request a
redetermination from the UC Service Center.
A "credit week" is any calendar week (Sunday through Saturday)
within the base year for which you worked and earned $50 or more, no
matter when paid. You may have one credit week per calendar week. The
total amount of UC benefits that you may receive during your benefit
year is called your "maximum benefit entitlement" and is
dependent upon the number of credit weeks in your base year. If you have
18 or more credit weeks, you are entitled to the amount appearing in the
Part D column of Appendix A, which equals 26 times your
weekly benefit rate. If you have 16 or 17 credit weeks, you are entitled
to the amount appearing in the Part E column, which equals 16 times your
weekly benefit rate. You are not eligible to receive benefits if you
have fewer than 16 credit weeks in your base year.
If you are eligible for benefits, you may receive an additional $5
weekly for a dependent spouse plus $3 weekly for one dependent child. If
you have no dependent spouse, you can receive $5 weekly for one
dependent child, plus $3 weekly for a second dependent child. In either
case, allowances for dependents cannot exceed $8 per week.
To receive allowances for dependent(s), you must have been wholly or
chiefly supporting your dependent(s) at the time of your application for
benefits. A "dependent spouse" is your lawful husband or wife
living in your household. A "dependent child" is your
unmarried child, stepchild, or adopted child who is under 18 years of
age. A dependent child also includes any unmarried child 18 years of age
or over, who cannot work because of a disability.
Note: If both spouses file claims with overlapping
benefit years, one spouse may not claim the same child or children as
the other spouse. However, each spouse may claim up to two different
children.
If you qualify, you will receive an allowance for dependents for each
week that you receive UC benefits, whether your regular benefits are
full or partial amounts. However, you can receive an allowance for
dependents only for the number of weeks corresponding to your maximum
benefit entitlement (i.e., 16 or 26 weeks).
You will be mailed a Notice of Financial Determination (Form UC-44F).
This determination lists your employers and the amount of wages paid for
each quarter of your base year. The Notice determines your
"financial eligibility" for UC benefits based on your highest
quarterly wages, total base-year wages, and credit weeks during the base
year. If you are financially eligible, this determination will establish
your weekly benefit rate, partial benefit credit, maximum benefit
entitlement, and your allowances for dependents. If you are financially
ineligible, the determination tells you the reason for your
ineligibility.
You should read this financial determination carefully to be sure that
all the information is correct. Make sure that the base year wages have
been reported correctly. If there are any employers or wages missing on
the form or you have any questions about this determination, call the UC
Service Center immediately.
In addition, you must file an appeal if you disagree with the
determination. If you wish to file an appeal, you must do so before the
date in the "Right to Appeal" section listed on the bottom of
the financial determination. Note that calling the UC Service Center
about your determination is not considered an official appeal. To
file an appeal, see the instructions. Even if you are
"financially eligible" for UC, you still need to meet the
remaining eligibility criteria under the UC Law in order to receive your
UC benefit payments.
You will be mailed a Claim Confirmation Letter (Form UC-360). This
letter contains your personal identification number (PIN) for use when
accessing UC services. This letter also provides instructions for you to
file your biweekly claims for benefits.
The first week of the benefit year that you are unemployed and eligible
for benefits is called the "waiting week." No UC is payable
for the waiting week. You must claim and serve the waiting week.
If you have filed your biweekly claims and are eligible for benefits,
you should receive your first benefit payment within four weeks of
applying for benefits.
The department pays UC benefits in two ways: 1) debit card and 2) direct
deposit. Both give you safe, convenient, and secure access to your
benefit payments. With your Claim Confirmation Letter, you will receive
information regarding both the debit card and direct deposit.
When your claim has been determined financially eligible, you
will be automatically enrolled for a debit card, and a MasterCard®
debit card will be mailed to you along with instructions for its use.
The debit card will be mailed within four business days of the date you
are determined financially eligible for benefits. You should receive the
debit card well before your first benefit payment is issued. If you do
not receive the card within 10 days, call Customer Service at
1-877-406-8257 to find out if your debit card was issued. If Customer
Service has no record of an account for you, call the UC Service Center
to inquire about the status of your benefit payments.
The debit card is valid for a three-year period as indicated by the
“good thru” date on the card. KEEP THE DEBIT CARD UNTIL IT EXPIRES
in case you should become unemployed again within that three-year
period. (One free replacement card per year can be obtained by calling
Customer Service at 1-877-406-8257.)
Exception to automatic enrollment for the debit card:
If you received your UC benefits via direct deposit in the last two
years, you will continue to be enrolled in direct deposit and will not
receive a debit card. If your direct deposit information has changed
since you last received benefits, you must provide the updated
information as soon as possible by completing a direct deposit form
which is available online at www.dli.state.pa.us,
Keyword: unemployment, or by calling your UC Service Center. If you
would rather receive your UC benefits via the debit card instead of
direct deposit, you must stop your direct deposit by completing a direct
deposit form.
If you would like to have your UC benefits directly deposited to your
financial institution, you must complete and return the direct deposit
authorization form, included with your initial UC mailings, or it may
also be completed online at www.dli.state.pa.us,
Keyword: unemployment. Note: If you choose direct
deposit, you will still receive a debit card in order to access any
benefit payments made before direct deposit is active.
Full benefits are payable for either 16 or 26 weeks as long as you
continue to meet the eligibility requirements of the UC Law.
Partial benefits (i.e., benefits in a reduced amount as a result of
part-time earnings, holiday pay, vacation pay, or pensions) are also
payable as long as you continue to meet the eligibility requirements of
the UC Law, and until you receive your maximum benefit entitlement or
until your benefit year ends. To receive benefits, you must file
biweekly claims for benefits.
All weeks of unemployment in Pennsylvania are based on a calendar week;
that is, seven continuous days beginning with a Sunday and ending with
the Saturday of that week. The date of the Saturday is called the
compensable week ending (CWE) date. Your earnings and eligibility during
each calendar week determine whether you are entitled to benefits for
that week and the amount of benefits payable to you.
For each week that you are claiming benefits, you must report all work
and gross earnings for which you have been paid or will be paid, for the
week in which they are earned, regardless of when they are paid.
Earnings can be anything you receive for work you do. Earnings include
cash, credit on purchases, meal allowances, lodging, tips, Military
Reserve or National Guard pay and any other kind of payment you receive
in exchange for work or service you perform.
Note: UC benefits are not reduced by any Military Reserve or National
Guard pay for periods of active duty for emergencies as declared by the
Governor or for drill and instruction purposes. However, military pay
paid to a member of the National Guard for active federal service or
participation in annual training or paid to a member of the Reserves for
active military duty is deductible from UC benefits in the same manner
as any other earnings as described below under "Partial Benefit
Credit."
You must also report any hours of work you missed when work was
available to you and provide the gross wages you could have earned for
the hours absent. You may be disqualified for benefits or prosecuted
under the UC Law if you fail to report all work and earnings.
You may be eligible for partial benefits if:
You may earn up to 40 percent of your weekly benefit rate in a week
without reducing your benefits for the week. This amount is your
"partial benefit credit." Any amount over the partial benefit
credit earned in a week will be deducted from your weekly benefit rate
to determine your partial benefits for the week. When reporting earnings
for a calendar week, always give the actual amount of gross earnings.
The amount is rounded up to the highest dollar amount (i.e., $76.07 =
$77) when determining the amount payable for the week.
The following example shows how the partial benefit credit works:
A person becomes unemployed and applies for UC benefits, and is
determined to have a weekly benefit rate of $200. With a weekly benefit
rate of $200, the partial benefit credit is $80 (40% of $200 = $80).
This means that the claimant could earn up to $80 weekly and still
receive the full $200 in UC benefits for that week.
After being unemployed for a few weeks, the claimant found a part-time
job that pays $99.25 (rounded up to $100) a week. The claimant is
required to report the part-time earnings when filing for benefits. The
easiest way to figure the amount of benefits payable to the claimant for
the week is to add the weekly benefit rate and the partial benefit
credit together and subtract the weekly earnings.
Example:
In this example, if the claimant had earnings of $280 or more in any
given week, there would be no benefits payable for that week.
Holiday pay must be reported for the week in which the holiday occurs,
regardless of when paid. Holiday pay is always deductible using the same
partial benefit credit formula described previously.
It is your responsibility to report all vacation pay. If you receive
vacation pay and you are in temporary layoff status with an expected
date of recall, your vacation pay will be deducted from your benefits
using the same partial benefit credit formula described previously.
However, if your layoff is permanent or indefinite, vacation payments
will not be deducted from your weekly benefits.
You are required to report all pensions, including retirement, retired
pay, annuities or other similar periodic payments and lump-sum pension
payments. Pension payments may be deductible if:
Note: Beginning with compensable week ending December
17, 2005, Social Security or Railroad Retirement pensions are no longer
deductible from UC benefits.
If the employer alone contributed to the pension, 100 percent of the
pension prorated on a weekly basis, is deductible. If you contributed in
any amount to the pension, 50 percent of the prorated weekly pension
amount is deductible. Pensions are deductible from weekly benefits on a
dollar-for-dollar basis. The partial benefit credit is not applicable.
Pension payments will not be deductible if:
Note: If you roll over only a part of the lump-sum
payment into an eligible retirement account within 60 days of receipt,
only that portion of the lump-sum amount that is not rolled over will be
deductible.
It is your responsibility to notify the UC Service Center if you receive
a back wage award from your employer. Back wage awards are deductible
from UC benefits.
The Pennsylvania UC Law requires the Department of Labor &
Industry to make deductions from the UC benefits of persons having
support obligations. The department is allowed to obtain that
information from the support agency handling the obligations. If you are
determined eligible for benefits, the support agency is informed. If the
support agency requires a deduction from your UC benefits, it will
provide the department with a court order or withholding agreement that
specifies the weekly amount to be deducted from your benefit payment and
sent to the support agency for distribution. In Pennsylvania, the
support agency is the Domestic Relations Section (DRS) of the County
Court of Common Pleas. Any questions or concerns regarding the amount
being deducted from your UC benefits should be directed to the support
agency where the order was issued. More information on support
withholding from UC benefits is provided in the pamphlet UCP-24, Support
Withholding from Unemployment Compensation, available from the UC
Service Center or downloadable at www.dli.state.pa.us,
Keyword: unemployment. If support deductions are made, visit https://www.humanservices.state.pa.us/csws/index.aspx
to access your payment information.
Once you have filed your initial application for UC benefits, you must
file a claim for each week in which you are unemployed. A claim week is
a calendar week which begins Sunday and ends Saturday. In most cases you
will be filing for two claim weeks at one time. This is called a
biweekly claim. Although you will file for two weeks at one time, you
will certify your eligibility for each week separately.
Note: In order to receive UC benefits, you must file
claims for benefits. It is your responsibility to file
your own biweekly claims. Another person is not permitted to file your
biweekly claims for you.
After filing your initial application for UC benefits, you must file
for, and thus serve, a valid waiting week before any payments will be
made to you. The waiting week is not paid. Please note that your first
benefit payment will be for one week only since you will not be paid for
the waiting week.
Generally, claims for unemployment benefits are filed on a biweekly
basis. You will file your biweekly claim when both of the weeks you are
filing for have ended. Your biweekly claim must be filed during the
Sunday through Friday period of the week immediately following the two
weeks you are claiming.
The first time for you to file your biweekly claim is
when the second week on your claim has ended. You will file your
biweekly claim for the first and second weeks of your claim during the
third week of your claim.
Example: If your application for benefits date is effective
Sunday, 1-6-2008, the 1st week on your claim would be the waiting week
ending 1-12-2008. The 2nd week on your claim is the week ending
1-19-2008, which is the first potentially payable week. You would file
your biweekly claim for benefits for these two weeks during the 3rd week
which is the period Sunday, 1-20-2008, to Friday, 1-25-2008.
You must file your biweekly claim in a timely manner in order to be
eligible for benefits for the week or weeks you are claiming. If you did
not file your biweekly claim on time, call the UC Service Center to
determine if you qualify to file a late claim. If you need help or have
questions about filing your biweekly claim, call your UC Service Center
for assistance.
If you are totally or partially unemployed, you will continue to
file biweekly claims once every two weeks (every other week).
You can keep track of the filing dates by completing the record of UC
activities found in the front of this handbook. However, if you do not
know your next filing date, you may call PAT for that information. This
information is found in the benefit payment option, which is Item 2 on
the main PAT menu.
Note: You must file your biweekly claims even if there
are issues on your claim that need to be resolved such as: 1) a
determination regarding financial eligibility; 2) a determination
regarding a job separation; or 3) some other UC issue.
If you stop filing your biweekly claims for any reason, you must contact
your UC Service Center to reopen, or reactivate, your claim.
Biweekly claims for unemployment compensation may be filed by using the
Internet or Pennsylvania TeleclaimsPAT. You will need the following
information to file your biweekly claim:
Your PIN is printed on your Claim Confirmation Letter and on the Notice
of Financial Determination. Your PIN and Social Security Number identify
you when you file a claim or access UC information. Your PIN protects
you from another person trying to claim your benefits. Your PIN has the
same legal authority as your signature. Do NOT give your PIN to anyone.
Giving your PIN to anyone, even family, is not permitted.
You may change your PIN, if you know your current PIN, by using:
If you do not know your current PIN, contact your UC Service Center to
request a new PIN.
When a PIN change has been made, you will receive a letter in the mail
containing the new PIN and confirming the PIN request.
Note: If you think someone else knows your PIN, change
your PIN immediately.
If you had earnings during the week you are claiming, you will be
instructed to enter the gross amount of earnings. You must report all
earnings for any work you performed, even if you have not yet been paid.
If you were absent from work, you will be instructed to enter the gross
earnings you would have earned if you had not been absent from work. If
you received or will receive holiday or vacation pay for the week you
are claiming, you will be instructed to enter the gross amount of
holiday pay or vacation pay. You must report holiday or vacation pay in
the week the holiday or vacation occurs, not when paid.
A claim week is a calendar week, seven continuous days, Sunday through
Saturday. If your employer has a different pay week, you must calculate
your gross earnings (hourly rate times number of hours) for the Sunday
through Saturday period that you are claiming.
You must decline any week in which you worked your full-time hours. You
are not eligible to receive benefits for any week in which you are
working full time.
Note: All reported earnings, holiday pay and vacation
pay are subject to verification with your employer. Therefore, it is
important for you to provide complete and accurate information.
You will certify your eligibility for each of the two weeks separately.
You will answer each question with a "YES" or "NO."
The certification questions are provided below to help you file your
biweekly claim.
Note: Although the same certification questions are
asked, they are formatted somewhat differently for the Internet and PAT.
Specific instructions pertaining to the Internet and PAT are noted
below.
If you are filing for Trade Readjustment Allowances (TRA), you must file
your biweekly claims by mail.
You may file your biweekly claims by the Internet Sunday through Friday,
6 a.m. to 9 p.m. (You must be logged onto the site by 8:50 p.m.) The Web
site address is www.dli.state.pa.us,
Keyword: unemployment.
Once you submit your biweekly claim on the Internet, a confirmation page
will display to let you know that your claim has been accepted. If you
have provided your e-mail address, you will also receive an e-mail
confirmation. Do not exit the site before you receive your confirmation.
If you do, your claim will not be filed and you will have to file your
claim again.
If you meet all eligibility requirements, your claim will be processed
immediately. If additional information is needed to process your claim,
you will be given further instructions.
You may file your biweekly claims by PAT Sunday through Friday, 5 a.m.
to 9 p.m. Telephone numbers for PAT are listed in this
handbook. If you get a busy signal, please try again.
After you have completed the certification questions, you may choose to:
If a second week is available for you to claim, PAT will begin the
certification process for the second week by asking if you wish to file
for benefits for the claim week ending (week will be stated). PAT will
ask if your answers for the second week are the same as they were for
the first week. If your answers are the same, you will not need to
listen to and respond to all the questions again. If the answers for the
second week are not the same, PAT will present you with the questions
for the second week.
PAT will inform you that your claim has been accepted or that your
answers have been saved. If you meet all eligibility requirements, your
claim will be processed immediately. If additional information is needed
to process your claim, you will be given further instructions.
Important: Do not hang up the telephone until PAT tells
you that your claim has been accepted or that your answers have been
saved. If you hang up or get disconnected before PAT tells you that your
claim has been accepted, you will have to call again to file your claim
for benefits.
You may file your biweekly claims by mail only if you:
If you are filing your claims by mail, you will be mailed a claim form.
Use this form to file your claim for benefits for the claim week(s)
indicated on the face of the form in the block entitled "Claim
Week(s) Ending On." Each claim week represents a calendar week
beginning on a Sunday and ending at midnight on the Saturday date
listed. If you do not receive an expected claim form or your claim form
becomes lost, stolen, misplaced or destroyed, please contact the UC
Service Center immediately.
Complete the claim form by providing all applicable information. The
information being requested applies to your claim status for the week(s)
being claimed as indicated in the "Claim Week(s) Ending On"
block of this form.
If you were employed during one or both of the weeks being claimed, provide
the employer(s) complete name(s) and address(es) including zip code(s),
and give the actual date(s) worked, total hours worked, hourly rate, and
gross pay in Item 6. Provide the reason(s) for any separation(s) from
employment and an explanation in Item 7.
If you received holiday or vacation pay during the week(s) being
claimed, you must give complete information in Item 6. Provide the gross
amount of holiday pay or vacation pay attributable to each day.
If you wish to claim only one of the claim weeks listed on the form,
cross out the claim week that you do not wish to claim and provide an
explanation in Item 7 as to why you are not claiming that week.
If you change your name, address, and/or telephone number, PRINT the new
information clearly and legibly in Item 7. For address changes, include
your street or rural route, city, state, zip code, and the county where
you live.
If you are filing for TRA or NAFTA benefits, you are required to report
your weekly work search activity. You must indicate your job
contacts on the reverse of the claim form.
After you have completed your claim form, sign and date the form in the
space provided at the bottom of the form. Your signature certifies the
completeness and truthfulness of the information on the form. If you
have any questions regarding how to complete the form, contact the UC
Service Center.
When submitting your completed claim form, be sure to do the following:
If all eligibility requirements have been met, your claim form will be
processed for payment. An improperly completed claim form will be
returned to you for correction, resulting in a delay of payment of
benefits. Please review your completed claim form carefully before
mailing it to the UC Service Center.
An incorrect address can seriously delay delivery of your debit card. If
you move, or have any corrections to your mailing address, call the UC
Service Center immediately. The U.S. Postal Service will not
forward the debit card. A current address is also required for
you to receive your Federal Income Tax statement. Therefore, you should
notify us of any address changes.
Information regarding your UC benefit payments is available Sunday
through Friday, 6 a.m. to 9 p.m. online at www.dli.state.pa.us,
Keyword: unemployment, or by calling PAT. Payment information is
generally available the next business day (Monday if filing Sunday; Tuesday
if filing Monday, etc.). All that is needed is your Social Security
Number and PIN. The following payment information is provided on both
the Internet and PAT:
Additional payment information provided on the Internet:
Additional payment information provided by PAT:
In order to qualify for benefits, you must be able and available for
suitable work in your local labor market. In order to determine your
eligibility for benefits for any week when you are out of town, call
your UC Service Center before leaving to receive eligibility information
and instructions on how to reestablish your claim when you return.
If you temporarily discontinue filing for benefits due to illness,
hospitalization or unavailability for work, contact the UC Service
Center when you are available for work again. If you temporarily
discontinue filing for benefits because you work and earn more than your
weekly benefit rate plus partial benefit credit, contact the UC
Service Center the first week that you are unemployed to reopen your
claim.
If, after the end of your benefit year, you are or become unemployed,
you may be eligible to receive benefits again if you:
You should discuss your eligibility with a UC Service Center
representative prior to exhausting your benefits on the first
application in order to ensure that you understand the necessary
requirements to become eligible on your second application. You may file
a new Application for Benefits any time after the benefit year of the
first application expires. However, if you have wages in another state,
you may be able to establish a second claim against that state before
your Pennsylvania benefit year expires if you have exhausted your
maximum entitlement to Pennsylvania UC benefits.
Employers and unions in certain industries have set up plans to pay
supplemental unemployment benefits (SUB) to employes who are laid off.
These benefits are paid from a privately operated fund. Such benefits
are in addition to UC benefits paid by the State. More
detailed information about supplemental unemployment benefits can be
obtained from the pamphlet UCP-8, State Unemployment Compensation and
Supplemental Unemployment Benefit Plans, which is available from the UC
Service Center.
It is your responsibility to be eligible and remain eligible for
benefits. You may not be entitled to receive UC benefits or you may lose
your eligibility to receive benefits if you fail to meet all the
requirements of the Pennsylvania UC Law and regulations. The following
are some of the disqualifying provisions of the UC Law.
You may be ineligible for benefits if you voluntarily leave work without
cause of a necessitous and compelling nature. The UC Law contains
exceptions to this requirement. Among the exceptions are the following:
You may be ineligible for benefits if you lose your job because you
willfully or negligently disregarded your employer's interests, violated
rules, or disregarded appropriate standards of behavior.
You may be ineligible for benefits if you fail to submit to and/or pass
a drug or alcohol test conducted pursuant to an employer's established
substance abuse policy, provided that the requested test is lawful and
not in violation of an existing collective bargaining agreement.
You may be ineligible for benefits if you lose your job because of
nonwork-related misconduct that was contrary to acceptable standards of
behavior and directly affected your ability to do your assigned duties.
You may be ineligible for benefits if you participate in a work stoppage
that is determined by the department to be a strike.
You may be ineligible for benefits if you are not able to work because
of an illness or disability or due to not being available to work.
However, you will not be ineligible if you are attending a training
course approved by the Secretary of the Department of Labor &
Industry and are otherwise eligible.
You may be ineligible for benefits if you fail, without good cause, to
accept an offer of suitable work or refuse a referral to a job
opportunity. However, you will not be ineligible if you are not required
to accept the offer under the terms of a labor-management contract or
agreement, or an established employer plan, program or policy. Also, you
will not be ineligible for any week that you are in training approved by
the Secretary of Labor and Industry, including training under the Trade
Act of 1974.
In deciding whether a job is suitable under the UC Law, the department
considers your past training, experience, earnings, the rate of pay of
the job offer, how long you have been unemployed, chances of finding a
job in your line of work, distance of the job from your home, any risks
to your health and safety, whether full-time work was available instead
of part-time or seasonal work, and other factors.
You may be ineligible for benefits if you fail to participate in
reemployment services to which you have been referred through the
claimant profiling system, known as PREP. The claimant profiling system
has been designed to identify claimants who may benefit the most from
reemployment services. If selected, you must participate in this
mandatory program of reemployment services, unless:
You must file your claims timely and in the proper manner; that is,
according to the instructions given by the UC Service Center. When
filing claims, you must answer all questions completely and truthfully.
You may be ineligible for benefits if you withhold facts or give false
information to illegally receive or increase benefits. This includes,
but is not limited to, the failure to report the following:
Be sure to report the gross amount of earnings, not
your take-home pay.
You may be ineligible for benefits if you are self-employed, setting up
a business, or have ownership interest in a business. However, you may
be entitled to benefits if you are engaged in a sideline business prior
to becoming unemployed from your regular employer, report that you
operate a business to the UC Service Center when filing your initial
Application for Benefits, do not substantially change your participation
in the sideline business while unemployed, and do not derive a primary
source of livelihood from the sideline business.
You may be ineligible for benefits if you are working part-time and
limit the number of hours that you are working per week when there is
additional work available.
You may be ineligible for benefits if you fail to be available to be
contacted by the UC Service Center when instructed to do so. It is your
responsibility to inform the UC Service Center when you are unavailable
for scheduled services. When you know that you will be unavailable to be
contacted at the scheduled time, call the UC Service Center immediately.
If you are prosecuted and convicted of UC fraud, you may be ineligible
to receive benefits for one year. If it is determined that you attempted
to defraud the Pennsylvania Department of Labor & Industry, the
employment security system of another state, or the federal government,
you may be ineligible for benefits for a penalty period related to the
number of benefit payments.
You are ineligible for benefits for weeks in which you are incarcerated
following your conviction for a crime.
If you are ineligible for benefits because you quit your job without a
compelling and necessitous reason, were discharged for willful
misconduct, failed to submit to and/or pass an employer's drug or
alcohol test, or are ineligible due to self-employment, you may be able
to qualify for benefits at a later date. To requalify, you must work and
earn an amount equal to or more than six times your weekly benefit rate.
After you earned that amount, you may be qualified to receive benefits
if you are totally or partially unemployed and meet all eligibility
requirements. Earnings from self-employment or a sideline business
cannot be used to requalify for benefits.
If you are ineligible for benefits because you failed, without good
cause, either to apply for or to accept an offer of suitable work, you
will remain ineligible for benefits until you obtain subsequent
employment of a permanent nature. A disqualification because of a
failure to apply for or to accept temporary or casual employment remains
in effect only for the period of time that the offered work would have
been available.
If you and your employer disagree on the reason for unemployment or any
other issues arise which may affect your eligibility for benefits, you
will be given an opportunity to provide information and explain your
side of the story.
If you are receiving benefits when an issue arises, you will receive an
"Advance Notice" form warning that your receipt of benefits is
being reviewed and that your eligibility for benefits may be affected.
You will continue to receive benefits unless a written decision of
ineligibility is made by the UC Service Center, a UC Referee, the UC
Board of Review, or the Commonwealth or other appellate court.
As part of the fact-finding process, the UC Service Center
representative may schedule a telephone interview with you. The
telephone fact-finding interview is your opportunity to tell your view
of the facts to the UC Service Center representative. At that time, you
have the right to present information to clarify the eligibility issue
or to rebut information that is being considered as a basis for not
paying or stopping your benefits. If you are scheduled for a telephone
interview, you are required to be available to receive that telephone
call at the scheduled date and time. If there is a good reason why you
are unable to receive the call at the scheduled date and time, it is
your responsibility to call the UC Service Center representative
immediately and arrange another telephone interview. Failure to be
available as directed or to promptly reschedule the interview may result
in a delay or ineligibility for benefits.
You may be represented by an attorney when you have your telephone
interview, or you may have a friend or any other advocate with you to
help you present the facts. If you qualify, free legal assistance may be
available from the legal services organization serving your area, your
local bar association, or a law school clinic.
You have the right to have witnesses with you during your telephone
interview. If your witnesses cannot be available when the telephone
interview occurs, you may submit statements from them in writing that
are signed and dated.
If you receive a decision that denies benefits, but you think you should
be eligible, or you receive a decision that grants benefits, but you
think that you should be eligible for more benefits, you may appeal.
When and how to appeal depends on the kind of decision you are
appealing. It is important that you direct your appeal to the proper
authorities.
You may appeal a UC Service Center determination to a UC Referee. The
Referee will hold a hearing and notify you and other parties of the
date, time and place of the hearing. It is important that you, and other
witnesses with firsthand knowledge of the facts, appear and testify in
person.
HOW TO APPEAL: You may use a Petition for Appeal form, a
letter, FAX, or e-mail to appeal. Regardless of the format you choose,
your appeal must include your name and address, your Social Security
Number, the date of the determination being appealed and the reason for
the appeal. If you use a Petition for Appeal form or a letter to appeal,
you may file your appeal by mail, common carrier, fax, or by personal
delivery to any Pennsylvania CareerLink office during normal business
hours.
WHEN TO APPEAL: For your appeal to be timely, it must be
filed within 15 calendar days of the mailing date shown on the
UC Service Center determination. However, if the fifteenth day
is a Saturday, Sunday or legal holiday, you may file a timely appeal on
the next business day. The last day to file a timely appeal is shown on
the determination as "The final day to timely appeal this
determination is". If your appeal is not filed on time, the UC
Board of Review will determine if you had good cause to filing a late
appeal.
If you file your appeal by mail, the appeal is filed on the date of the
U.S. Postal Service postmark, certificate of mailing, or certified mail
receipt. If there is no postmark, certificate of mailing or certified
mail receipt, but the appeal contains a postage meter mark, the appeal
is filed on the date of the postage meter mark. If there is no Postal
Service information or postage meter mark, the appeal is filed on the
date recorded by the department when the appeal is received. If you file
your appeal by common carrier, the appeal is filed on the date it is
delivered to the common carrier as established by the records of the
common carrier. If the date of delivery to the common carrier cannot be
determined by documents in the record, the appeal is filed on the date
it is received by the department. If you wish to appeal by mail,
complete Section 1 of the Petition for Appeal form that was enclosed
with your determination, or complete a letter of appeal, and send it to
the address of the UC Service Center listed on the determination.
If you file your appeal by fax, the appeal is filed on the date of
receipt imprinted by the receiving fax machine. If the receiving fax
machine does not imprint a legible date, the appeal is filed on the date
of transmission imprinted by the sending fax machine. If the faxed
appeal does not contain a legible date of transmission, it is filed on
the date recorded by the department when it receives the appeal. If you
appeal by fax, you are responsible for any delay, disruption, or
interruption of electronic signals and the readability of the appeal,
and you accept the risk that the appeal may not be properly or timely
filed. If you wish to appeal by fax, complete Section 1 of the
Petition for Appeal form, or complete a letter of appeal, and fax it to
the fax number listed on the determination.
If you file your appeal by e-mail, the appeal is filed on the date of receipt recorded by the department's electronic transmission system, if the e-mail is in a form capable of being processed by the department's system. If you appeal by e-mail, you are responsible to use the proper format, for any delay, disruption or interruption of electronic signals, and the readability of the appeal; and you accept the risk that the appeal may not be properly or timely filed. If you wish to appeal by e-mail, forward your appeal information to the department at L&I-UC-Appeals@state.pa.us. Warning: Information submitted by e-mail is not secure.
If you file your appeal by personal delivery to a PA CareerLink, your
appeal is filed on the date it is delivered to the PA CareerLink, during
normal business hours. If you wish to appeal by personal
delivery, complete Section 1 of the Petition for Appeal form that was
enclosed with your determination, or complete a letter of appeal, and
take it to the nearest PA CareerLink office. The PA CareerLink
representative will forward your Petition for Appeal or letter of appeal
to the UC Service Center. Note: Appeals cannot be filed in
person at UC Service Centers.
You may appeal a UC Referee decision to the UC Board of Review. The UC
Board of Review will issue a decision based on the record and evidence
presented at the Referee's hearing. You may request to file a written
statement in support of your case or to present an oral argument to the
Board.
HOW TO APPEAL: You may use a Petition for Appeal form, a
letter, or e-mail to appeal. Regardless of the format you choose, your
appeal must include your name and address, your Social Security Number,
the date of the determination being appealed and the reason for the
appeal. If you use a Petition for Appeal form or a letter to appeal, you
may file your appeal by mail, common carrier, fax, or by personal
delivery to any Pennsylvania CareerLink office during normal business
hours. The appeal is to be filed to the UC Service Center that issued
the original determination using the above instructions. If you request
to file a written statement in support of your case or if you wish to
request to present an oral argument to the Board, you must include the
information with your appeal. Note: Appeals cannot be filed in person at
UC Service Centers.
When filing your appeal from the Referee decision, please follow the appeal instructions provided. WHEN TO APPEAL: To be timely, the appeal must be filed within 15 calendar days of the mailing date shown on the UC Referee decision. The last day to file a timely appeal is shown on the front and back of the Referee decision.
HOW TO APPEAL: You may appeal a UC Board of Review decision to
the Commonwealth Court. Follow the appeal instructions that accompany
the Board's decision.
WHEN TO APPEAL: To be timely, the appeal must be filed within 30
calendar days of the mailing date shown on the Board of Review decision.
IMPORTANT: If you remain partially or fully unemployed
while an appeal concerning your eligibility is pending, continue to file
your biweekly claims for benefits. If the appeal is decided in your
favor, only benefits for the weeks you claimed will be released for
payment. Claimants and employers have the same appeal rights.
You may file your own appeal and represent yourself throughout the
appeal process, or you may have an attorney or any other advocate
represent you. If you qualify, free legal assistance may be available
from the legal services organization serving your area, your local bar
association, or a law school clinic.
If your employer wants to appeal, the employer may file its own appeal
or be represented by an attorney or any other advocate throughout the
appeal process.
Benefits you received to which you were not entitled are known as
overpayments. Depending on the situation, these overpayments can be
divided into two groups: those which are your fault and those which are
not.
A "fault overpayment" can result if you
withhold or misrepresent material facts. If you believe that a benefit payment
was issued to you improperly or in the wrong amount, contact the UC
Service Center immediately.
You must repay a fault overpayment. The entire overpaid amount is due at
the time the Notice of Overpayment is issued. If not repaid, you will be
required to pay interest on any fault overpayment principal not repaid
within 15 days after the Notice of Overpayment is issued. The interest
rate is subject to change annually. An agreement does not preclude the
department from filing a statutory lien against you to recover the
overpayment amount, the interest assessed and any fees and penalties.
Any overpaid amount not repaid by you will be deducted from future
benefits during that benefit year and the six-year period immediately
following that benefit year.
The Pennsylvania UC Law provides for prosecution and severe penalties
for anyone who knowingly makes false statements or who knowingly
withholds information to obtain or increase benefits illegally. If
prosecuted for fraudulently obtaining benefits, you could be fined up to
$1,000 or be imprisoned for up to 30 days for each benefit payment you
illegally obtained, or both. You would also be ineligible to receive
benefits for one year following the date of conviction.
A "non-fault recoupable overpayment" results when it is
determined that the overpayment was through no fault of your own, or you
did not misrepresent or withhold facts. The overpaid amount can be
deducted from future benefit payments during that benefit year and the
three-year period immediately following that benefit year. The
deductions may not exceed one-third of the weekly benefit rate. However,
if the total overpayment is $99 or less, it will be deducted in full.
Voluntary repayment is also accepted in order to ensure that future
benefit checks will not be delayed.
A "non-fault nonrecoupable" overpayment results when the
overpayment is not due to misrepresentation or non-disclosure of a
material fact, and is caused by reason of:
You are not required to repay a non-fault nonrecoupable overpayment.
When making a payment on your overpayment account, please send a check
or money order. Please do not send cash. The department is not
responsible for cash that is not received.
Checks or money orders should be made payable to: PA UC FUND.
Your full name, Social Security Number, and daytime telephone number
should be entered on the check or money order.
All payments should be sent to:
Your cancelled check or money order will be your receipt.
All other correspondence should be sent to:
If you pay the Department with a personal check which is not honored by
your bank, you will be charged with a dishonored check penalty. The
penalty charge is $10 for dishonored checks less than or equal to $10,
the face value of the check for checks greater than $10 but less than
$100, or $100 for checks of $100 or more.
If you reside in another state, are filing an Interstate Claim for
Benefits against Pennsylvania, and have questions or need to reopen your
claim, call the UC Service Center toll-free at 1-888-313-7284.
Individuals calling using a text telephone (TTY) device should use the
TTY toll-free number: 1-888-334-4046. If you need reemployment
assistance, contact the nearest state employment office in the state
where you reside.
If you have earned wages in federal civilian employment, unemployment
benefits may be payable, as set forth in the federal law (5 U.S.C. 8501
et seq.), in Pennsylvania based on such wages if:
Because your wage information while you were a federal employe is not
immediately available, you will need to mail copies of supporting
documentation to the UC Service Center. Supporting documentation should
include: Standard Form 8, Notice to Federal Employe About Unemployment
Compensation; Standard Form 50, Notification of Personnel Action, or its
equivalent; and other documents showing that you worked for the federal
government such as Form W-2, Withholding Tax Statement, and/or pay
stubs. (Please do not send original documents.)
Note: Failure to provide sufficient information (e.g., pay stubs) to
certify your earnings during the fifteen (15) month period prior to your
separation from work will delay payment of your claim until your actual
earnings are provided by your federal employer.
This information will establish an initial Notice of Financial
Determination, subject to correction upon receipt of information and
findings from the federal agency. Benefit payments made as a result of
the determination based upon your affidavit of earnings may have to be
adjusted upon receipt of information from the federal agency. Any amount
of underpayment will be adjusted promptly, and any amount of overpayment
may have to be repaid or offset against future benefits.
If you disagree with a Notice of Financial Determination, or any other
determination regarding your UCFE benefits, you have the right to file
an appeal within 15 calendar days, in the same manner as UC benefit
appeals.
Findings with respect to whether you performed federal service, the
amount of wages, and the period of your federal service or reason for
separation from any federal agency are made by the federal agency. If
you disagree with these findings, you may request the UC Service Center
to initiate a Reconsideration of Federal Findings in addition to your
appeal. Your request for reconsideration along with photocopies of
supporting documentation should be mailed to the UC Service Center and
postmarked by the U.S. Postal Service no later than the last day to file
a timely appeal of the determination.
UCX is a federal program (5 U.S.C. 8521 et seq.) which governs
the payment of UC to former members of the Armed Forces and the
Commissioned Corps of the National Oceanic and Atmospheric
Administration (NOAA) who fulfill the eligibility requirements of state
and federal law.
To apply for UCX benefits in Pennsylvania, you must physically
be in Pennsylvania at the time of filing.
The federal requirements you must meet to allow your military wages to
be assigned to Pennsylvania to establish UCX financial entitlement are
as follows:
Note: Former service members are not eligible for UCX
benefits while receiving a subsistence allowance for certain vocational
rehabilitation training, or an educational assistance allowance or
special training allowance under the War Orphan's Educational Assistance
Act (38 U.S.C. 1700 et seq.).
The UC Service Center will require you to mail a copy of your DD Form
214 Member 4, Certificate of Release or Discharge from Active Duty, or
NOAA Form 56-16, Report of Transfer or Discharge, when you file an
Application for Benefits. (Please do not send your original
discharge forms.) If you do not provide your DD Form 214,
or NOAA Form 56-16 when you file your initial claim, your benefits will
be delayed until you mail a copy of the form as directed.
Your weekly benefit rate as provided on your Notice of Financial
Determination will depend upon your pay grade at the time of your
separation from the military. These pay grades are set by the Federal
Military Schedule of Remuneration provided to the department and updated
annually by the U.S. Department of Labor.
Federal law provides that the information given on your discharge form
by the appropriate branch of service regarding your active military
service, pay grade at the time of separation from the active military
service, and the type of discharge or release you received from the
service shall be final and conclusive. If you believe that the
information on your DD Form 214 or NOAA Form 56-16 is incorrect, you may
ask for review by the appropriate branch of service. The UC Service
Center can advise you how to obtain a review with the appropriate branch
of service, but cannot alter information on the forms
presented by the federal branch of service.
If you disagree with a Notice of Financial Determination, or any other
determination regarding your UCX benefits, you have the right to file an
appeal within 15 calendar days, in the same manner as UC benefit
appeals. If you are initiating a review by your branch of service of
the information on your discharge form for UCX eligibility purposes, you
should also file a timely appeal of the UC Service Center determination.
Extended Benefits are additional weeks of unemployment compensation
payable to qualified workers when certain adverse economic conditions
exist in Pennsylvania. These conditions are based upon the state's
unemployment rate reaching a certain level prescribed by the UC Law.
When these conditions exist statewide, the Department of Labor &
Industry declares an Extended Benefit period. Extended Benefits are
payable only after you exhaust all rights to regular benefits under the
UC Law. Extended Benefits are funded through a shared federal-state
program.
Unless otherwise announced, an Extended Benefit period is not
in effect in Pennsylvania.
Trade Adjustment Assistance (TAA) is a federal program that provides
assistance to adversely affected
workers who lose their jobs or whose hours of work and wages are reduced as a result of increased imports or whose firms have been affected by, or are threatened to be affected by, shifts in production to certain foreign countries. It also provides assistance to workers whose firm is a supplier or downstream producer to a firm that received a certification of eligibility. You may qualify to receive reemployment benefits, such as training or job search and relocation allowances. Additionally, weekly Trade Readjustment Allowances (TRA) may be payable to you, if you qualify, following the exhaustion of your state and federal UC benefit entitlement. Form ETA 8-55, Application Under the Trade Act of 1974 (as amended), should be completed immediately following your separation date from the trade-affected employer or the TAA certification date of the trade-affected employer. Do not wait until the exhaustion of your UC benefits.
Each TAA program benefit has distinct eligibility requirements and must
be applied for separately. To receive these benefits, you must file your
applications or take certain actions within certain time limits. For
example, to be eligible for any TRA benefits under a petition filed on
or after Nov. 4, 2002, you must:
If issued a waiver of this requirement, you must still apply for
training within 210 days of your separation or petition certification in
order to be eligible for additional TRA benefits.
The Trade Act of 2002 includes additional benefits for petitions that
were also certified for Alternative Trade Adjustment Assistance
(ATAA). ATAA provides assistance to eligible trade-affected
workers aged 50 or older who obtain new employment that pays less than
their trade-affected employment. Workers may receive up to half of the
difference between the workers old wage and the new wage up to a maximum
of $10,000. Annual earnings for the new employment cannot exceed $50,000
per year. In addition, workers must obtain full-time reemployment within
26 weeks of their qualifying separation from the trade-affected
employment and file an application within two years of the reemployment
date.
If you qualify to receive TRA benefit payments under the TAA Program, or
you would be eligible for TRA benefits but have not yet exhausted your
UC, you may be eligible for a federal Health Coverage Tax Credit
(HCTC) equal to 65 percent of the amount you pay for qualified
health coverage for you and your family members. An individual who meets
the TRA qualifying criteria as an eligible individual must be covered by
a qualified health program, have no other coverage, and not be in
prison.
For more information regarding TAA benefits, please contact the UC
Service Center, visit your local Pennsylvania CareerLink, or log onto
the U.S. Department of Labor Web site at www.doleta.gov/tradeact.
For information regarding HCTC, please contact the HCTC Customer Contact
Center by phone at 1-866-628-4282 (TDD/TTY: 1-866-626-4282) or visit
their Web site at www.irs.gov, Keyword:
HCTC.
Disaster Unemployment Assistance (DUA) is a federally-funded program
which provides financial and reemployment assistance to certain
individuals whose employment has been lost or interrupted as a direct
result of a major disaster. Based on a request from the Governor, the
President of the United States declares that a major disaster has
occurred and defines the disaster assistance area. After this
declaration, the Pennsylvania Department of Labor & Industry
immediately announces the affected area and the period for filing
applications for assistance. Under the DUA program, the department takes
applications, determines eligibility, and pays benefits.
More information on the DUA program is available by calling the UC
Service Center and requesting the pamphlet DUA-5, Disaster
Unemployment Assistance.
All benefits are considered gross income for federal income tax
purposes. This includes benefits paid to former federal civilian and
military employes and benefits paid under the Federal Trade Adjustment
Assistance and Disaster Unemployment Assistance Programs. The department
reports these benefits to the Internal Revenue Service (IRS) for the
calendar year in which the benefits were paid no matter when the claim
was filed.
It is your responsibility to determine if you owe tax on these benefits. Failure to pay taxes on these benefits could result in underpayment penalties imposed by the IRS. If you decide that you owe tax, you may either:
The tax will be withheld only if you request it. If requested, the tax
will be withheld at the rate of 10 percent of your weekly benefit rate
plus the allowances for dependents (if any). If you elect to have
Federal Income Tax withheld from your UC benefits, you may make this
choice when you file your initial claim for benefits or at any other
time on our Web site or by calling PAT. You may also stop having
the tax withheld from your benefits.
For help in determining if you will owe tax, how to make estimated tax
payments, or how to increase a spouse's withholding, call the IRS at
1-800-829-1040.
Note: Taxes withheld can only be refunded to you by the
IRS.
By the end of January of each year, the Pennsylvania Department of Labor &
Industry mails Form UC-1099G, Statement for Recipients of Unemployment
Compensation Payments, to individuals who were paid UC benefits during
the prior year. This statement shows the amount of UC benefits paid and
the amount of federal income tax withheld, if any. The statement will be
mailed to your address of record. (The U.S. Postal Service will forward
Form UC-1099G if it has a forwarding address on file.)
Forms UC-1099G for the current and prior tax years are available
via the Internet. View your UC-1099G online at www.dli.state.pa.us,
Keyword: UC-1099G. This site is available Sunday through Friday, 6 a.m.
to 9 p.m., and can be accessed from any personal computer connected to
the Internet--all you need is your Social Security Number and UC PIN.
You may also request an additional copy of your Form UC-1099G via PAT,
during the period February through May. If you need a statement for a
different tax year, call your UC Service Center.
IMPORTANT: The Pennsylvania Department of Labor &
Industry routinely exchanges earnings and benefit payment information
with other state, federal and local agencies. Computer resources are
used to detect the illegal receipt of benefits resulting from unreported
wages and pensions. Failure to report wages and pensions may result in
your disqualification for benefits and in fines and/or imprisonment. In
addition, the department verifies the immigration status of all aliens
with the U.S. Citizenship and Immigration Services.
WHAT CAN THE PENNSYLVANIA CAREERLINK DO FOR
YOU?
Pennsylvania has a local network of PA CareerLinks located throughout
the state. Annually, PA CareerLinks list over 150,000 job openings and
provide employment-related services to over 400,000 customers. These
offices offer a wide variety of reemployment services and are available
to assist you in your job search. Professional staff utilizes the most
current job search techniques and approaches which will be valuable to
you.
The following describes some of the valuable services available at
no cost to you:
To take full advantage of the above services, you must visit the PA
CareerLink. For the location of the PA CareerLink nearest you, refer to
your Claim Confirmation Letter or local telephone directory.
You can help your job search efforts by keeping your PA CareerLink
regularly informed if you are not successful in finding a job and by
providing any changes in your address and/or telephone number. Regular
contact with your PA CareerLink will keep your application active.
In addition to the in-person employment services listed above, on-line
employment services are available to you by visiting the Pennsylvania
CareerLink Web site at www.cwds.state.pa.us.
Remember, contacting your PA CareerLink can save you time and money when
you are looking for a job.
RATE AND AMOUNT OF UC BENEFITS
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||