34 Pa. Code § 63.23 - Unacceptable reasons
(a) The
Department will not approve an application for review and redetermination of
contribution rate based on the following reasons:
(1)
Questions of
eligibility. Claimants who caused the benefit charges were ineligible
to receive unemployment compensation.
(i)
Questions of eligibility for compensation shall be resolved conclusively under
sections 501-512 of the law (43 P. S. §§
821-832) and §
65.63 (relating to filing of
appeals).
(ii) Appeals raising
questions of eligibility for compensation shall be filed in the manner and
within the time prescribed in the law and this subpart. (For detailed
instructions, see Form UC-44F, Notice of Financial Determination, which is
mailed to base-year employers at the time the Department makes the financial
determination on the application for benefits by the claimant.)
(2)
Claimants who caused
benefit charges. Claimants who caused benefit charges were separated
from the applicant due to being discharged for willful misconduct connected
with their work or due to leaving work without good cause attributable to their
employment.
(i) Questions as to the right to
relief from charges for these reasons shall be resolved conclusively under
section 302(a) of the law (43 P. S. §
782(a)) and §§
63.31-63.37 (relating to relief from
benefit charges).
(ii) Requests
raising these questions shall be filed in the manner and within the time
prescribed in the law and this subpart. (For detailed instructions, see Form
UC-44FR, Request for Relief from Charges, which is mailed to base-year
employers with the Form UC-44F.)
(3)
Benefits charged to employer's
reserve account. Benefits charged to the reserve account of the
employer as shown on Form UC-640, Monthly Notice of Compensation Charged, are
incorrect.
(i) Questions regarding the
accuracy of benefit charges on Form UC-640, shall be resolved conclusively
under section 301(e)(1) of the law (43 P. S. §
781(e)(1)).
(ii) Protests contesting the accuracy of the
charges shall be filed in the manner and within the time prescribed in the law
and this subpart. (For detailed instructions, see Form UC-640, Monthly Notice
of Compensation Charged, which is mailed to base-year employers following the
payment of unemployment compensation to their former employees.)
(4)
Reserve account
balance. The reserve account balance as indicated on the Contribution
Rate Notice is inaccurate, if the alleged inaccuracy is attributable to an
error that occurred more than 4 years prior to the computation date for the
contribution rate in question.
(5)
Payment plan default. The rate of contribution assigned after
the employer defaults on a deferred payment plan is incorrect for reasons
unrelated to the payment plan or the default.
(i) Under section 301(a)(2) of the law, an
employer that is delinquent in the payment of contributions, interest or
penalty is assigned a rate of contribution that is the sum of 3% plus the
employer's rate as otherwise determined. However, if the employer is complying
with a deferred payment plan, section 301(a)(2) of the law provides that the
Department will issue a rate of contribution that does not include the
additional 3%. If the employer defaults on the payment plan, section 301(a)(2)
of the law provides that the employer's contribution rate or rates for the
period of the payment plan are retroactively revised to include the additional
3%.
(ii) If an employer with a
deferred payment plan is assigned a rate that does not include the additional
3% and the employer is dissatisfied with the assigned rate, the employer is
responsible to timely contest the assigned rate. If an employer defaults on a
payment plan and the employer's rate is revised to include the additional 3%,
an application for review and redetermination of contribution rate filed in
response to the rate revision is limited to the issue of whether a default on
the payment plan occurred.
(b) An application for review and
redetermination of contribution rate will not be disapproved under this section
while the issues of benefit eligibility or charge relief are pending under the
provisions specified, neither shall the application be disapproved pending such
proceedings. In those cases, the employer's application shall be held in
abeyance until final resolution of the issue of eligibility or relief from
charges.
Notes
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