Lincoln Borough v. Employer Accounts Review Board
Lincoln Borough v. Employer Accounts Review Board
Opinion of the Court
Opinion by
Lincoln Borough (petitioner) appeals a decision of the Employer Accounts Review Board (Board) which determined that the petitioner was obligated to reimburse the Office of Employment Security for a portion of the benefits received by a part-time employee who had been laid off by another employer from his full-time work.
Emil Vallecillo (claimant) was hired as a part-time policeman by the petitioner in 1981, at which time he was also employed full-time by United States Steel (U.S. Steel). In 1982 U.S. Steel furloughed the claimant, who retained his part-time employment with the petitioner and who remains so employed. The claimant thereafter filed an application for unemployment compensation benefits which was granted, and he received a total of $6,257 in benefits between June 1983 and March 1984.
At all times relevant the petitioner was a “reimbursable employer” under Sections 1201 through 1204 of the Pennsylvania Unemployment Compensation Law (Law),
*410 Any political subdivision of the Commonwealth . . . which ... is or becomes liable to the contribution provisions of the [Law] may, in lieu of payment of such contributions, elect to pay to the department for the Unemployment Compensation Fund, an amount equal to the amount of. . . benefits . . . paid, . . . that is attributable to service in the employ of such political subdivision. . . .
43 PS. §912.2(a).
The claimant had earned $10,445 during 1982, his base year,
If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions. . . .
(a) ... the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base-year wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers.
43 P.S. §908.
The petitioner further asserts that the provisions of Section 1108 likewise have no applicability to it, arguing that the introductory terms of that section indicate that it pertains only to employers who are liable for payments in lieu of contributions. As we have already determined, however, the petitioner is such an employer and may not, therefore, deny the applicability of this section.
The petitioner also contends that its right to equal protection is violated because, under certain circumstances, the Law grants relief from charges to contributing employers by the terms of Section 302(a), 43 P.S. §782(a), but does not there provide such relief to “reimbursable” employers. We would preliminarily observe, however, that, notwithstanding the petitioners assertion that the disparate treatment of reimbursable employers is fundamentally unfair, no fundamental right
We conclude, therefore, that a rational basis exists to justify the classification and disparate treatment afforded the two groups of part-time employers with respect to the relief from charges.
We will, therefore, affirm the order of the Employer Accounts Review Board.
Order
And Now, this 27th day of June, 1986, the order of the Employer Accounts Review Board in the above-captioned matter is affirmed.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §§911-914.
For the purposes of determining eligibility and calculating benefits, Section 4(a) of the Law defines “base year” as “the first four of the last five completed calendar quarters immediately preceding the first day of an individual’s benefit year.” 43 P.S. §753(a).
The provisions are set forth in Article III, Sections 301-314 of the Law, 43 P.S. §§781-794.
The pertinent provisions are set forth in Articles X-XIL Sections 1001-1204 of the Law, 43 P.S. §§891-914.
Reference
- Full Case Name
- Lincoln Borough, a Municipal Corporation v. Employer Accounts Review Board of the Commonwealth of Pennsylvania, Department of Labor and Industry, Office of Employment Security, Commonwealth of Pennsylvania
- Cited By
- 1 case
- Status
- Published