On January 1, 2012, Act 6 of 2011 went into effect, which made some very important changes to Pennsylvania’s Unemployment Compensation Law. The most important aspect of this law was the way severance pay was treated with respect to calculating an employee’s unemployment compensation benefits. In some cases, severance pay may act as an offset against unemployment benefits which would reduce the amount of unemployment benefits a person can receive.
Prior to Act 6, employees could collect unemployment benefits regardless of the amount of severance received from their former employer. After the enactment Act 6, an offset is taken into consideration. The offset uses a formula to determine the amount of the offset based on “40% of the average annual wage.” Currently, “40% of the average annual wage” equals $17,853, which is subject to change. An employee can receive up to 40% of the average annual wage until their unemployment benefits are affected. As of 2015, this amount has increased to $19,417, and this figure will continue to change annually.
This means that if your severance award is less than $19,417, your unemployment benefits will not be affected. Any severance award you receive over $19,417 will reduce your unemployment benefits on a dollar-for-dollar basis. Severance agreements reached prior to January 1, 2012, will not be affected by this law. When applying for PA UC benefits, it’s important to notify the Department of Labor if you are receiving any severance so they can properly calculate the unemployment benefits you may be entitled to.
If you have any questions regarding your PA UC benefits, please feel free to contact me at (484) 362-9286.