Section 402.1 of the Unemployment Compensation Law - Interpertation
In Daman v. Unemployment Compensation Bd. of Review, 840 A.2d 457 (Pa. Cmwlth. 2004) the employee, a per diem long-term substitute teacher, was prohibited by Section 402.1 of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. 802.1, added by Section 5 of the Act of July 6, 1977, P.L. 41, from collecting benefits "between successive academic years."
The referee and Board held that because the claimant was financially eligible for regular benefits he had not met the exhaustion requirement.
The Court agreed, noting that the regular benefits "were merely held in abeyance by operation of law due to the limiting language in Section 402.1." Daman, 840 A.2d at 459.