Opinion
November 14, 1961.
December 14, 1961.
Unemployment Compensation — Second benefit year — Failure to comply with active registration requirement — Mandatory provisions of § 4(w)(2) of Unemployment Compensation Law.
1. The provisions of § 4(w)(2) of the Unemployment Compensation Law are mandatory.
2. In an unemployment compensation case, in which it appeared that claimant, who had exhausted his entitlement for the first benefit year by filing a claim for his final compensable week, thereafter did not report within a sixty-day period, it was Held that his application for benefits for a second benefit year was properly disallowed on the ground that he had failed to comply with the active registration requirement set forth in § 4(w)(2) of the Unemployment Compensation Law.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 266, April T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-64578, in re claim of Elbert D. Peluso. Decision affirmed.
Elbert D. Peluso, appellant, in propria persona.
Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.
Argued November 14, 1961.
Elbert D. Peluso was last employed as a laborer by the National Tube Division of the United States Steel Corporation, Elwood City, Pennsylvania. His final day of work was March 11, 1960, on which date he had a valid separation. Peluso thereafter filed an application for unemployment compensation, and received benefits for thirty weeks. On March 12, 1961, having had no intervening employment, he filed an application for benefits for a second benefit year, which was within ninety days after the termination of the preceding benefit year. His application was disallowed by the Bureau of Employment Security, the Referee, and the Board of Review on the ground that he had failed to comply with the active registration requirement set forth in section 4(w)(2) of the Unemployment Compensation Law. Act of December 5, 1936, P.L. (1937) 2897, 43 P.S. 751 et seq. This appeal followed.
The record discloses that, on October 28, 1960, claimant exhausted his entitlement for the first benefit year by filing a claim for his final compensable week. On that date, according to his own signed statement, claimant was notified of the requirement of section 4(w)(2) that he must maintain an active registration for work by reporting to the local office at intervals of not more than sixty days, and was given a form UC-483. See Lodge Unemployment Compensation Case, 194 Pa. Super. 626, 169 A.2d 305. Claimant reported on December 23, 1960, but did not report thereafter until February 23, 1961, which was beyond the sixty-day period. Unfortunately for claimant, the provisions of the statute are mandatory. See Kuhnert Unemployment Compensation Case, 195 Pa. Super. 253, 171 A.2d 537, and cases therein cited.
Decision affirmed.