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JANE M. EBOCH v. COMMONWEALTH PENNSYLVANIA (12/15/78)

decided: December 15, 1978.

JANE M. EBOCH, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Jane M. Eboch, No. B-141133.

COUNSEL

Donald K. Eboch, for petitioner.

Charles Hasson, Assistant Attorney General, for respondent.

Judges Crumlish, Jr., Wilkinson, Jr. and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 39 Pa. Commw. Page 269]

Claimant Jane M. Eboch terminated her employment with the McKeesport Area School District and moved with her husband to Chapel Hill, North Carolina, where Mr. Eboch had enrolled for the Fall term at the University of North Carolina Law School. On September 17, 1975 claimant filed an application for benefits under the Special Unemployment Assistance Program (SUA) instituted by Title II of the Emergency Jobs and Unemployment Assistance Act of 1974, 26 U.S.C. § 3304 (note).

As Judge Rogers stated in the case of Latimer v. Unemployment Compensation Board of Review, 27 Pa. Commonwealth Ct. 348, 352, 367 A.2d 342, 346 (1976), "[t]he SUA program basically covers 'employment and wages' which do not qualify for state unemployment compensation benefits."

Section 203(a)(2) of SUA, 26 U.S.C. § 3304 (note), allows unemployment compensation assistance under federal law only if the claimant "is not subject to disqualification"

[ 39 Pa. Commw. Page 270]

    under state unemployment compensation law.

The Bureau of Employment Security and, upon appeal, the Referee and the Unemployment Compensation Board of Review (Board) held claimant ineligible for SUA benefits because she was disqualified under Section 402(b)(2)(I) of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, as amended, 43 P.S. § 802(b)(2)(I), which bars compensation for unemployment due to leaving work "to accompany or to join his or her spouse in a new locality. . . ."*fn1

On appeal to this Court, we affirm.

Claimant had sought benefits under the exception to Section 402(b)(2), 43 P.S. § ...


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