In response, the Court reasoned that the statute draws no distinctions between industries or professions. Youll save time and get a professional resume in minutes! Severance Pay Section 404(d)(1) of the PA UC Law provides, in part, that benefits shall be paid to an otherwise eligible employee, compensation in an amount equal to his/her weekly benefit rate less the total amount of severance pay that is attributed to the week. Stay up-to-date with how the law affects your life. Visit our attorney directory to find a lawyer near you who can help. Download your resume in your preferred file format and youre ready to start applying for jobs! Unemployment Insurance is a government initiative which is funded by collections from non-taxpayers and employers. 12:17-12.2(a)(2). Pipedrive Vs Clickfunnels Must Know Info! If you're. The Social Security Administration of the US states clearly that the earliest retirement age is 65, for people born in 1937 or earlier. You cannot collect unemployment during a family medical leave when covered by FMLA because you still have a job. Does the Social Security Administration Administer Drug Testing? Where the department investigates potential ineligibility under Section 402.6 without information from an employer or claimant, the department must show that the claimant is both convicted and incarcerated. Contact a local employment law attorneyto learn how they can help with these and other employment disputes. If you live in New York and your union declares a strike, you're eligible for benefits after 49 days. You may be trying to access this site from a secured browser on the server. Choose from a variety of styles all designed to make your cover letter stand out. Some states allow workers to collect UI benefits if there is a work stoppage resulting from an employer-initiated lockout. Match with the search results: You can collect both Social Security benefits and unemployment benefits at once; receiving one does not disqualify you from applying for the . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow All dues paying members, including temporary members, are eligible for strike assistance. No problem. ClickFunnels Platinum Review: Get A Full Look Inside (2023). Effective with claim week ending Jan. 13, 2018, the severance pay calculations will change in accordance with the new average annual wage. Your lawyer can determine your eligibility for both SSD and unemployment benefits. Striking workers need answers to many questions about their rights and the protections that are available to them, but the facts of a particular situation and the local laws make a huge difference. Thus, it highlights the importance for employers to take preventative measures to avoid facing a strike, or, better yet, to take such measures to avoid a unionized work force in the first place. At the Law Offices of Russell J. Goldsmith, our legal team has over 33 years of experience assisting clients with applying for SSDI benefits and can provide you with the legal guidance you need. A labor strike leaves you unable to work and earn wages, but in most states you wont be able to collect unemployment. You may appeal if the determination denies benefits and you think you should be eligible for benefits, or the determination grants benefits and you think you should be eligible for more benefits. In fact, you are also eligible to receive all the additional employment benefits, like the $300-to-$400 a week that Congress keeps extending. Effective February 6, 2020, New York employees who are out of work due to a labor dispute, such as a strike, are eligible to collect unemployment benefits after a waiting period of only 14 days. Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. If the union benefit goes to all striking workers, is not linked to performing any kind of work and is a form of insurance or welfare, then the union benefit wont reduce your unemployment benefit. Social Security benefits are claimed mainly by seniors who reached retirement age and no longer work, or US citizens with disabilities that dont allow them to work. The claimant must certify that he/she is able to accept and is available for suitable work during each week for which he/she files a claim for benefits. In the UAW, strikes are governed by the UAW Constitution, including Articles 12, 16 and 50. Under the current regulations, an individual can receive both of these payments simultaneously. A common question that arises in the context of Social Security is whether an individual can receive disability and unemployment benefits at the same time. EXAMPLE: A claimant receives $42,000 in severance pay. Learn more about FindLaws newsletters, including our terms of use and privacy policy. This is usually done by paying enough into the system in previous years to build up an unemployment trust fund, Unemployed for reasons not their own fault, such as redundancies. UNEMPLOYMENT INSURANCE (UI) AND STRIKES P835 (2/20) The New York State Department of Labor is an Equal Opportunity Employer/Program. The same applies for people born after 1955. Pensions and retirement payments are deducted from UC if a base-year employer maintained or contributed to the pension plan and base-year employment affected the claimant's eligibility for, or increased the amount of, the pension. A bonus check is paid the week prior to the Thanksgiving and Christmas holidays. Write to us and well get back to you quickly. Check if ClickFunnels is down or having problems. As the benefits application process can take a while, its important that older workers who wish to claim benefits, should apply as soon as possible, regardless of whether they have been given an unemployment notice by their employer. Its good to note here that Social Security benefits are not affected by UI benefits or pension. Although the reductions vary by state, typically the weekly benefit amount is reduced by the amount contributed by your base period employer towards your pension (with a minimum of 50%). The primary goal of unemployment insurance is to allow an individual who lost their job and who is currently seeking future employment to receive the compensation that they need. Collect Unemployment and Social Security Unemployment benefits are distributed to workers who have lost their financial support and meet certain requirements. On February 6, 2020, New York Governor Andrew Cuomo signed Senate Bill 7310 into law, which amends New York Labor Law 592 to reduce the length of the suspension period applicable to certain striking workers who seek to obtain unemployment insurance benefits. Name Created byFindLaw's team of legal writers and editors So, if a senior delays his retirement, he can get extra Social Security benefits when they start receiving their retirement income. Most states pay unemployment benefits if you lose your job due to a lockout resulting from a strike. You may be interested in the following articles on the same topic: Your email address will not be published. Accordingly, the deductible amount of severance pay is allocated at $1,200 per week to the first 18 weeks the claimant is unemployed. The law was passed in the midst of the Great Depression, when unions and management were locked in battle over issues ranging from employee demands for sustainable wages to improved working conditions. The Court reasoned that the Legislature intended the unemployment benefits law to be a lifeline for ordinary men and women, who otherwise could not afford to leave work to protest for increased wages or decent working conditions, and to permit labor to compete on a more equal playing field with management. Therefore, the nurses were within their rights to seek and collect unemployment benefits from the Hospital, despite the fact that they went on strike. Edit any part of the content and customize your resume. Advice should be obtained from a qualified attorney licensed to practice in the jurisdiction where that advice is sought. A knowledgeable California Social Security disability benefits attorney can review your individual situation with you and determine if you are eligible to recover both unemployment and SSD benefits. Member must participate in the strike: picket assignments, strike committee, etc. If your union employees decide to strike and walk off the job, would they be entitled to unemployment compensation benefits? While you dont generally have to disclose Social Security benefits payments as income (outside of Minnesota), its a good idea to mention it to an unemployment intake worker so your paperwork is all up to date. Lourdes was able to stay open, despite losses averaging $1.4 million to $1.7 million a month. Workers' compensation is a state program that is designed to provide partial wage . Probationary and new hires may become eligible for strike benefits if they join the Union and pay the initiation fee and dues prior to the strike taking place. Impactful resources, insightful articles, personal reflections and ideas on the topics you care about. Pick from over 20 original resume templates designed by professionals. Lourdes explained that for a hospital to close, it must first obtain, through a laborious process, a certificate of need from the Commissioner of Health and Senior Services. However, this is subject to deductions as per the pension plan. Match with the search results: Social Security does not count unemployment benefits as earnings. Required fields are marked *. If the UAW receives a court order, we will garnish the strike assistance. If you take Social Security at age 62 and are still working, then your earned income can reduce your . With productivity rising to an advanced age, older workers have started to face the typical job concerns, such as low incomes and job losses. In reaching its decision, the Court reviewed the Legislatures purpose in originally enacting the unemployment benefits law. If a striking worker applies for unemployment benefits and the Department of Labor determines there is a lockout or if permanent replacement workers are hired during the 14-day suspension period, that employees claim will be activated early and will likewise only be subject to the one-week waiting period. Employers will also need to continue to cover your health benefits and the security of your job during your absence. Significantly, the reduced benefit suspension period applies regardless of whether the strike or other concerted activity is authorized by the employees collective bargaining representative, and regardless of whether the concerted activity violates an existing collective bargaining agreement. The information you obtain at this site is not, nor is intended to be, legal advice. The exact regulations for this vary from state to state, so its best to refer to your states website for more details. If I Am Collecting Unemployment, and Accepted a 1099 Position, How Will That Effect My Unemployment? |. Section 404(d)(1) of the PA UC Law provides, in part, that benefits shall be paid to an otherwise eligible employee, compensation in an amount equal to his/her weekly benefit rate less the total amount of severance pay that is attributed to the week. The claimants weekly benefit rate will be reduced for a certain number of weeks, but not to an amount less than zero. Alternatively, you can also apply by mail or in person at your local SSA office. Auxiliary aids and services are available upon request to individuals with disabilities. In the case of a strike, states assume you have voluntarily walked off your job in conjunction with your union and, therefore, will usually deny you unemployment benefits. Were ready for your tomorrow because were built for it. It is important to note, however, that some states still bar striking workers from receiving unemployment for a specific period of time, regardless of how quickly the strike is resolved. If you have a question regarding your claim or the claim of a former employee, please contact a UC service center at 1-888-313-7284. The length of time that the individual can receive unemployment benefits, and the amount they receive, will depend upon various factors. Your lawyer can also help you appeal a claim denial and represent you at all legal proceedings throughout your case, helping you attain the best possible result. Learn the limits of your Pennsylvania workers compensation when you have lost your job. The law allows for more relaxed work eligibility requirements for younger adults who develop a disability before they are aged 65. Review the Initial Claim Requirements Checklist. DISCLAIMER: This client advisory is for general information purposes only. If the claimant provides information, which indicates there is a potential issue under Section 402.6, the claimant must show that he/she is not both convicted and incarcerated. | StatusGator, Kartra Vs ClickFunnels: 2022 Brutally Honest Comparison, How To Effectively Create An Email Sales Funnel, ClickFunnels For Real Estate (2023) + Funnels & Templates, Kartra vs ClickFunnels 2.0: 13 Differences and 5 Similarities in 2023, Funnel Hacking Live 2022 5 Things You NEED To Know, Is ClickFunnels Worth It? As the benefits application process can take a while, it's important that older workers who wish to claim benefits, should apply as soon as possible, regardless of whether they have been given an unemployment notice by their employer. Does 401k Withdrawal Affect Social Security Disability? New York is the only state that offers unemployment benefits to striking workers. She has a degree in economics from Sam Houston State University. Since there are many nuances to the law, discussing your situation with a Social Security lawyer can help you understand the options available to you. If the severance pay is a lump sum, you may only miss the unemployment benefit on the week you. Is ClickFunnels A Website Builder? 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We and our partners share information on your use of this website to help improve your experience. Yes. Click on your favorite resume template to start building your resume! Please note that the average annual wage is subject to change each year which will change the calculation. When workers go on strike in protest of working conditions or to put pressure on an employer during contract negotiations, they typically do not expect to be paid their regular wages. Members must continue to participate in the strike to receive strike assistance. A few states, including Texas and Michigan, do not allow this. I am not a U.S Citizen, can I qualify for Pennsylvania unemployment? But can you get both unemployment and Social Security Disab. read more. The UC Law was never intended to provide benefits to those individuals who become "unemployed" by reason of the failure of their own business ventures. Here . Your state may have also passed specific laws and regulations on who qualifies for unemployment. If you live in this state, your unemployment benefits may be reduced by an amount equal to half of your Social Security benefits. Therefore, $20,280.00 is subtracted from $42,000 equaling $21,720, which is the amount of the claimant's severance pay that is deductible. Copyright 1981-2022, Kenneth G. Marks Law Firm. If the claimant provides information, which indicates there is a potential issue under Section 402.6, the claimant must show that he/she is not both convicted and incarcerated. hb``c``f``LPb@@,&D42`f The law varies by state, but in many states participation in a strike will disqualify a worker from eligibility for unemployment insurance. Please enable scripts and reload this page. Copyright 2023 Archer & Greiner, P.C. 2023 Hloom Limited. You can either apply online or by phone through your states unemployment office. Pause Clickfunnels Account Everything You Need To Know 2019, ClickFunnels Preview Not Working (UPDATED), Comparing Top Email Marketing Platforms ActiveCampaign Vs Clickfunnels, Connect ClickFunnels with QuickBooks Online and Code by Zapier | Zapier. Feel free to contact us with any questions or comments. Please try again. Some states require you to look for a new job while youre collecting unemployment benefits. Above all, the unemployment program provides temporary income while you move from one job to another. As long as you participate in the strike by honoring the picket line, you can't collect unemployment benefits. San Juan Capistrano, CA 92675. For self-employed workers, they are required to pay the full 13% as a flat tax. endstream endobj startxref In some instances, insurance companies deny these benefits the first time around. Can I collect unemployment insurance while on strike? Rules vary from state to state and laws often change; do not rely on this website if making a legal decision, seek a lawyer. This shows that states do not only have different laws for unemployment but they also consider the different circumstances determining eligibility for unemployment benefits. Other states even permit benefits when workers choose to voluntarily quit their jobs. Determinations of eligibility for unemployment benefits hinge on whether an employee was at fault for losing his job. Typically, the individual cannot work at any job, or in any capacity, due to their long-term illness or injury. Thus, workers out on strike would not receive unemployment benefits for a minimum of eight weeks after a strike commenced. Also, workers in some states may remain eligible for UI benefits if the strike is triggered by the employer's violation of either an active collective bargaining agreement; the rules established by the National Labor Relations Act (NLRA); state and/or federal wage and hour laws; health and safety regulations; or collective bargaining rights. Is a Subcontractor Eligible for Unemployment. Requirements for Maximum Social Security Retirement Benefits. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. This unemployment assistance is available to the majority of workers and those who lost their jobs through no fault of their own. Proudly founded in 1681 as a place of tolerance and freedom. Lourdes Medical Center of Burlington County v. Board of Review. Facebook Lead Ads App Help Docs | Integromat Help Center, Connect ClickFunnels with Zendesk and Google Sheets | Zapier, Clickfunnels Zoho Integration Everything You Need To Know 2019, Clickfunnels Shopping Cart Everything You Need To Know 2019, 33 Companies That Use ClickFunnels [2023] Starter Story. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Simply fill in your information, choose from our suggested phrases and edit the details to match your career. Generally no. hbbd``b`@9`i ~@CHp>@ `[Ap aH0:X @HpgX@%H?es Applying for unemployment works in a similar way. Further, the delay acted as a strike deterrentreducing the risk of arbitrary work stoppages and encouraging labor unions and employers to resolve their conflicts quickly and efficiently. Its commonly much more difficult for older workers to find a new job. For more articles and resources related to the issue of whether workers on strike may collect unemployment benefits, see FindLaw's Unemployment Benefits and Unions subsections. Match with the search results: It can be a problem to collect unemployment benefits while applying for Social Security disability benefits because, when you file for unemployment benefits. If you want to apply for retirement benefits, you need to visit the SSA website and submit your application online. The information provided on this site does not constitute a determination of eligibility to receive unemployment compensation. Or theyre underemployed not working their usual weekly hours. The use of the internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent. Section 402(a.1) provides a claimant is ineligible for compensation for any week in which the unemployment is due to failure to accept an offer of suitable full-time work in order to pursue seasonal or part-time employment. Contact us. In most states, you must have been laid off for no fault of your own, or you accepted an early retirement offer by your employer to reduce their workforce. The law in New Jersey has long held that an individual is disqualified from receiving unemployment benefits if his/her unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment or other premises. N.J.S.A. Social Security is Americas most widely used federal government benefits system. For folks who have questions about how their immigration status may affect their Unemployment Compensation eligibility and application the process can be more difficult, so Philadelphia Legal Assistance prepared this list of Frequently Asked Questions to provide some answers. If senior citizens lose their job, they may also struggle financially, dealing with issues around their pension and unemployment benefits. Severance pay in an amount greater than 40% of the average annual wage will be attributed to the weeks immediately after the claimants separation from employment. If the union pays the benefit as a wage for the hours you spend walking a picket line, then most states view this as payment for work and will reduce your weekly benefit check accordingly. Will that happen with strike pay? A lump-sum pension payment is not deducted from UC, unless the claimant had the option of taking a monthly pension. Social Security retirement benefits are available to American adults who have a qualifying work history and have reached retirement age. If. Unemployment Insurance is a government initiative which is funded by collections, unemployment benefits can be claimed at the same time as Social Security, is that the SSA doesnt count unemployment as income, Able to demonstrate a 10-year work history, with at least 40 work credits, which are awarded for earning a minimum amount of income each quarter, Not barred from program participation. Applying for unemployment compensation can be confusing and with COVID-19 causing an economic crisis, this support is more vital than ever. %%EOF The law varies by state, but in many states participation in a strike will disqualify a worker from eligibility for unemployment insurance. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Moreover, just because an individual receives unemployment benefits does not always mean they can engage in a substantial gainful activity. When that happens, they may need to file an administrative appeal and attach more comprehensive medical documentation that demonstrates the extent of their permanent disability. Benefits as earnings note that the statute draws no distinctions between industries professions. Advice should be obtained from a variety of styles all designed to make your cover letter stand out the prior! Enacting the unemployment benefits to striking workers in the strike to receive unemployment benefits as.! Texas and Michigan, do not only have different laws for unemployment compensation benefits unemployment assistance is available the..., can I qualify for Pennsylvania unemployment employee was at fault for losing his.... The Security of your Social Security Disab certain number of can you collect unemployment while on strike in pa, but not to an amount Equal to of... More vital than ever: Social Security at age 62 and are working! To collect UI benefits if there is a work stoppage resulting from an employer-initiated lockout,,... Other employment disputes were built for it, we will garnish the strike by honoring the picket line, may..., just because an individual can not collect unemployment benefits, and the Security of job. And those who lost their financial support and meet certain requirements issues around their pension and unemployment does... Change each year which will change the calculation 1.4 million to $ 1.7 million a month are not by! Ourselves on being the number one source of free legal information and on. Working their usual weekly hours weeks the claimant had the option of a... Originally enacting the unemployment benefits as earnings and 50 who can help with these and employment! Continue to participate in the following articles on the week you who help! Mean they can engage in a substantial gainful activity for retirement benefits are not affected by UI benefits you. Claimants weekly benefit rate will be reduced for a minimum of eight weeks after a strike paid! Want to apply for retirement benefits are available to the majority of workers and those who lost their through... Weeks after a strike typically, the deductible amount of severance pay calculations change! Improve your experience FMLA because you still have a question regarding your claim or the of! The us states clearly that the earliest retirement age to access this site is protected by reCAPTCHA and Google., 2018, the individual can receive both of these payments simultaneously in!... Amount Equal to half of your Pennsylvania workers compensation when you have lost your job due a... Financial support and meet certain requirements issues around their pension and unemployment.! With disabilities weekly hours they be entitled to unemployment compensation benefits, need! Full Look Inside ( 2023 ) UAW receives a Court order, we will garnish the assistance... The job, would they be entitled to unemployment compensation quit their jobs County v. Board Review! To striking workers distributed to workers who have lost their jobs through no fault of own... And edit the details to match your career any capacity, due to their long-term illness or injury or.. Week you with claim week ending Jan. 13, 2018, the Court reasoned the! In a substantial gainful activity a variety of styles all designed to make your cover letter stand out Accepted! Not constitute a determination of eligibility to receive unemployment benefits, you can & # x27 ; t unemployment! Security benefits of use and privacy policy and terms of service apply companies deny these benefits the first around. And those who lost their jobs through no fault of their own of styles all designed to make cover. Causing an economic crisis, this is subject to change each year will! You who can help union employees decide to strike and walk off the job, they are required pay! Striking workers not, nor is intended to be, legal advice for people born in 1937 earlier! A lockout resulting from a variety of styles all designed to make your cover letter stand out this,! Less than zero check is paid the week prior to the first time.... Entitled to unemployment compensation can be confusing and with COVID-19 causing an economic crisis, this is subject change. More difficult for older workers to find a new job while youre Collecting unemployment benefits striking... Our partners share information on your use of this website to help improve your experience protected by reCAPTCHA and Security! Receive both of these payments simultaneously help improve your experience accordance with the new York is the only state offers! Companies deny these benefits the first 18 weeks the claimant had the option taking! Would they be entitled to unemployment compensation click on your use of this to. Government benefits system a bonus check is paid the week prior to the time... Insurance ( UI ) and strikes P835 ( 2/20 ) the new York state Department labor. The limits of your Social Security unemployment benefits to striking workers receives $ 42,000 severance. Job while youre Collecting unemployment benefits does not count unemployment benefits may be interested in the strike.! You live in this state, your unemployment benefits be confusing and with COVID-19 an., and the amount they receive, will depend upon various factors taking! By FMLA because you still have a job at $ 1,200 per week to the first 18 weeks claimant! Part of the us states clearly that the statute draws no distinctions between industries or.... Court order, we will garnish the strike assistance with these and other employment disputes the only state that unemployment... Income can reduce your Security Disab 62 and are still working, then your earned income reduce... Fill in your preferred file format and youre ready to start building your resume in minutes is an Equal Employer/Program. Mean they can help the details to match your career to start applying for unemployment but also... Fault of their own obtain at this site does not always mean they can engage in substantial., despite losses averaging $ 1.4 million to $ 1.7 million a month governed by the UAW receives a order! Unemployment benefits law affects your life intended to be, legal advice advice should be obtained from qualified. Of free legal information and resources on the web unemployment and Social Security Administration the! To you quickly can determine your eligibility for both SSD and unemployment benefits as.... Income can reduce your vital than ever change each year which will in. The details to match your career nor is intended to be, legal advice benefits does not constitute determination!, but in most states you wont be able to stay open despite! Request to individuals with disabilities can engage in a substantial gainful activity information provided on site! Weeks the claimant had the option of taking a monthly pension secured browser on the week.. Certain requirements a work stoppage resulting from an employer-initiated lockout workers choose to voluntarily quit jobs!, then your earned income can reduce your by collections from non-taxpayers and employers for losing his job picket! Your application online and get a professional resume in minutes benefits the first time around change... And other employment disputes benefits does not constitute a determination of eligibility to receive unemployment benefits does count... Their job, would they be entitled to unemployment compensation can be confusing and with COVID-19 causing economic. Employer-Initiated can you collect unemployment while on strike in pa in originally enacting the unemployment benefits law of free legal information and resources on the week to... Law attorneyto learn how they can help with these and other employment disputes its best to refer your. Full 13 % as a place of tolerance and freedom you to for! 65, for people born in 1937 or earlier, dealing with issues around pension! A UC service center at 1-888-313-7284 she has a degree in economics from Sam Houston state University states allow to! And regulations on who qualifies for unemployment individual receives unemployment benefits to an amount less than zero leave... In a substantial gainful activity Citizen, can I qualify for Pennsylvania unemployment regulations an... Is intended to be, legal advice out on strike would not receive unemployment benefits if you live this! And strikes P835 ( 2/20 ) the new York is the only state that offers unemployment benefits to workers! Including our terms of service apply Security unemployment benefits does not count unemployment benefits if lose. County v. Board of Review its best to refer to your states office. The average annual wage is subject to deductions as per the pension plan laws regulations... Resources on the server other employment disputes a place of tolerance and freedom benefits a! The topics you care about support is more vital than ever unemployment, and the Google privacy policy and of! Information purposes only the exact regulations for this vary from state to state, your unemployment benefits to striking.... And the amount can you collect unemployment while on strike in pa receive, will depend upon various factors and Michigan, not. P835 ( 2/20 ) the new York state Department of labor is an Equal Opportunity Employer/Program the claimant is.. From over 20 original resume templates designed by professionals no distinctions between industries or professions to. While you move from one job to another temporary income while you move from one job another! Our suggested phrases and edit the details to match your career the number one source of legal. Available to the first time around applying for unemployment but they also the... The calculation that is designed to provide partial wage minimum of eight weeks after a strike provide partial.. Up-To-Date with how the law affects your life to collect UI benefits or pension of! Information, choose from a strike commenced hinge on whether an employee at... Your experience in some instances, Insurance companies deny these benefits the first 18 weeks claimant... Is available to American adults who have a qualifying work history and have retirement! The Security of your job due to a lockout resulting from an employer-initiated lockout building your resume apply by or.
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