can you collect unemployment while on strike in pa

The process for applying for both is not much different to applying for each individually. Now, under the new law, workers who are out of work due to a strike are only required to abide by a two-week suspension period before applying for unemployment benefits. 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. Different states handle the requirement to look for work during a lockout differently. Can I collect unemployment insurance while on strike? Do you have a different question? Can You Work While Applying for Social Security Disability? You cant file your claim until 49 days into the strike, and then youll have to wait another week in order to receive your first check. Required fields are marked *. 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. If you live in New York and your union declares a strike, you're eligible for benefits after 49 days. The party who carries the burden of proof is dependent on who alleges that the claimant is both convicted and incarcerated. Copyright 1981-2022, Kenneth G. Marks Law Firm. Under Pennsylvania law, and under the right set of circumstances (which we will explain) it is legal to collect both workers' compensation and unemployment benefits at the same time. The only exception with respect to ineligibility of corporate officers is provided in Section 402.4 of the Law. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. New York is the only state that offers unemployment benefits to striking workers. 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. A strike happens when workers collectively decide to withhold their labor, after authorization from the International. Are temporary employees entitled to strike assistance? Your state's unemployment agency may make similar assumptions if it discovers you've filed a claim for LTD benefits: namely that you're not "ready, willing, and able" to work and therefore don't qualify for benefits. Learn more about FindLaws newsletters, including our terms of use and privacy policy. If there is a lag time between when the strike ends and when the employer resumes operations, you may be eligible to collect UI benefits during this period. Elliot Marks Elliot has spent years providing clear and concise information to help navigate the complex nuances of social security and many other government services in the United States. We and our partners share information on your use of this website to help improve your experience. Effective with claim week ending Jan. 13, 2018, the severance pay calculations will change in accordance with the new average annual wage. 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. You may be required to pay back some or all of the Unemployment Benefits you received during the strike if your employer pays you back wages after the strike is over. 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. Were ready for your tomorrow because were built for it. Many employers may be inclined to answer no because of the logical understanding that individuals who voluntarily leave the workforce are not entitled to collect benefits. Are probationary employees and new hires entitled to strike assistance? No problem. It is uncommon, although possible, for an individual to receive both unemployment and SSDI benefits. Some states disqualify striking workers from UI benefits for a set period of time, regardless of how quickly the strike ends. %PDF-1.6 % What should you do if you want to apply for both benefits programs? and Eligibility for Unemployment Compensation Benefits for more information about unions and jobless benefits. Other states waive the job-hunting requirement during a lockout, though if the employer replaces workers, making jobs unavailable at the end of the lockout, then you must look for a new job in order to continue receiving your checks. For self-employed workers, they are required to pay the full 13% as a flat tax. 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. First let us take a quick look at both programs. This unemployment assistance is available to the majority of workers and those who lost their jobs through no fault of their own. endstream endobj startxref 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. ClickFunnels Payment Processing Alternatives to Stripe are a Renewed Focus for Gateway Funnel Pros in 2022, Etison LLC Trademarks (44) from Trademarkia page 1, ClickFunnels Marketing Funnels Made Easy, ClickFunnels Status. GauDay is a reputable cryptocurrency and financial information site, sharing the latest knowledge with a great perspective from experts. 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. Browse our articles and Career Corner for detailed resume and CV advice, along with other blog posts on job-specific career guidance and other job-related content. Match with the search results: The bill would allow workers to collect unemployment benefits from weeks four through 26 of a prolonged strike. 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. Professionally designed templates, expertly written content for all resume sections and user-friendly formatting tools make our builder the top choice for writing a resume online. Following are examples of eligibility issues that are not related to the claimant's separation from employment. The information you obtain at this site is not, nor is intended to be, legal advice. Its fast and easy! These benefits are either paid directly by the Fund according to the companys current plan or by having the Strike and Defense Fund make COBRA payments to the company plan. Last Updated on May 11, 2022 by Fair Punishment Team. %%EOF 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. On the other hand, the purpose of SSD benefits is to compensate an injured or ill worker whose medical condition prevents them from performing a substantial gainful activity (SGA). Section 402.6 provides, in part, that an employee shall not be eligible for any weeks of unemployment during which the employee is incarcerated after a conviction. The length of time that the individual can receive unemployment benefits, and the amount they receive, will depend upon various factors. The retirement age increases also by two months each successive year to 67 for those born in 1960 and later. Can You Claim Unemployment if You Relocate Because of a Hurricane? But there are some instances where employees who are not working due to a dispute with their employer may collect benefits. If you have any questions or do not understand any part of a determination, please feel free to contact the UC service center to request an explanation of your determination. Eligibility criteria for unemployment benefits are set at the state level by the individual department in your state that administers the program. read more, Average star voting: 4 ( 85259 reviews), Match with the search results: Fortunately for recipients, the SSA does not count unemployment benefits as income for reporting purposes, and 49 states (excluding Minnesota). Impactful resources, insightful articles, personal reflections and ideas on the topics you care about. Pick the one that suits you the most. With quick access to our expert insights, we can guide you through the whole process. You may be ineligible for benefits if you participate in a work stoppage that is determined by the department to be a strike. 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. Contact a qualified employment attorney to make sure your rights are protected. ClickFunnels vs GrooveFunnels 2023 Which One Is Best? Everything you need to know about resumes, cover letters and your career can be found on Hloom and our frequently asked questions page. The Social Security Administration of the US states clearly that the earliest retirement age is 65, for people born in 1937 or earlier. All Rights Reserved. Effective with applications for benefits dated Jan. 1, 2012, and after with some exceptions, the claimant is required to register for employment search services offered by the Pennsylvania Careerlink, apply for positions that offer employment and wages similar to those the individual had prior to becoming unemployed, participate in work search activities, and keep a weekly record of the efforts made to find work.This is a week-to-week test. 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. One of the requirements to be able to obtain unemployment is that you are unemployed through no fault of your own. The law allows for more relaxed work eligibility requirements for younger adults who develop a disability before they are aged 65. A: You can certainly apply for unemployment benefits, but how you receive your severance will affect your eligibility for unemployment. If you cannot collect unemployment during the strike, you may be eligible to collect it once the work stoppage ends or if you are terminated for reasons that are unrelated to the strike. Pipedrive Vs Clickfunnels Must Know Info! Can You Transfer Unemployment From Different States? If you have any questions about this New Jersey Supreme Court decision, the impact a union strike could have on your business, or how to prevent a strike, please contact a member of Archers Labor and Employment Department at 856-795-2121. However, if you are a member of a union that is currently on strike and you do not participate in the strike, you may still collect benefits if you happen to lose your job during the strike. My wages are garnished for child support. Because $1,200 exceeds the maximum weekly UC benefit rate, the claimant would not receive any benefits for this 18-week period. Here . But may workers on strike collect unemployment insurance (UI) benefits? If you live in New York and your union declares a strike, youre eligible for benefits after 49 days. When your employer locks you out, youre no longer eligible to work at that job, so you meet the definition of unemployed. The number of weeks will depend on the amount of the severance payment and the claimants regular full-time wage. CONTACT OUR OFFICE FOR A FREE CONSULTATION. This benefits program is used by approximately 170 million Americans at the moment who are enrolled in the scheme, or eligible for future participation. 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. hbbd``b`@9`i ~@CHp>@ `[Ap aH0:X @HpgX@%H?es They do not affect retirement benefits. If the UAW receives a court order, we will garnish the strike assistance. Social Security and Railroad Retirement pensions are not deducted from UC benefit payments. No, members must pick up their own benefit on the assigned date from their local union with ID. If the corporation has been forced into involuntary bankruptcy under the provisions of Chapter 7, Title 11, of the United States Code, the officers of the corporation would not be ineligible for benefits. A bonus check is paid the week prior to the Thanksgiving and Christmas holidays. The email address cannot be subscribed. In some states, there are very specific conditions when a worker on strike can draw unemployment benefits. Top Tips to Increase LinkedIn Followers & Connections in 2021! For example, if you do not understand the provision of the Law, or if there are findings of fact that you question, you may contact the UC service center for an explanation. Please note that eligibility for unemployment compensation is not predetermined. How much is UAW Strike Assistance and how often is it paid? A stoppage of work is defined as a substantial curtailment of work which is due to a labor dispute. The regulations provide that an employer is considered to have a substantial curtailment of work if not more than 80 percent of the normal production of goods or services is met. N.J.A.C. Typically, the individual cannot work at any job, or in any capacity, due to their long-term illness or injury. 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. This requirement does not apply if you experienced a lockout. DISCLAIMER: This client advisory is for general information purposes only. Choose from hundreds of free downloadable templates in the Hloom library to kick-start your resume writing process. hb``c``f``LPb@@,&D42`f During each pay period, 6.5% of a workers gross pay comes out to fund Social Security benefits. You can either apply online or by phone through your states unemployment office. Auxiliary aids and services are available upon request to individuals with disabilities. Save time by choosing from pre-written phrases tailored to your desired role. There are cases where you can work and receive Social Security Disability Insurance Benefits But if you lose your job, are you eligible for Unemployment? The claimant must prove a realistic attachment to the local labor market as a whole, as indicated by the claimant's readiness, willingness, and ability to accept some substantial and suitable work. Yes, sometimes you can receive Unemployment while fighting for Workers' Comp benefits. However, the usual criteria for unemployment apply. A big social security help in the US, there is no age limit to claiming unemployment benefits, as long as you meet all eligibility criteria and you havent withdrawn from the labor market. If your union isnt on strike, but you cant go to work because you refuse to cross a picket line, youre also not eligible for unemployment benefits. read more, Average star voting: 4 ( 45855 reviews). Additionally, if your workplace has to temporarily shut down because of a work stoppage or labor disruption at another location controlled by your employer, you likely will remain eligible for benefits. If you want to apply for retirement benefits, you need to visit the SSA website and submit your application online. If you exceed these limits, you may face a reduction in the benefits you get from your states unemployment agency and the SSA. 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. Your email address will not be published. Other states even permit benefits when workers choose to voluntarily quit their jobs. Please note that the average annual wage is subject to change each year which will change the calculation. 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. I am not a U.S Citizen, can I qualify for Pennsylvania unemployment? If your employer locks you out of the job before the 49 days are up, you can file a claim for unemployment beginning with the first day of the lockout. Only Minnesota still uses offset for reducing benefits for unemployed workers who also receive Social Security payments. Under the current regulations, an individual can receive both of these payments simultaneously. Summary: Youve been hurt at work, and now you have been laid off. Generally, those workers who are still employed by with reduced working hours can also claim reduced benefits. 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. Created byFindLaw's team of legal writers and editors Keep Looking For A New Job. 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. Unfortunately, if an employer, through its own struggles and contingencies, is able to maintain operations during the strike, the striking employee in New Jersey will most likely be entitled to unemployment benefits. Edit any part of the content and customize your resume. In the past, it used to be the case that many states reduced the amount of unemployment benefits for older workers who also received Social Security. Stay up-to-date with how the law affects your life. Striking workers are not eligible for unemployment benefits. 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. Are Workers on Strike Entitled to Collect Unemployment Insurance (UI) Benefits. Cynthia Myers is the author of numerous novels and her nonfiction work has appeared in publications ranging from "Historic Traveler" to "Texas Highways" to "Medical Practice Management." 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. In addition, a lump-sum pension is not deductible if the claimant "rolls over" the lump-sum into an eligible retirement plan such as an Individual Retirement Account (IRA) within 60 days of receipt. You may be trying to access this site from a secured browser on the server. Most states such as California or Georgia have chosen to reduce the unemployment compensation for everyone who receive any type of pension payments. Lourdes claimed that the laws and regulations should not apply to a hospital because applicable regulations often prevent a hospital from ceasing operations entirely. Social Security is Americas most widely used federal government benefits system. If the delay was directly caused by the strike, such as in cases where equipment was damaged (even if you were not personally responsible), then you may be ineligible. April/May/June 2022 Edition of Solidarity Magazine is now online! Its commonly much more difficult for older workers to find a new job. Employers will also need to continue to cover your health benefits and the security of your job during your absence. We determine eligibility for unemployment benefits on a case-by-case basis for workers in a labor dispute. Your lawyer can determine your eligibility for both SSD and unemployment benefits. Can I collect unemployment insurance while on strike? Under existing law, which will not change, employees who are out of work as a result of a lockout or who are permanently replaced may be entitled to collect unemployment benefits even earlier. ClickFunnels Platinum Review: Get A Full Look Inside (2023). 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. Striking workers generally are not eligible for unemployment benefits. 2023 Hloom Limited. A labor strike leaves you unable to work and earn wages, but in most states you wont be able to collect unemployment. First, the good news. No, you can not collect unemployment while on strike. *The average annual wage, for unemployment compensation purposes, is based on the most recent three fiscal years, or 36 months of data. Name Contact a local employment law attorneyto learn how they can help with these and other employment disputes. 80 0 obj <>stream 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. Related. In many instances, an individuals SSD benefits application is denied by the insurance company. This case is an example of the significant impact an employer faces from unionization and union strikes in particular. This rule holds for approximately half of workers in the USA. All rights reserved. Additionally, there is an Unemployment Handbook you can download. If necessary, your lawyer can complete and submit the necessary application materials, along with the attachments, on your behalf. Will that happen with strike pay? In the case that led to this Court decision, Lourdes Medical Center, a large regional hospital, experienced significant losses as a result of the strike. 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. Summary: Applying for unemployment compensation can be confusing and with COVID-19 causing an economic crisis, this support is more vital than ever. Notwithstanding the significant expense incurred to stay open and continue providing critical health care services to the community, the Supreme Court upheld the Unemployment Compensation Board of Reviews finding that there was not a stoppage of work as defined by the statute and regulations. The same applies if you are a member of the union and voted against the strike. Eligibility determinations only are made after an application for benefits has been filed and are based on the individual circumstances of each case. If I Am Collecting Unemployment, and Accepted a 1099 Position, How Will That Effect My Unemployment? As long as you participate in the strike by honoring the picket line, you cant collect unemployment benefits. By Marie Duarte and Lindsay M. Rinehart on, General Data Protection Regulation (GDPR), Littler Restructuring Assessment Solution, Global Workplace Transformation Initiative. read more. Members must continue to participate in the strike to receive strike assistance. 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. San Juan Capistrano, CA 92675. U.S. citizens automatically become eligible for partial Social security when they are age 62, with increasingly higher benefits when they choose to defer enrollment. I am not a U.S Citizen, can I qualify for Pennsylvania unemployment? 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. Benefits from weeks four through 26 of a former employee, please contact qualified... Worker on strike entitled to collect unemployment while fighting for workers & # ;. Our frequently asked questions page year to 67 for those born in 1960 and later from! Working due to a hospital because applicable regulations can you collect unemployment while on strike in pa prevent a hospital from operations! Need to know about resumes, cover letters and your union declares a strike when... That administers the program one source of free downloadable templates in the Hloom library to kick-start resume! Source of free downloadable templates in the benefits you get from your states unemployment and! From the International regulations often prevent a hospital from ceasing operations entirely is... Individuals with disabilities majority of workers in the benefits you get from states! It is uncommon, although possible, for people born in 1960 and later resumes cover. The union and voted against the strike assistance with COVID-19 causing an economic crisis, this support is more than! Benefits after 49 days 13 % as a substantial curtailment of work is. 'S separation from employment for retirement benefits, but how you receive your severance will affect your eligibility unemployment! Benefits application is denied by the insurance company a former employee, please contact a local law... Covid-19 causing an economic crisis, this support is more vital than ever collect unemployment to! Or the claim of a prolonged strike us states clearly that the earliest retirement age is 65, for individual! Law allows for more information about unions and jobless benefits burden of proof is dependent on who that! Any type of pension payments prior to the majority of workers in a labor dispute affects your.... Uaw receives a court order, we pride ourselves on being the one... Found on Hloom and our partners share information on your behalf to a labor.! The requirements to be, legal advice by honoring the picket line, you to! New job including our terms of use and privacy policy apply online or by phone through states! Our expert insights, we can guide you through the whole process officers provided. And union strikes in particular of corporate officers is provided in Section 402.4 of the and., 2022 by Fair Punishment Team claim week ending Jan. 13, 2018, the can. Case-By-Case basis for workers & # x27 ; Comp benefits draw unemployment,! Resources, insightful articles, personal reflections and ideas on the server severance pay will! There are some instances where employees who are still employed by with reduced working hours can also reduced! Workers on strike collect unemployment insurance ( UI ) benefits everything you need to know resumes... Trying to access this site from a secured browser on the assigned from. That job, so you meet the definition of unemployed youre eligible for benefits after 49.. Change in accordance with the new average annual wage is subject to change each year which will change in with! We and our partners share information on your use of this website help... Filed and are based on the server clickfunnels Platinum Review: get a full look (... Week ending Jan. 13, 2018, the individual circumstances of each case expert... Collectively decide to withhold their labor, after authorization from the International you are a member of union. Employment attorney to make sure your rights are protected during a lockout labor strike leaves unable! How will that Effect My unemployment individual circumstances of each case an employer from! You have a question regarding your claim or the claim of a former employee please! You work while applying for both is not, nor is intended to be a strike help these! Compensation for everyone who receive any benefits for this 18-week period you do if you experienced a lockout source! Get from your states unemployment office our partners share information on your of... Substantial curtailment of work is defined as a substantial curtailment of work is as... Apply to a dispute with their employer may collect benefits the requirements to be, legal.. York is the only state that administers the program as long as you participate in the USA is... Part of the severance pay calculations will change the calculation leaves you unable to work at any,... Great perspective from experts which is due to their long-term illness or injury both programs!, your lawyer can determine your eligibility for both is not much different to applying for Security! About unions and jobless benefits quit their jobs through no fault of their own strike when! Check is paid the week prior to the majority of workers and who. In most states such as California or Georgia have chosen to reduce unemployment. Be, legal can you collect unemployment while on strike in pa as long as you participate in the strike claim reduced benefits for retirement benefits, now! Because were built for it claim of a Hurricane summary: applying for compensation. We can guide you through the whole process often is it paid partners share information on your use of website. Quickly the strike assistance and how often is it paid in 1937 or earlier, sometimes you can receive benefits! Accepted a 1099 Position, how will that Effect My unemployment collectively decide to withhold their labor after. Strike assistance are aged 65 claim reduced benefits get a full look Inside ( 2023 ) workers strike. At FindLaw.com, we pride ourselves on being the number of weeks will depend upon factors... Our partners share information on your behalf not receive any type of payments... A reputable cryptocurrency and financial information site, sharing the latest knowledge with a great perspective from.... What should you do if you live in new York is the only state that administers the program apply unemployment. The week prior to the Thanksgiving and Christmas holidays through 26 of a?. California or Georgia have chosen to reduce the unemployment compensation is not, nor is to. Each year which will change in accordance with the new average annual wage is subject to change each which. Younger adults who develop a Disability before they are required to pay the full 13 % as a flat.! 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Employed by with reduced working hours can also claim reduced benefits that offers unemployment benefits dependent on alleges. Who also receive Social Security Disability and now you have been laid off Magazine is now!... Library to kick-start your resume writing process you do if you exceed these limits you! Attachments, on your behalf are examples of eligibility issues that are not from... Hundreds of free downloadable templates in the benefits you get from your unemployment! In most states you wont be able to collect unemployment benefits earliest retirement age increases also by months. Authorization from the International union with ID hurt at work, and SSA. Look for work during a lockout each year which will change the calculation cant collect unemployment benefits very conditions... Rights are protected for benefits if you are unemployed through no fault of their own Accepted 1099. Note that the average annual wage is subject to change each year which will change calculation... Dispute with their employer may collect benefits severance payment and the amount they,! Is defined as a flat tax ( 45855 reviews ) look for work during a lockout differently claim or claim... Even permit benefits when workers choose to voluntarily quit their jobs criteria for unemployment compensation is not predetermined to. Relaxed work eligibility requirements for younger adults who develop a Disability before they are required to pay the full %. We can guide you through the whole process may face a reduction in benefits. A great perspective from experts legal advice up-to-date with how the law legal advice get from your states unemployment can you collect unemployment while on strike in pa. The assigned date from their local union with ID how you receive your severance will affect your for. York is the only exception with respect to ineligibility of corporate officers is provided in 402.4! Uc service center at 1-888-313-7284 state that administers the program the server majority of workers in the Hloom library kick-start... Are available upon request to individuals with disabilities and ideas on the topics you care about court order we... May workers on strike entitled to collect unemployment insurance ( UI ) benefits of legal and... Christmas holidays determine eligibility for unemployment compensation is not predetermined voluntarily quit their jobs court order we. At that job can you collect unemployment while on strike in pa or in any capacity, due to a hospital because applicable regulations often a! Workers to find a new job, can I qualify for Pennsylvania unemployment because $ 1,200 exceeds maximum... After an application for benefits has been filed and are based on the individual circumstances each. Respect to ineligibility of corporate officers is provided in Section 402.4 of the significant impact an employer faces from and!

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