CHAPTER 196

UNEMPLOYMENT COMPENSATION COMMISSION

AN ACT TO AMEND AN ACT KNOWN AND CITED AS THE "UNEMPLOYMENT COMPENSATION LAW," BEING CHAPTER 258 OF THE LAWS OF DELAWARE, 1937, BY CHANGING THE DEFINITION OF "BASE PERIOD," CHANGING THE DEFINITION OF "BENEFIT YEAR," EXEMPTING PART TIME OFFICERS OF CERTAIN ORGANIZATIONS, CHANGING THE DEFINITION OF "UNEMPLOYMENT," DEFINING "WAGES" WITH REFERENCE TO JOBS, MAKING SUBJECT TO THIS ACT ANY EMPLOYING UNIT WHICH IS AN EMPLOYER UNDER TITLE IX OF THE FEDERAL SOCIAL SECURITY ACT, REQUIRING CONTRIBUTIONS FROM CERTAIN FRATERNAL BENEFIT SOCIETIES, GIVING A NEW DEFINITION OF "WEEKLY BENEFIT AMOUNT," GIVING A NEW DEFINITION OF THE "DURATION OF BENEFITS," RESTATING THE CONDITIONS BY WHICH UNEMPLOYED INDIVIDUALS BECOME ELIGIBLE FOR BENEFITS, REDUCING AND MAKING UNIFORM THE PERIODS OF DISQUALIFICATION FOR CERTAIN CAUSES, PROVIDING THAT NO INDIVIDUAL MAY RECEIVE DUPLICATE BENEFITS UNDER A STATE OR FEDERAL UNEMPLOYMENT COMPENSATION LAW, AND BY INCREASING THE PERIOD WITHIN WHICH REFUNDS MAY BE CLAIMED.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

ARTICLE I

Section 1. That Section 2 (a) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 2 (a) and inserting in lieu thereof the following:

(a) "Base Period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year.

Section 2. That Section 2 (c) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 2 (c) and inserting in lieu thereof the following:

(c) "Benefit Year" with respect to any individual means the fifty-two-consecutive-week period beginning with the first day of the first week with respect to which the individual first files a valid claim for benefits, and thereafter the fifty-two-consecutive-week period beginning with the first day of the first week with respect to which the individual next files a valid claim for benefits after the termination of his last preceding benefit year. Any claim for benefits made in accordance with Section 6 (a) of this Act shall be deemed to be a "valid claim" for the purposes of this subsection if the individual has earned the wages for employment required under Section 4 (e) of this Act.

Section 3. That Section 2 (h) of Chapter 258 of the Laws. of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by adding thereto a new and additional paragraph to be known as Section 2 (h) (7), reading as follows: "(7) Any employing unit which is an employer under the terms of Title IX of the statute of the United States of America, known and cited as the 'Social Security Act.' "

Section 4. That Section 2 (i) (6) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by adding thereto and inserting at the end thereof a new paragraph to be known as Section 2 (i) (6) (9).

(9) Service performed by an officer of any building and loan association, fraternal order, society, labor union, political club or political organization, service club, alumni association, or any corporation, association, society or club organized and operated exclusively for social or civic purposes. Provided, however, that the exemptions mentioned in this paragraph shall apply only when the service performed by the said officer is a part-time service. And provided, further, that the exemptions mentioned in this paragraph shall apply only when the remuneration of the officer performing the aforesaid part-time service does not exceed the sum of Thirty Dollars in any calendar quarter in any calendar year.

Section 5. That Section 2 (m) of Chapter 258 of the Laws of Delaware, 1937, (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 2 (m) and inserting in lieu thereof the following:

(m) "Unemployment." An individual shall be deemed "unemployed" in any week during which he performs no services and with respect to which no wages are payable to him, or in any week of less than full-time work if the wages payable to him with respect to such week are less than his weekly benefit amount plus Two Dollars. The commission shall prescribe regulations applicable to unemployed individuals making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work, as the commission deems necessary.

Section 6. That Section 2 (p) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 2 (p) and inserting in lieu thereof a new section 2 (p) as follows:

(p) That Section 550 of the Revised Code of Delaware, 1937, shall not be so construed as to relieve the fraternal benefit societies therein mentioned from the payment of the contributions required by this Act.

Section 7. That Section 3 (b) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 3 (b) and inserting in lieu thereof a new Section 3 (b) as follows:

(b) "Weekly Benefit Amount":--An individual's "weekly benefit amount" shall be an amount equal to one-twenty-fifth of his total wages for employment by employers during that quarter of his base period in which such total wages were highest, except that if such amount is more than Fifteen Dollars, the weekly benefit amount shall be deemed to be Fifteen Dollars, or if less than Five Dollars, shall be deemed to be Five Dollars, and if not a multiple of Fifty Cents, shall be computed to the next higher multiple of Fifty Cents.

Section 8. That Section 3 (c) of Chapter 258 of the Laws of Delaware, 1937, (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 3 (c) and inserting in lieu thereof a new Section 3 (c) as follows:

(c) "Weekly Benefit for Unemployment":--Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount less that part of the wages (if any) payable to him with respect to such week which is in excess of Two Dollars. Such benefit, if not a multiple of Fifty Cents, shall be computed to the next higher multiple of Fifty Cents.

Section 9. That Section 3 (d) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out and repealing all of the said Section 3 (d).

Section 10. That Section 3 (e) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 3 (e) and inserting in lieu thereof the following:

3 (e) "Duration of Benefits":--Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of thirteen times his weekly benefit amount, and one-sixth of the wages earned by him for employment by employers during his base period; provided that such total amount of benefits, if not a multiple of Fifty Cents, shall be computed to the next higher multiple of Fifty Cents. For the purposes of this section, wages shall be counted as wages for employment by employers for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer from whom such wages were earned has satisfied the conditions of Section 2 (h) or Section 8 (c) with respect to becoming an employer.

Section 11. That Section 3 (f) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out and repealing all of the said Section 3 (f).

Section 12. That Section 4 of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said Section 4 and inserting in lieu thereof the following:

Section 4. An unemployed individual shall be eligible to receive benefits with respect to any week only if the commission finds that:--

(a) He has registered for work at, and thereafter continued to report at, an employment office in accordance with such regulations as the commission may prescribe, except that the Commission may, by regulation, waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which it finds that compliance with such requirements would be oppressive, or would be inconsistent with the purposes of this Act; provided that no such regulation shall conflict with Section 3 (a) of this Act.

(b) He has made a claim for benefits with respect to such week in accordance with such regulations as the commission may prescribe.

(c) He is able to work, and is available for work.

(d) He has been unemployed for a waiting period of two weeks. Such weeks of unemployment need not be consecutive. No week shall be counted as a week of unemployment for the purposes of this subsection:--

(1) Unless it occurs within the benefit year which includes the week with respect to which he claims pay merit of benefits provided that this requirement shall not interrupt the payment of benefits for consecutive weeks of unemployment, and provided further that the week or the two consecutive weeks immediately preceding a benefit year, if part of one uninterrupted period of unemployment which continues into such benefit year, shall be deemed (for the purposes of this subsection only) to be within such benefit year as well as the preceding benefit year.

(2) If benefits have been paid with respect thereto;

(3) Unless the individual was eligible for benefits with respect thereto as provided in Sections 4 and 5 of this Act, except for the requirements of this subsection and of subsection (e) of Section 5.

(e) He has during his base period earned wages for employment by employers equal to not less than One Hundred Twenty-Five Dollars ($125.00). For the purposes of this subsection wages shall be counted as wages for employment by employers for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer from whom such wages were earned has satisfied the conditions of Section 2 (h) or Section 8 (c) with respect to becoming an employer.

Section 13. That Section 5 (a) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said section and inserting in lieu thereof a new Section 5 (a) reading as follows:

(a) For the week in which he has left work voluntarily without good cause and for the two weeks which immediately follow such week (in addition to the waiting period).

Section 14. That Section 5 (b) of Chapter 258 of the Laws of Delaware, .1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said section and inserting in lieu thereof a new Section 5 (b) reading as follows:

(b) For the week in which he has been discharged for misconduct connected with his work and for the two weeks which immediately follow such week.

Section 15. That Section 5 (c) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law") be and the same is hereby amended by adding thereto and inserting at the end thereof a new sentence as follows: "Provided, however, that such disqualification shall continue for the week in which such failure occurred and for the seven weeks immediately following such week.

Section 16. That Section 5 (e) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out all of the said section and inserting in lieu thereof a new Section 5 (e) reading as follows:

(e) (1). For any week with respect to which or a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of another State or of the United States; Provided that if the appropriate agency of such other State of the United States finally determines that he is not entitled to such unemployment benefits, this disqualification shall not apply.

(e) (2). For any week with respect to which he has received old-age benefits under Title II of the Social Security Act, as amended, or similar payments under any Act of Congress.

Section 17. That Section 14 (d) of Chapter 258 of the Laws of Delaware, 1937 (known and cited as the "Unemployment Compensation Law"), be and the same is hereby amended by striking out the phrase "one year" and inserting in lieu thereof the phrase "four years."

ARTICLE II.

a. As used in this Section unless the context clearly requires otherwise:

(1) "Old law" means the unemployment compensation law prior to its amendment by Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of Article I of this Act.

(2) "New Law" means the unemployment compensation law as amended by Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Act.

(3) "Effective date" means the date upon which the new law becomes effective. The effective date of the new law shall be April 1, 1939.

b. Except as otherwise specifically provided in subsection c of this section, the new law shall be exclusively applicable with respect to any individual on and after the effective date. No provision of the old law shall be construed to limit or to extend the rights of any individual as fixed by the new law, after the new law becomes exclusively applicable with respect to such individual as provided in this section.

c. (1) With respect to any individual for whom there is current a benefit year, established pursuant to the old law, which has not expired prior to the effective date, Sections 2 (a) (base period),

2 (c) (benefit year), 3 (e) (duration of benefits); and 4 (e) (qualifying wages) of the old law, and the weekly benefit amount determined pursuant to Section 2 (p), 3 (b), and 3 (d) of the old law, shall be exclusively applicable until the expiration of such current benefit year, except that:

(A) Notwithstanding any provision of Sections 2 (a) and

3 (d) of the old law to the contrary, the base period of such individual and the period usable in the determination or redetermination of his full-time weekly wage shall in no event extend after September 30, 1938. Provided, that there shall be added to the maximum total benefits payable during such current benefit year the amount (if any) by which such maximum total benefits are exceeded by the maximum total benefits which would have been payable under subsections (b), (c), and (e) of Section 3 and Section 4 (e) of the new law during a benefit year beginning on the effective date, but such aggregate total benefits shall not exceed 13 times the weekly benefit amount established pursuant to the old law.

Notwithstanding any provision of Section 4 (d) of the old or new law to the contrary, no waiting period shall be required of any such individual after the effective date and before the expiration of such current benefit year, and

(B) Notwithstanding any provision of the old law to the contrary, the weekly benefit amount and the maximum total benefits payable during such current benefit year shall, if not a multiple of Fifty Cents, be computed to the next higher multiple of Fifty Cents, with respect to all weeks of unemployment occurring after the effective date.

(2) Sections 2 (a), 2 (c), 3 (b), 3 (e) and 4 (e) of the new law shall be exclusively applicable with respect to such individual after the expiration of such benefit year.

Approved April 7, 1939.