CHAPTER 179

UNEMPLOYMENT COMPENSATION LAW

AN ACT TO AMEND CHAPTER 258, VOLUME 41, LAWS OF DELAWARE, 1937, AS AMENDED, KNOWN AS THE "UNEMPLOYMENT COMPENSATION LAW."

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

Section 1. That Section 2 of Chapter 258, Volume 41, Laws of Delaware, 1937, as amended, be and the same is hereby amended by adding thereto a new and additional subsection, entitled Section 2 (q), and reading as follows:

"Section 2 (q). DAY OF NOTICE OR DAY OF FILING: --When any notice, report, or other document is required to be filed under the provisions of this Act, and the same is forwarded by mail to the Commission, the day of mailing shall be deemed and taken to be the day of filing. When the day, or the last day, for doing any act required to be done falls on Saturday, Sunday, or a holiday, the act may be done on the first ensuing day that is not a Saturday, Sunday or holiday."

Section 2. That Section 6 (b) of Chapter 258, Volume 41, Laws of Delaware, 1937, as amended, be and the same is hereby amended by striking out the third sentence thereof, which now reads: "Unless the claimant or any such interested party, within five calendar days after the delivery of the deputy's notification, or within seven calendar days after such notification was mailed to his last-known address, files an appeal from decision, such decision shall be final and benefits shall be paid or denied in accordance therewith," and by substituting in lieu thereof a new sentence, reading as follows: "Unless the claimant or any such interested party, within seven calendar days after the delivery of the deputy's notification, or within ten calendar days after such notification was mailed to his last known address, files an appeal from such decision, such decision shall be final and benefits shall be paid or denied in accordance therewith. "

Section 3. That Section.7 (c) of Chapter 258, Volume 41, Laws of Delaware, 1937, as amended, be and the same is hereby amended by adding thereto a new and additional paragraph, entitled Section 7 (c) (8), and reading as follows:

"Section 7 (c) (8). CONTRIBUTION RATES AFTER TERMINATION OF MILITARY SERVICE:--If the Commission finds than an employer's business is closed solely because of the entrance of one or more of the owners, officers, partners, or the majority stockholder into the Armed Forces of the United States, after January 1, 1950, such employer's experience-rating record shall not be terminated; and, if the business is resumed within 2 years after the discharge or release from active duty in the Armed Forces of such person or persons, the employer's experience shall be deemed to have been continuous throughout such period. The benefit-wage ratio of any such employer for the calendar year in which he resumes business and the three calendar years immediately following shall be a percentage equal to the total of his benefit wages (including any benefit wages resulting from the payment of benefits to any individual during the period the employer was in the Armed Forces based upon wages paid by him prior to his entrance into such Forces) for the three most recently completed calendar years divided by that part of his total payroll, with respect to which contributions have been paid to the Commission, for the three most recent calendar years during the whole of which, respectively, such employer has been in business."

Section 4. That Section 10 (a) of Chapter 258, Volume 41, Laws of Delaware, 1937, as amended, be and the same is hereby further amended by deleting the following language in the sixth sentence thereof: "The Chairman of the Commission shall receive an annual salary of Seven Thousand Two Hundred Dollars ($7,200) while the annual salary of each associate member shall be Three Thousand Two Hundred Dollars ($3,200)"; and by inserting in lieu thereof the following language: "The Chairman of the Commission shall receive an annual salary of Eight Thousand Dollars ($8,000) while the annual salary of each associate member shall be Three Thousand Six Hundred Dollars ($3,600)."

Provided, however, that all such salaries shall be paid from the unemployment compensation administration fund and shall not be paid from any funds appropriated by the General Assembly.

Approved June 4, 1951.