CHAPTER 158

AN ACT TO AMEND CHAPTER 33, TITLE 19, DELAWARE CODE, ENTITLED "UNEMPLOYMENT COMPENSATION" BY CHANGING CERTAIN PROVISIONS RELATING TO BENEFITS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 3302 (17), Title 19, Delaware Code, is hereby amended by enacting and inserting at the end thereof, the following words:

(E) Holiday pay paid during any period of unemployment.

(F) Vacation pay paid during or incident to any period of unemployment.

Section 2. § 3313 (b), Title 19, Delaware Code, is hereby repealed and a new sub-section enacted and inserted in lieu thereof to read as follows:

(b) An individual's "weekly benefit amount" means an amount equal to one-twenty-fifth of his total wages for employment by employers paid during that quarter of his base period in which such total wages were highest, except that if such amount is more than $50, the weekly benefit amount shall be $50, or if less than $7, shall be $7, and if not a multiple of 50 cents, shall be computed to the next highest multiple of 50 cents.

Section 3. § 3313 (d), Title 19, Delaware Code, is hereby amended by repealing and striking out the figures "2970" as it appears therein and by enacting and substituting in lieu thereof the figure "37%".

Section 4. § 3313, Title 19, Delaware Code, is hereby amended by enacting and adding at the end thereof a new subsection to read as follows:

(e) Any otherwise eligible individuals shall be paid with respect to any week a benefit amount equal to his weekly benefit amount less that part of a retirement pension or annuity, if any, received by him or for which he is eligible under a private pension plan which is financed entirely by a base period employer of such employee, and which is in excess of the weekly benefit amount for which he is eligible under this Act. If there is employee participation in financing a pension plan, such deduction shall be reduced in the same proportion as the employee's contribution to the pension bears to the total pension amount. If such retirement pension or annuity payment deductible under the provisions of this subsection is received on other than a weekly basis, the amount thereof shall be allocated and pro-rated in accordance with such regulation as the Commission shall prescribe. This subsection shall apply only to any new claim filed after the date of approval of this act.

Section 5. Section 3314, Title 19, Delaware Code, is amended by changing Subsection (5) to Subsection (5) (A) and adding a new subsection thereto to be known as Subsection (5) (B) to read as follows:

(5) (B) Wages paid to an individual prior to the date on which he filed a valid claim for benefits, but not paid until after the base period for such claim, may be considered as wages in a subsequent base period, relating to a new benefit year, only if subsequent to the date on which he filed such earlier valid claim such individual had become newly employed and had been paid wages in such new employment equal to not less than 10 times his new weekly benefit amount. This paragraph shall apply to any new claim filed after the date of approval of this act.

Approved August 9, 1961.