CHAPTER 358

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. § 3313 (b) (c) and (1:1), Title 19, Delaware Code, are amended to read:

(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 $55, the weekly benefit amount shall be $55, or if less than $10, it shall be $10. If the weekly benefit amount is not an even dollar amount, it shall be raised to the next whole dollar.

(c) Each eligible individual who is unemployed in any reek shall be paid with respect to such week a sum equal to his weekly benefit amount less that part of the wages (if any) payable to him with respect to such week which exceeds $7. Such sum, if not an even dollar shall be raised to the next whole dollar.

(d) Any eligible individual shall be entitled, during any benefit year, to a total amount of benefits equal to whichever is the lesser: (1) 26 times his weekly benefit amount or (2) 40% of his wages for employment by employers paid during his base period. If such amount is not a whole dollar, it shall be raised to the next whole dollar. In no event shall the maximum total amount of benefits be less than 11 times the weekly benefit amount.

Section 2. § 3314 (5) (A), Title 19, Delaware Code, is amended to read:

(5) (A) Has, during his base period, been paid wages for employment equal to not less than 36 times his weekly benefit amount, but if more than 75 per cent of a claimant's base period wages were paid for seasonal employment as defined in section 3316 of this title, such claimant shall be eligible to receive benefits in accordance with the provisions of such section 3316 if during his base period he has been paid wages for employment equal to not less than $300, and as used in this subdivision "wages" means 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 employing unit by which such wages were paid has satisfied the conditions of subdivision (8) of section 3302 of this title or section 3343 of this title with respect to becoming an employer.

Any other provision of this subdivision notwithstanding, any otherwise eligible individual (excluding claimants whose eligibility is based upon seasonal employment), the total amount of whose wages paid to him during his base period is less than the amount required to have been received under this subdivision, may be eligible to receive benefits if the difference between 36 times his weekly benefit amount and the total amount of his wages during his base period does not exceed $180, but the amount of his weekly benefit shall be reduced by $1 for each $36 or major fraction thereof by which the total amount of his base period wages is less than 36 times his weekly benefit amount. In no event shall any such individual be eligible for benefits if the total amount of wages paid to him during his base period was less than $360.

Section 3. Section 1 of this act shall be effective as to new claims filed on and after the thirtieth day after this act becomes law. Section 2 of this act shall be effective as to new claims filed after October 1, 1966.

Approved June 2, 1966.