CHAPTER 230

FORMERLY SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 337

AS AMENDED BY SENATE AMENDMENT NO. 1

AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 19, DELAWARE CODE, 3318 AND 3323, RELATING TO APPEALS.

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

WHEREAS, portions of § 3318 and §3323, Title 19, Delaware Code, are inconsistent with Section 303 (a) (1) of the Federal Social Security Act, found in 42 U.S.C. Section 503 (a) (1), as interpreted by the Supreme Court of the United States in the case of California Department of Human Resources Development, et al, vs. Judith Java, No. 507, October term 1970, which case deals with an identical statute of the State of California; and

WHEREAS, such inconsistency places in jeopardy the right of this State to receive grants for administration pursuant to the Social Security Act and the Wagner-Peyser Act.

NOW, THEREFORE,

Section 1. §3318 (b), Title 19, Delaware Code, is hereby amended to read as follows:

(b) Unless the claimant or any interested party within seven (7) calendar days after the delivery of the Deputy's notification, or within ten (10) calendar days after such notification was mailed to his last known address, files an appeal from such decision, the Deputy's decision shall be final and benefits shall be paid or denied in accordance therewith. If a Deputy's decision awards benefits, such benefits shall be paid promptly in accordance with such decision upon its issuance. If an appeal is filed from a Deputy's decision that awards benefits, benefits shall be paid in accordance with such decision notwithstanding such appeal, but if the appeals tribunal's decision or a decision of the Department

under § 3320, § 3321, and § 3322 or judicial review under § 3323 modifies or reverses the award of benefits, the claimant shall be paid benefits for weeks of unemployment following the issuance of such an appeals tribunal, Department, or judicial review decision only in accordance with such decision. A base period employer, if other than the employer by whom the claimant was employed most recently prior to his filing a claim for benefits, shall, as well as such most recent employer, be considered to be an interested party, but only to the extent that his assessment rate may be affected by benefit wage charges. Accordingly, any such base period employer shall be notified of the decision of the deputy on a claim for benefits and shall be accorded all rights of appeal under this Section. Such appeal, if not by a most recent employer, shall not constitute a basis for denying the payment of benefits on an otherwise valid claim, but shall be considered in connection with the relief of benefit wages prescribed in subsections (1), (2), and (8) of Section 3315 of this title.

Section 2. §3318 (c), Title 19, Delaware Code, is hereby amended to read as follows:

(c) Unless the appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity for fair hearing, shall affirm, or modify, or reverse the decision of the deputy. The parties shall be duly notified of such tribunal's decision, together with its reason therefor, which shall be deemed to be final unless within 10 days after the date of notification or mailing of such decision, further appeal is initiated pursuant to section 3320 of this title. If an appeals tribunal decision awards benefits, such benefits shall be paid promptly in accordance with such decision upon its issuance. If an appeal is filed from an appeals tribunal's decision that awards benefits, benefits shall be paid in accordance with such decision notwithstanding such appeal, but if the Department's decision modifies or reverses the award of benefits, the claimant shall be paid benefits for weeks of unemployment following the issuance of the Department's decision only in accordance with such decision. Benefits to which the claimant is not entitled under the decision of the appeals tribunal shall not be paid for any week ending after the decision is issued, but any benefits to which the claimant is determined to be otherwise entitled to receive shall be paid notwithstanding any further appeal from the decision of the appeals tribunal.

Section 3. Section 3323 (c), Title 19, Delaware Code, is hereby amended by striking the last eight words of said section, as the same appear on lines 7 and 8, and inserting in lieu thereof the following:

'; nor shall the Unemployment Insurance Appeal Board or any Court enter an order or supersedes or stay which shall delay the payment of any benefits to which the claimant has been determined to be entitled or delay and determination of claimant's rights to any benefits'.

Section 4. This Act shall be applicable to all claims for benefits filed after this Act becomes law and to all claims for benefits filed before this Act becomes law which at the time this Act becomes law are pending either before any appeals tribunal of the Department of Labor or an appeal to any court from a decision of such appeals tribunal awarding benefits. If at the time this Act becomes law an appeal to any Court is pending from a decision of any appeals tribunal of the Department of Labor awarding benefits, benefits shall be paid in accordance with such decision notwithstanding such appeal.

Approved July 8, 1971.