CHAPTER 573

FORMERLY SENATE BILL

NO. 735 AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 33, TITLE 19, DELAWARE CODE, RELATING TO UMEMPLOYMENT COMPENSATION.

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

Section 1. Section 3302, Title 19, Delaware Code, is amended by striking out section 3302 (18) in its entirety and inserting in lieu thereof a new subparagraph as follows:

"(18) 'Week' means calendar week, ending at midnight Saturday, but all work performed and wages earned during a working shift which starts before midnight Saturday shall be included in the week in which such shift begins. For purposes of partial claims and mass layoff claims, the Department may authorize the employer's payroll week."

Section 2. Section 3302, Title 19, Delaware Code, is amended by striking out section 3302 (17) (A) in its entirety and inserting in lieu thereof a new subparagraph as follows:

"(17) 'Wages' does not include

(A) For the purposes of Sections 3345 and 3348 of this

title:

(i) that part of the remuneration which, after remuneration equal to $3,600 with respect to employment during any calendar years preceding January 1, 1972, is paid to such individual by such employer during such calendar year; or

(ii) after December 31, 1971, that part of the remuneration which, after remuneration equal to $4,200 is paid to such individual by such employer during such calendar year.

inspect to employment in another state or states upon which assessments were required of and paid by such employer under an employment compensation law of such other state or states shall be included as part of remuneration equal to $3,600 referred to in subsection (i) or $4,200 referred to in subsection (ii)."

Section 3. Section 3350, Title 19, Delaware Code, is amended by adding a new subparagraph (10) at the end of Section 3350 as follows:

"(10) In any benefit year, the employee's 'benefit wages' paid by each employer to such employee shall not exceed the `base of assessment' defined in Section 3345 (b)."

Section 4. Section 3302, Title 19, Delaware Code, is amended by striking out Section 3302 (3) in its entirety and inserting in lieu thereof a new subparagraph as follows:

"(3) 'Benefit year' with respect to any individual means the one-year 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 one-year 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. Provided, that when the last day of such one-year period falls within a week with respect to which an individual has met the eligibility requirements of the act, the ending date of the benefit year may be extended for a period not to exceed six (6) days; and provided further, that for the purpose of filing any subsequent claim for benefits the extension of the benefit year as hereinbefore provided shall not change the benefit year ending date as established prior to such extension.

As used in this subparagraph, 'valid claim' is any claim for benefits made in accordance with Section 3317 of this title if the individual has been paid wages for employment required under subparagraph (5) of Section 3314 of this title."

Approved July 23, 1972.