CHAPTER 138

FORMERLY

HOUSE BILL NO. 309

AS AMENDED BY HOUSE AMENDMENT NO. 1

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

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

Section 1. Section 3302, Chapter 33, Title 19, Delaware Code, is amended by adding at the end thereof the following new subsection (21):

"(21) 'Statewide average weekly wage' shall be the amount computed annually as of July 1 by dividing the aggregate amount of wages irrespective of the limitation on the amount of wages subject to contributions under Section 3302 (17) for services in employment reported by employers as paid during the first four of the last six completed calendar quarters immediately preceding the effective date of the computation, by a figure representing fifty-two times the twelve-month average of the number of employees in the pay period containing the twelfth day of each month during the same four calendar quarters as reported by such employers. The statewide average weekly wage shall be effective on the first of July of each year computed.

Section 2. Amend §3313, Chapter 33, Title 19, Delaware Code, by striking subsections (b), (d), and (e) and inserting in lieu thereof new subsections (b), (d), (e), and (f) as follows:

"(b) An individual's weekly benefit amount shall be:

ly 1975, an amount equal to 1/25 of his total wages for employment by employers paid during that quarter of his base period in which total wages were highest, except that if such amount is more than $85, the weekly benefit amount shall be $85, 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.

(2) Claims filed for weeks of unemployment beginning July 1975, the computation of an individual's weekly benefit amount shall be an amount equal to 1/26 of his total wages for employment by employers paid during that quarter of his base period in which such total wages were highest, however:

(A) Claims filed for weeks of unemployment beginning July 1975, such amounts, if more than $105, will be $105, or if less than $20, it shall be $20.

(B) Claims filed for weeks of unemployment beginning July 1976, such amount will not be less than $20 nor more than 60 per cent of the statewide average weekly wage as defined in Section 3302(22).

(C) Claims filed for weeks of unemployment beginning July 1977, such amount will not be less than $20 nor more than 63 per cent of the statewide average weekly wage as defined in Section 3302(22).

(D) Claims filed for weeks of unemployment beginning July 1978 and thereafter, such amount will not be less than $20 nor more than 66 2/3 per cent of the statewide average weekly wage as defined in Section 3302(22).

(E) For the purpose of subparagraphs (A), (B), (C) and (D) above:

(i) If an individual's weekly benefit amount as computed above is not an even dollar amount, it shall be raised to the next whole dollar.

() In computing the above maximum benefit amounts, such amount, if not a multiple of five ($5) dollars, shall be computed to the next higher multiple of 5 ($5) dollars.

(d) Any eligible individual who filed a claim for benefits for weeks of unemployment prior to July 1975 shall be entitled during any benefit year, to a total amount of benefits equal to whichever is the lesser of (1) 26 times his weekly benefit amount, or (2) 47 per cent of his wages for employment by employers paid during his base period. If such amount is not an even dollar, it shall be raised to the next whole dollar. In no event shall the maximum total amount be less than 11 times the weekly benefit amount.

() Any eligible individual who files a claim for benefits for weeks of unemployment beginning July 1975 and thereafter shall be entitled during any benefit year to a total amount of benefits equal to whichever is lesser of (1) 26 times his weekly benefit amount or (2) 50 per cent of his wages for employment by employers paid during base period. If such amount is not an even dollar, it shall be raised to the next whole dollar. In no event shall the maximum total dollar amount of benefits be less than 11 times the weekly benefit amount.

(a) 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 chapter. If there is employee participation in financing a pension pay, 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 annunity 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 Department shall prescribe. This subsection shall apply only to any new claim filed after August 9, 1961."

Section 3. Section 3314, Chapter 33, Title 19, Delaware Code, is amended by striking the last sentence of the second paragraph of subsection (5) (A) and inserting in lieu thereof a new sentence to read as follows:

"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; however, for claims filed for weeks of unemployment beginning July 1, 1975 no such individual shall be eligible for benefits if the total amount of wages paid him during his base period was less than $720."

Approved June 27, 1975