CHAPTER 287

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 416

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. Amend Section 3313 (f) of Title 19, Delaware Code, by adding the following paragraph:

"The weekly benefit amount payable to an individual for any week which begins after March 31, 1980, and which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such indidvidual shall be reduced (but not below zero) by the prorated weekly amount of such pension, retirement or retired pay, annuity, or other payment which is reasonable attributable to such week provided that, if the provisions of the Federal Unemployment Tax Act permit, the State Administrator may prescribe in regulations which are consistent with the Federal Unemployment Tax Act that...

"(1) The requirements of this paragraph shall only apply in the case of a pension, retirement or retired pay, annuity, or other similar periodic payment under a plan maintained (or contributed to) by a base period or chargeable employer (as determined under this Act), and/or that....

"(2) The amount of any such reduction shall be determined taking into account contributions made by the individual for the pension, retirement or retired pay, annuity or other similar periodic payment...

"(3) Any overpayment which may result from the retroactive application of this paragraph may, at the discretion of the Secretary of Labor, be waived."

Approved June 27, 1980