CHAPTER 391

FORMERLY

HOUSE BILL NO. 390

AS AMENDED BY HOUSE AMENDMENT NO. 1

AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 63 OF TITLE 29, DELAWARE CODE, RELATING TO UNEMPLOYMENT INSURANCE FOR STATE EMPLOYEES AND OTHER EMPLOYMENT COSTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 6340, Title 29, Delaware Code, by striking existing subsection (b) of said section in its entirety and by substituting in lieu thereof a new subsection (b) to read as follows:

"Other employment costs shall include such costs to the State as federal insurance contributions (social security), state retirement plans (employees' pensions), health care insurance (Blue Cross and Blue Shield), Workers' Compensation, unemployment insurance, and such other fringe benefit plans as may be provided."

Section 2. Amend Section 6340, Title 29, Delaware Code, by striking existing subsection (c) of said section in its entirety and by substituting in lieu thereof a new subsection (c) to read as follows:

"Each year, on or before August 1:

(i) the Secretary of Finance shall determine the appropriate rate factor on an average or actual basis for each of the state benefit plans, excluding unemployment insurance; and

(ii) the Secretary of Labor shall determine on an average actual, or historical basis, the appropriate rate factor for each state agency, other than the University of Delaware, and the distribution of that rate to each fund pertaining thereto for unemployment insurance and shall prescribe the appropriate procedure for reimbursement thereof; state agency how it shall provide for such other employment costs in their respective budget requests for the ensuing year."

Section 3. Amend Section 6340, Title 29, Delaware Code, by designating existing subsection (e) as a new subsection (f) and by adding to said section a new subsection (e) as follows:

"Each state agency, other than the University of Delaware, liable for reimbursement payments in lieu of assessments in accordance with section 3345(c)(2), Title 19, Delaware Code, shall be required to reimburse the Department of Labor for all unemployment insurance reimbursements disbursed by the Department of Labor which arise out of unemployment insurance claims filed by and paid to an employee of such state agency. Such reimbursement shall be made according to the rate factor and distribution according to agency funds as shall be prescribed by the Secretary of Labor.

Section 4. Amend existing subsection (e), designated subsection (f) pursuant to Section 3 of this Act, of Section 6340, Title 29, Delaware Code by striking the words "from funds not otherwise appropriated" as they appear therein.

Section 5. Sections 1, 2 and 4 of this Act shall be effective upon adoption. Section 3 of this Act shall be effective July 1, 1983.

Approved July 21, 1982.