CHAPTER 427

FORMERLY

HOUSE BILL NO. 754

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

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

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

Section 1. Amend §3152 of Title 19, Delaware Code, by striking the words "an assessment" as they appear therein and by substituting in their place the Words "a contribution".

Section 2. Amend §3302(10)(D) of Title 19, Delaware Code, by striking the words "or §3343(c) or (d)" as they appear therein.

Section 3. Amend Title 19, Delaware Code, by striking existing §3302(14) thereof and by substituting in its place a new §3302(14) to read as follows:

"(14)(A) 'Institution of higher education', for the purposes of this section, means an educational institution which:

(i) Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate;

(ii) Is legally authroized in this State to provide a program of education beyond high school;

(iii) Provides an educational program for which it awards a bachelors or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of postgraduate or postdoctoral studies or a program of training to prepare students for gainful employment in a recognized occupation; and

(iv) Is a public or other nonprofit institution.

(v) Notwithstanding any of the foregoing provisions of this subsection, all colleges and universities in this State are institutions of higher education for purposes of this section.

(B) 'Educational institution' (including an insti-higher education) is:

(i) One in which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes or abilities from, by or under the guidance of an instructor or teacher, and

(ii) It is approved, licensed or issued a permit to operate as a school by the State Department of Public Instruction or other governmental agency that is authorized within the State to approve, license or issue a permit for the operations of a school, and

(iii) The courses of study or training which it offers may be academic, tehnical, trade, or preparation for gainful employment in a recognized occupation."

Section 4. Amend §3302(21) of Title 19, Delaware Code, by striking the words "contributions" and "(17)" as they appear therein and by substituting in their place respectively the words "assessment" and "(18)".

Section 5. Amend §3305 of Title 19, Delaware Code, by striking the word "contributions" as it appears in the second paragraph thereof and by substituting in its place the word "assessments".

Section 6. Amend §3313 of Title 19, Delaware Code, by striking subsection (g) thereof in its entirety and by substituting in its place a new subsection (g) to read as follows:

"(g)(1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes child support obligations as defined under subsection (7). If any such individual discloses that he or she owes child support obligations, and is determined to be eligible for unemployment compensation, the Department shall notify the State or local child support enforcement agency enforcing such obligation that the individual has been determined to be eligible for unemployment compensation.

(2) The Department shall deduct and withhold from any unemployement compensation payable to an individual that owes child support obligations as defined under subsection (7),

a. the amount specified by the individual to the Department to be deducted and withheld under this subsection, if neither b. nor c. is applicable, or

b. the amount (if any) determined pursuant to an agreement submitted to the Department under Section 454 (20)(8)(i) of the Social Security Act by the State or local child support enforcement agency, unless c. is applicable, or

c. any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process (as that term is defined in Section 462(e) of the Social Security Act) properly served upon the Department.

(3) Any amount deducted and withheld under subsection (2) shall be paid by the Department to the appropriate State or local child support enforcement agency.

(4) Any amount deducted and withheld under subsection (2) shall for all purposes be treated as if it were paid to the Individual as unemployment compensation and paid by such individual to the State or local child support enforcement agency in satisfaction of the individual's child support obligations.

(5) For purposes of subsection (1) through (4), the term 'unemployment compensation' means any compensation payable under this Act (including amounts payable by the Department pursuant to an agreement under any Federal law providing for compensation, assistance, or allowances with respect to unemployment).

(6) This section applies only if appropriate arrangements have been made for reimburiement by the State or local child support enforcement agency for the administrative costs incurred by the Department under this section which are attributable to child support obligations being enforced by the State or local child support enforcement agency.

(7) The term 'child support obligation' is defined for purposes of these provisions as including only obligations which are being enforced pursuant to a plan described in Section 454 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.

(8) The term ' State or local child support enforcement agency' as used in these provisions means any agency of a state or a political subdivision thereof operating pursuant to a plan described in subsection (7)."

Section 7. Amend §3315 of Title 19, Delaware Code, by adding a new subsection (11) to read as follows:

"(11) Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because he or she is in training, approved under Section 236(a)(I) of the Trade Act of 1974, nor shall such individual be denied benefits by reason of leaving work to enter such training, provided the work left is not suitable employment, or because of the application to any such week in training of provisions in this law (or any applicable Federal unemployment compensation law), relating to availability for work, active search for work, or refusal to accept work.

For purposes of this subsection, the term suitable employment' means with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employement (as defined for purposes of the Trade Act of 1974), and wages for such work at not less than 80 percent of the individual's average wage as determined for the purposes of the Trade Act of 1974."

Section 8. Amend §3318(b) of Title 19, Delaware Code, by striking the word and numeral "Department" and "(8)" wherever they appear therein and by substituting in their place respectively the words and numeral "Unemployment Insurance Appeal Board" and "(7)".

Section 9. Amend §3318(c) of Title- 19, Delaware Code by striking the word "Department's" wherever it appears therein and by substituting In lieu thereof the words "Unemployment Insurance Appeal Board's".

Section 10. Amend Title 19, Delaware Code, by striking existing §3326(a)(1) through (11) and by substituting in its place a new §3326(a)(1) through (9) to read as follows:

"(a) As used in this section, unless the context clearly requires otherwise:

(1) 'Extended benefit period' means a period which:

a. Begins with the third week after the first week for which there is a state 'on' indicator, and

b. Ends with either of the following weeks, whichever occurs later:

1. The third week after the first week for which there is a state toff' indicator, or

2. The thirteenth consecutive week of such period;

Provided, that no extended benefit period may begin before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this State.

(2)a. There is a state 'on' indicator for a week beginning prior to September 25, 1982, if the rate of insured unemployment under the state law for the period consisting of such week and the immediately preceding 12 weeks:

1. Equalled or exceeded 120 percent of the average of such rates for the corresponding 13 week period ending in each of the preceding 2 calendar years, and

2. Equalled or exceeded 4 percent.

b. There is a state 'on' indicator for a week beginning after September 25, 1982, if the rate of insured unemployment under the state law for ther period consisting of such week and the immediately preceding 12 weeks:

1. Equalled or exceeded 120 percent of the average of such rates for the corresponding 13 week period ending in each of the preceding 2 calendar years, and

2. Equalled or exceeded 5 percent.

(3)a. There is a state 'off' indicator for a week beginning prior to September 25, 1982, if, for the period consisting of such week and the immediately preceding 12 weeks, either subparagraph 1. or 2. of paragraph (2) a. of this subsection was not satisfied.

b. There is a state 'off' indicator for a week beginning after September 25, 1982, if, for the period consisting of such week and the immediately preceding 12 weeks, either subparagraph 1. or 2. of paragraph (2) b. of this subsection was not satisfied.

(4) 'Rate of insured unemployment,' for purposes of paragraphs (2) and (3) of this subsection, means the percentage derived by dividing:

a. The average weekly number of individuals filing claims for regular benefits in this state for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the Department on the basis of its reports to the United States Secretary of Labor, by

b. The average monthly employment covered under this chapter for the first 4 of the most recent 6 completed calendar quarters ending before the end of such 13 week period.

(5) 'Regular benefits' means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.A. Chapter 85) other than extended benefits.

(6) 'Extended benefits' means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.A. Chapter 85) payable to an individual under this section for weeks of unemployment in his eligibility period.

(7) 'Eligibility period' of an individual means the period consisting of the weeks in his benefit year which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.

(8) 'Exhaustee' means an individual who, with respect to any week of unemployment in his eligibility period:

a. Has received, prior to such week, all of the regular benefits that were available to him under this chapter or any other state law (including dependents' allowances and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C.A. Chapter 85) in his current benefit year that includes such week; provided, that, for the purposes of this subparagraph, an individual shall be deemed to have received all of the regular benefits that were available to him although:

1. As a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or

2. His benefit year, having expired prior to such week, he has no or insufficient wages on the basis of which he could establish a new benefit year that would include such week; and

b. Has he no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act (45 U.S.C.A. §351 et. seq.), the Trade Expansion Act of 1962 (19 U.S.C.A. §1801 et seq.), the Automotive Products Trade Act of 1965 (19 U.S.C.A. §§1202, 2001 et seq.) and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and

a. Has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Island or of Canada but, if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law, he is considered an exhaustee.

b. Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the ramaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade adjustment allowances within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits.

(9) 'State law' means the unemployment insurance law of any state, approved by the United States Secretary Labor under §3304 of the Internal Revenue Code of 1954 (26 U.S.C.A. §3304)."

Section 11. Amend §3326 (c)(l) of Title 19, Delaware Code by striking the numeral "(10)" and substituting in its place "(8)".

Section 12. Amend §3326(c) of Title 19, Delaware Code, by adding a new subsection to be designated "(3)" which reads as follows:

"(3) He has, during his base period, been paid wages for unemployment equal to not less than 40 times his weekly benefit amount and, as used in this subdivision, 'wages' means wages for employment by employers for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employing unit by which such wages were paid has satisified the conditions of subdivision (7) of §3302 of this title or §3343 of this title with respect to becoming an employer."

Section 13. Amend §3326 (h)(2) of Title 19, Delaware Code by striking the numeral "(6)" and substituting in its place "(4)".

Section 14. Amend Title 19, Delaware Code, by striking existing §3326(h)(1) thereof and by substituting in its place a new §3326(h)(1) to read as follows:

"(h)(l) Whenever an extended benefit period is to become effective in this state or an extended benefit period is to be terminated in this state, the Department shall make an appropriate public announcement."

Section 15. Amend §3343 of Title 19, Delaware Code, by repealing subsection (c) and (d) thereof.

Section 16. Amend §3345(b) of Title 19, Delaware Code, by inserting the words "except as otherwise provided in subsection (d) of this section", directly after the word "(3)" as it appears therein.

Section 17. Amend §3345(c)(1) of Title 19, Delaware Code, by striking the words "§3343(d)" as they appear therein and by substituting in their place the words "§3302(7)(B)".

Section 18. Amend §3345(c)(2) of Title 19, Delaware Code, by striking the word "employees" as it appears therein and by substituting in its place the word "employers".

Section 19. Amend Title 19, Delaware Code, by repealing §3345(c)(3) g. thereof.

Section 20. Amend §3326 (10) c. of Title 19, Delaware Code, by striking the words "of the Virgin Islands or" as they appear therein.

Section 21. Section 12 of this bill shall be effective with respect to weeks which begin after September 25, 1982.

Approved July 21, 1982.