CHAPTER 179

FORMERLY

HOUSE BILL NO. 291

AS AMENDED BY SENATE. AMENDMENT NO. 1

AN ACT TO AMEND PART III, TITLE 19, OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

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

Section 1. Amend §3313(f) of Chapter 33 of Title 19, Delaware Code by deleting the second paragraph in its entirety and by substituting in lieu thereof the following new 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 or is eligible to receive 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 individual or which begins in a period with respect to which such individual is receiving or is eligible for sickness disability or workmen's compensation benefits shall be reduced (but not below 0) by the sum of the prorated weekly amount of such pension, retirement or retired pay, annuity or other payment and the prorated weekly amount of such disability or workmen's compensation benefits payment which is reasonably attributable to such work; provided that, in the case of the pension retirement or retired pay, annuity or other payment, if the provision of the Federal Unemployment Tax Act permit:

(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);

(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."

Section 2. Amend §3325 of Chapter 33 of Title 19, Delaware Code by deleting it in its entirety and substituting in lieu thereof the following new Section:

"§3325. Recoupment of Overpayments of Benefits

Any person who has received any sum as benefits under this Chapter to which it is finally determined that he was not entitled, shall be liable to repay in cash said overpayment, to the Department for the Unemployment Compensation Fund, or to have such sum deducted from future benefits payable to him under this Chapter. The person shall be so liable regardless of whether such sum was received through fraud or mistake, or whether he was legally awarded the payment of benefits at the time but on appeal was subsequently found not to be entitled thereto. If the person becomes eligible for benefits before such sum is completely repaid, the Department shall deduct the remaining balance of such sum from such benefits. Except where the person obtained the overpayment by fraud, the Department may, in its discretion, elect not to require repayment of such sum in cash, and elect to only deduct such sum from subsequently awarded benefits.

The Department shall issue a notice of overpayment and an order for recoupment, stating their grounds therefor, before initiating action to collect the overpayment. Unless the person files an appeal to the Unemployment Insurance Appeals Board within ten days after such order was mailed to him at his last known address, the order shall be final and recoupment shall be made in accordance with such order. Appeal from the Unemployment Insurance Appeals Board decision to Superior Court may be made in the same fashion as an appeal of the Appeal Board's benefit decisions.

In any case under this Section in which a claimant is liable to repeY to the Department any sum for the Unemployment Compensation Fund, such fund shall be collectible without interest in the name of the Department.

The Department may write off In whole or in part an overpayment debt after a period of three years, when it has ascertained after investigation and after reasonable attempts at collection that the overpayment debt is wholly or partly uncollectable. The Department may prescribe the appropriate accounting methods by which the uncollected portion of the debt shall be written off its accounts instead of being carried Indefinitely as an uncollected debt."

Approved July 12, 1985.