CHAPTER 514

FORMERLY

HOUSE BILL NO. 735

AN ACT TO AMEND CHAPTER 33, 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 Chapter 33, Title 19 of the Delaware Code, by striking existing §3315(I) thereof in its entirety and by substituting in its place a new §3315(I) to read as follows:

"(1) For the week in which he left work voluntarily without good cause attributable to such work and for each week thereafter until he has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than 4 times the weekly benefit amount. However, if an individual has left work involuntarily because of illness, no disqualification shall prevail after he becomes able to work and available for work and meets all other requirements under this Title, but the Department shall require a doctor's certificate to establish such availability. Wage credits earned in such work, if from employment under this Title in the employ of any employer liable for assessments under §3348 of this Title, shall not constitute employer's benefit wages in connection with §§3349 - 3356 of this Title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with §3345 of this Title when an individual becomes eligible for benefits upon separation from a subsequent employer."

Section 2. Amend Chapter 33, Title 19 of the Delaware Code, by striking existing §3315(2) thereof in its entirety and by substituting in its place a new §3315(2) to read as follows:

"(2) For the week in which he was discharged from his work for just cause in connection with his work and for each week thereafter until he has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than 4 times the weekly benefit amount. Wage credits earned in such work, if from employment under this Title in the employ of any employer liable for assessments under §3348 of this Title, shall not constitute employer's benefit wages in connection with §63349 3356 of this Title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with $3345 of this Title when an individual becomes eligible for benefits upon separation from a subsequent employer."

Section 3. Amend $3315(3), Chapter 33, Title 19 of the Delaware Code, by deleting the words "the duration of the period of unemployment during which such refusal occurred;" as they appear therein and by substituting in their place the words "each week thereafter until he has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than 4 times the weekly benefit amount;".

Section 4. Amend Chapter 33, Title 19 of the Delaware Code, by striking existing §3315(6) thereof and by substituting in its place a new §3315(6) to read as follows:

"(6) If the Department determines such individual has made a false statement or representation knowing it to be false or knowingly has failed to disclose a material fact to obtain benefits to which he was not lawfully entitled, and such disqualification shall be for a period of 1 year beginning with the date on which the first false statement, false representation or failure to disclose a material fact occurred."

Section 5. Amend Chapter 33, Title 19 of the Delaware Code, by striking existing §3315(7) thereof and by substituting in its place a new §3315(7) to read as follows:

"(7) For any week with respect to which the Department finds that he has become unemployed by reason of commitment upon convinction and sentencing to any penal institution and for each week thereafter until he has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned wages in covered employment equal to not less than 4 times the wockly benefit amount. Wage credits earned in his most recent employment prior to such commitment, if from employment under this Title in the employ of any employer liable for assessments under §3348 of this Title, shall not constitute employer's benefit wages in connection with §§3349 3356 of this Title. Any employer liable for reimbursement payments in lieu of assessments shall reimburse the Unemployment Compensation Fund in accordance with §3345 of this Title when an individual becomes eligible for benefits upon separation from a subsequent employer."

Section 6. Amend §3326(a)(5), Chapter 33, Title 19 of the Delaware Code, by striking the word "ex-servicemen" as it appears therein and by substituting in its place the word "ex-servicepersons".

Section 7. Amend §3326(a)(6), Chapter 33, Title 19 of the Delaware Code, by striking the word "ex-servicemen" as it appears therein and by substituting in its place the word "ex-servicepersons".

Section 8. Amend §3326(a)(8)a., Chapter 33, Title 19 of the Delaware Code, by striking the word "ex-servicemen" as it appears therein and by substituting in its place the word "ex-servicepersons".

Section 9. Amend Chapter 33, Title 19 of the Delaware Code, by striking existing §3326(aX8)b. thereof and by substituting in its place a new §3326(aX8)b. to read as follows:

1). Has 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.) and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and"

Section 10. Amend §3326(c)(3), Chapter 33, Title 19 of the Delaware Code, by striking the word "unemployment" as it appears therein and by substituting in its place the word "employment".

Section 11. Amend §3326(g)(3)c.3., Chapter 33, Title 19 of the Delaware Code, by striking the word "or" as it appears therein before the word "whether" and by substituting in its place the word "of".

Section 12. Amend §3345(b)(1), Chapter 33, Title 19 of the Delaware Code, by inserting the parenthetical phrase "(whether paid due to immediate eligibility or eligibility upon separation from a subsequent employer)" directly after the words "extended benefits paid" as they appear therein.

Section 13. Amend §3345(b)(3), Chapter 33, Title 19 of the Delaware Code, by inserting the parenthetical phrase "(whether paid due to Immediate eligibility or eligibility upon separation from a subsequent employer)" directly after the words "paid in subsequent weeks" as they appear therein.

Section 14. Amend §3350(4), Chapter 33, Title 19 of the Delaware Code, by striking the word "fund" as it appears therein and by substituting in its place the word "Fund".

Section 15. Amend 53350(9)b., Chapter 33, Title 19 of the Delaware Code, by striking the word "fund" as it appears in the first paragraph thereof and by substituting in its place the word "Fund".

Section 16. Amend §3357, Chapter 33, Title 19 of the Delaware Code, by striking the caption and first paragraph thereof and substituting in their place a new caption and first paragraph to read as follows:

"§3357. interest on past. due assessments and reimbursement payments in lieu of assessments.

Assessments and reimbursement payments in lieu of asseuments which remain unpaid on the date they are due and payable, as prescribed by the Department, shall bear interest, at a rate determined by regulation by the Secretary of Labor, from and after such due date until payment plus accrued interest is received by the Department. Interest collected pursuant to this Section after September 30, 1967, shall be paid into the Special Administration Fund."

Section 17. Amend §3363, Chapter 33, Title 19 of the Delaware Code, by striking the words "Federal Bankruptcy Act of 1898 as amended" as they appear therein and by substituting in their place the words "Bankruptcy Reform Act of 1978 as amended".

Section 18. Amend Chapter 33, Title 19 of the Delaware Code, by striking the existing §3374 thereof and by substituting in its place a new §3374 to read as follows:

" Any assignment, pledge or encumbrance of any rights to benefits which are or may become due or payable under this Chapter shall be void. Such rights to benefits shall be exempt from levy, execution, attachment or any other remedy whatsoever provided for the collection of debt. Benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessaries furnished to such Individual or his spouse or dependents during the time when such individual was unemployed, and for child support obligations in accordance with §3313(g) of this Title. Any waiver of any exemption provided for in this Section shall be void."

Section 19. The amendments made by Sections 1, 2, 3, 5, 12 and 13 of this Act are not severable from each other.

Section 20. The amendments made by Sections 1, 2, 3, 4, 5, 12 and 13 of this Act shall be effective upon enactment for new or additional claims flied on or after such date. The amendment made by Section 16 of this Act shall be effective upon enactment for interest charged on assessments and reimbursement payments in lieu of assessments which remain unpaid on the date they are due and payable commencing July 1, 1987. The amendments made by all other Sections of this Act shall be effective upon enactment.

Approved July 9, 1986.