CHAPTER 72

FORMERLY

HOUSE BILL NO. 215

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 (three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 33, Title 19 of the Delaware Code by striking Section 3350(9) as it appears therein in its entirety and by substituting in its place a new Section 3350(9) to read as follows:

"(9) Supplemental Assessment Rate.

a. For any calendar year beginning January 1, 1988 and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $90 million as of the preceding September 30, each employer's new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a "supplemental assessment rate" in accordance with the following table:

New Employer/ Supplemental

Basic Assessment Rate Assessment Rate

.1 - 3.9%
4.0 - 5.9%
6.0 - 7.9%
8.0%

b. For any calendar year beginning January 1, 1988 and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $90 million as of the preceding September 30, each employer's new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a "supplemental assessment rate" in accordance with the following table:

New Employer/ Supplemental

Basic Assessment Rate Assessment Rate

.1 - 3.9% 1.5%

4.0 - 5.9% 1.8%

6.0 - 7.9% 2.1%

8.0% 2.5%"

Section 2. Amend Section 3313(b), Chapter 33, Title 19 of the Delaware Code by striking the words The amount shall not be less than $20 nor more than 66-2/3 per cent of the statewide average weekly wage as defined in subdivision (21) of Section 3302 of this Title; however," as they appear after the words "If such weekly benefit amount is not an even dollar amount, it shall be rounded down to the next whole dollar." Therein and by substituting in their place the words "The minimum and maximum weekly benefit amount shall be determined in accordance with the following:"

Section 3. Amend Section 3313(b), Chapter 33, Title 19 of the Delaware code by

redesignating paragraph "(4)" as it appears therein as subsection "(5)" and by inserting a new paragraph (4) to read as follows:

"(4) For the period beginning July 1, 1987 and ending December 31, 1987, the amount shall not be less than $20 nor more than $205."

Section 4. Amend Section 3313, Chapter 33, Title 19 of the Delaware Code by

redsignating subsections "(c), (d), (e), (f), and (g)" as they appear therein as subsections "(f), (g), (h), (i), and (j)" respectively.

Section 5. Amend Section 3313, Chapter 33, Title 19 of the Delaware Code by adding a new subsection (c) to read as follows:

"(c) For claims establishing a benefit year beginning January 1, 1988 and thereafter, with respect to which the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $90 million as of the preceding September 30, an individual's weekly benefit amount shall be an amount equal to 1/46 of his total wages for employment by employers paid during the 2 quarters of the individual's base period in which such wages were highest. If such weekly benefit amount is not an even dollar amount, it shall be rounded down to the next whole dollar. The amount shall not be Tess than $20 nor more than $205. Computations for any change in the maximum weekly benefit amount shall commence with new claims filed to establish a benefit year effective on or after January 1 of each year."

Section 6. Amend Section 3313, Chapter 33, Title 19 of the Delaware Code by adding a new subsection (d) to read as follows:

"(d) For claims establishing a benefit year beginning January 1, 1988 and thereafter, with respect to which the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $90 million as of the preceding September 30, an individual's weekly benefit amount shall be an amount equal to 1/52 of his total wages for employment by employers paid during the 2 quarters of the individual's base period in which such wages were highest. If such weekly benefit amount is not an even amount, it shall be rounded down to the next whole dollar. The amount shall not be less than $20 nor more than $205.
Computations for any change in the maximum weekly benefit amount shall commence with new claims filed to establish a benefit year effective on or after January 1 of each year."

Section 7. Amend Section 3313, Chapter 33, Title 19 of the Delaware Code by adding a new subsection (e) to read as follows:

"(a) The Unemployment Compensation Advisory Council as defined in Section 3107 of this Title shall meet not Tess than every two years to review and make recommendations regarding the maximum weekly benefit amount. The Council's final recommendations shall be submitted to the Director of Unemployment Insurance by May 15 of the year in which the Council has met."

Approved June 30, 1987.