CHAPTER 89

FORMERLY

SENATE BILL NO. 174

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 Section 3313, Chapter 33, Title 19 of the Delaware Code by redesignating the subsections "(g), (h), (i), (j), (k), and (1)" as they appear therein as subsections "(h), (i), (j), (k), (1), and (m)", respectively.

Section 2. Amend Section 3313, Chapter 33, Title 19, Delaware Code by inserting a new subsection (g) to read as follows:

"(g) For claims establishing a benefit year beginning July 1, 1993, and thereafter, an individual's weekly benefit amount shall be determined in accordance with subsection (c) or subsection (d) of this section as determined by the balance in the Unemployment Insurance Trust Fund. However, for such claims, the minimum and maximum weekly benefit amount shall not be less than $20 nor more than $265 unless the Unemployment Insurance Trust Fund balance, as certified by the Director of Unemployment Insurance to the Secretary of Labor, as of the preceding September 30, is less than $165 million. When the Unemployment Insurance Trust Fund balance is less than $165 million, but equal to or greater than $150 million, the maximum weekly benefit amount shall be no more than $245. When the Unemployment Insurance Trust Fund balance is less than $150 million, but equal to or greater than $90 million, the maximum weekly benefit amount shall be no more than $225. When the Unemployment Insurance Trust Fund balance is less than $90 million, the maximum weekly benefit amount shall be no more than $205. Computation of any change in the maximum weekly benefit amount shall commence with new claims filed to establish a benefit year on or after January 1 of each year."

Section 3. Amend Section 3353, Chapter 33, Title 19 of the Delaware Code by redesignating the subsections "(b), (c), and (d)" as they appear therein as subsection "(d), (e), and (g)", respectively.

Section 4. Amend Section 3353(a), Chapter 33, Title 19 of the Delaware Code by deleting this subsection in its entirety as it appears therein and inserting a new subsection (a) to read as follows:

"(a) Transfers of employment and benefit wage experience from a predecessor to a successor employer shall be required by the Department if there is a substantial continuity of ownership and management by the successor of the business of the predecessor. For the purpose of this section, such a transfer will be considered a 'mandatory transfer'."

Section 5. Amend Section 3353, Chapter 33, Title 19 of the Delaware Code by inserting a new subsection (b) to read as follows;

"(b) Transfers of employment and benefit wage experience from a predecessor to a successor employer may be approved by the Department, upon request of the successor employer, if there is a continuation of essentially the same business activity as the predecessor employer by the successor employer. For the purpose of this section, such a
transfer will be considered a 'voluntary transfer;."

Section 6. Amend Section 3353, Chapter 33, Title 19 of the Delaware Code by inserting a new subsection (c) to read as follows:

"(a) The successor employer need not have been previously subject to this title in order to obtain a transfer of employment and benefit wage experience from a predecessor employer. No reduced rate will be
permitted unless both the predecessor and successor employers have met the requirements of Section 3350 (6) of this title if applicable."

Section 7. Amend Section 3353, Chapter 33, Title 19 of the Delaware Code by inserting a new subsection (f) to read as follows:

"(f) For the purpose of this section, the date of transfer of employment and benefit wage experience for mandatory and voluntary

transfers shall be the date of liability of the successor employer subsequent to the acquisition of the predecessor employer as determined by this Department in accordance with Section 3302(7) of this title. However, for a voluntary transfer of employment and benefit wage experience to be effective as of the date of liability of the successor employer subsequent to the acquisition of the predecessor employer, the successor employer shall be required to apply, in writing, with the Department for such a transfer within 30 days of the date of acquisition of the organization, trade, or business or substantially all the assets of the predecessor employer. If the successor employer applies for a voluntary transfer of employment and benefit wage experience after the required 30 day period, the date of transfer of employment and benefit wage experience shall then be the first day of the first month of the quarter following the quarter in which the application for a voluntary transfer was received by the Department."

Approved July 1, 1993.