CHAPTER 46

FORMERLY

SENATE BILL NO. 93

AS AMENDED BY

SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1

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 3350(4), Title 19 of the Delaware Code by adding a third sentence to this subsection that reads as follows:

"However, in no calendar year shall the "state experience factor" be increased by more than 2.0% from the previous calendar year whenever 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 $200 million as of September 30 of that preceding calendar year, and in no calendar year shall the "state experience factor" be increased by more than 4.0% from the previous calendar year."

Section 2. Amend Section 3350(9), Title 19 of the Delaware Code by redesignating subsection "(d)" as it appears therein as subsection "(e)".

Section 3. Amend Section 3350(9), Title 19 of the Delaware Code by inserting a new subsection (d) to read as follows:

"(d) For any calendar year beginning January I, 1996, 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 $200 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/

Basic Assessment Rate = Supplemental Assessment Rate

0.1 - 3.9% = .7%

4.0 -5.9% = .7%

6.0 - 7.9% = .7%

8.0% = .7%

Section 4. Amend Section 3350(9), Title 19 of the Delaware Code by adding a new subsection (0 to read as follows:

"(f) For any calendar year beginning January 1, 1996, 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 $200 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 table in paragraph a., paragraph b., or paragraph c. of this subdivision as determined by the balance in the Unemployment Insurance Trust Fund."

Section 5. Amend Section 3313, Chapter 33, Title 19 of the Delaware Code by designating the subsections "(h), (i), (j), (k), (1), and (m), as they appear therein as subsections "(i), (j), (k), (I), (m), and (n)", respectively.

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

"(h) For claims establishing a benefit year beginning July 1, 1995, 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 $300 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 $200 million. When the Unemployment Insurance Trust Fund balance is less than $200 million, but equal to or greater than $165 million, the maximum weekly benefit amount shall be no more than $265. 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 for 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."

Approved June 8, 1995