CHAPTER 209

FORMERLY

SENATE BILL NO. 243

AN ACT TO AMEND 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, Title 19 of the Delaware Code by redesignating the subsections “(j), (k), (l), (m), (n), (o), and (p)”, as they appear therein as subsections “(k), (l), (m), (n), (o), (p), and (q)” respectively.

Section 2 Amend Section 3313, Title 19 of the Delaware Code by inserting a new subsection (j) to read as follows:

“(j) For claims establishing a benefit year beginning January 1, 2002, 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 $330 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 $275 million. When the Unemployment Insurance Trust Fund is less than $275 million, but equal to or greater than 250 million, the maximum weekly benefit amount shall be no more than $315. When the Unemployment Insurance Trust Fund balance is less than $250 million, but equal to or greater than $200 million, the maximum weekly benefit amount shall be no more than $300. 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.”

Section 3. Amend Section 3350(9), Title 19 of the Delaware Code by redesignating subsections “g.”, “h.”, “i.” and “j.” as they appear therein as subsection “h.”, “i.”, “j.” and “k.”, respectively.

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

“g. For any calendar year beginning January 1, 2002, 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 $300 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

0.1 - 3.9% = 0.2%

4.0 - 5.9% = 0.2%

6.0 - 7.9% = 0.2%

8.0% = 0.2%”

Section 5. Amend Section 3350(9), Title 19 of the Delaware Code by adding a new subsection “l.” to read as follows:

“l. For any calendar year beginning January 1, 2002, 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 $300 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., paragraph c., paragraph d., paragraph e., or paragraph f. of this subdivision as determined by the balance in the Unemployment Insurance Trust Fund.”

Section 6. The Unemployment Compensation Advisory Council shall meet not later than April 30, 2002 to review the status of the Unemployment Insurance Trust Fund and to make a recommendation regarding the maximum weekly benefit amount and employer tax rates.

Approved July 30, 2001