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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2013

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(19 Del.C. §3122 & 29 Del.C. §10115)
Pursuant to its authority under 19 Del.C. §3122, the State of Delaware, Department of Labor, Division of Unemployment Insurance (herein "the Division") proposed to amend its regulations. The Division’s purpose in proposing these amendments was to streamline unemployment insurance procedures, reduce the number of regulations confronting unemployment insurance claimants and employers, reduce paperwork, and contribute to the efficient operation of the government of the State of Delaware.
Notice of a public comment period of thirty (30) days on the Division’s proposed amended regulations was published in the Delaware Register of Regulations for July 1, 2013 as well as in two Delaware newspapers of general circulation in accordance with 29 Del.C. §10115. A public hearing was held on July 22, 2013 from 10am -12pm during which no public comments were received. This is the Division’s Decision and Order adopting the proposed amended regulations.
AND NOW this 5th day of August, 2013, it is hereby ordered that:
3. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations in accordance with 29 Del.C. §10118(e); and
IT IS SO ORDERED.
"Payroll period" means that period of time for which an employer customarily makes a single payment or credit of remuneration to all or a group or groups of his/her employees.
A "quarter" or "calendar quarter" means one of the four periods of three consecutive calendar months which begin, respectively, on January 1, April 1, July 1, and October 1.
"Wages paid" means (a) wages actually paid by an employer to all or a group or groups of his/her employees, and (b) wages deemed to be paid on the day on which amounts definitely assignable to a payroll period are generally paid by the employer, even though the wages have not actually been reduced to possession by all or a group or groups of his/her employees,
"Wages paid in a quarter" means the total of all wages paid or credited in accordance with paragraph 2 of this regulation on any day falling within the calendar quarter.
3.1 Contributions due under Part III, Title 19, Delaware Code of 1953, shall be payable quarterly based on "Wages paid" in a quarter as set forth in Regulation 2.
3.2 Employers subject to Part III, Title 19, Delaware Code of 1953, shall report contributions due on forms prescribed or approved for this purpose by the Unemployment Compensation Commission and in accordance with instructions printed thereon (Form UC-8). Such reports shall be accompanied by payment of contributions.
3.4 Reports and payments of contributions by an employer not previously subject to Part III, Title 19, Delaware Code of 1953, shall become due for the first time on the last day of the month following the close of that calendar quarter during which the 20th week of employment of one or more persons during the calendar year occurred. The employer shall at such time file separate reports with respect to each of the calendar quarters during the calendar year for which contributions are payable by him.
Every employer subject to the provisions of Part III, Title 19, Delaware Code of 1953, shall post and maintain printed notices to his employees informing them that he is covered by Part III, Title 19, Delaware Code of 1953, and has been so registered by the Unemployment Compensation Commission. Such notices shall be in the form prescribed by the Commission (Form UC-6), of such design and in such numbers as prescribed by the Commission, aid shall be posted in a conspicuous place in the plant, shop, office, room, or place why employees are employed and where they may be readily seen by them. No such notice shall be posted by any person, employing unit, or employer who has not complied with the provisions of Part III, Title 19, Delaware Code of 1953, and to whom an unemployment compensation registration number has not been assigned by the Unemployment Compensation Commission of Delaware, or who, is accordance with the provisions of the Code, has ceased to be as employer as defined in the Code.
REFERENCE: Section 3314, Title 19, Delaware Code Eligibility for Benefits
10.3 Any employer who fails to return such completed request within the period prescribed shall be barred from claiming subsequently that the worker to whom such notice applied shall be disqualified under any of the provisions of §3315, Title 19, Delaware Code of 1953, and shall be barred from relief from benefit wage charges under 3349-3356, Title 19, Delaware Code of 1953, unless the Commission for reasons found to constitute good cause, shall release such employer for the default.
15.1.1 Partially Unemployed Individual. A partially unemployed individual is one who, during a particular week, (I) earned less than his weekly benefit amount plus two dollars, (II) was employed by a regular employer, (III) worked less than his normal customary full-time hours for such regular employer because of lack of full-time work.
15.1.2 Week of partial unemployment. With respect to a partially unemployed individual whose wages are paid on a weekly basis, a week of partial unemployment shall consist of his pay period week: with respect to a partially unemployed individual whose wages are not paid on a weekly basis, a week of partial unemployment shall consist of a calendar week, provided that the Commission may, upon its own initiative or upon application, prescribe as to any individual or group of individuals such other seven consecutive day period as it may find appropriate under the circumstances.
Appeals from decisions of deputies which involve issues arising under §3315(4), Title 19. Delaware Code of 1953 may be heard and decided by an appeal tribunal consisting al three members appointed pursuant to the authority contained in §3319, Title 19, Delaware Code of 1953, one of whom shall be the Referee mentioned in subsection 18.1 of this regulation, who shall serve as Chairman, one of whom shall be a representative of employers, and the other of whom shall be a representative of employees; except that if either one of the representatives or his alternate is absent or disqualified, the appeal shall be heard and decided by the Chairman alone. In any case is which a three-member tribunal Is not used, the Referee shall constitute a one member appeal tribunal.
"Agent State" means any State in which an individual files a claim for benefits from another State.
"Benefits" means the compensation payable to an individual, with respect to his unemployment, under the unemployment insurance of any State.
"Interstate Benefit Payment Plan" means the plan approved by the interstate Conference of Employment Security Agencies under which benefits shall be payable to unemployed individuals absent from the State (or States) in which benefit credits have been accumulated.
Interstate claimant" means an individual who claims benefits under the unemployment insurance Iaw of one or more liable States through the facilities of an agent State. The term "interstate claimant" shall not Include any individual who customarily commutes from a residence in an Agent State to work in a liable State unless the Delaware Unemployment Compensation Commission finds that this exclusion would create undue hardship on such claimants in specified areas.
Liable State" means any State against which an individual files, through another State, a claim for benefits.
"State" includes Alaska, Hawaii, and the District of Columbia.
"Week of unemployment" includes any week of unemployment as defined in the law of the liable State from which benefits with respect to such week are claimed.
§3354, Title 19, Delaware Code of 1953, provides:
23.1 Any employing unit in the building trades field, including employers not submit to Part III, Title 19, Delaware Code of 1953, who pays wages to persons employed in "employment* is defined in such law, but who claims be is not liable for contributions on wages paid for work with respect to which he has agreed to contract with any other person or persons pursuant to an agreement under which he operates, shall submit a copy of such agreement and shall certify to the Delaware Unemployment Compensation Commission on forms furnished for this purpose by the Commission the name and address of each such person with whom he agreed to contract for such work and other information requested on such forms. Such copy and such certification shall be filed between the first and tenth of the month following the calendar quarter during which the person claiming not to be liable for contributions agreed for the first time to contract for such work under such agreement.
34.1 When determining the benefit amount payable to an individual in any week, lump sum payments, deducted from an individual's weekly benefit amount by the Department pursuant to sections 3302(11), 3313(b), and 3313(f), Title 19, Delaware Code, shall be prorated and deducted from the individual's weekly benefit amount until said lump sum payment is exhausted.
35.1 Pursuant to Section 3125 (4), Title 19, Delaware Code, the disclosure of information contained in its records by the Department will be authorized, upon request, in the following cases for the following purposes:
35.1.6 Disclosure of information shall be made pursuant to 19 Del.C. §3125 (4). Officials and employees of those governmental agencies to whom such disclosure is to be made shall include, but is not limited to the following:
38.1 Section 3352, Title 19, Delaware Code regarding Joint Accounts of Employers, provides that the Department may prescribe regulations for the establishment, maintenance and dissolution of joint accounts by two or more employers subject to assessments under this Chapter.
39.1 Section 3348, Title 19, Delaware Code, regarding Average employer assessment rate; average industry assessment rate; average construction industry assessment rate; new employer rate; and standard rate of assessment, provides:
40.1 Section 3315(1), Title 19, Delaware Code, in part, provides that ....."if an individual has left his 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."
41.1 §3314(1), Title 19, Delaware Code provides that "the Department may, by regulation, waive or alter either or both of the requirements of this subdivision...".
41.2 Accordingly, "has registered for work" as it appears in §3314(1), Title 19, Delaware Code shall mean any registration process as required by the Department's Division of Employment and Training which may include, but shall not be limited to, group intake and the General Aptitude Test Battery.
42.1 §3315(3), Title 19, Delaware Code provides that an individual shall be disqualified for benefits "if he has refused to accept an offer of work which he is reasonably fitted....."
43.1 Section 3302(9)(A)(i)(I)(II), Title 19, Delaware Code, provides the following shall not be deemed employment:
43.2 The intent of Section 3302(9)(A)(M I)(II), Title 19, Delaware Code was to exclude the wages of officers of closely held corporations from unemployment insurance assessments since the work performed by such an officer was deemed not to be "covered employment" under Chapter 33, Title 19, Delaware Code. The intent of this Section was not to increase the unemployment insurance tax liability of closely held corporations.
43.3 Therefore, for the purpose of this regulation, the officer(s) of a closely held corporation may request personal coverage under Chapter 33, Title 19, Delaware Code, if the corporation agrees to such coverage and can show, to the satisfaction of the Department, that the mandatory exemption from personal coverage provided under Section 3302(9)(A)(i)(I)(II), Title 19, Delaware Code, would increase the total unemployment insurance program tax liability of the corporation.
43.4 In addition, the Department recognizes, as a result of the enactment of Section 3302(9)(A)(i)(I)(II), Title 19, Delaware Code, as amended in June 1983, that an increase in the total unemployment insurance program tax liability of a particular class of closely held corporations may have been further compounded where:
43.4.1 The officers of a closely held corporation first became subject to the provisions of Chapter 33, Title 19, Delaware Code, prior to the enactment of Section 3302(9)(A)(i)(I)(II), as amended In June 1983; and then,
44.1 Section 3349(d), Title 19, Delaware Code provides that "After July 1, 1986, no employer's rate shall be reduced below the new employer rate for any calendar year unless and until he has had employment in each of the 2 consecutive experience years immediately pre ceding the computation date, ...''.
44.2 For the purpose of this regulation, Section 3349(d), Title 19, Delaware Code shall apply only to those employers who first become subject to Chapter 33, Title 19, Delaware Code as provided by Section 3348(d)(e)(f), Title 19, Delaware Code, and such employers shall not have their employer rate reduced below the new employer rate prior to January 1, 1989.
46.1 Section 3401(a), Title 19, Delaware Code provides "In addition to all other payments to the State due under this Title, each employer liable for assessments under Chapter 33 of this Title shall also be liable for a special assessment which shall be levied at the rate of one tenth of 1 percent on all taxable wages, as defined in Section 3302(17) of this Title, payable by each such employer".
47.1 Section 3314(1), Title 19, Delaware Code regarding “eligibility for benefits" provides that the Department may, by regulation, waive or alter the registration for work requirement.
48.1 Section 3316(b), Title 19, Delaware Code provides that "No occupation or industry shall be deemed to provide seasonal employment that is not part of the first processing of agricultural products and/or seafood products".
49.1 Section 3325, Title 19, Delaware Code, as amended effective February 8, 1989, provides "No action shall be taken by the Department to collect in whale or in part an overpayment of benefits to any person after a period of 5 years from the date on which the overpayment was made by the Department".
49.2 With regard to the above cited provision of Section 3325, Title 19, Delaware Code, "the date on which the overpayment was made by the Department" shall be defined as the date on which the overpayment is established. For the purpose of this regulation, an overpayment shall be considered to be established with respect to any particular claim for benefits as of the date the Department's notice of overpayment and order for recount has become final.
Payroll period" means that period of time for which an employer customarily makes a single payment or credit of remuneration to all or a group or groups of its employees.
A "quarter" or "calendar quarter" means one of the four periods of three consecutive calendar months which begin, respectively, on January 1, April 1, July 1, and October 1.
"Wages paid" means:
"Wages paid in a quarter" means the total of all wages paid or accredited in accordance with subsections (a) and (b) of this section on any day falling within the calendar quarter.
3.2 Employers subject to Part III, Title 19, Delaware Code, shall report contributions due on forms prescribed or approved for this purpose by the Delaware Division of Unemployment Insurance and in accordance with instructions printed thereon (Form UC-8). Such reports shall be accompanied by payment of contributions.
REFERENCE: Section 3315, Title 19, Delaware Code Eligibility for Benefits
A claimant must provide a current address to the Delaware Division of Unemployment Insurance when a new, additional, or reopened claim is filed and provide any change in address thereafter to the Division during the entire length of time they are claiming entitlement to and receiving unemployment insurance benefits.
"Agent State" means any State in which an individual files a claim for benefits from another State.
"Benefits" means the compensation payable to an individual, with respect to his unemployment, under the unemployment insurance of any State.
"Interstate Benefit Payment Plan" means the plan approved by the Interstate Conference of Employment Security Agencies under which benefits shall be payable to unemployed Individuals absent from the State (or States) in which benefit credits have been accumulated.
"Interstate claimant" means an individual who claims benefits under the unemployment insurance law of one or more liable States through the facilities of an agent State. The term "interstate claimant" shall not include any individual who customarily commutes from a residence in an agent State to work in a liable State unless the Delaware Division of Unemployment Insurance finds that this exclusion would create undue hardship on such claimants in specified areas.
"Liable State" means any State against which an individual files a claim for benefits through another State.
"State” includes Alaska, Hawaii, the District of Columbia, the Virgin Islands and Puerto Rico.
"Week of unemployment" includes any week of unemployment as defined in the law of the liable State from which benefits with respect to such week are claimed.
Pursuant to Section 3125 (4), Title 19, Delaware Code, the disclosure of information contained in its records by the Delaware Division of Unemployment Insurance will be authorized, upon request, in the following cases for the following purposes:
12.6 Disclosure of information shall be made pursuant to 19 Delaware Code §3125(4). Officials and employees of those governmental agencies to whom such disclosure is to be made shall include, but is not limited to the following:
12.7 With respect to disclosure of information, all individuals or organizations to which information is disclosed under this section which discloses the identity of an individual or an employing unit shall be bound by the requirements of 19 Delaware Code §3125 regarding confidentiality of the information disclosed and shall be subject to the sanctions set out in that section for improper disclosure. The use of such information shall be limited to the purposes for which it was disclosed to the recipient as permitted by this regulation and shall be limited to the purposes reasonably necessary for the law administrated by such agency.
Section 3352, Title 19, Delaware Code regarding Joint Accounts of Employers, provides that the Department may prescribe regulations for the establishment, maintenance and dissolution of joint accounts by two or more employers subject to assessments under this Chapter.
Section 3348, Title 19, Delaware Code, regarding Average employer assessment rate; average industry assessment rate; average construction industry assessment rate; new employer rate; and standard rate of assessment, provides:
14.2 For any employer in NAICS categories 236, 237, and 238 who becomes subject to this Chapter, the new employer rate shall be the average industry assessment rate in that employer's particular NAICS category (carried to 4 places) or the average construction industry assessment rate, whichever is the greater. With regard to Section 3348, an employing unit that alters its legal status in any way, such as changing from a sole proprietorship or a partnership to a corporation, or from one corporate entity to another as a result of re-incorporation, merger, or a transfer of employees between such entities or whenever an employing unit that otherwise changes its trade name or business identity while remaining under substantially the same ownership will not be considered to have become first subject to Chapter 31, Delaware Unemployment Compensation Code upon such reorganization and shall not be entitled to a new employer rate of assessment. Such an employer will be considered to be a reorganized employer, not a new employer.
17.1 Section 3314(3) of Title 19, Delaware Code provides in part that an individual shall be disqualified for benefits "if he has refused to accept an offer of work which he is reasonably fitted....."
Pursuant to Section 3357, Title 19, Delaware Code regarding "Interest on past due assessments and reimbursement payments in lieu of assessments": Assessments and reimbursement payments in lieu of assessments which remain unpaid on the date they are due and payable, as prescribed by the Delaware Division of Unemployment Insurance, shall bear interest at the rate of 1.5% per month or fraction thereof from and after such date until payment plus accrued interest is received by the Delaware Division of Unemployment Insurance.
19.1 Section 3401(a), Title 19, Delaware Code provides: "In addition to all other payments to the State due under this Title, each employer liable for assessments under Chapter 33 of this Title shall also be liable for a special assessment which shall be levied at the rate of .15% on all taxable wages, as defined in Section 3302(17) of this Title, payable by each such employer".
20.1 Section 3315(1) Title 19, Delaware Code regarding "eligibility for benefits" provides that the Department may, by regulation, waive or alter the registration for work requirement.
21.1 Section 3316(b), Title 19, Delaware Code provides that: "No occupation or industry shall be deemed to provide seasonal employment that is not part of the first processing of agricultural products and/or seafood products.”
Last Updated: December 31 1969 19:00:00.
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