Unemployment Insurance Appeal Board

Del. Code tit. 19, ch. 31

in effect

Del. Code tit. 19, § 3101 Composition; appointment; term; qualifications; vacancy.

(a) The Employment Security Commission of Delaware, renamed the Unemployment Insurance Appeal Board (hereinafter referred to as the “Board”), is continued. It shall consist of 5 members to be appointed by the Governor, each for a term of 6 years. Two members shall reside in New Castle County, 1 of whom shall reside in the City of Wilmington, 1 member shall reside in Kent County, 1 member shall reside in Sussex County and 1 member to serve in an at large position. Appointed members shall include, but not be limited to representatives from labor, the business community and the public. (b) During the member’s term of membership on the Board, no member shall serve as an officer or committee member of any political party organization and not more than 3 members of the Board shall be members of the same political party. (c) Any vacancy in the Board occurring during a term shall be filled by appointment by the Governor for the unexpired portion of the term. (d) Members of the Unemployment Insurance Appeal Board as of June 30, 2012, shall serve out the remaining terms of their appointments as they existed prior to June 30, 2012, and in accordance with the provisions of the statute in existence at the time of their last appointment. (e) [Repealed.]

Del. Code tit. 19, § 3102 Removal of members.

The Governor may at any time, after notice and hearing, remove any Board member for gross inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office. For purposes of this section, any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least half of all regular business meetings during any calendar year shall be deemed to be in neglect of duty.

Del. Code tit. 19, § 3103 Quorum.

Any 3 Board members shall constitute a quorum. No vacancy shall impair the right of the remaining Board members to exercise all of the powers of the Board.

Del. Code tit. 19, § 3104 Chairperson; selection and duties.

The Board shall have a Chairperson who shall be designated by the Governor from among its members. Whenever the term of the Chairperson expires or whenever there is a vacancy in such office for any cause, the Governor shall designate a new Chairperson.

Del. Code tit. 19, § 3105 Compensation of Chairperson and other Board members.

The Chairperson of the Board shall be paid $ $235 for each meeting attended, not to exceed 80 meetings per year. Each of the other members of the Board shall be paid $185 for each meeting attended, not to exceed 80 meetings per year, and shall devote to the duties of their office such time as is necessary for the satisfactory execution thereof. The compensation of the Chairperson and other Board members shall be paid from the Unemployment Compensation Administration Fund provided for in § 3164 of this title, and not from any funds appropriated by the General Assembly.

Del. Code tit. 19, § 3106 Secretary.

The Board may designate a suitable employee to act as Secretary of the Board.

Del. Code tit. 19, § 3107 Unemployment Compensation Advisory Council.

(a) There is hereby established the Unemployment Compensation Advisory Council. (b) The Unemployment Compensation Advisory Council shall serve in an advisory capacity to the Director of Unemployment Insurance and aid the Director in reviewing the unemployment insurance program as to its content, adequacy and effectiveness, and make recommendations for its improvement. (c) The Unemployment Compensation Advisory Council shall have the following 10 members: (1) The respective Chairperson of the Labor and Industrial Relations Committee of the State Senate and of the Labor Committee of the State House of Representatives, or a committee member designated by the respective Chairperson; and (2) The respective Chairperson of the Small Business Committee of the State Senate and of the Business/Corporations/Commerce Committee of the State House of Representatives, or a committee member designated by the respective Chairperson; and (3) The Secretary of Finance, or an individual designated by the Secretary, shall be a nonvoting member; and (4) The Secretary of Labor, or an individual designated by the Secretary, shall be a nonvoting member; and (5) Two persons representing the interests of the labor community to be appointed by the Governor; and (6) Two persons representing the interests of business employers to be appointed by the Governor. (d) (1) The term of the elected members of the General Assembly serving the Council shall coincide with their status as members of the designated committees. (2) The term of the appointed officials serving on the Council shall coincide with their terms as Secretaries of the designated Departments. (3) The term of the Council members representing the interests of labor and business employers shall be 3 years and all shall be eligible for reappointment. (e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council. (f) A Chairperson of the Council shall be chosen by the members of the Council and shall serve in that capacity for a term of 1 year and shall be eligible for reelection. (g) Any appointment pursuant to this section to replace a member of the Council whose position becomes vacant prior to the expiration of the member’s term shall be filled by the Governor only for the remainder of that term. (h) The Council will, on a periodic basis, no less frequently than annually, report its findings and recommendations to the Governor and to the General Assembly.

Del. Code tit. 19, § 3121 Employment stabilization.

The Department of Labor, hereinafter referred to in this chapter as the “Department”, shall take all appropriate steps to: (1) Reduce and prevent unemployment; (2) Encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance; (3) Investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts and the State, of reserves for public works to be used in time of business depression and unemployment; (4) Promote the reemployment of unemployed workers throughout the State in every other way that may be feasible; and (5) Carry on and publish the results of investigations and research studies to further these ends.

Del. Code tit. 19, § 3122 General and special rules; regulations.

General and special rules may be adopted, amended or rescinded by the Department only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective 10 days after filing with the Secretary of State and publication in 1 or more newspapers of general circulation in this State. Special rules shall become effective 10 days after notification to or mailing to the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended or rescinded by the Department and shall become effective in the manner and at the time prescribed by the Department.

Del. Code tit. 19, § 3123 Recommendations for legislation.

Whenever the Department believes that a change in assessment or benefit rates will become necessary to protect the solvency of the Fund, it shall promptly so inform the Governor and the General Assembly and make recommendations with respect thereto.

Del. Code tit. 19, § 3124 Publication and distribution of regulations and rules.

The Department shall cause to be printed for distribution to the public the text of this part, its regulations and general and special rules, its annual reports to the Governor and any other material it deems relevant and suitable and shall furnish the same to any person upon application therefor.

Del. Code tit. 19, § 3125 Records and reports from employing units; disclosure of information; use of information at hearings or on appeal; penalty.

(a) (1) Each employing unit shall keep true and accurate records containing such information as the Department prescribes. Such records shall be open to inspection and subject to be copied by the Department or its authorized representatives at any reasonable time and as often as necessary. The Department may require from any employing unit any sworn or unsworn reports with respect to persons employed by such employing unit which the Department deems necessary for the effective administration of this part. Information thus obtained or obtained from any individual pursuant to the administration of this part shall, except to the extent necessary for the proper presentation of a claim, be held confidential and shall not be published or be open to public inspection other than to a member or employees of agencies as specified in paragraphs (a)(2), (3) and (4) of this section, in any manner revealing the individual’s or employing unit’s identity, but any claimant, or claimant’s legal representative, shall be supplied with information from such records to the extent necessary for the proper presentation of claimant’s claim. (2) The Department shall disclose, upon request, to officers or employees of any state or local child support enforcement agency, any wage information and unemployment compensation claim information with respect to an individual which is contained in its records. For the purposes of this paragraph (a)(2): a. The term “state or local child enforcement agency” means any agency of a state or political subdivision thereof operating pursuant to a plan described in § 454 of the Social Security Act [42 U.S.C. § 654], which has been approved by the Secretary of Health and Human Services under part D, Title IV of the Social Security Act [42 U.S.C. § 651 et seq.]. b. The requesting agency shall agree that such information is to be used only for the purpose of establishing and collecting child support obligations which are being enforced pursuant to a plan described in § 454 of the Social Security Act [42 U.S.C. § 654] which has been approved by the Secretary of Health and Human Services under part D, Title IV of the Social Security Act or for the establishment of paternity or the establishment, modification, or enforcement of child support orders pursuant to § 466(c)(1) of the Social Security Act [42 U.S.C. § 666(c)] as amended by § 325(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. c. The information shall not be released unless the requesting agency agrees to reimburse the costs involved for furnishing such information. d. In accordance with § 303(c) of the Social Security Act [42 U.S.C. § 503], as amended by § 313(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, a state or local child support enforcement agency may disclose to an agent of that agency for purposes of establishing and collecting child support obligations from and locating individuals owing such obligations, the information provided by the Department under this subsection. e. In addition to the requirements of this paragraph, all other requirements with respect to confidentiality of information obtained in the administration of this section and the sanctions imposed on improper disclosure shall apply to the use of such information by officers of such child support agencies. (3) The Department shall disclose, upon request to officers and employees of the United States Department of Agriculture and any state food stamp agency, with respect to an identified individual, any of the following information which is contained in its records: a. Wage information; b. Whether the individual is receiving, has received or has made application for unemployment compensation and the amount of any compensation being received or to be received by such individual; c. The current or most recent home address of the individual; and d. Whether the individual has refused an offer of employment and if so, a description of the employment offered and the terms, conditions and rate of pay therefor; and e. Provided that, for the purposes of this paragraph: 1. The term “state food stamp agency” means any agency described in § 3(n)(1) of the Food Stamp Act of 1977 [7 U.S.C. § 2012] which administers the food stamp program established under such Act. 2. The requesting agency shall agree that such information shall be used only for purposes of determining the applicant’s eligibility for benefits, or the amount of benefits, under the food stamp program established under the Food Stamp Act of 1977 [7 U.S.C. § 2011 et seq.]. 3. In addition to the requirements of this paragraph, all other requirements with respect to confidentiality of information obtained in the administration of this section and the sanctions imposed for improper disclosure of information obtained in the administration of this section shall apply to the use of such information by the officers and employees of any food stamp agency or the United States Department of Agriculture. (4) The Department shall disclose information, the release of which is otherwise prohibited, to officials and employees of governmental agencies in the performance of their official duties, as it may by regulation permit, provided: a. The regulation specifies the type of information to be released and the uses to which the information may be put, consistent with the administration of the unemployment laws of Delaware and other legitimate governmental interests; b. The information shall not be released unless the requesting agency agrees to reimburse the costs for furnishing such information; c. In addition to the requirements of this paragraph, all other requirements with respect to the confidentiality of information obtained in the administration of this section and the sanctions imposed for improper disclosure shall apply to the use of such information by officials and employees of agencies to which information is released pursuant to this paragraph; d. The regulation specifies that the Secretary of Labor of the United States may obtain all information essential to the performance of the Secretary’s official duties without an agreement to reimburse costs. (b) Any employee of the Department, an appeal tribunal or the Unemployment Insurance Appeal Board who violates any provision of this section shall be fined not less than $23 nor more than $230, or imprisoned not more than 90 days or both. (c) (1) If any employing unit neglects or refuses to file with the Department a required report with respect to persons employed by the employing unit within 5 days after the report is due, the employing unit is subject to a penalty of 15% of the total amount of contributions paid or payable by the employing unit unless 1 of the following applies: a. If the penalty calculated under this paragraph (c)(1) is less than $100, the penalty is $100. b. If the penalty calculated under this paragraph (c)(1) is more than $450, the penalty is $450. (2) The penalties under paragraph (c)(1) of this section are in addition to any other penalties provided for in this part.

Del. Code tit. 19, § 3126 Administering oaths and affirmations, taking depositions, certifying official acts and issuing subpoenas.

In the discharge of the duties imposed by this part, the members of the Department, the chairperson of an appeal tribunal and any duly authorized representative of either of them may administer oaths and affirmations, take depositions, certify to official acts and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda and other records deemed necessary as evidence in connection with a disputed claim or the administration of this part.

Del. Code tit. 19, § 3127 Refusal to obey subpoena; penalty.

(a) In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this State within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Department, a chairperson of an appeal tribunal or any duly authorized representative of either, shall have jurisdiction to issue to such person an order requiring such person to appear before the Department, an appeal tribunal or any duly authorized representative of either, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof. (b) Whoever without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records if it is in the person’s power so to do in obedience to a subpoena of the Department, a chairperson of an appeal tribunal or any duly authorized representative of either shall be fined not less than $23 nor more than $230 or imprisoned not more than 60 days or both. Each day such violation continues shall be deemed to be a separate offense.

Del. Code tit. 19, § 3128 Self-incrimination.

No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the Department, the chairperson of an appeal tribunal or any duly authorized representative of either of them or in obedience to the subpoena of any of them in any cause or proceeding before the Department or an appeal tribunal on the ground that the testimony or evidence, documentary or otherwise, required of that person may tend to incriminate that person or subject that person to a penalty or forfeiture, but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which that person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

Del. Code tit. 19, § 3129 Representation of Department and State in civil and criminal actions.

(a) In any civil action to enforce this part, the Department and the State may be represented by any qualified attorney who is employed by the Department and is designated for this purpose or at the Department’s request by the Attorney General. (b) All criminal actions for violation of any provision of this part or of any rules or regulations issued pursuant thereto shall be prosecuted by the Attorney General of the State or, at the Attorney General’s direction, by 1 of the Attorney General’s deputies.

Del. Code tit. 19, § 3130 Cooperation with federal agencies.

In the administration of this part, the Department shall cooperate with the United States Department of Labor to the fullest extent consistent with this part and shall take such action, through the adoption of appropriate rules, regulations, administrative methods and standards, as may be necessary to secure to this State and its citizens all advantages available under the Social Security Act [42 U.S.C. § 301 et seq.] that relate to unemployment compensation, the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.], the Wagner-Peyser Act [29 U.S.C. § 49 et seq.] and the Federal-State Extended Unemployment Compensation Act of 1970 [26 U.S.C. § 3304]. In the administration of the provisions in § 3326 of this title, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the Department shall take such action as may be necessary to: (1) Ensure that the provisions are so interpreted and applied as to meet the requirements of such federal act as interpreted by the United States Department of Labor, and (2) Insure to this State the full reimbursement of the federal share of extended benefits paid under this part that are reimbursable under the federal act. Upon request therefor the Department shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation and employment status of each recipient of benefits and such recipient’s rights to further benefits under this part. The Department may make its records relating to the administration of this part available to the Railroad Retirement Board established by act of Congress and may furnish to the Board, at the expense of the Board, such copies thereof as the Board deems necessary for its purposes. The Department may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment insurance or compensation law.

Del. Code tit. 19, § 3131 Reciprocal arrangements with state or federal agencies.

(a) The Department may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government or both whereby: (1) Services performed by an individual for a single employing unit for which services are customarily performed in more than 1 state shall be deemed to be services performed entirely within any 1 of the states (A) in which any part of such individual’s service is performed or (B) in which such individual has residence or (C) in which the employing unit maintains a branch office or its principal place of business, if there is in effect, as to such services, an election, approved by the agency charged with the administration of such state’s unemployment compensation law, pursuant to which all the services performed by such individual for such employing unit are deemed to be performed entirely within such state; (2) Potential rights to benefits accumulated under the unemployment compensation laws of 1 or more states or under 1 or more such laws of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the Department finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the Fund; (3) The Department shall participate in any arrangement for the payment of compensation on the basis of combining an individual’s wages and employment covered under this part with the wages and employment covered under the unemployment compensation laws of other states or of the federal government which are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which includes provisions for: a. Applying the base period of a single state law to a claim involving the combining of an individual’s wages and employment covered under 2 or more state unemployment compensation laws; and b. Avoiding the duplicate use of wages and employment by reason of such combining; (4) Assessments due under this part with respect to wages for insured work shall for the purposes of §§ 3357-3365 of this title be deemed to have been paid to the fund as of the date payment was made as assessments therefor under another state or federal unemployment compensation law but no such arrangement shall be entered into unless it contains provisions for such reimbursement to the fund of such assessments and the actual earnings thereon as the Department finds will be fair and reasonable as to all affected interests. (b) Reimbursements paid from the Fund pursuant to paragraph (a)(3) of this section shall be deemed to be benefits for the purpose of §§ 3161-3163 and 3313 of this title, but no reimbursement payable from the Fund shall be charged against any employer’s account for the purposes of §§ 3345-3356 of this title. The Department may make to other state or federal agencies and receive from such other state or federal agencies reimbursements from or to the Fund, in accordance with arrangements entered into pursuant to subsection (a) of this section. (c) The administration of this part and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this State and such other states and the appropriate federal agencies in exchanging service and making available facilities and information. The Department may, therefore, make such investigations, secure and transmit such information, make available such services and facilities and exercise such of the other powers provided herein with respect to the administration of this part as it deems necessary or appropriate to facilitate the administration of any such unemployment compensation or public employment service law, and, in like manner, may accept and utilize information, services and facilities made available to this State by the agency charged with the administration of any such other unemployment compensation or public employment service law. (d) To the extent permissible under the laws and Constitution of the United States, the Department may enter into or cooperate in arrangements whereby facilities and services provided under this part and facilities and services provided under the unemployment compensation law of any foreign government may be utilized for the taking of claims and the payment of benefits under the employment security law of this State or under a similar law of such government.

Del. Code tit. 19, § 3132 Authority to use federal grants; limitations.

If § 303(a)(5) of Title III of the federal Social Security Act [42 U.S.C. § 503(a)(5)] and § 3304(a)(4) of the Internal Revenue Code [26 U.S.C. § 3304(a)(4)] are amended by the Congress of the United States to permit the Department to use, in financing administrative expenditures incurred in carrying out its employment security functions, some part of the moneys collected or to be collected under this part in partial or complete substitution for grants under Title III of the federal Social Security Act [42 U.S.C. § 501 et seq.], there shall be available to the Department without further appropriation or legislation such portion of the moneys collected or to be collected under this part, as the Department finds necessary for effective administration of this part. In no event shall the funds expended by the Department under this provision in any year be in excess of 2 / 10 of 1% of the payrolls of employers subject to assessments collected under this part for the previous fiscal year. Such amount shall be determined annually by the Department in conjunction with the Secretary of Finance and shall be transferred to the Administration Fund. Any unexpended portion of this annual allocation shall revert to the Unemployment Compensation Reserve Fund.

Del. Code tit. 19, § 3133 Authority to borrow federal funds.

The Department is authorized to enter into such agreement as may be necessary to secure any advance or grant of funds by the Secretary of the Treasury of the United States in accordance with the authority extended under § 1201 of the federal Social Security Act (42 U.S.C. § 1321), as amended, or under any other act of Congress extending such authority. Any amount transferred to the Unemployment Trust Fund by the Secretary of the Treasury of the United States under the terms of any agreement entered into in accordance with the authority extended in this section shall be repaid to the Secretary of the Treasury of the United States from the Unemployment Trust Fund. Interest on interest-bearing advances from the federal government for the payment of unemployment compensation benefits shall be paid in a timely manner, as prescribed by the Secretary of Labor of the United States, from the Special Administration Fund for the Department of Labor as provided in § 3166 of this title.

Del. Code tit. 19, § 3151 Establishment and purpose; acceptance of Wagner-Peyser Act.

The Delaware State Employment Service is continued under the jurisdiction and as a part of the Department of Labor. The Department, in the conduct of such Service, shall establish and maintain free public employment offices in such number and in such places as are necessary for the proper administration of this part and for the purposes of performing such functions as are within the purview of the act of Congress entitled “An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system and for other purposes,” approved June 6, 1933, 48 Stat. 113, hereinafter referred to as the “Wagner-Peyser Act” [29 U.S.C. § 49 et seq.]. The provisions of such act of Congress are accepted by this State, and the Department of Labor is designated and constituted the agency of this State for the purposes of such act.

Del. Code tit. 19, § 3152 Administration of funds received under Wagner-Peyser Act; power of Department to enter into agreements and to accept contributions or reimbursement.

All moneys received by this State under the Wagner-Peyser Act [29 U.S.C. § 49 et seq.] shall be paid into the Unemployment Compensation Administration Fund and shall be expended solely for the maintenance of the state system of public employment offices. For the purposes of establishing and maintaining free public employment offices and promoting the use of their facilities, the Department may enter into agreements with the Railroad Retirement Board or any other agency of the United States, or of this or any other state charged with the administration of any law whose purposes are reasonably related to the purposes of this part, and as a part of such agreements may accept moneys, services or quarters as a contribution to the maintenance of the state system of public employment offices or as reimbursement for services performed. All moneys received for such purposes shall be paid into the Unemployment Compensation Administration Fund.

Del. Code tit. 19, § 3153 General functions and purposes.

The Department, in conducting the employment service, shall promote and develop an employment office or system of employment offices, in order: (1) That employers seeking workers and the unemployed without cost to either may be referred to each other; (2) To provide adequate quarters and facilities for the registration of employees and for the receipt of orders from employers; (3) To provide prior opportunity of employment to citizens of Delaware and of the United States, except when such are unavailable and not qualified; (4) To cooperate in the administration of unemployment insurance laws; (5) To provide complete responsible records of all applicants; (6) To reduce the wageless period between jobs and the resulting drain on savings, credit and social agencies; (7) To develop and operate a technique by which workers in obsolete or similar occupations may be economically absorbed in a gainful occupation; (8) To provide facilities by which those in need of rehabilitation or readjustment may be absorbed in private industry with mutual advantage; (9) To provide information to juniors and those responsible for their training and influence in choosing the proper occupations; (10) To reduce the cost to industry of procurement, sifting out and turnover; (11) To provide existing facilities for government and industry in a period of national emergency; (12) To provide for the clearance of labor to work opportunities between Delaware and the other states; and (13) To cooperate in the dissemination of employment information and trends and with other public bodies to the end that governmental administration and legislation will have additional, necessary and accurate facts for their guidance.

Del. Code tit. 19, § 3154 Cooperation with local authorities.

The Department shall cooperate with the counties, cities and towns of the State and shall require such local cooperation as it deems necessary to carry out this subchapter. Any local funds granted for the cooperative maintenance of a local office shall be deposited in the State Treasury and may be withdrawn only by warrants of the Department and only for that purpose.

Del. Code tit. 19, § 3155 [Reserved].

Del. Code tit. 19, § 3161 Unemployment Compensation Fund.

There shall be a special fund, separate and apart from all public moneys or funds of this State, to be known as the Unemployment Compensation Fund which shall be administered by the Department exclusively for the purposes of this part. This Fund shall consist of: (1) All assessments collected under this part (except the additional emergency assessment required under § 3391 of this title) together with any interest thereon collected prior to October 1, 1967, pursuant to §§ 3357-3365 of this title; (2) All penalties collected prior to October 1, 1967, pursuant to this part; (3) Interest earned upon any moneys in the Fund; (4) Any property or securities acquired through the use of moneys belonging to the Fund; and (5) All earnings of such property or securities. All moneys in the Fund shall be mingled and undivided.

Del. Code tit. 19, § 3162 Administration of Unemployment Compensation Fund by State Treasurer.

(a) The State Treasurer shall be ex officio the treasurer and custodian of the Unemployment Compensation Fund. The Treasurer shall administer such Fund in accordance with the directions of the Department and shall issue warrants upon it in accordance with such regulations as the Department prescribes. The Treasurer shall maintain within the Fund 3 separate accounts: (1) A clearing account; (2) An unemployment trust fund account; and (3) A benefit account. All moneys payable to the Fund, upon receipt thereof by the Department, shall be forwarded to the State Treasurer, who shall immediately deposit them in the clearing account. Refunds payable pursuant to § 3365 of this title shall be paid in accordance with that section and may be paid from the clearing account upon warrants issued by the State Treasurer under the direction of the Department. Notwithstanding any provisions of law in this State relating to the deposit, administration, release or disbursement of moneys in the possession or custody of this State, after clearance thereof, all moneys in the clearing account derived from assessments (except the additional emergency assessment required under § 3391 of this title) shall be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this State in the Unemployment Trust Fund established and maintained pursuant to § 904 of the federal Social Security Act, as amended (42 U.S.C. § 1104), and all moneys derived from the additional emergency assessment required under § 3391 of this title, interest and penalties shall be deposited in the Special Administration Fund of the Department of Labor established and maintained pursuant to § 3166 of this title. The benefit account shall consist of all moneys requisitioned from this State’s account in the Unemployment Trust Fund. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited by the State Treasurer, under the direction of the Department, in any bank or public depository in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the Fund. (b) The State Treasurer shall be liable on official bond for the faithful performance of duties in connection with the Unemployment Compensation Fund provided for under this part. Such liability on the official bond shall exist in addition to the liability upon any separate bond given by the State Treasurer.

Del. Code tit. 19, § 3163 Requisitions for payment of benefits; disposition of unclaimed or unpaid money.

Moneys shall be requisitioned from this State’s account in the Unemployment Trust Fund solely for the payment of benefits and/or self-employment assistance allowances and in accordance with regulations prescribed by the Department. The Department shall from time to time requisition from the Unemployment Trust Fund such amounts, not exceeding the amounts standing to this State’s account therein, as it deems necessary for the payment of benefits and/or self-employment assistance allowances for a reasonable future period. Upon receipt thereof the State Treasurer shall deposit such moneys in the benefit account and shall issue warrants for the payment of benefits and/or self-employment assistance allowances solely from such benefit account. Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All warrants issued by the State Treasurer for the payment of benefits and/or self-employment assistance allowances and refunds shall bear the signature of the State Treasurer and the countersignature of the Department or its duly authorized agent for that purpose. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for and may be utilized for the payment of benefits and/or self-employment assistance allowances during succeeding periods, or, at the discretion of the Department, shall be redeposited with the Secretary of the Treasury of the United States to the credit of this State’s account in the Unemployment Trust Fund, as provided in § 3162 of this title.

Del. Code tit. 19, § 3164 Unemployment Compensation Administration Fund.

(a) There shall be in the State Treasury a special fund to be known as the Unemployment Compensation Administration Fund. All moneys which are deposited or paid into this Fund shall be continuously available to the Department for expenditure in accordance with this part and shall not lapse at any time or be transferred to any other fund. All moneys in this Fund which are received from the federal government or any agency thereof or which are appropriated by this State for the purposes described in §§ 3151 and 3152 of this title shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor of the United States for the proper and efficient administration of this part. The Administration Fund shall consist of all moneys appropriated by this State, all moneys received from the United States of America, or any agency thereof, including the Secretary of Labor of the United States, and all moneys received from any other source for such purpose, and shall also include any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency, any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Unemployment Compensation Administration Fund or by reason of damage to equipment or supplies purchased from moneys in such Fund and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this part. All moneys in the Administration Fund shall be deposited, administered and disbursed, in the same manner and under the same conditions and requirements as is provided by law for other special funds in the State Treasury, except that moneys in this Fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of a depositary bank. (b) The State Treasurer shall be liable on the Treasurer’s official bond for the faithful performance of duties in connection with the Administration Fund provided for under this section. Such liability on the official bond shall exist in addition to any liability upon any separate bond which may be given by the State Treasurer. All sums recovered on any surety bond for losses sustained by the Administration Fund shall be deposited in that Fund.

Del. Code tit. 19, § 3165 Reimbursement of Administration Fund by State.

If any moneys received after June 30, 1941, from the Secretary of Labor of the United States under Title III of the Social Security Act [42 U.S.C. § 501 et seq.] or any unencumbered balances in the Unemployment Compensation Administration Fund as of that date or any moneys granted after that date to this State pursuant to the Wagner-Peyser Act [29 U.S.C. § 49 et seq.] or any moneys made available by this State or its political subdivisions are found by the Secretary of Labor of the United States because of any action or contingency to have been lost or been expended for purposes other than or in amounts in excess of those found necessary by the Secretary of Labor of the United States for the proper administration of this part, it is the policy of this State that such amounts shall be replaced from the moneys in the Special Administration Fund of the Department of Labor. Upon receipt of notice of such a finding by the Secretary of Labor of the United States, the Department shall promptly replace the amount required for such replacement from the Special Administration Fund, or, if the balance in this Fund is insufficient, it shall promptly report the amount required for such replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the General Assembly the request for the appropriation of such amount. This section and § 3164 of this title shall not be construed to relieve this State of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Title III of the Social Security Act.

Del. Code tit. 19, § 3166 Special Administration Fund.

(a) Creation. — There is created in the State Treasury a special fund to be known as The Special Administration Fund of the Department of Labor. This Fund shall consist of: (1) All interest and penalties collected under this part subsequent to September 30, 1967; (2) All moneys collected pursuant to § 3391 of this title for the payment of interest on federal advances; (3) All moneys collected pursuant to § 3401 of this title; (4) All interest on or profits earned by the said Special Administration Fund; (5) All moneys collected pursuant to § 3350B of this title. (b) Administration. — All moneys collected pursuant to this section shall be deposited in the clearing account of the Unemployment Compensation Fund for clearance only and shall not become part of such Fund. After clearance, the moneys shall be deposited in the Special Administration Fund of the Department of Labor. All moneys in this Fund shall be prudently invested to the credit of this Fund, administered and disbursed in the same manner as is provided by law for other special funds in the State Treasury and such moneys shall be maintained in a separate ledger account on the books of the Secretary of Finance. The State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board and credit interest to the Fund monthly consistent with the rate established by the Cash Management Policy Board. Money in the Fund at the end of a State fiscal year carries forward and must not revert to the General Fund. Balances to the credit of the Fund shall not lapse at any time but shall be continuously available to the Secretary of Labor for expenditures consistent with this section. (c) Use. — The moneys in the Special Administration Fund may be used by the Department for: (1) The payment of costs of the administration of this part which are not properly and validly chargeable against federal granted funds received for or in the Unemployment Compensation Administration Fund, or where properly and validly chargeable against said funds, but where said funds are depleted or not available; (2) Replacement, within a reasonable time and subject to § 3165 of this title, of any moneys received by this State in the form of grants from the federal government for administrative expenses which because of any action or contingency have been lost or have been expended for purposes other than or in amounts in excess of those considered by the United States Secretary of Labor to be necessary for the proper and efficient administration of this part; (3) A revolving fund to cover expenditures for which federal funds have been duly requested but not yet received, subject to the replacement of the amount expended when such funds are received, and refunds of erroneously collected interest and penalties subject to § 3365 of this title; (4) Refunds of overpayments of this Fund subject to the time limit provisions of § 3365 of this title; (5) The payment of interest on advances from the federal government for unemployment compensation benefits, which shall be from moneys collected pursuant to § 3391 of this title; (6) The payment of the costs of programs to counsel, retrain and place dislocated workers, to assist in school-to-work transition activities, to provide industrial training, to provide career-ladder training for state employees, and the payment of the administrative costs of such programs, which shall be from moneys collected pursuant to § 3401 of this title; and (7) The payment of costs of unemployment compensation technology automation and improvement initiatives established by the Department and the payment of the administrative costs of such technology automation and improvement initiatives. (d) Transfer. — The Secretary of Labor, whenever the Secretary determines that the money in the Special Administration Fund is more than adequate to pay for all foreseeable needs for which this Fund is created, may authorize the transfer therefrom to the Unemployment Trust Fund of such amount as the Secretary deems proper.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title19/c031/sc01/index.htmlFetched: 10/4/2026