[PUBLIC NO. 470-76TH CONGRESS] [CHAPTER 127-3D SESSION] AN ACT To amend the District of Columbia Unemployment Compensation Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 (b) of the District of Columbia Unemployment Compensation Act, approved August 28, 1935, as amended, is further amended by adding a new paragraph: "(9) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution." SEC. 2. This amendment shall be effective January 1, 1940. (329) [PUBLIC-No. 719-76TH CONGRESS] [CHAPTER 524-3D SESSION] AN ACT To amend the District of Columbia Unemployment Compensation Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the District of Columbia Unemployment Compensation Act, approved August 28, 1935, is further amended to read as follows: TITLE I Add a new paragraph to section 1 (b) of District of Columbia Unemployment Compensation Act, approved August 28, 1935, as follows: "(10) Service performed by an individual for a person as an insurance agent or as an insurance solicitor, if all such service performed. by such individual for such person is performed for remuneration solely by way of commission.' At the end of section 1 (c) change the period to a colon and add the following: "Provided, That such term 'wages' shall not include that part of the remuneration which, after remuneration equal to $3,000 has been paid to any individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer with respect to employment during such calendar year and after December 31, 1939." Substitute the following subsection (d) for section 1 (d): "(d) 'Benefit year' with respect to any individual means the fiftytwo-consecutive-week period beginning with the first day of the first week with respect to which the individual first files a valid claim for benefits, and thereafter the fifty-two-consecutive-week period beginning with the first day of the first week with respect to which the individual next files a valid claim for benefits after the termination of his last preceding benefit year. Any claim for benefits made in accordance with section 12 (a) of this Act shall be deemed to be a 'valid claim' for the purposes of this subsection if the individual has during his base period been paid wages for employment by employers equal to not less than whichever is the lesser or (1) twentyfive times his weekly benefit amount, and (2) $250." Substitute the following subsection (e) for section 1 (e): "(e) An individual shall be deemed unemployed in any week during which no earnings are payable to him, or in any week of less than full-time work if the earnings payable to him with respect to such week are less than his weekly benefit amount." Substitute the following subsection (f) for section 1 (f): "(f) Earnings' means all remuneration payable for personal services, including wages, commissions, and bonuses and the cash value of all remuneration payable in any medium other than cash whether received from employment, self-employment, or any other work. Gratuities received by an individual in the course of his wk shall be treated as earnings. The reasonable cash value of any remuneration payable in any medium other than cash, and a reasonable amount of gratuities shall be estimated and determined in accordance with the regulations prescribed by the Board." In section 1 (g), immediately following the words "sixteen years of age", insert the words ", or a child who is unable to work because of physical disability". In section 1 (n), line 2, after the word "District", insert the words "or elsewhere", and strike out the remainder of the sentence. Immediately following section 1 (n) add the following new section 1 (0): "(o) 'Base period' means the first four out of the last five completed calendar quarters immediately preceding the first day of the individual's benefit year." In paragraph 3 of section 3 (a) strike out the following words: ", and 1940,". Immediately following section 3 (a) add the following section 8 (b): (b) Every employer who employs one or more individuals in any employment shall, beginning with the month of January 1940, pay 2.7 per centum of the total wages paid with respect to such employment." Strike out paragraph 4 of section 3 (a). In section 3 (b) strike out the letter "(b)" and insert in lieu thereof the letter "(c)". In section 3 (b), line 2, strike out the words "calendar year 1941" and substitute in lieu thereof "second six months of the calendar year 1942". In section 3 (b), line 14, substitute the word "paid" for the word "payable". In section 3 (b), lines 8 and 13, change the figure "3" to "2.7". "(b) Contributions shall become due and be payable at such time and in accordance with such regulations as the Board may prescribe. No extension of the time for filing any return or for the payment of the contributions shall be allowed to any employer. All moneys so required to be paid to and collected by the Board shall be subject to audit by the District Auditor." Immediately following sec on 4 (e) insert the following new section 4 (f): "(f) REFUNDS.-If not later than one year after the date on which any contributions or interest thereon became due an employer who has paid such contributions or interest thereon shall make application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment cannot be made, and the Board shall determine that such contributions or interest or any portion thereof was erroneously collected, the Board shall allow such employer to make an adjustment thereof, without interest, in connection with subsequent contribution payments by him, or if such adjustment cannot be made, the Board shall refund said amount, without interest, from the clearing account or benefit account upon checks issued by the Board or its duly authorized agent. For like cause and within the same period, adjustment or refund may be so made on the Board's own initiative. Should benefits have been paid based upon work records filed by the employer, claiming an adjustment or refund, such benefit should be disregarded for purposes of figuring such adjustment or refund, and any such benefit payments already having been made at the time of the refund, based upon records filed with this Board by such employer, shall to that extent be allowed and shall not be deemed to have been paid erroneously: Provided, That applications with respect to adjustments or refunds for the years 1936, 1937, 1938, and 1939 may be made within one year from the effective date of this title. All refunds paid pursuant to this subsection shall be subject to a prior audit by the District Auditor." Substitute for section 8 the following new section 8: "SEC. 8. (a) On and after January 1, 1938, benefits shall become payable from the benefit account of the District unemployment fund. All benefits shall be paid through employment offices, in accordance with such regulations as the Board may prescribe. "(b) An individual's weekly benefit amount shall be the amount appearing in column B in the table set forth in this subsection on the line on which in Column A of such table appears the total wages for employment paid to such individual by employers during that quarter of his base period in which such wages were the highest. "(c) Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount less the earnings (if any) payable to him with respect to such week. For the purpose of this subsection, the term 'earnings' shall include only that part of the remuneration pay able to him for such week which is in excess of 40 per centum of his weekly benefit amount for any week. Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1. "(d) Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to nineteen times his weekly benefit amount or one-half of the wages for employment paid to such individual by employers during his base period, whichever is the lesser. "(e) DEPENDENT'S ALLOWANCE.-In addition to the benefits payable under subsections (b) and (c) of this section, each individual who is unemployed in any week shall be paid with respect to such week $1 for each dependent relative, but not more than $3 shall be paid to an individual as dependent's allowance with respect to any one week of unemployment, nor shall any weekly benefit which includes a dependent's allowance be paid in the amount of more than $18." Substitute the following paragraph (2) for paragraph (2) of section 10 (a): "(2) that he has during his base period been paid wages for employment by employers equal to not less than the amount appearing in column 'C' of the table in section 8 (b), on the line on which in column 'B' his weekly benefit amount appears;". Substitute the following paragraph (5) for paragraph (5) of section 10 (a): "(5) that he has been unemployed for a waiting period of not more than two weeks. No week shall be counted as a week of unemployment for the purposes of this subsection "(A) unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits: Provided, That this requirement shall not interrupt the payment of benefits for consecutive weeks of unemployment: And provided further, That the week or the two consecutive weeks immediately preceding a benefit year, if part of one uninterrupted period of unemployment which continues into such benefit year, shall be deemed (for the purposes of this subsection only) to be within such benefit year as well as within the preceding benefit year; "(B) if benefits have been paid with respect thereto; and "(C) unless the individual was eligible for benefits with respect thereto as provided in sections 10 and 11 of the District of Columbia Unemployment Compensation Act, approved August 28, 1935, as amended by this title, except for the requirements of this paragraph; and". Substitute the following subsection (a) for section 14 (a): "SEC. 14. (a) The Board is hereby authorized and directed to administer the provisions of this Act. Subject to the Civil Service Act, the Board is further authorized to employ such officers, examiners, accountants, attorneys, experts, agents, and other persons, and to make such expenditures, as may be necessary to administer this Act, and to authorize any such person to do any act or acts which could lawfully be done by the Board. The Civil Service Commission is hereby authorized and directed to confer a competitive classified civil-service status upon those employees performing services for the Board upon the effective date of this title: Provided, That (1) such |