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Chapter 21 A     Entire Code

CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

ARTICLE 6. EMPLOYEE ELIGIBILITY; BENEFITS.

§21A-6-1. Eligibility qualifications.

An unemployed individual shall be eligible to receive benefits only if the commissioner finds that:

(1) He or she has registered for work at and thereafter continues to report at an employment office in accordance with the regulations of the commissioner;

(2) He or she has made a claim for benefits in accordance with the provisions of article seven of this chapter and has furnished his or her Social Security number, or numbers if he or she has more than one such number;

(3) He or she is able to work and is available for full-time work for which he or she is fitted by prior training or experience and is doing that which a reasonably prudent person in his or her circumstances would do in seeking work;

(4) He or she has been totally or partially unemployed during his or her benefit year for a waiting period of one week prior to the week for which he or she claims benefits for total or partial unemployment;

(5) He or she has within his or her base period been paid wages for employment equal to not less than $2,200 and must have earned wages in more than one quarter of his or her base period or, if he or she is not eligible under his or her base period, has within his or her alternative base period been paid wages for employment equal to not less than $2,200 and must have earned wages in more than one quarter of his or her alternative base period; and

(6) He or she participates in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and needs reemployment services pursuant to a profiling system established by the commissioner, unless the commissioner determines that:

(a) The individual has completed such services; or

(b) There is justifiable cause for the claimant's failure to participate in such services.

§21A-6-1a. Seasonal employment.

An individual working less than one hundred days during his base period in an industry recognized as seasonal, such as food processing and canning, shall not be eligible for benefits unless he has earned wages during his base period in other covered employment equal to not less than $100.

§21A-6-1b. Requalification requirement.

An individual filing a claim for benefits which, if otherwise valid, would establish a subsequent benefit year, in order to be eligible for benefits for such subsequent benefit year, must have returned to work and earned wages in covered employment after the beginning of his previous benefit year equal to or exceeding an amount eight times his weekly benefit rate amount established for the previous benefit year, and be otherwise eligible under the provisions of this article and of this chapter.

§21A-6-1c. Voluntary withholding program.

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised by the appropriate bureau employee that:

(1) Unemployment compensation is subject to federal and state income tax;

(2) Requirements exist pertaining to estimated tax payments;

(3) The individual may elect to have federal and state income tax deducted and withheld from the individual's payment of unemployment compensation at the appropriate federal and state withholding rate; and

(4) The individual may change a previously elected withholding status.

(b) Amounts deducted and withheld from unemployment compensation shall remain in the unemployment fund until transferred to the appropriate federal or state taxing authority as payment of income tax.

(c) The commissioner shall follow all procedures specified by the United States Department of Labor, federal Internal Revenue Service and the West Virginia State Tax Division pertaining to the deducting and withholding of income tax.

(d) Amounts shall be deducted and withheld in accordance with the priorities established in rules developed by the commissioner.

(e) Effective date. -- The amendments made to this section regarding withholding for state income tax shall be effective for payments made on and after January 1, 2010.

§21A-6-2. Waiting period construed.

If the benefit year ends during a period of total unemployment for any individual, such individual shall serve a new waiting period of one week before benefits accruing in the new benefit year shall be payable.

During the waiting period, the individual must be eligible in all respects, except for the requirements of subsection (2) of section one of this article. No week shall be counted as the waiting period week if benefits have been paid with respect to such week.

§21A-6-3.  Disqualification for benefits.

Upon the determination of the facts by the commissioner, an individual is disqualified for benefits:

(1) For the week in which he or she left his or her most recent work voluntarily without good cause involving fault on the part of the employer and until the individual returns to covered employment and has been employed in covered employment at least thirty working days.

For the purpose of this subdivision, an individual has not left his or her most recent work voluntarily without good cause involving fault on the part of the employer if the individual leaves his or her most recent work with an employer and if he or she in fact, within a fourteen-day calendar period, does return to employment with the last preceding employer with whom he or she was previously employed within the past year prior to his or her return to work, and which last preceding employer, after having previously employed the individual for thirty working days or more, laid off the individual because of lack of work, which layoff occasioned the payment of benefits under this chapter or could have occasioned the payment of benefits under this chapter had the individual applied for benefits. It is the intent of this paragraph to cause no disqualification for benefits for an individual who complies with the foregoing set of requirements and conditions. Further, for the purpose of this subdivision, an individual has not left his or her most recent work voluntarily without good cause involving fault on the part of the employer, if the individual was compelled to leave his or her work for his or her own health-related reasons and notifies the employer prior to leaving the job or within two business days after leaving the job or as soon as practicable and presents written certification from a licensed physician within thirty days of leaving the job that his or her work aggravated, worsened or will worsen the individual’s health problem.

(2) For the week in which he or she was discharged from his or her most recent work for misconduct and the six weeks immediately following that week; or for the week in which he or she was discharged from his or her last thirty-day employing unit for misconduct and the six weeks immediately following that week. The disqualification carries a reduction in the maximum benefit amount equal to six times the individual’s weekly benefit. However, if the claimant returns to work in covered employment for thirty days during his or her benefit year, whether or not the days are consecutive, the maximum benefit amount is increased by the amount of the decrease imposed under the disqualification; except that:

If he or she were discharged from his or her most recent work for one of the following reasons, or if he or she were discharged from his or her last thirty days employing unit for one of the following reasons: Gross misconduct consisting of willful destruction of his or her employer’s property; assault upon the person of his or her employer or any employee of his or her employer; if the assault is committed at the individual’s place of employment or in the course of employment; reporting to work in an intoxicated condition, or being intoxicated while at work; reporting to work under the influence of any controlled substance, as defined in chapter sixty-a of this code without a valid prescription, or being under the influence of any controlled substance, as defined in said chapter without a valid prescription, while at work; adulterating or otherwise manipulating a sample or specimen in order to thwart a drug or alcohol test lawfully required of an employee; refusal to submit to random testing for alcohol or illegal controlled substances for employees in safety sensitive positions as defined in section two, article one-d, chapter twenty-one of this code; arson, theft, larceny, fraud or embezzlement in connection with his or her work; or any other gross misconduct, he or she is disqualified for benefits until he or she has thereafter worked for at least thirty days in covered employment: Provided, That for the purpose of this subdivision, the words “any other gross misconduct” includes, but is not limited to, any act or acts of misconduct where the individual has received prior written warning that termination of employment may result from the act or acts.

(3) For the week in which he or she failed without good cause to apply for available, suitable work, accept suitable work when offered, or return to his or her customary self-employment when directed to do so by the commissioner, and for the four weeks which immediately follow for such additional period as any offer of suitable work shall continue open for his or her acceptance. The disqualification carries a reduction in the maximum benefit amount equal to four times the individual’s weekly benefit amount.

(4) For any week or portion thereof in which he or she did not work as a result of:

(a) A strike or other bona fide labor dispute which caused him or her to leave or lose his or her employment;

(b) A lockout is not a strike or a bona fide labor dispute and no individual may be denied benefits by reason of a lockout. However, the operation of a facility by non-striking employees of the company, contractors or other personnel is not a reason to grant employees of the company on strike unemployment compensation benefit payments.  If the operation of a facility is with workers hired to permanently replace the employees on strike, the employees would be eligible for benefits.

(c) For the purpose of this subsection, an individual shall be determined to leave or lose his or her employment by reason of a lockout where the individual employee has established that: (i) The individual presented himself or herself physically for work at the workplace on the first day of such lockout or on the first day he or she is able to present himself at the workplace or herself; and (ii) the employer denied the individual the opportunity to perform work.

(d) For purposes of this subsection, an individual is determined to be permanently replaced where the individual employee establishes that: (i) He or she is currently employed by an employer who is the subject of a strike or other bona fide labor dispute; and (ii) the position of the employee has been occupied by another employee who has been notified they are permanently replacing the employee who previously occupied the position. Employees or contractors who are hired to perform striking employees’ work on a temporary basis, such as the duration of a strike or other bona fide labor dispute, or a shorter period of time, may not be determined to have permanently replaced a striking employee.  

(5) For a week with respect to which he or she is receiving or has received:

(a) Wages in lieu of notice;

(b) Compensation for temporary total disability under the workers’ compensation law of any state or under a similar law of the United States; or

(c) Unemployment compensation benefits under the laws of the United States or any other state.

(6) For the week in which an individual has voluntarily quit employment to marry or to perform any marital, parental or family duty, or to attend to his or her personal business or affairs and until the individual returns to covered employment and has been employed in covered employment at least thirty working days: Provided, That an individual who has voluntarily quit employment to accompany a spouse serving in active military service who has been reassigned from one military assignment to another is not disqualified for benefits pursuant to this subdivision: Provided however, That the account of the employer of an individual who leaves the employment to accompany a spouse reassigned from one military assignment to another may not be charged.

(7) Benefits may not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences during the period between two successive sport seasons (or similar periods) if the individual performed the services in the first of the seasons (or similar periods) and there is a reasonable assurance that the individual will perform the services in the later of the seasons (or similar periods).

(8) (a) Benefits may not be paid on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services or was permanently residing in the United States under color of law at the time the services were performed (including an alien who is lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act): Provided, That any modifications to the provisions of Section 3304(a)(14) of the federal Unemployment Tax Act as provided by Public Law 94-566 which specify other conditions or other effective date than stated in this subdivision for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under state law as a condition for full tax credit against the tax imposed by the federal Unemployment Tax Act are applicable under the provisions of this section.

(b) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

(c) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his or her alien status may be made except upon a preponderance of the evidence.

(9) For each week in which an individual is unemployed because, having voluntarily left employment to attend a school, college, university or other educational institution, he or she is attending that school, college, university or other educational institution, or is awaiting entrance thereto or is awaiting the starting of a new term or session thereof, and until the individual returns to covered employment.

(10) For each week in which he or she is unemployed because of his or her request, or that of his or her duly authorized agent, for a vacation period at a specified time that would leave the employer no other alternative but to suspend operations.

(11) In the case of an individual who accepts an early retirement incentive package, unless he or she: (i) Establishes a well-grounded fear of imminent layoff supported by definitive objective facts involving fault on the part of the employer; and (ii) establishes that he or she would suffer a substantial loss by not accepting the early retirement incentive package.

(12) For each week with respect to which he or she is receiving or has received benefits under Title II of the Social Security Act or similar payments under any Act of Congress, or remuneration in the form of an annuity, pension or other retirement pay from a base period employer or chargeable employer or from any trust or fund contributed to by a base period employer or chargeable employer or any combination of the above, the weekly benefit amount payable to the individual for that week shall be reduced (but not below zero) by the prorated weekly amount of those benefits, payments or remuneration: Provided, That if the amount of benefits is not a multiple of $1, it shall be computed to the next lowest multiple of $1: Provided, however, That there is no disqualification if in the individual’s base period there are no wages which were paid by the base period employer or chargeable employer paying the remuneration, or by a fund into which the employer has paid during the base period: Provided further, That notwithstanding any other provision of this subdivision to the contrary, the weekly benefit amount payable to the individual for that week may not be reduced by any retirement benefits he or she is receiving or has received under Title II of the Social Security Act or similar payments under any Act of Congress. A claimant may be required to certify as to whether or not he or she is receiving or has been receiving remuneration in the form of an annuity, pension or other retirement pay from a base period employer or chargeable employer or from a trust fund contributed to by a base period employer or chargeable employer.

(13) For each week in which and for fifty-two weeks thereafter, beginning with the date of the decision, if the commissioner finds the individual who within twenty-four calendar months immediately preceding the decision, has made a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or payment under this article: Provided, That disqualification under this subdivision does not preclude prosecution under section seven, article ten of this chapter.

§21A-6-4. Individual not denied benefits by receiving vocational training.

Notwithstanding any other provision in this article, no individual shall be denied unemployment compensation benefits because of his receiving training as part of an area vocational program, or similar program, which has as its object the training of unemployed individuals in new occupational skills: Provided, That such individual's training and training institution are approved by the commissioner, and such individual produces evidence of his continued attendance and satisfactory progress at such training institution when requested to do so by the commissioner.

Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because he or she is in training approved under section 236(a)(1) of the Federal Trade Act of 1974, nor shall such individual be denied benefits by reason of leaving work to enter such training, if the work left is not suitable employment, or because of the application of the provisions of this chapter or any applicable federal unemployment compensation law relating to availability for work, active search for work or refusal to work to any such week in training.

For purposes of this section, the term "suitable employment" means with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment as defined for purposes of the Federal Trade Act of 1974 and wages for such work at not less than eighty percent of the individual's average weekly wage as determined for the purposes of the Federal Trade Act of 1974.

§21A-6-4a. National guard or reserve training not to be considered employment; such individual not unavailable for work; remuneration for training not to be deducted from unemployment compensation benefit.

Notwithstanding any other provision of this chapter to the contrary, the following provisions apply to an individual who is a member of the state National Guard or other reserve component of the United States Armed Forces:

(1) If such individual is otherwise unemployed under the provisions of this chapter, he may not be considered to be employed because he is engaged in inactive duty for training;

(2) Such individual may not be considered unavailable for work by reason of his inactive duty for training; and

(3) Remuneration which the individual receives for participating in inactive duty for training may not be deducted from the unemployment compensation benefit to which he is otherwise entitled.

§21A-6-5. Considerations in determining if work is suitable.

In determining whether work is suitable for an individual, the commissioner shall consider:

(1) The degree of risk involved to the individual's health, safety, and morals.

(2) The individual's physical fitness and prior training.

(3) His experience and prior earnings.

(4) His length of unemployment.

(5) His prospects of securing local work in his customary occupation.

 (6) The distance of the available work from his residence: Provided, however, That the distance from his new residence shall not be considered in determining suitable work if such distance from available work was created as the result of the individual voluntarily changing his residence to a locality other than that locality in which he resided at the time he voluntarily quit his last employment without good cause involving fault on the part of the employer.

§21A-6-6. New work not deemed suitable.

Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied to an individual, otherwise eligible, for refusing to accept new work under any of the following conditions:

(1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute.

(2) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

(3) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

§21A-6-7. When departments treated as separate establishments with respect to labor disputes.

In case separate branches of work commonly conducted as separate businesses are conducted in separate departments on the same premises, each department shall, for the purposes of subsection four, section three, be treated as a separate establishment.

§21A-6-8. Payment of benefits.

Benefits shall become payable from the fund twenty-four months after the first day when payments first accrue.

Benefits shall be payable only with respect to unemployment occurring after expiration of such twenty-four months.

§21A-6-9. Place of payment.

Benefits shall be paid through employment offices or, if the commissioner by rules so prescribes, through the Bureau of Employment Programs' offices, in accordance with such regulations as the commissioner shall prescribe.

§21A-6-10. Benefit rate -- Total unemployment; annual computation and publication of rates.

(a) Each eligible individual who is totally unemployed in any week shall be paid benefits with respect to that week at the weekly rate appearing in Column (C) in the benefit table in this section, on the line on which in Column (A) there is indicated the employee's wage class, except as otherwise provided under the term "total and partial unemployment" in section twenty-seven, article one-a of this chapter. The employee's wage class shall be determined by his or her base period wages as shown in Column (B) in the benefit table. The right of an employee to receive benefits shall not be prejudiced nor the amount thereof be diminished by reason of failure by an employer to pay either the wages earned by the employee or the contribution due on such wages. An individual who is totally unemployed but earns in excess of $60 as a result of odd job or subsidiary work, or is paid a bonus in any benefit week shall be paid benefits for such week in accordance with the provisions of this chapter pertaining to benefits for partial unemployment.

(b) (1) The maximum benefit for each wage class shall be equal to twenty-six times the weekly benefit rate.

(2) The maximum benefit rate shall be sixty-six and two-thirds percent of the average weekly wage in West Virginia.

(c) On July 1 of each year, the commissioner shall determine the maximum weekly benefit rate upon the basis of the formula set forth above and shall establish wage classes as are required, increasing or decreasing the amount of the base period wages required for each wage class by $150, establishing the weekly benefit rate for each wage class by rounded dollar amount to be fifty-five percent of one fifty-second of the median dollar amount of wages in the base period for such wage class and establishing the maximum benefit for each wage class as an amount equal to twenty-six times the weekly benefit rate: Provided, That the commissioner shall not increase or decrease the maximum weekly benefit rate for the period beginning on the effective date of the amendment and reenactment of this section in the regular session of the Legislature in 2009 until the threshold wage is reduced to $9,000, as required by subsection (d), section twenty-eight, article one-a of this chapter. The maximum weekly benefit rate, when computed by the commissioner, in accordance with the foregoing provisions, shall be rounded to the next lowest multiple of $1.

(d) After he or she has established such wage classes, the commissioner shall prepare and publish a table setting forth such information.

(e) Average weekly wage shall be computed by dividing the number of employees in West Virginia earning wages in covered employment into the total wages paid to employees in West Virginia in covered employment, and by further dividing said result by fifty-two, and shall be determined from employer wage and contribution reports for the previous calendar year which are furnished to the department on or before June 1 following such calendar year. The average weekly wage, as determined by the commissioner, shall be rounded to the next higher dollar.

(f) The computation and determination of rates as aforesaid shall be completed annually before July 1 and any such new wage class, with its corresponding wages in base period, weekly benefit rate and maximum benefit in a benefit year established by the commissioner in the foregoing manner effective on July 1 shall apply only to a new claim established by a claimant on and after July 1, and does not apply to continued claims of a claimant based on his or her new claim established before said July 1.

BENEFIT TABLE

A WAGE

B

WAGES IN

C

WEEKLY

MAXIMUM

CLASS

BASE PERIOD

BENEFIT RATE

BENEFIT RATE

    Under       $ 2,200.00

Ineligible

1

$

2,200.00

-

2,359.99

24.00

624.00

2

2,350.00

-

2,499.99

25.00

650.00

3

2,500.00

-

2,649.99

27.00

702.00

4

2,650.00

-

2,799.99

28.00

728.00

5

2,800.00

-

2,949.99

30.00

780.00

6

2,950.00

-

3,099.99

31.00

806.00

7

3,100.00

-

3,249.99

33.00

858.00

8

3,250.00

-

3,399.99

35.00

910.00

9

3,400.00

-

3,549.99

36.00

936.00

10

3,550.00

-

3,699.99

38.00

988.00

11

3,700.00

-

3,849.99

39.00

1,014.00

12

3,850.00

-

3,999.99

41.00

1,066.00

13

4,000.00

-

4,149.99

43.00

1,118.00

14

4,150.00

-

4,299.99

44.00

1,144.00

15

4,300.00

-

4,449.99

46.00

1,196.00

16

4,450.00

-

4,599.99

47.00

1,222.00

17

4,600.00

-

4,749.99

49.00

1,274.00

18

4,750.00

-

4,899.99

51.00

1,326.00

19

4,900.00

-

5,049.99

52.00

1,352.00

20

5,050.00

-

5,199.99

54.00

1,404.00

21

5,200.00

  -

5,349.99

55.00

1,430.00

22

5,350.00

  -

5,499.99

57.00

1,482.00

23

5,500.00

-

5,649.99

58.00

1,508.00

24

5,650.00

-

5,799.99

60.00

1,560.00

25

5,800.00

-

5,949.99

62.00

1,612.00

26

5,950.00

-

6,099.99

63.00

1,638.00

27

6,100.00

-

6,249.99

65.00

1,690.00

28

6,250.00

-

6,399.99

66.00

1,716.00

29

6,400.00

-

6,549.99

68.00

1,768.00

30

6,550.00

-

6,699.99

70.00

1,820.00

31

6,700.00

-

6,849.99

71.00

1,846.00

32

6,850.00

-

6,999.99

73.00

1,898.00

33

7,000.00

-

7,149.99

74.00

1,924.00

34

7,150.00

-

7,299.99

76.00

1,976.00

35

7,300.00

-

7,449.99

78.00

2,028.00

36

7,450.00

-

7,599.99

79.00

2,054.00

37

7,600.00

-

7,749.99

81.00

2,106.00

38

7,750.00

-

7,899.99

82.00

2,132.00

39

7,900.00

-

8,049.99

84.00

2,184.00

40

8,050.00

-

8,199.99

85.00

2,210.00

41

8,200.00

-

8,349.99

87.00

2,262.00

42

8,350.00

-

8,499.99

89.00

2,314.00

43

8,500.00

-

8,649.99

90.00

2,340.00

44

8,650.00

-

8,799.99

92.00

2,392.00

45

8,800.00

-

8,949.99

93.00

2,418.00

46

8,950.00

-

9,099.99

95.00

2,470.00

47

9,100.00

-

9,249.99

97.00

2,522.00

48

9,250.00

-

9,399.99

98.00

2,548.00

49

9,400.00

-

9,549.99

100.00

2,600.00

50

9,550.00

-

9,699.99

101.00

2,626.00

51

9,700.00

-

9,849.99

103.00

2,678.00

52

9,850.00

-

9,999.99

104.00

2,704.00

53

10,000.00

-

10,149.99

106.00

2,756.00

54

10,150.00

-

10,299.99

108.00

2,808.00

55

10,300.00

-

10,449.99

109.00

2,834.00

56

10,450.00

-

10,599.99

111.00

2,886.00

57

10,600.00

-

10,749.99

112.00

2,912.00

58

10,750.00

-

10,899.99

114.00

2,964.00

59

10,900.00

-

11,049.99

116.00

3,016.00

60

11,050.00

-

11,199.99

117.00

3,042.00

61

11,200.00

-

11,349.99

119.00

3,094.00

62

11,350.00

-

11,499.99

120.00

3,120.00

63

11,500.00

-

11,649.99

122.00

3,172.00

64

11,650.00

-

11,799.99

124.00

3,224.00

65

11,800.00

-

11,949.99

125.00

3,250.00

66

11,950.00

-

12,099.99

127.00

3,302.00

67

12,100.00

-

12,249.99

128.00

3,328.00

68

12,250.00

-

12,399.99

130.00

3,380.00

69

12,400.00

-

12,549.99

131.00

3,406.00

70

12,550.00

-

12,699.99

133.00

3,458.00

71

12,700.00

-

12,849.99

135.00

3,510.00

72

12,850.00

-

12,999.99

136.00

3,536.00

73

13,000.00

-

13,149.99

138.00

3,588.00

74

13,150.00

-

13,299.99

139.00

3,614.00

75

13,300.00

-

13,449.99

141.00

3,666.00

76

13,450.00

-

13,599.99

143.00

3,718.00

77

13,600.00

-

13,749.99

144.00

3,744.00

78

13,750.00

-

13,899.99

146.00

3,796.00

79

13,900.00

-

14,049.99

147.00

3,822.00

80

14,050.00

-

14,199.99

149.00

3,874.00

81

14,200.00

-

14,349.99

150.00

3,900.00

82

14,350.00

-

14,499.99

152.00

3,952.00

83

14,500.00

-

14,649.99

154.00

4,004.00

84

14,650.00

-

14,799.99

155.00

4,030.00

85

14,800.00

-

14,949.99

157.00

4,082.00

86

14,950.00

-

15,099.99

158.00

4,108.00

87

15,100.00

-

15,249.99

160.00

4,160.00

88

15,250.00

-

15,399.99

162.00

4,212.00

89

15,400.00

-

15,549.99

163.00

4,238.00

90

15,550.00

-

15,699.99

165.00

4,290.00

91

15,700.00

-

15,849.99

166.00

4,316.00

92

15,850.00

-

15,999.99

168.00

4,368.00

93

16,000.00

-

16,149.99

170.00

4,420.00

94

16,150.00

-

16,299.99

171.00

4,446.00

95

16,300.00

-

16,449.99

173.00

4,498.00

96

16,450.00

-

16,599.99

174.00

4,524.00

97

16,600.00

-

16,749.99

176.00

4,576.00

98

16,750.00

-

16,899.99

177.00

4,602.00

99

16,900.00

-

17,049.99

179.00

4,654.00

100

17,050.00

-

17,199.99

181.00

4,706.00

101

17,200.00

-

17,349.99

182.00

4,732.00

102

17,350.00

-

17,499.99

184.00

4,784.00

103

17,500.00

-

17,649.99

185.00

4,810.00

104

17,650.00

-

17,799.99

187.00

4,862.00

105

17,800.00

-

17,949.99

189.00

4,914.00

106

17,950.00

-

18,099.99

190.00

4,940.00

107

18,100.00

-

18,249.99

192.00

4,992.00

108

18,250.00

-

18,399.99

193.00

5,018.00

109

18,400.00

-

18,549.99

195.00

5,070.00

110

18,550.00

-

18,699.99

196.00

5,096.00

111

18,700.00

-

18,849.99

198.00

5,148.00

112

18,850.00

-

18,999.99

200.00

5,200.00

113

19,000.00

-

19,149.99

201.00

5,226.00

114

19,150.00

-

19,299.99

203.00

5,278.00

115

19,300.00

-

19,449.99

204.00

5,304.00

116

19,450.00

-

19,599.99

206.00

5,356.00

117

19,600.00

-

19,749.99

208.00

5,408.00

118

19,750.00

-

19,899.99

209.00

5,434.00

119

19,900.00

-

20,049.99

211.00

5,486.00

120

20,050.00

-

20,199.99

212.00

5,512.00

121

20,200.00

-

20,349.99

214.00

5,564.00

122

20,350.00

-

20,499.99

216.00

5,616.00

123

20,500.00

-

20,649.99

217.00

5,642.00

124

20,650.00

-

20,799.99

219.00

5,694.00

125

20,800.00

-

20,949.99

220.00

5,720.00

126

20,950.00

-

21,099.99

222.00

5,772.00

127

21,100.00

-

21,249.99

223.00

5,798.00

128

21,250.00

-

21,399.99

225.00

5,850.00

129

21,400.00

-

21,549.99

227.00

5,902.00

130

21,550.00

-

21,699.99

228.00

5,928.00

131

21,700.00

-

21,849.99

230.00

5,980.00

132

21,850.00

-

21,999.99

231.00

6,006.00

133

22,000.00

-

22,149.99

233.00

6,058.00

134

22,150.00

-

22,299.99

235.00

6,110.00

135

22,300.00

-

22,449.99

236.00

6,136.00

136

22,450.00

-

22,599.99

238.00

6,188.00

137

22,600.00

-

22,749.99

239.00

6,214.00

138

22,750.00

-

22,899.99

241.00

6,266.00

139

22,900.00

-

23,049.99

243.00

6,318.00

140

23,050.00

-

23,199.99

244.00

6,344.00

141

23,200.00

-

23,349.99

246.00

6,396.00

142

23,350.00

-

23,499.99

247.00

6,422.00

143

23,500.00

-

23,649.99

249.00

6,474.00

144

23,650.00

-

23,799.99

250.00

6,500.00

145

23,800.00

-

23,949.99

252.00

6,552.00

146

23,950.00

-

24,099.99

254.00

6,604.00

147

24,100.00

-

24,249.99

255.00

6,630.00

148

24,250.00

-

24,399.99

257.00

6,682.00

149

24,400.00

-

24,549.99

258.00

6,708.00

150

24,550.00

-

24,699.99

260.00

6,760.00

151

24,700.00

-

24,849.99

262.00

6,812.00

152

24,850.00

-

24,999.99

263.00

6,838.00

153

25,000.00

-

25,149.99

265.00

6,890.00

154

25,150.00

-

25,299.99

266.00

6,916.00

155

25,300.00

-

25,449.99

268.00

6,968.00

156

25,450.00

-

25,599.99

269.00

6,994.00

157

25,600.00

-

25,749.99

271.00

7,046.00

158

25,750.00

-

25,899.99

273.00

7,098.00

159

25,900.00

-

26,049.99

274.00

7,124.00

160

26,050.00

-

26,199.99

276.00

7,176.00

161

26,200.00

-

26,349.99

277.00

7,202.00

162

26,350.00

-

26,499.99

279.00

7,254.00

163

26,500.00

-

26,649.99

281.00

7,306.00

164

26,650.00

-

26,799.99

282.00

7,332.00

165

26,800.00

-

26,949.99

284.00

7,384.00

166

26,950.00

-

27,099.99

285.00

7,410.00

167

27,100.00

-

27,249.99

287.00

7,462.00

168

27,250.00

-

27,399.99

289.00

7,514.00

169

27,400.00

-

27,549.99

290.00

7,540.00

170

27,550.00

-

27,699.99

292.00

7,592.00

171

27,700.00

-

27,849.99

293.00

7,618.00

172

27,850.00

-

27,999.99

295.00

7,670.00

173

28,000.00

-

28,149.99

296.00

7,696.00

174

28,150.00

-

28,299.99

298.00

7,748.00

175

28,300.00

-

28,449.99

300.00

7,800.00

176

28,450.00

-

28,599.99

301.00

7,826.00

177

28,600.00

-

28,749.99

303.00

7,878.00

178

28,750.00

-

28,899.99

304.00

7,904.00

179

28,900.00

-

29,049.99

306.00

7,956.00

180

29,050.00

-

29,199.99

308.00

8,008.00

181

29,200.00

-

29,349.99

309.00

8,034.00

182

29,350.00

-

29,499.99

311.00

8,086.00

183

29,500.00

-

29,649.99

312.00

8,112.00

184

29,650.00

-

29,799.99

314.00

8,164.00

185

29,800.00

-

29,949.99

315.00

8,190.00

186

29,950.00

-

30,099.99

317.00

8,242.00

187

30,100.00

-

30,249.99

319.00

8,294.00

188

30,250.00

-

30,399.99

320.00

8,320.00

189

30,400.00

-

30,549.99

322.00

8,372.00

190

30,550.00

-

30,699.99

323.00

8,398.00

191

30,700.00

-

30,849.99

325.00

8,450.00

192

30,850.00

-

30,999.99

327.00

8,502.00

193

31,000.00

-

31,149.99

328.00

8,528.00

194

31,150.00

-

31,299.99

330.00

8,580.00

195

31,300.00

-

31,449.99

331.00

8,606.00

196

31,450.00

-

31,599.99

333.00

8,658.00

197

31,600.00

-

31,749.99

335.00

8,710.00

198

31,750.00

-

31,899.99

336.00

8,736.00

199

31,900.00

-

32,049.99

338.00

8,788.00

200

32,050.00

-

32,199.99

339.00

8,814.00

201

32,200.00

-

32,349.99

341.00

8,866.00

202

32,350.00

-

32,499.99

342.00

8,892.00

203

32,500.00

-

32,649.99

344.00

8,944.00

204

32,650.00

-

32,799.99

346.00

8,996.00

205

32,800.00

-

32,949.99

347.00

9,022.00

206

32,950.00

-

33,099.99

349.00

9,074.00

207

33,100.00

-

33,249.99

350.00

9,100.00

208

33,250.00

-

33,399.99

352.00

9,152.00

209

33,400.00

-

33,549.99

354.00

9,204.00

210

33,550.00

-

33,699.99

355.00

9,230.00

211

33,700.00

-

33,849.99

357.00

9,282.00

212

33,850.00

-

33,999.99

358.00

9,308.00

213

34,000.00

-

34,149.99

360.00

9,360.00

214

34,150.00

-

34,299.99

361.00

9,386.00

215

34,300.00

-

34,449.99

363.00

9,438.00

216

34,450.00

-

34,599.99

365.00

9,490.00

217

34,600.00

-

34,749.99

366.00

9,516.00

218

34,750.00

-

34,899.99

368.00

9,568.00

219

34,900.00

-

35,049.99

369.00

9,594.00

220

35,050.00

-

35,199.99

371.00

9,646.00

221

35,200.00

-

35,349.99

373.00

9,698.00

222

35,350.00

-

35,499.99

374.00

9,724.00

223

35,500.00

-

35,649.99

376.00

9,776.00

224

35,650.00

-

35,799.99

377.00

9,802.00

225

35,800.00

-

35,949.99

379.00

9,854.00

226

35,950.00

-

36,999.99

381.00

9,906.00

227

36,100.00

-

36,249.99

382.00

9,932.00

228

36,250.00

-

36,399.99

384.00

9,984.00

229

36,400.00

-

36,549.99

385.00

10,010.00

230

36,550.00

-

36,699.99

387.00

10,062.00

231

36,700.00

-

36,849.99

388.00

10,088.00

232

36,850.00

-

36,999.99

390.00

10,140.00

233

37,000.00

-

37,149.99

392.00

10,192.00

234

37,150.00

-

37,299.99

393.00

10,218.00

235

37,300.00

-

37,449.99

395.00

10,270.00

236

37,450.00

-

37,599.99

396.00

10,296.00

237

37,600.00

-

37,749.99

398.00

10,348.00

238

37,750.00

-

37,899.99

400.00

10,400.00

239

37,900.00

-

38,049.99

401.00

10,426.00

240

38,050.00

-

38,199.99

403.00

10,478.00

241

38,200.00

-

38,349.99

404.00

10,504.00

242

38,350.00

-

38,499.99

406.00

10,556.00

243

38,500.00

-

38,649.99

408.00

10,608.00

244

38,650.00

-

38,799.99

409.00

10,634.00

245

38,800.00

-

38,949.99

411.00

10,686.00

246

38,950.00

-

39,099.99

412.00

10,712.00

247

39,100.00

-

39,249.99

414.00

10,764.00

248

39,250.00

-

39,399.99

415.00

10,790.00

249

39,400.00

-

39,549.99

417.00

10,842.00

250

39,550.00

-

39,699.99

419.00

10,894.00

251

39,700.00

-

39,849.99

420.00

10,920.00

252

39,850.00

-

39,999.99

422.00

10,972.00

253

40,000.00

-

40,149.99

423.00

10,998.00

254

40,150.00

-

and above

424.00

11,024.00

§21A-6-11. Benefit rate -- Partial unemployment.

An eligible individual who is partially unemployed in any week shall, upon claim therefor filed within such time and in such manner as the commissioner may by regulation prescribe, be paid benefits for such partial unemployment in an amount equal to his weekly benefit rate, as determined in accordance with section ten of this article, less that part of wages from any source payable or bonus paid to him with respect to such week which is in excess of $60: Provided, That such amount of benefits if not a multiple of $1 shall be computed to the next lowest multiple of $1. Such partial benefits shall be paid to such individual for the week for which he is claiming benefits without regard to the provisions of subdivision (1), section one of this article.

§21A-6-12. Suspension of partial benefit rights.

If at any time the unemployment compensation fund, including the trust fund, clearing account and benefit account, and excluding therefrom an amount, estimated by the commissioner, equal to the sum of the benefit liabilities then accrued and unpaid, shall fall below the sum of $5 million, the commissioner, with the concurrence of a majority of the advisory council, and with the consent and approval of the Governor, may suspend the right to receive benefit for periods of partial unemployment not then completed, and no right to benefit for periods of partial unemployment completed or occurring during the period of such suspension shall then or thereafter accrue. At any time subsequent to such suspension the commissioner, with the concurrence of a majority of the advisory council, and with the consent and approval of the Governor, may rescind, and whenever the unemployment compensation fund, including the trust fund, clearing account and benefit account, and excluding therefrom an amount, estimated by the commissioner, equal to the sum of the benefit liabilities then accrued and unpaid, reaches the sum of $10 million, the commissioner shall rescind such suspension as to periods of partial unemployment not then completed.

§21A-6-13. Computation of wage credits; determination of maximum benefits.

The commissioner shall compute wage credits for each individual by crediting him with the wages paid to him for employment by employers during his base period. The maximum total amount of benefits payable to any eligible individual during any benefit year shall not exceed the amount appearing in column (D) on line indicating individual's wage class, of Table A, in this article hereinabove contained.

§21A-6-14. Payment of benefits upon decease of claimant.

Accrued benefits due and unpaid on claims filed prior to decease of a claimant may, in the discretion of the commissioner, be paid, without letters of administration, to the surviving spouse, children, or parents of the deceased, in the order of priority enumerated.

§21A-6-15. Benefit payments for service with nonprofit organizations, state hospitals, institutions of higher education, educational institutions and governmental entities.

(a) Benefits based on service in employment as defined in subdivisions (9) and (10), section sixteen, article one-a of this chapter, are payable in the same amount, on the same terms and subject to the same conditions as compensation payable on the basis of other service subject to this chapter; except that benefits based on service in an instructional, research or principal administrative capacity in an institution of higher education shall not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or contracts to perform services, in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.

(b) Benefits based on service in employment defined in subdivisions (9) and (10), section sixteen, article one-a of this chapter, are payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter, except that:

(1) With respect to services in an instructional, research or principal administrative capacity for an educational institution, benefits shall not be paid based on such services for any week commencing during the period between two successive academic years or terms, or during a similar period between two regular but not successive terms, or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if such individual performs such services in the first of such academic years or terms and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms or after such holiday or vacation period.

(2) With respect to services in any other capacity for an educational institution, benefits shall not be paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms, except that if compensation is denied to any individual under this subsection and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual is entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this clause.

(3) With respect to services described in subdivisions (1) and (2) of this subsection, benefits shall not be paid to any individual for any week which commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.

(4) Benefits payable on the basis of services in any such capacities as specified in subdivisions (1) and (2) of this subsection shall be denied as specified in subdivisions (1), (2) and (3) of this subsection to any individual who performed such services in an educational institution while in the employ of an educational service agency. For purposes of this subdivision the term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

§21A-6-16. Child support intercept of unemployment benefits.

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not the individual owes child support obligations as hereafter defined under subsection (g) of this section. If any such individual discloses that he or she owes child support obligations and is determined to be eligible for unemployment compensation, the commissioner shall notify the child support enforcement division of the Department of Health and Human Resources that the individual has been determined to be eligible for unemployment compensation.

(b) The commissioner shall deduct and withhold from any unemployment compensation payable to an individual that owes such child support obligations as defined under subsection (g) of this section:

(1) The amount specified by the individual to the commissioner to be deducted and withheld under this subsection, if neither subdivision (2) nor subdivision (3) is applicable;

(2) The amount, if any, determined pursuant to an agreement submitted to the commissioner under section 454 (19)(B)(i) of the Social Security Act, (B)(i), by the Department of Health and Human Resources, unless subdivision (3) is applicable; or

(3) Any amount otherwise required to be deducted and withheld from such unemployment compensation pursuant to legal process, as that term is defined in section 459 (i)(5) of the Social Security Act, as codified in 42 U.S.C. §659 (i)(5), properly served upon the commissioner.

(c) Any amount deducted and withheld under subsection (b) of this section shall be paid by the commissioner to the child support enforcement division of the Department of Health and Human Resources.

(d) Any amount deducted and withheld under subsection (b) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the child support enforcement division of the Department of Health and Human Resources in satisfaction of the individual's child support obligations.

(e) For purposes of subsections (a) through (d) of this section, the term "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

(f) This section applies only if appropriate arrangements have been made for reimbursement by the child support enforcement division of the Department of Health and Human Resources for the administrative costs incurred by the commissioner under this section which are attributable to child support obligations being enforced by the state or local child support enforcement agency.

(g) The term "child support obligations" means, for purposes of these provisions, only obligations which are being enforced pursuant to a plan described in section 454 of the Social Security Act, as codified in 42 U.S.C. §654, which has been approved by the secretary of health and human services under Part D of Title IV of the Social Security Act, as codified in 42 U.S.C. §§651 through 669b.

§21A-6-17. Food stamp overissuance intercept of unemployment benefits.

(a) Notwithstanding the provisions of section two, article ten of this chapter, the commissioner shall deduct and withhold from any unemployment compensation payable to an individual that owes an uncollected overissuance of food stamp coupons, as defined under subsection (f) of this section:

(1) The amount, if any, determined pursuant to a written agreement between the individual and the Department of Health and Human Resources under Section 13(c)(3)(A) of the Food Stamp Act of 1977, as codified in 7 U.S.C. 2022(c)(3)(A), and submitted to the commissioner; or

(2) Any amount otherwise required to be deducted and withheld from such unemployment compensation pursuant to legal process, as that term is used in Section 13(c)(3)(B) of the Food Stamp Act of 1977, as codified in 7 U.S.C. 2022(c)(3)(B) properly served upon the commissioner.

(b) Any amount deducted and withheld under subsection (a) of this section shall be paid by the commissioner to the Department of Health and Human Resources.

(c) Any amount deducted and withheld under subsection (a) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the Department of Health and Human Resources in satisfaction of the individual's uncollected overissuance.

(d) For purposes of this section, the term "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

(e) This section applies only if appropriate arrangements have been made for reimbursement by the Department of Health and Human Resources for the administrative costs incurred by the commissioner under this section which are attributable to uncollected overissuance being enforced by the state or Department of Health and Human Resources.

(f) The term "uncollected overissuance" means, for purposes of this section, obligations which are being enforced pursuant to a plan described in Section 13(c)(1) of the Food Stamp Act of 1977, as codified in 7 U.S.C. 2022(c)(1).

Note: WV Code updated with legislation passed through the 2017 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


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