COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 377
(By Senators Burdette, Mr. President and Boley,
By Request of the Executive)
____________
[Originating in the Committee on the Judiciary;
reported March 2, 1994.]
____________
A BILL to amend and reenact section three, article one, chapter
twenty-one-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact
sections ten and ten-b, article five of said chapter; to
amend and reenact sections one, ten and eleven, article six
of said chapter; and to amend and reenact section four,
article seven of said chapter, all relating to unemployment
compensation; definitions; permissible earnings; surtax on
foreign construction employers; transfers of businesses;
contribution rates; eligibility requirements; updating
benefit tables; and notice of hearings.
Be it enacted by the Legislature of West Virginia:
That section three, article one, chapter twenty-one-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that sections ten and ten-b,
article five of said chapter be amended and reenacted; thatsections one, ten and eleven, article six of said chapter be
amended and reenacted; that section four, article seven of said
chapter be amended and reenacted, all to read as follows:
ARTICLE 1. UNEMPLOYMENT COMPENSATION.
§21A-1-3. Definitions.
As used in this chapter, unless the context clearly requires
otherwise:
"Administration fund" means the employment security
administration fund, from which the administrative expenses under
this chapter shall be paid.
"Annual payroll" means the total amount of wages for
employment paid by an employer during a twelve-month period
ending with the thirtieth day of June of any calendar year.
"Average annual payroll" means the average of the last three
annual payrolls of an employer.
"Base period" means the first four out of the last five
completed calendar quarters immediately preceding the first day
of the individual benefit year.
"Base period employer" means any employer who in the base
period for any benefit year paid wages to an individual who filed
claim for unemployment compensation within such benefit year.
"Base period wages" means wages paid to an individual during
the base period by all his base period employers.
"Benefit year" with respect to an individual means the
fifty-two-week period beginning with the first day of the
calendar week in which a valid claim is effective, and thereafter
the fifty-two-week period beginning with the first day of the
calendar week in which such individual next files a valid claimfor benefits after the termination of his last preceding benefit
year; however, if a claim is effective on the first day of a
quarter, the benefit year will be fifty-three weeks, in order to
prevent an overlapping of the base period wages. An initial
claim for benefits filed in accordance with the provisions of
this chapter shall be considered to be a valid claim within the
purposes of this definition if the individual has been paid wages
in his base period sufficient to make him eligible for benefits
under the provisions of this chapter.
"Benefits" means the money payable to an individual with
respect to his unemployment.
"Board" means board of review.
"Calendar quarter" means the period of three consecutive
calendar months ending on the thirty-first day of March, the
thirtieth day of June, the thirtieth day of September, the
thirty-first day of December or the equivalent thereof as the
commissioner may by regulation prescribe.
"Commissioner" means the bureau of employment programs'
commissioner.
"Computation date" means the thirtieth day of June the year
immediately preceding the first day of January on which an
employer's contribution rate becomes effective.
"Employing unit" means an individual, or type of
organization, including any partnership, association, trust,
estate, joint-stock company, insurance company, corporation
(domestic or foreign), state or political subdivision thereof, or
their instrumentalities, as provided in paragraph (b),
subdivision (9) of the definition of "employment" in thissection, institution of higher education, or the receiver,
trustee in bankruptcy, trustee or successor thereof, or the legal
representative of a deceased person, which has on the first day
of January, one thousand nine hundred thirty-five, or subsequent
thereto, had in its employ one or more individuals performing
service within this state.
"Employer" means:
(1) Until the first day of January, one thousand nine
hundred seventy-two, any employing unit which for some portion of
a day, not necessarily simultaneously, in each of twenty
different calendar weeks, which weeks need not be consecutive,
within either the current calendar year, or the preceding
calendar year, has had in employment four or more individuals
irrespective of whether the same individuals were or were not
employed on each of such days;
(2) Any employing unit which is or becomes a liable employer
under any federal unemployment tax act;
(3) Any employing unit which has acquired or acquires the
organization, trade or business, or substantially all the assets
thereof, of an employing unit which at the time of such
acquisition was an employer subject to this chapter;
(4) Any employing unit which, after the thirty-first day of
December, one thousand nine hundred sixty-three, and until the
first day of January, one thousand nine hundred seventy-two, in
any one calendar quarter, in any calendar year, has in employment
four or more individuals and has paid wages for employment in the
total sum of five thousand dollars or more, or which, after such
date, has paid wages for employment in any calendar year in thesum total of twenty thousand dollars or more;
(5) Any employing unit which, after the thirty-first day of
December, one thousand nine hundred sixty-three, and until the
first day of January, one thousand nine hundred seventy-two, in
any three-week period, in any calendar year, has in employment
ten or more individuals;
(6) For the effective period of its election pursuant to
section three, article five of this chapter, any employing unit
which has elected to become subject to this chapter;
(7) Any employing unit which, after the thirty-first day of
December, one thousand nine hundred seventy-one: (i) In any
calendar quarter in either the current or preceding calendar year
paid for service in employment wages of one thousand five hundred
dollars or more; or (ii) for some portion of a day in each of
twenty different calendar weeks, whether or not such weeks were
consecutive, in either the current or the preceding calendar year
had in employment at least one individual (irrespective of
whether the same individual was in employment in each such day)
except as provided in subdivisions (11) and (12) hereof;
(8) Any employing unit for which service in employment, as
defined in subdivision (9) of the definition of "employment" in
this section, is performed after the thirty-first day of
December, one thousand nine hundred seventy-one;
(9) Any employing unit for which service in employment, as
defined in subdivision (10) of the definition of "employment" in
this section, is performed after the thirty-first day of
December, one thousand nine hundred seventy-one;
(10) Any employing unit for which service in employment, asdefined in paragraphs (b) and (c), subdivision (9) of the
definition of "employment" in this section, is performed after
the thirty-first day of December, one thousand nine hundred
seventy-seven;
(11) Any employing unit for which agricultural labor, as
defined in subdivision (12) of the definition of "employment" in
this section, is performed after the thirty-first day of
December, one thousand nine hundred seventy-seven; or
(12) Any employing unit for which domestic service in
employment, as defined in subdivision (13) of the definition of
"employment" in this section, is performed after the thirty-first
day of December, one thousand nine hundred seventy-seven.
"Employment", subject to the other provisions of this
section, means:
(1) Service, including service in interstate commerce,
performed for wages or under any contract of hire, written or
oral, express or implied;
(2) Any service performed prior to the first day of January,
one thousand nine hundred seventy-two, which was employment as
defined in this section prior to such date and, subject to the
other provisions of this section, service performed after the
thirty-first day of December, one thousand nine hundred seventy-
one, by an employee, as defined in Section 3306(i) of the federal
Unemployment Tax Act, including service in interstate commerce;
(3) Any service performed prior to the first day of January,
one thousand nine hundred seventy-two, which was employment as
defined in this section prior to such date and, subject to the
other provisions of this section, service performed after thethirty-first day of December, one thousand nine hundred seventy-
one, including service in interstate commerce, by any officer of
a corporation;
(4) An individual's entire service, performed within or both
within and without this state if: (a) The service is localized
in this state; or (b) the service is not localized in any state
but some of the service is performed in this state and: (i) The
base of operations, or, if there is no base of operations, then
the place from which such service is directed or controlled, is
in this state; or (ii) the base of operations or place from which
such service is directed or controlled is not in any state in
which some part of the service is performed but the individual's
residence is in this state;
(5) Service not covered under paragraph (4) of this
subdivision and performed entirely without this state with
respect to no part of which contributions are required and paid
under an unemployment compensation law of any other state or of
the federal government, is employment subject to this chapter if
the individual performing such services is a resident of this
state and the commissioner approves the election of the employing
unit for whom such services are performed that the entire service
of such individual is employment subject to this chapter;
(6) Service is localized within a state, if: (a) The
service is performed entirely within such state; or (b) the
service is performed both within and without such state, but the
service performed without such state is incidental to the
individual's service within this state, as, for example, is
temporary or transitory in nature or consists of isolatedtransactions;
(7) Services performed by an individual for wages are
employment subject to this chapter unless and until it is shown
to the satisfaction of the commissioner that: (a) Such
individual has been and will continue to be free from control or
direction over the performance of such services, both under his
contract of service and in fact; and (b) such service is either
outside the usual course of the business for which such service
is performed or that such service is performed outside of all the
places of business of the enterprise for which such service is
performed; and (c) such individual is customarily engaged in an
independently established trade, occupation, profession or
business;
(8) All service performed by an officer or member of the
crew of an American vessel (as defined in Section 305 of an act
of Congress entitled Social Security Act Amendment of 1946,
approved the tenth day of August, one thousand nine hundred
forty-six), on or in connection with such vessel, provided that
the operating office, from which the operations of such vessel
operating on navigable waters within and without the United
States is ordinarily and regularly supervised, managed, directed
and controlled, is within this state;
(9) (a) Service performed after the thirty-first day of
December, one thousand nine hundred seventy-one, by an individual
in the employ of this state or any of its instrumentalities (or
in the employ of this state and one or more other states or their
instrumentalities) for a hospital or institution of higher
education located in this state:
Provided, That such service isexcluded from "employment" as defined in the federal Unemployment
Tax Act solely by reason of Section 3306(c)(7) of that act and is
not excluded from "employment" under subdivision (11) of the
exclusion from employment in this section;
(b) Service performed after the thirty-first day of
December, one thousand nine hundred seventy-seven, in the employ
of this state or any of its instrumentalities or political
subdivisions thereof or any of its instrumentalities or any
instrumentality of more than one of the foregoing or any
instrumentality of any foregoing and one or more other states or
political subdivisions:
Provided, That such service is excluded
from "employment" as defined in the federal Unemployment Tax Act
by Section 3306(c)(7) of that act and is not excluded from
"employment" under subdivision (15) of the exclusion from
employment in this section; and
(c) Service performed after the thirty-first day of
December, one thousand nine hundred seventy-seven, in the employ
of a nonprofit educational institution which is not an
institution of higher education;
(10) Service performed after the thirty-first day of
December, one thousand nine hundred seventy-one, by an individual
in the employ of a religious, charitable, educational or other
organization but only if the following conditions are met:
(a) The service is excluded from "employment" as defined in
the federal Unemployment Tax Act solely by reason of Section
3306(c)(8) of that act; and
(b) The organization had four or more individuals in
employment for some portion of a day in each of twenty differentweeks, whether or not such weeks were consecutive, within either
the current or preceding calendar year, regardless of whether
they were employed at the same moment of time;
(11) Service of an individual who is a citizen of the United
States, performed outside the United States after the thirty-
first day of December, one thousand nine hundred seventy-one
(except in Canada and in the case of Virgin Islands after the
thirty-first day of December, one thousand nine hundred seventy-
one, and before the first day of January, the year following the
year in which the secretary of labor approves for the first time
an unemployment insurance law submitted to him by the Virgin
Islands for approval) in the employ of an American employer
(other than service which is considered "employment" under the
provisions of subdivision (4), (5) or (6) of this definition of
"employment" or the parallel provisions of another state's law)
if:
(a) The employer's principal place of business in the United
States is located in this state; or
(b) The employer has no place of business in the United
States, but: (i) The employer is an individual who is a resident
of this state; or (ii) the employer is a corporation which is
organized under the laws of this state; or (iii) the employer is
a partnership or a trust and the number of the partners or
trustees who are residents of this state is greater than the
number who are residents of any one other state; or
(c) None of the criteria of paragraphs (a) and (b) of this
subdivision is met but the employer has elected coverage in this
state or, the employer having failed to elect coverage in anystate, the individual has filed a claim for benefits, based on
such service, under the law of this state.
An "American employer", for purposes of this subdivision,
means a person who is: (i) An individual who is a resident of
the United States; or (ii) a partnership if two thirds or more of
the partners are residents of the United States; or (iii) a
trust, if all of the trustees are residents of the United States;
or (iv) a corporation organized under the laws of the United
States or of any state;
(12) Service performed after the thirty-first day of
December, one thousand nine hundred seventy-seven, by an
individual in agricultural labor as defined in subdivision (5) of
the exclusions from employment in this section when:
(a) Such service is performed for a person who: (i) During
any calendar quarter in either the current or the preceding
calendar year paid remuneration in cash of twenty thousand
dollars or more to individuals employed in agricultural labor
including labor performed by an alien referred to in paragraph
(b) of this subdivision; or (ii) for some portion of a day in
each of twenty different calendar weeks, whether or not such
weeks were consecutive, in either the current or the preceding
calendar year, employed in agricultural labor, including labor
performed by an alien referred to in paragraph (b) of this
subdivision, ten or more individuals, regardless of whether they
were employed at the same moment of time;
(b) Such service is not performed in agricultural labor if
performed before the first day of January, one thousand nine
hundred ninety-five, by an individual who is an alien admitted tothe United States to perform service in agricultural labor
pursuant to Sections 214(c) and 101(a)(15)(H) of the Immigration
and Nationality Act;
(c) For the purposes of the definition of employment, any
individual who is a member of a crew furnished by a crew leader
to perform service in agricultural labor for any other person
shall be treated as an employee of such crew leader: (i) If such
crew leader holds a valid certificate of registration under the
Migrant and Seasonal Agricultural Worker Protection Act; or
substantially all the members of such crew operate or maintain
tractors, mechanized harvesting or crop-dusting equipment, or any
other mechanized equipment, which is provided by such crew
leader; and (ii) if such individual is not an employee of such
other person within the meaning of subdivision (7) of the
definition of employer;
(d) For the purposes of this subdivision, in the case of any
individual who is furnished by a crew leader to perform service
in agricultural labor for any other person and who is not treated
as an employee of such crew leader under paragraph (c) of this
subdivision: (i) Such other person and not the crew leader shall
be treated as the employer of such individual; and (ii) such
other person shall be treated as having paid cash remuneration to
such individual in an amount equal to the amount of cash
remuneration paid to such individual by the crew leader (either
on his own behalf or on behalf of such other person) for the
service in agricultural labor performed for such other person;
and
(e) For the purposes of this subdivision, the term "crewleader" means an individual who: (i) Furnishes individuals to
perform service in agricultural labor for any other person; (ii)
pays (either on his own behalf or on behalf of such other person)
the individuals so furnished by him for the service in
agricultural labor performed by them, and (iii) has not entered
into a written agreement with such other person under which such
individual is designated as an employee of such other person;
(13) The term "employment" includes domestic service after
the thirty-first day of December, one thousand nine hundred
seventy-seven, in a private home, local college club or local
chapter of a college fraternity or sorority performed for a
person who paid cash remuneration of one thousand dollars or more
after the thirty-first day of December, one thousand nine hundred
seventy-seven, in any calendar quarter in the current calendar
year or the preceding calendar year to individuals employed in
such domestic service.
Notwithstanding the foregoing definition of "employment", if
the services performed during one half or more of any pay period
by an employee for the person employing him constitute
employment, all the services of such employee for such period are
employment; but if the services performed during more than one
half of any such pay period by an employee for the person
employing him do not constitute employment, then none of the
services of such employee for such period are employment.
The term "employment" does not include:
(1) Service performed in the employ of this state or any
political subdivision thereof, or any instrumentality of this
state or its subdivisions, except as otherwise provided hereinuntil the thirty-first day of December, one thousand nine hundred
seventy-seven;
(2) Service performed directly in the employ of another
state, or its political subdivisions, except as otherwise
provided in paragraph (a), subdivision (9) of the definition of
"employment", until the thirty-first day of December, one
thousand nine hundred seventy-seven;
(3) Service performed in the employ of the United States or
any instrumentality of the United States exempt under the
constitution of the United States from the payments imposed by
this law, except that to the extent that the Congress of the
United States shall permit states to require any
instrumentalities of the United States to make payments into an
unemployment fund under a state unemployment compensation law,
all of the provisions of this law shall be applicable to such
instrumentalities and to service performed for such
instrumentalities in the same manner, to the same extent and on
the same terms as to all other employers, employing units,
individuals and services:
Provided, That if this state shall not
be certified for any year by the secretary of labor under Section
1603(c) of the federal Internal Revenue Code, the payments
required of such instrumentalities with respect to such year
shall be refunded by the commissioner from the fund in the same
manner and within the same period as is provided in section
nineteen, article five of this chapter, with respect to payments
erroneously collected;
(4) Service performed after the thirtieth day of June, one
thousand nine hundred thirty-nine, with respect to whichunemployment compensation is payable under the Railroad
Unemployment Insurance Act and service with respect to which
unemployment benefits are payable under an unemployment
compensation system for maritime employees established by an act
of Congress. The commissioner may enter into agreements with the
proper agency established under such an act of Congress to
provide reciprocal treatment to individuals who, after acquiring
potential rights to unemployment compensation under an act of
Congress, or who have, after acquiring potential rights to
unemployment compensation under an act of Congress, acquired
rights to benefit under this chapter. Such agreement shall
become effective ten days after such publications which shall
comply with the general rules of the department;
(5) Service performed by an individual in agricultural
labor, except as provided in subdivision (12) of the definition
of "employment" in this section. For purposes of this
subdivision, the term "agricultural labor" includes all services
performed:
(a) On a farm, in the employ of any person, in connection
with cultivating the soil, or in connection with raising or
harvesting any agricultural or horticultural commodity, including
the raising, shearing, feeding, caring for, training and
management of livestock, bees, poultry and fur-bearing animals
and wildlife;
(b) In the employ of the owner or tenant or other operator
of a farm, in connection with the operation, management,
conservation, improvement or maintenance of such farm and its
tools and equipment, or in salvaging timber or clearing land ofbrush and other debris left by a hurricane, if the major part of
such service is performed on a farm;
(c) In connection with the production or harvesting of any
commodity defined as an agricultural commodity in section fifteen
(g) of the Agricultural Marketing Act, as amended, or in
connection with the ginning of cotton, or in connection with the
operation or maintenance of ditches, canals, reservoirs or
waterways, not owned or operated for profit, used exclusively for
supplying and storing water for farming purposes;
(d) (i) In the employ of the operator of a farm in handling,
planting, drying, packing, packaging, processing, freezing,
grading, storing or delivering to storage or to market or to a
carrier for transportation to market, in its unmanufactured
state, any agricultural or horticultural commodity; but only if
such operator produced more than one half of the commodity with
respect to which such service is performed; or (ii) in the employ
of a group of operators of farms (or a cooperative organization
of which such operators are members) in the performance of
service described in subparagraph (i), but only if such operators
produced more than one half of the commodity with respect to
which such service is performed; but the provisions of
subparagraphs (i) and (ii) are not applicable with respect to
service performed in connection with commercial canning or
commercial freezing or in connection with any agricultural or
horticultural commodity after its delivery to a terminal market
for distribution for consumption;
(e) On a farm operated for profit if such service is not in
the course of the employer's trade or business or is domesticservice in a private home of the employer. As used in this
subdivision, the term "farm" includes stock, dairy, poultry,
fruit, fur-bearing animals, truck farms, plantations, ranches,
greenhouses, ranges and nurseries, or other similar land areas or
structures used primarily for the raising of any agricultural or
horticultural commodities;
(6) Domestic service in a private home except as provided in
subdivision (13) of the definition of "employment" in this
section;
(7) Service performed by an individual in the employ of his
son, daughter or spouse;
(8) Service performed by a child under the age of eighteen
years in the employ of his father or mother;
(9) Service as an officer or member of a crew of an American
vessel, performed on or in connection with such vessel, if the
operating office, from which the operations of the vessel
operating on navigable waters within or without the United States
are ordinarily and regularly supervised, managed, directed and
controlled, is without this state;
(10) Service performed by agents of mutual fund broker-
dealers or insurance companies, exclusive of industrial insurance
agents, or by agents of investment companies, who are compensated
wholly on a commission basis;
(11) Service performed: (i) In the employ of a church or
convention or association of churches, or an organization which
is operated primarily for religious purposes and which is
operated, supervised, controlled or principally supported by a
church or convention or association of churches; or (ii) by aduly ordained, commissioned or licensed minister of a church in
the exercise of his ministry or by a member of a religious order
in the exercise of duties required by such order; or (iii) prior
to the first day of January, one thousand nine hundred seventy-
eight, in the employ of a school which is not an institution of
higher education; or (iv) in a facility conducted for the purpose
of carrying out a program of rehabilitation for individuals whose
earning capacity is impaired by age or physical or mental
deficiency or injury or providing remunerative work for
individuals who because of their impaired physical or mental
capacity cannot be readily absorbed in the competitive labor
market by an individual receiving such rehabilitation or
remunerative work; or (v) as part of an unemployment work-relief
or work-training program assisted or financed, in whole or in
part, by any federal agency or an agency of a state or political
subdivision thereof, by an individual receiving such work relief
or work training; or (vi) prior to the first day of January, one
thousand nine hundred seventy-eight, for a hospital in a state
prison or other state correctional institution by an inmate of
the prison or correctional institution, and after the thirty-
first day of December, one thousand nine hundred seventy-seven,
by an inmate of a custodial or penal institution;
(12) Service performed in the employ of a school, college or
university, if such service is performed: (i) By a student who
is enrolled and is regularly attending classes at such school,
college or university; or (ii) by the spouse of such a student,
if such spouse is advised, at the time such spouse commences to
perform such service, that: (I) The employment of such spouse toperform such service is provided under a program to provide
financial assistance to such student by such school, college or
university; and (II) such employment will not be covered by any
program of unemployment insurance;
(13) Service performed by an individual who is enrolled at
a nonprofit or public educational institution which normally
maintains a regular faculty and curriculum and normally has a
regularly organized body of students in attendance at the place
where its educational activities are carried on as a student in
a full-time program, taken for credit at such institution, which
combines academic instruction with work experience, if such
service is an integral part of such program, and such institution
has so certified to the employer, except that this subdivision
shall not apply to service performed in a program established for
or on behalf of an employer or group of employers;
(14) Service performed in the employ of a hospital, if such
service is performed by a patient of the hospital, as defined in
this section; and
(15) Service in the employ of a governmental entity referred
to in subdivision (9) of the definition of "employment" in this
section if such service is performed by an individual in the
exercise of duties: (i) As an elected official; (ii) as a member
of a legislative body, or a member of the judiciary, of a state
or political subdivision; (iii) as a member of the state national
guard or air national guard; (iv) as an employee serving on a
temporary basis in case of fire, storm, snow, earthquake, flood
or similar emergency; (v) in a position which, under or pursuant
to the laws of this state, is designated as: (I) A majornontenured policymaking or advisory position; or (II) a
policymaking or advisory position the performance of the duties
of which ordinarily does not require more than eight hours per
week.
Notwithstanding the foregoing exclusions from the definition
of "employment", services, except agricultural labor and domestic
service in a private home, are in employment if with respect to
such services a tax is required to be paid under any federal law
imposing a tax against which credit may be taken for
contributions required to be paid into a state unemployment
compensation fund, or which as a condition for full tax credit
against the tax imposed by the federal Unemployment Tax Act are
required to be covered under this chapter.
"Employment office" means a free employment office or branch
thereof, operated by this state, or any free public employment
office maintained as a part of a state controlled system of
public employment offices in any other state.
"Fund" means the unemployment compensation fund established
by this chapter.
"Hospital" means an institution which has been licensed,
certified or approved by the state department of health as a
hospital.
"Institution of higher education" means an educational
institution which:
(1) Admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such a certificate;
(2) Is legally authorized in this state to provide a programof education beyond high school;
(3) Provides an educational program for which it awards a
bachelor's or higher degree, or provides a program which is
acceptable for full credit toward such a degree, or provides a
program of postgraduate or postdoctoral studies, or provides a
program of training to prepare students for gainful employment in
a recognized occupation; and
(4) Is a public or other nonprofit institution.
Notwithstanding any of the foregoing provisions of this
definition all colleges and universities in this state are
institutions of higher education for purposes of this section.
"Payments" means the money required to be paid or that may
be voluntarily paid into the state unemployment compensation fund
as provided in article five of this chapter.
"Reorganized employer" means: (1) An employer that alters
its legal status, including changing from a sole proprietorship
or a partnership to a corporation; or (2) an employer that
otherwise changes its trade name or business identity while
remaining under substantially the same ownership.
"Separated from employment" means, for the purposes of this
chapter, the total severance, whether by quitting, discharge or
otherwise, of the employer-employee relationship.
"State" includes, in addition to the states of the United
States, Puerto Rico, District of Columbia and the Virgin Islands.
"Successor employer" means an employer that acquires, by
sale or otherwise, the entire organization, trade or business, or
substantially all the assets thereof of another employer.
"Total and partial unemployment" means:
(1) An individual is totally unemployed in any week in which
such individual is separated from employment for an employing
unit and during which he performs no services and with respect to
which no wages are payable to him.
(2) An individual who has not been separated from employment
is partially unemployed in any week in which due to lack of full-
time work wages payable to him are less than his weekly benefit
amount plus sixty dollars:
Provided, That said individual must
have earnings of at least sixty-one dollars.
"Wages" means all remuneration for personal service,
including commissions, gratuities customarily received by an
individual in the course of employment from persons other than
the employing unit, as long as such gratuities equal or exceed an
amount of not less than twenty dollars each month and which are
required to be reported to the employer by the employee, bonuses,
and the cash value of all remuneration in any medium other than
cash except for agricultural labor and domestic service:
Provided, That the term "wages" does not include:
(1) That part of the remuneration which, after remuneration
equal to three thousand dollars has been paid to an individual by
an employer with respect to employment during any calendar year,
is paid after the thirty-first day of December, one thousand nine
hundred thirty-nine, and prior to the first day of January, one
thousand nine hundred forty-seven, to such individual by such
employer with respect to employment during such calendar year; or
that part of the remuneration which, after remuneration equal to
three thousand dollars with respect to employment after the year
one thousand nine hundred thirty-eight, has been paid to anindividual by an employer during any calendar year after one
thousand nine hundred forty-six, is paid to such individual by
such employer during such calendar year, except that for the
purposes of sections one, ten, eleven and thirteen, article six
of this chapter, all remuneration earned by an individual in
employment shall be credited to the individual and included in
his computation of base period wages:
Provided, That
notwithstanding the foregoing provisions, on and after the first
day of January, one thousand nine hundred sixty-two, the term
"wages" does not include:
That part of the remuneration which, after remuneration
equal to three thousand six hundred dollars has been paid to an
individual by an employer with respect to employment during any
calendar year, is paid during any calendar year after one
thousand nine hundred sixty-one; and shall not include that part
of remuneration which, after remuneration equal to four thousand
two hundred dollars is paid during a calendar year after one
thousand nine hundred seventy-one; and shall not include that
part of remuneration which, after remuneration equal to six
thousand dollars is paid during a calendar year after one
thousand nine hundred seventy-seven; and shall not include that
part of remuneration which, after remuneration equal to eight
thousand dollars is paid during a calendar year after one
thousand nine hundred eighty, to an individual by an employer or
his predecessor with respect to employment during any calendar
year, is paid to such individual by such employer during such
calendar year unless that part of the remuneration is subject to
a tax under a federal law imposing a tax against which credit maybe taken for contributions required to be paid into a state
unemployment fund. For the purposes of this subdivision, the
term "employment" includes service constituting employment under
any unemployment compensation law of another state; or which as
a condition for full tax credit against the tax imposed by the
Federal Unemployment Tax Act is required to be covered under this
chapter; and, except that for the purposes of sections one, ten,
eleven and thirteen, article six of this chapter, all
remuneration earned by an individual in employment shall be
credited to the individual and included in his computation of
base period wages:
Provided, That the remuneration paid to an
individual by an employer with respect to employment in another
state or other states upon which contributions were required of
and paid by such employer under an unemployment compensation law
of such other state or states shall be included as a part of the
remuneration equal to the amounts of three thousand six hundred
dollars or four thousand two hundred dollars or six thousand
dollars or eight thousand dollars herein referred to. In
applying such limitation on the amount of remuneration that is
taxable, an employer shall be accorded the benefit of all or any
portion of such amount which may have been paid by its
predecessor or predecessors:
Provided, however, That if the
definition of the term "wages" as contained in Section 3306(b) of
the Internal Revenue Code of 1954, as amended, is amended: (a)
Effective prior to the first day of January, one thousand nine
hundred sixty-two, to include remuneration in excess of three
thousand dollars; or (b) effective on or after the first day of
January, one thousand nine hundred sixty-two, to includeremuneration in excess of three thousand six hundred dollars; or
(c) effective on or after the first day of January, one thousand
nine hundred seventy-two, to include remuneration in excess of
four thousand two hundred dollars; or (d) effective on or after
the first day of January, one thousand nine hundred seventy-
eight, to include remuneration in excess of six thousand dollars;
or (e) effective on or after the first day of January, one
thousand nine hundred eighty, to include remuneration in excess
of eight thousand dollars, paid to an individual by an employer
under the federal Unemployment Tax Act during any calendar year,
wages for the purposes of this definition shall include
remuneration paid in a calendar year to an individual by an
employer subject to this article or his predecessor with respect
to employment during any calendar year up to an amount equal to
the amount of remuneration taxable under the federal Unemployment
Tax Act;
(2) The amount of any payment made after the thirty-first
day of December, one thousand nine hundred fifty-two (including
any amount paid by an employer for insurance or annuities, or
into a fund, to provide for any such payment), to, or on behalf
of, an individual in its employ or any of his dependents, under
a plan or system established by an employer which makes provision
for individuals in its employ generally (or for such individuals
and their dependents), or for a class or classes of such
individuals (or for a class or classes of such individuals and
their dependents), on account of: (A) Retirement; or (B)
sickness or accident disability payments made to an employee
under an approved state workers' compensation law; or (C) medicalor hospitalization expenses in connection with sickness or
accident disability; or (D) death;
(3) Any payment made after the thirty-first day of December,
one thousand nine hundred fifty-two, by an employer to an
individual in its employ (including any amount paid by an
employer for insurance or annuities, or into a fund, to provide
for any such payment) on account of retirement;
(4) Any payment made after the thirty-first day of December,
one thousand nine hundred fifty-two, by an employer on account of
sickness or accident disability, or medical or hospitalization
expenses in connection with sickness or accident disability, to,
or on behalf of, an individual in its employ after the expiration
of six calendar months following the last calendar month in which
such individual worked for such employer;
(5) Any payment made after the thirty-first day of December,
one thousand nine hundred fifty-two, by an employer to, or on
behalf of, an individual in its employ or his beneficiary: (A)
From or to a trust described in Section 401(a) which is exempt
from tax under Section 501(a) of the federal Internal Revenue
Code at the time of such payments unless such payment is made to
such individual as an employee of the trust as remuneration for
services rendered by such individual and not as a beneficiary of
the trust; or (B) under or to an annuity plan which, at the time
of such payment, is a plan described in Section 403(a) of the
federal Internal Revenue Code;
(6) The payment by an employer of the tax imposed upon an
employer under Section 3101 of the federal Internal Revenue Code
with respect to remuneration paid to an employee for domesticservice in a private home or the employer of agricultural labor;
(7) Remuneration paid by an employer after the thirty-first
day of December, one thousand nine hundred fifty-two, in any
medium other than cash to an individual in its employ for service
not in the course of the employer's trade or business;
(8) Any payment (other than vacation or sick pay) made by an
employer after the thirty-first day of December, one thousand
nine hundred fifty-two, to an individual in its employ after the
month in which he attains the age of sixty-five, if he did not
work for the employer in the period for which such payment is
made;
(9) Payments, not required under any contract of hire, made
to an individual with respect to his period of training or
service in the armed forces of the United States by an employer
by which such individual was formerly employed; and
(10) Vacation pay, severance pay or savings plans received
by an individual before or after becoming totally or partially
unemployed but earned prior to becoming totally or partially
unemployed:
Provided, That the term totally or partially
unemployed shall not be interpreted to include: (A) Employees
who are on vacation by reason of the request of the employees or
their duly authorized agent, for a vacation at a specific time,
and which request by the employees or their agent is acceded to
by their employer; (B) employees who are on vacation by reason of
the employer's request provided they are so informed at least
ninety days prior to such vacation; or (C) employees who are on
vacation by reason of the employer's request where such vacation
is in addition to the regular vacation and the employercompensates such employee at a rate equal to or exceeding their
regular daily rate of pay during the vacation period.
The reasonable cash value of remuneration in any medium
other than cash shall be estimated and determined in accordance
with rules prescribed by the commissioner, except for
remuneration other than cash for services performed in
agricultural labor and domestic service.
"Week" means a calendar week, ending at midnight Saturday,
or the equivalent thereof, as determined in accordance with the
regulations prescribed by the commissioner.
"Weekly benefit rate" means the maximum amount of benefit an
eligible individual will receive for one week of total
unemployment.
"Year" means a calendar year or the equivalent thereof, as
determined by the commissioner.
ARTICLE 5. EMPLOYER COVERAGE AND RESPONSIBILITY.
§21A-5-10. Experience ratings; decreased rates; adjustment of
accounts and rates; debit balance account rates.
(a) On and after July first, one thousand nine hundred
eighty-one, an employer's payment shall remain two and seven-
tenths percent, until:
(1) There have elapsed thirty-six consecutive months
immediately preceding the computation date throughout which an
employer's account was chargeable with benefits.
(2) His payments credited to his account for all past years
exceed the benefits charged to his account by an amount equal to
at least the percent of his average annual payroll as shown in
Column B of Table II. His rate shall be the amount appearing inColumn C of Table II on line with the percentage in Column B.
When the total assets of the fund as of the first day of
January of a calendar year equal or exceed one hundred percent
but are less than one hundred twenty-five percent of the average
benefit payments from the trust fund for the three preceding
calendar years, an employer's rate shall be the amount appearing
in Column D of Table II on line with the percentage in Column B.
When the total assets of the fund as of the first day of
January of a calendar year equal or exceed one hundred twenty-
five percent but are less than one hundred fifty percent, an
employer's rate shall be the amount appearing in Column E of
Table II on line with the percentage in Column B.
When the total assets of the fund as of January first of a
calendar year equal or exceed one hundred fifty percent, an
employer's rate shall be the amount appearing in Column F of
Table II on line with the percentage in Column B.
TABLE II
Col. ACol. BCol. CCol. DCol. ECol. F
Percentage of
Average
Annual Payroll
By Which
RateCredits ExceedEmployer's
Class Charges Rate
(1)0.0 to 6.04.53.52.51.5
(2)6.04.13.12.11.1
(3)7.03.92.91.90.9
(4)8.03.72.71.70.7
(5)9.03.52.51.50.5
(6)10.03.32.31.30.3
(7)10.53.12.11.10.1
(8)11.02.91.90.90.0
(9)11.52.71.70.70.0
(10)12.02.51.50.50.0
(11)12.52.31.30.30.0
(12)13.02.11.10.10.0
(13)14.01.90.90.00.0
(14)16.01.70.70.00.0
(15)18.0 and over1.50.50.00.0
All employer accounts in which charges for all past years
exceed credits for such past years shall be adjusted effective
the thirtieth day of June, one thousand nine hundred sixty-seven,
so that as of said date, for the purpose of determining such
employer's rate of contribution, the credits for all past years
shall be deemed to equal the charges to such accounts.
Effective on and after the computation date of the thirtieth
day of June, one thousand nine hundred eighty-four, the
noncredited contribution identified in section seven of this
article shall not be added to the employer's debit balance to
determine the employer contribution rate.
Effective on and after the computation date of the thirtieth
day of June, one thousand nine hundred sixty-seven, all employers
with a debit balance account in which the benefits charged to
their account for all past years exceed the payments credited to
their account for such past years by an amount up to and
including ten percent of their average annual payroll shall make
payments to the unemployment compensation fund at the rate of
three percent of wages paid by them with respect to employment;except that effective on and after the first day of July, one
thousand nine hundred eighty-one, all employers with a debit
balance account in which the benefits charged to their account
for all past years exceed the payments credited to their account
for such past years by an amount up to and including five percent
of their average annual payroll shall make payments to the
unemployment compensation fund at the rate of five and five-
tenths percent of wages paid by them with respect to employment.
Effective on or after the first day of July, one thousand
nine hundred eighty-one, all employers with a debit balance
account in which the benefits charged to their account for all
past years exceed the payments credited to their account for such
past years by an amount in excess of five percent but less than
ten percent of their average annual payroll shall make payments
to the unemployment compensation fund at the rate of six and
five-tenths percent of wages paid by them with respect to
employment.
Effective on and after the computation date of the thirtieth
day of June, one thousand nine hundred sixty-seven, all employers
with a debit balance account in which the benefits charged to
their account for all past years exceed the payments credited to
their account for such past years by an amount of ten percent or
above of their average annual payroll shall make payments to the
unemployment compensation fund at the rate of three and three-
tenths percent of wages paid by them with respect to employment;
except that effective on and after the first day July, one
thousand nine hundred eighty-one, such payments to the
unemployment compensation fund shall be at the rate of seven andfive-tenths percent of wages paid by them with respect to
employment or at such other rate authorized by this article.
"Debit balance account" for the purpose of this section
means an account in which the benefits charged for all past years
exceed the payments credited for such past years.
"Credit balance account" for the purposes of this section
means an account in which the payments credited for all past
years exceed the benefits charged for such past years.
Once a debit balance account rate is established for an
employer's account for a year, it shall apply for the entire
year.
"Due date" means the last day of the month next following a
calendar quarter. In determining the amount in the fund on any
due date, contributions received, but not benefits paid, for such
month next following the end of a calendar quarter shall be
included.
(b) Notwithstanding any other provision of this section,
every debit balance employer subject to the provisions of this
chapter, and any foreign corporation or business entity engaged
in the construction trades which has not been an employer in the
state of West Virginia for thirty-six consecutive months ending
on the computation date, shall, in addition to any other tax
provided for in this section, pay contributions at the rate of
one percent surtax on wages paid by him with respect to
employment.
(c) Effective the thirtieth day of June, one thousand nine
hundred eighty-five, and each computation date thereafter, the
reserve balance of a debit balance employer shall be reduced tofifteen percent if such balance exceeds fifteen percent. The
amount of noncredited tax shall be reduced by an amount equal to
the eliminated charges. If the eliminated charges exceed the
amount of noncredited tax, the noncredited tax shall be reduced
to zero.
(d) On and after the first day of January, one thousand nine
hundred ninety-one, an employer's payment shall remain two and
seven-tenths percent, until:
(1) There have elapsed thirty-six consecutive months
immediately preceding the computation date throughout which an
employer's account was chargeable with benefits; and
(2) The payments credited to the account for all past years
exceed the benefits charged to the account by an amount equal to
at least the percent of the average annual payroll as shown in
Column B of Table III. The rate shall be the amount appearing in
Column C of Table II on line with the percentage in Column B.
When the total assets of the fund as of the first day of
January of a calendar year equal or exceed one and seventy-five
one-hundredths percent but are less than two and twenty-five
one-hundredths percent of gross covered wages for the
twelve-month period ending on the thirtieth day of June of the
preceding year, an employer's rate shall be the amount appearing
in Column D of Table III on line with the percentage in Column B.
When the total assets of the fund as of the first day of
January of a calendar year equal or exceed two and twenty-five
one-hundredths percent but are less than two and seventy-five
one-hundredths percent of gross covered wages for the
twelve-month period ending on the thirtieth day of June of thepreceding year, an employer's rate shall be the amount appearing
in Column E of Table III on line with the percentage in Column B.
When the total assets of the fund as of the first day of
January of a calendar year equal or exceed two and seventy-five
one-hundredths percent but are less than three percent of gross
covered wages for the twelve-month period ending on the thirtieth
day of June of the preceding year, an employer's rate shall be
the amount appearing in Column F of Table III on line with the
percentage in Column B.
When the total assets of the fund as of the first day of
January of a calendar year equal or exceed three percent of gross
covered wages for the twelve-month period ending on the thirtieth
day of June of the preceding year, an employer's rate shall be
the amount appearing in Column G of Table III on line with the
percentage in Column B.
TABLE III
Col. A Col. B Col. CCol. DCol. ECol. FCol. G
Percentage of
Average
Annual Payroll
By Which
RateCredits Exceed Employer's
Class Charges Rate
(1)0.0 to 6.04.54.03.53.02.0
(2)6.04.13.63.12.61.6(3)7.03.93.42.92.41.4
(4)8.03.73.22.72.21.2
(5)9.03.53.02.52.01.0
(6)10.03.32.82.31.80.8
(7)10.53.12.62.11.60.6
(8)11.02.92.41.91.40.4
(9)11.52.72.21.71.20.2
(10)12.02.52.01.51.00.0
(11)12.52.31.81.30.80.0
(12)13.02.11.61.10.60.0
(13)14.01.91.40.90.40.0
(14)16.01.71.20.70.20.0
(15)18.0 and over1.51.00.50.00.0
(e) Notwithstanding any other provision of this section, all
employers' rates for the calendar year beginning the first day of
January, one thousand nine hundred ninety, and ending on the
thirty-first day of December, one thousand nine hundred ninety,
shall be the amount in Column D of Table II on line with the
percentage in Column B.
§21A-5-10b. Transfer of business.
If a subject employer shall transfer his entire
organization, trade or business, or substantially all the assets
thereof, to another employer, the commissioner shall combine the
contribution records and the benefit experience records of the
transferring and acquiring employers. The acquiring employer's
contribution rate for the remainder of the calendar year shall
not be affected by the transfer but such rate shall apply to the
whole of his business, including the portion acquired by the
transfer, through the following the thirty-first day of December.
If a subject employer shall make such transfer to an employing
unit which is not an employer on the date of the transfer, such
subject employer's rate shall continue as the rate of the
acquiring employing unit until the next effective rate date. Ifan employing unit acquires simultaneously the entire
organization, trade or business, or substantially all the assets
thereof, of two or more covered employers, the successor shall be
assigned as a contribution rate the then current rate of the
transferring employer which had, in the calendar quarter
immediately preceding the date of the transfer, the higher or
highest payroll. If a subject employer shall transfer his entire
organization, trade or business, or substantially all the assets
thereof, to two or more employers are employing units,
apportionment of the contribution records and benefit experience
records of the transferring employer shall be made between the
acquiring units in accordance with the ratio that the total
assets acquired by each transferee bears to the total assets
transferred by the transferring employer as of the date of the
transfers. The current contribution rate of the transferring
employer shall in such case continue as the rate of each
transferee who or which is an employing unit until the next
effective rate date; the current contribution rate of each
transferee who or which is an employer shall continue as his or
its rate until the next effective rate date. For the succeeding
calendar year the rate of each transferee shall be determined as
provided in section ten of this article. As to any transfers
which occur prior to the thirty-first day of July of the current
calendar year such rate shall remain effective for the balance of
that calendar year:
Provided, That if the transfers occur
subsequent to the thirty-first day of July such rate shall remain
effective for the balance of that calendar year and the rate for
the succeeding calendar year shall, notwithstanding anything tothe contrary provided in section seven of article five of this
chapter, be recomputed on the basis of the combined experience of
the transferring employers as of the thirty-first day of July of
the year in which the transfers occur. In case the transferring
employer is delinquent in the payment of contributions or
interest thereof the acquiring employer shall not be entitled to
any benefit of the contribution record of the transferring
employer unless payment of such delinquent contributions and
interest thereon is assumed by the acquiring employer. The
commissioner shall upon joint request of the transferor and
transferee furnish the transferee a statement of the amount of
any contribution and interest due and unpaid by the transferor.
A statement so furnished shall be controlling for the purposes of
the foregoing proviso.
The provisions of this section shall not apply to any
employer which is established through the assistance of any state
economic development agency irrespective of the contribution rate
of any related predecessor.
A reorganized employer shall keep the contribution rate of
the employing unit before the reorganization and be liable for
all contributions, interest and penalties owed by the employing
unit before the reorganization. If the predecessor does not
remain in business after the transfer of all or part of the
assets, business, organization, or trade of the predecessor
employer: (1) The successor employer is liable for all
contributions, interest and penalties owed by the predecessor
employer at the time of the transfer; and (2) if two or more
successor employers receive the transfer, the successor employersshall be liable in the same proportion as the assets of the unit
being transferred is to the total assets of the predecessor
employer.
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 has registered for work at and thereafter continues
to report at an employment office in accordance with the
regulations of the commissioner;
(2) He has made a claim for benefits in accordance with the
provisions of article seven of this chapter and has furnished his
social security number, or numbers if he has more than one such
number;
(3) He is able to work and is available for full-time work
for which he is fitted by prior training or experience and is
doing that which a reasonably prudent person in his circumstances
would do in seeking work;
(4) He has been totally or partially unemployed during his
benefit year for a waiting period of one week prior to the week
for which he claims benefits for total or partial unemployment;
(5) He has within his base period been paid wages for
employment equal to not less than two thousand two hundred
dollars and must have earned wages in more than one quarter of
his base period; and
(6) Beginning the first day of November, one thousand nine
hundred ninety-four, he participates in reemployment services,
such as job search assistance services, if the individual hasbeen 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-6-10. Benefit rate -- Total unemployment; annual
computation and publication of rates.
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 three, article
one of this chapter. The employee's wage class shall be
determined by his 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 sixty
dollars 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.
The maximum benefit for each wage class shall be equal to
twenty-six times the weekly benefit rate.
On and after the first day of July, one thousand nine
hundred eighty-five, and until the first day of July, one
thousand nine hundred eighty-nine, the maximum weekly benefit
rate shall be seventy percent of the average weekly wage in West
Virginia, which average weekly wage shall not exceed three
hundred twenty-two dollars per week; thereafter, the maximum
benefit rate shall be sixty-six and two-thirds percent of the
average weekly wage in West Virginia.
Beginning on the first day of July, one thousand nine
hundred eighty-nine, and on the first day of July of each
succeeding year thereafter, 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 one hundred fifty dollars,
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. 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 one dollar.
BENEFIT TABLE
Maximum
Benefit in
Benefit Year
C for Total
A B Weekly and/or
Wage Wages in Benefit Partial Un-
Class Base Period Rate employment
Under $2,200.00Ineligible
1$2,200.00-2,349.99$24.00$624.00
22,350.00-2,499.9925.00650.00
32,500.00-2,649.9927.00702.00
42,650.00-2,799.9928.00728.00
52,800.00-2,949.9930.00780.00
62,950.00-3,099.9931.00806.00
73,100.00-3,249.9933.00858.00
83,250.00-3,399.9935.00910.00
93,400.00-3,549.9936.00936.00
103,550.00-3,699.9938.00988.00
113,700.00-3,849.9939.001,014.00
123,850.00-3,999.9941.001,066.00
134,000.00-4,149.9943.001,118.00
144,150.00-4,299.9944.001,144.00
154,300.00-4,449.9946.001,196.00
164,450.00-4,599.9947.001,222.00
174,600.00-4,749.9949.001,274.00
184,750.00-4,899.9951.001,326.00
194,900.00-5,049.9952.001,352.00
205,050.00-5,199.9954.001,404.00
215,200.00-5,349.9955.001,430.00
225,350.00-5,499.9957.001,482.00
235,500.00-5,649.9958.001,508.00
245,650.00-5,799.9960.001,560.00
255,800.00-5,949.9962.001,612.00
265,950.00-6,099.9963.001,638.00
276,100.00-6,249.9965.001,690.00
286,250.00-6,399.9966.001,716.00
296,400.00-6,549.9968.001,768.00
306,550.00-6,699.9970.001,820.00
316,700.00-6,849.9971.001,846.00
326,850.00-6,999.9973.001,898.00
337,000.00-7,149.9974.001,924.00
347,150.00-7,299.9976.001,976.00
357,300.00-7,449.9978.002,028.00
367,450.00-7,599.9979.002,054.00
377,600.00-7,749.9981.002,106.00
387,750.00-7,899.9982.002,132.00
397,900.00-8,049.9984.002,184.00
408,050.00-8,199.9985.002,210.00
418,200.00-8,349.9987.002,262.00
428,350.00-8,499.9989.002,314.00
438,500.00-8,649.9990.002,340.00
448,650.00-8,799.9992.002,392.00
458,800.00-8,949.9993.002,418.00
468,950.00-9,099.9995.002,470.00
479,100.00-9,249.9997.002,522.00
489,250.00-9,399.9998.002,548.00
499,400.00-9,549.99100.002,600.00
509,550.00-9,699.99101.002,626.00
519,700.00-9,849.99103.002,678.00
529,850.00-9,999.99104.002,704.00
5310,000.00-10,149.99106.002,756.00
5410,150.00-10,299.99108.002,808.00
5510,300.00-10,449.99109.002,834.00
5610,450.00-10,599.99111.002,886.00
5710,600.00-10,749.99112.002,912.00
5810,750.00-10,899.99114.002,964.00
5910,900.00-11,049.99116.003,016.00
6011,050.00-11,199.99117.003,042.00
6111,200.00-11,349.99119.003,094.00
6211,350.00-11,499.99120.003,120.00
6311,500.00-11,649.99122.003,172.00
6411,650.00-11,799.99124.003,224.00
6511,800.00-11,949.99125.003,250.00
6611,950.00-12,099.99127.003,302.00
6712,100.00-12,249.99128.003,328.00
6812,250.00-12,399.99130.003,380.00
6912,400.00-12,549.99131.003,406.00
7012,550.00-12,699.99133.003,458.00
7112,700.00-12,849.99135.003,510.00
7212,850.00-12,999.99136.003,536.00
7313,000.00-13,149.99138.003,588.00
7413,150.00-13,299.99139.003,614.00
7513,300.00-13,449.99141.003,666.00
7613,450.00-13,599.99143.003,718.00
7713,600.00-13,749.99144.003,744.00
7813,750.00-13,899.99146.003,796.00
7913,900.00-14,049.99147.003,822.00
8014,050.00-14,199.99149.003,874.00
8114,200.00-14,349.99150.003,900.00
8214,350.00-14,499.99152.003,952.00
8314,500.00-14,649.99154.004,004.00
8414,650.00-14,799.99155.004,030.00
8514,800.00-14,949.99157.004,082.00
8614,950.00-15,099.99158.004,108.00
8715,100.00-15,249.99160.004,160.00
8815,250.00-15,399.99162.004,212.00
8915,400.00-15,549.99163.004,238.00
9015,550.00-15,699.99165.004,290.00
9115,700.00-15,849.99166.004,316.00
9215,850.00-15,999.99168.004,368.00
9316,000.00-16,149.99170.004,420.00
9416,150.00-16,299.99171.004,446.00
9516,300.00-16,449.99173.004,498.00
9616,450.00-16,599.99174.004,524.00
9716,600.00-16,749.99176.004,576.00
9816,750.00-16,899.99177.004,602.00
9916,900.00-17,049.99179.004,654.00
10017,050.00-17,199.99181.004,706.00
10117,200.00-17,349.99182.004,732.00
10217,350.00-17,499.99184.004,784.00
10317,500.00-17,649.99185.004,810.00
10417,650.00-17,799.99187.004,862.00
10517,800.00-17,949.99189.004,914.00
10617,950.00-18,099.99190.004,940.00
10718,100.00-18,249.99192.004,992.00
10818,250.00-18,399.99193.005,018.00
10918,400.00-18,549.99195.005,070.00
11018,550.00-18,699.99196.005,096.00
11118,700.00-18,849.99198.005,148.00
11218,850.00-18,999.99200.005,200.00
11319,000.00-19,149.99201.005,226.00
11419,150.00-19,299.99203.005,278.00
11519,300.00-19,449.99204.005,304.00
11619,450.00-19,599.99206.005,356.00
11719,600.00-19,749.99208.005,408.00
11819,750.00-19,899.99209.005,434.00
11919,900.00-20,049.99211.005,486.00
12020,050.00-20,199.99212.005,512.00
12120,200.00-20,349.99214.005,564.00
12220,350.00-20,499.99216.005,616.00
12320,500.00-20,649.99217.005,642.00
12420,650.00-20,799.99219.005,694.00
12520,800.00-20,949.99220.005,720.00
12620,950.00-21,099.99222.005,772.00
12721,100.00-21,249.99223.005,798.00
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
16326,500.00-AND OVER280.007,280.00
After he has established such wage classes, the commissioner
shall prepare and publish a table setting forth such information.
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 the first day of June following such
calendar year. The average weekly wage, as determined by the
commissioner, shall be rounded to the next higher dollar.
The computation and determination of rates as aforesaid
shall be completed annually before the first day of July, 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 a first day of July, shall apply only to a new claim
established by a claimant on and after said first day of July,
and shall not apply to continued claims of a claimant based on
his new claim established before said first day of July.
§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 sourcepayable or bonus paid to him with respect to such week which is
in
excess
of
sixty
dollars:
Provided, That such amount of
benefits if not a multiple of one dollar shall be computed to the
next lowest multiple of one dollar. 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.
ARTICLE 7. CLAIM PROCEDURE.
§21A-7-4. Investigation by deputy; notice and hearing before
deputy; referral of labor dispute claims for hearing and
determination by appeal tribunal; initial determination of
other claims by deputy; notice of findings and decision.
(a) A deputy shall promptly investigate all claims.
(b) Upon the filing of any claim for benefits, notice
thereof shall promptly be given by the commissioner or his
designee to the employer concerned, in writing. The employer
shall have a period of four calendar days from the receipt of
such notice within which to furnish to the deputy or his local
office initial information respecting the claim and the facts and
circumstances pertaining to the claimant's unemployment. If,
within said four-day period, any party shall request a hearing
before the deputy, such hearing shall be held, upon notice to all
parties by the commissioner or his designee, either by delivery
in person or by mail, within five calendar days of receipt of
such request. Such hearing shall be informal in nature, but shall
afford the parties reasonable opportunity to present, in person,
information relevant to the eligibility and disqualification of
the claimant.
(c) If it appears from the deputy's investigation and from
all of the information before him, that a claim relates to a
labor dispute or to a disqualification under subdivision (4),
section three, article six of this chapter, the claim shall be
transferred to the board for full hearing and initial
determination by an appeal tribunal.
(d) If it appears from the deputy's investigation, and from
all of the information before him, that a claim does not relate
to a labor dispute or to a disqualification under subdivision
(4), section three, article six of this chapter, the deputy shall
determine whether or not such claim is valid, and, if valid,
shall determine:
(1) The week with respect to which benefits will commence;
(2) The amount of benefit;
(3) The maximum duration of benefits.
(e) After any finding or determination by a deputy, the
deputy shall promptly notify the claimant and the employer of his
findings and decision.
________
(NOTE: The purpose of this bill, section by section, is as
follows:
§21A-1-3
This proposal will increase to $60.00 the permissible
earnings without deductions for individuals receiving
unemployment benefits; in addition, this proposal contains two
new definitions, "reorganized employer" and "successor employer."
§21A-5-10
This provision will make the 1% surtax on wages paid by
foreign construction employers permanent.
§21A-5-10b
Any employer who reorganizes shall have the same
contribution rate that it had prior to reorganization.
§21A-6-1
This provision requires an individual to participate in
reemployment services in order to be eligible for benefits.
§21A-6-10
This proposal will increase to $60.00 the permissible
earnings without deductions for individuals receiving
unemployment benefits. In addition the Benefit Table's schedule
of wages is updated.
§21A-6-11
This proposal will increase to $60.00 the permissible
earnings without deductions for individuals receiving
unemployment benefits.
§21A-7-4
This provision will remove the requirement of notice of
hearings being mailed by registered or certified mail.)
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