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Introduced Version Senate Bill 687 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 687

(By Senator Bowman)

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[Introduced February 23, 2004; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact §21A-6-1 of the code of West Virginia, 1931, as amended, relating to collection of unemployment benefits by corporate officers.

Be it enacted by the Legislature of West Virginia:
That §21A-6-1 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
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 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 two thousand two hundred dollars and must have earned wages in more than one quarter of his or her base period; and
(6) Beginning the first day of November, one thousand nine hundred ninety-four, 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; and
(7) An individual is not eligible for benefits from the date of the sale of a business, until such time he or she is reemployed and eligible for benefits based on the wages received through the new employment, if the business was a corporation and the individual was an officer or a majority or controlling shareholder in the corporation and was involved in the sale of the corporation. An individual who has been paid wages four times his weekly benefit amount may not use wages paid by a corporation if the individual: (a) Individually, or jointly with spouse, parent, sibling, or child owns or controls twenty-five percent or more interest in the corporation; or (b) is the spouse, parent, sibling, or minor child of any individual who owns or controls twenty-five
percent or more interest in the corporation; and (c) is not permanently separated from employment.




NOTE: The purpose of the change is to require corporate officers to be reemployed after a sale at a corporation to be eligible to receive benefits and to limit the benefits when the corporation is owned by family members holding at least a twenty-five percent interest in the corporation.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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