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2005 West Virginia Code - CHAPTER 21A. — UNEMPLOYMENT COMPENSATION
- CHAPTER 21A. — UNEMPLOYMENT COMPENSATION.
- ARTICLE 1. — UNEMPLOYMENT COMPENSATION.
- §21A-1-1. — Purpose of chapter.
- §21A-1-2. — Short title.
- §21A-1-3. — Repealed.
- §21A-1-4. — Bureau of employment programs created; division; "bureau" defined.
- §21A-1-5. — Federal-state cooperation.
- §21A-1-6. — Employment stabilization.
- §21A-1-7. — State public employment agency to become state employment service division.
- §21A-1-8. — Cooperation within state.
- §21A-1-9. — Continuation of the Division of Unemployment Compensation.
- ARTICLE 1A. — DEFINITIONS.
- §21A-1A-1. — Construction of terms.
- §21A-1A-2. — Administration fund.
- §21A-1A-3. — Annual payroll.
- §21A-1A-4. — Average annual payroll.
- §21A-1A-5. — Base period.
- §21A-1A-6. — Base period employer.
- §21A-1A-7. — Base period wages.
- §21A-1A-8. — Benefit year.
- §21A-1A-9. — Benefits.
- §21A-1A-10. — Board.
- §21A-1A-11. — Calendar quarter.
- §21A-1A-12. — Commissioner.
- §21A-1A-13. — Computation date.
- §21A-1A-14. — Employing unit.
- §21A-1A-15. — Employer.
- 21A-1A-16. — Employment.
- §21A-1A-17. — Exclusions from employment.
- §21A-1A-18. — Employment office.
- §21A-1A-19. — Fund.
- §21A-1A-20. — Hospital.
- §21A-1A-21. — Institution of higher education.
- §21A-1A-22. — Payments.
- §21A-1A-23. — Reorganized employer.
- §21A-1A-24. — Separated from employment.
- §21A-1A-25. — State.
- §21A-1A-26. — Successor employer.
- §21A-1A-27. — Total and partial unemployment.
- §21A-1A-28. — Wages.
- §21A-1A-29. — Week.
- §21A-1A-30. — Weekly benefit rate.
- §21A-1A-31. — Year.
- ARTICLE 2. — THE COMMISSIONER OF THE BUREAU OF EMPLOYMENT PROGRAMS.
- §21A-2-1. — Appointment; term of office.
- §21A-2-1a. — Repealed.
- §21A-2-2. — Qualifications.
- §21A-2-3. — Oath.
- §21A-2-4. — Offices.
- §21A-2-5. — Traveling expenses.
- §21A-2-6. — Powers and duties generally.
- §21A-2-6a. — Reciprocal agreements.
- §21A-2-6b. — Commissioner to be furnished information by state tax commissioner; secrecy of information; violation a misdemeanor.
- §21A-2-6c. — Payment withholding and interception.
- §21A-2-7. — Repealed.
- §21A-2-8. — Assistants and employees.
- §21A-2-9. — Continuation of authority of commissioner to administer unemployment compensation.
- §21A-2-10. — Examinations and annual merit ratings.
- §21A-2-11. — Dismissals, terminations, layoffs and suspensions.
- §21A-2-12. — Delegation of commissioner's duties.
- §21A-2-13. — Deputies.
- §21A-2-14. — Head of division of employment service.
- §21A-2-15. — Employment offices.
- §21A-2-16. — Federal-state cooperation.
- §21A-2-16a. — Work incentive program.
- §21A-2-17. — Acceptance of aid.
- §21A-2-18. — Legal counsel.
- §21A-2-19. — Rules and regulations.
- §21A-2-20. — Oaths and witnesses.
- §21A-2-21. — Subpoenas.
- §21A-2-22. — Publications.
- §21A-2-23. — Veteran's training program.
- ARTICLE 2A. — EMERGENCY EMPLOYMENT SUPPLEMENTAL MATCHING PROGRAM.
- §21A-2A-1. — Legislative declaration of finding and purpose.
- §21A-2A-2. — Definitions.
- §21A-2A-3. — Application for employment by eligible unemployed person; forms and notice.
- §21A-2A-4. — Notice to private business employers; applications for prospective employers.
- §21A-2A-5. — Payments to private business employers; maximums.
- ARTICLE 2B. — GROUP INSURANCE PLANS FOR REGULAR EMPLOYEES.
- §21A-2B-1. — Inaugurating group insurance plans.
- §21A-2B-2. — Acceptance of grants from United States department of labor, bureau of employment security; state not to pay premiums.
- §21A-2B-3. — Approval of terms of plans.
- §21A-2B-4. — Payroll deductions; employee continuing in group after retirement.
- §21A-2B-5. — Custodian of funds; disbursements.
- ARTICLE 2C. — MILITARY INCENTIVE PROGRAM.
- §21A-2C-1. — Short title.
- §21A-2C-2. — Declaration of legislative intent and purpose.
- §21A-2C-3. — Definitions.
- §21A-2C-4. — Tax credit; eligibility; amount.
- §21A-2C-5. — Restrictions and limitations regarding tax credit.
- §21A-2C-6. — Program administration.
- ARTICLE 3. — COMPENSATION PROGRAMS PERFORMANCE COUNCIL.
- §21A-3-1. — Repealed.
- §21A-3-2. — Repealed.
- §21A-3-3. — Repealed.
- §21A-3-4. — Repealed.
- §21A-3-5. — Repealed.
- §21A-3-6. — Repealed.
- §21A-3-7. — Repealed.
- §21A-3-8. — Repealed.
- §21A-3-9. — Repealed.
- §21A-3-10. — Repealed.
- §21A-3-11. — Repealed.
- §21A-3-12. — Repealed.
- ARTICLE 4. — BOARD OF REVIEW.
- §21A-4-1. — Creation; composition.
- §21A-4-2. — Appointment; terms; vacancies; chairman.
- §21A-4-3. — Qualifications.
- §21A-4-4. — Oaths of office.
- §21A-4-5. — Compensation and travel expenses.
- §21A-4-6. — Offices; meetings.
- §21A-4-7. — Quorum.
- §21A-4-8. — Removal of members.
- §21A-4-9. — Powers and duties.
- §21A-4-10. — Appointment and supervision of personnel; administrative expenses; budget; assignment of hearings.
- §21A-4-11. — Oaths and witnesses.
- §21A-4-12. — Subpoenas.
- ARTICLE 5. — EMPLOYER COVERAGE AND RESPONSIBILITY.
- §21A-5-1. — Employer coverage.
- §21A-5-2. — Termination of coverage.
- §21A-5-3. — Voluntary coverage; elective coverage by political subdivisions.
- §21A-5-3a. — Financing benefits paid to employees of nonprofit organizations.
- §21A-5-3b. — Financing benefits paid to employees of governmental entities; liability of governmental entities for payments.
- §21A-5-3c. — Designating method of financing.
- §21A-5-4. — Required payments; failure to make required payments; criminal penalties.
- §21A-5-4a. — Voluntary payments.
- §21A-5-5. — Rate of contribution.
- §21A-5-6. — Payments to be pooled in fund.
- §21A-5-7. — Joint and separate accounts.
- §21A-5-8. — Repealed.
- §21A-5-9. — Repealed.
- §21A-5-10. — Experience ratings; decreased rates; adjustment of accounts and rates; debit balance account rates.
- §21A-5-10a. — Optional assessments on employers and employees.
- §21A-5-10b. — Transfer of business.
- §21A-5-10c. — Special rules regarding transfers of experience and assignment of rates.
- §21A-5-11. — Repealed.
- §21A-5-12. — Repealed.
- §21A-5-13. — Method of payment.
- §21A-5-14. — Deduction of payments from wages prohibited.
- §21A-5-15. — Fractions of cents.
- §21A-5-16. — Collection of payments.
- §21A-5-17. — Interest and rate on past-due payments; penalties for late payment and reporting.
- §21A-5-17a. — Summary assessments.
- §21A-5-17b. — Comity in collection of past-due payments and overpayments.
- §21A-5-17c. — Service of process on nonresident employer.
- §21A-5-18. — Priorities.
- §21A-5-19. — Refunds.
- §21A-5-20. — Qualifying wages for regular benefits of newly covered workers during transition period on the basis of previously uncovered services.
- ARTICLE 6. — EMPLOYEE ELIGIBILITY; BENEFITS.
- §21A-6-1. — Eligibility qualifications.
- §21A-6-1a. — Seasonal employment.
- §21A-6-1b. — Requalification requirement.
- §21A-6-1c. — Voluntary withholding program.
- §21A-6-2. — Waiting period construed.
- §21A-6-3. — Disqualification for benefits.
- §21A-6-4. — Individual not denied benefits by receiving vocational training.
- §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.
- §21A-6-5. — Considerations in determining if work is suitable.
- §21A-6-6. — New work not deemed suitable.
- §21A-6-7. — When departments treated as separate establishments with respect to labor disputes.
- §21A-6-8. — Payment of benefits.
- §21A-6-9. — Place of payment.
- §21A-6-10. — Benefit rate -- Total unemployment; annual computation and publication of rates.
- §21A-6-11. — Benefit rate -- Partial unemployment.
- §21A-6-12. — Suspension of partial benefit rights.
- §21A-6-13. — Computation of wage credits; determination of maximum benefits.
- §21A-6-14. — Payment of benefits upon decease of claimant.
- §21A-6-15. — Benefit payments for service with nonprofit organizations, state hospitals, institutions of higher education, educational institutions and governmental entities.
- §21A-6-16. — Child support intercept of unemployment benefits.
- §21A-6-17. — Food stamp overissuance intercept of unemployment benefits.
- ARTICLE 6A. — EXTENDED BENEFITS PROGRAM.
- §21A-6A-1. — Definitions.
- §21A-6A-2. — Effect of state law provisions relating to regular benefits on claims for, and payment of, extended benefits.
- §21A-6A-3. — Eligibility requirements for extended benefits.
- §21A-6A-4. — Weekly extended benefit amount.
- §21A-6A-5. — Total extended benefit amount.
- §21A-6A-6. — Beginning and termination of extended benefit period.
- §21A-6A-7. — Effective date of article.
- ARTICLE 7. — CLAIM PROCEDURE.
- §21A-7-1. — Claims.
- §21A-7-2. — Display of regulations.
- §21A-7-3. — Deputies.
- §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.
- §21A-7-5. — Repealed.
- §21A-7-6. — Repealed.
- §21A-7-7. — Appeal tribunals.
- §21A-7-7a. — Hearings and determinations by appeal tribunal in labor dispute cases.
- §21A-7-8. — Appeal from deputy's decision.
- §21A-7-9. — Appeal from appeal tribunal's decision; finality of decision.
- §21A-7-10. — Review by board.
- §21A-7-11. — Benefits pending appeal.
- §21A-7-12. — Quorum.
- §21A-7-13. — Board to establish regulations for procedure.
- §21A-7-14. — Records.
- §21A-7-15. — Notice of decision.
- §21A-7-16. — Interested parties not to decide disputed claims.
- §21A-7-17. — Finality of board's decision -- Judicial review.
- §21A-7-18. — Claim procedure costs.
- §21A-7-19. — Administrative procedure to be exhausted.
- §21A-7-20. — Board a necessary party to judicial action; legal counsel.
- §21A-7-21. — Weight accorded board's findings of fact. Repealed.
- §21A-7-22. — Repealed.
- §21A-7-23. — Trial; preference on calendar.
- §21A-7-24. — Exceptions; appeal bond.
- §21A-7-25. — Service of process.
- §21A-7-26. — Certification and filing of record; certification of questions of law.
- §21A-7-27. — Appeal to supreme court of appeals.
- §21A-7-28. — Effect of judicial decision.
- §21A-7-29. — Supersedeas.
- §21A-7-30. — Appeals from administrative decisions relative to chargeability of benefits.
- ARTICLE 8. — UNEMPLOYMENT COMPENSATION FUND.
- §21A-8-1. — Establishment.
- §21A-8-2. — Administration.
- §21A-8-3. — Commissioner's bond.
- §21A-8-4. — Accounts in fund.
- §21A-8-5. — Clearing account.
- §21A-8-6. — Unemployment trust fund account.
- §21A-8-7. — Deposit with federal government.
- §21A-8-8. — Benefit account.
- §21A-8-9. — Deposit of funds.
- §21A-8-10. — Withdrawals.
- §21A-8-11. — Issuance and signing of warrants; forgery; penalty.
- §21A-8-12. — Unclaimed amounts.
- §21A-8-13. — Termination of state act.
- §21A-8-14. — Transfer of funds to railroad unemployment insurance account.
- §21A-8-2. — Administration.
- ARTICLE 8A. — EMPLOYMENT SECURITY DEBT FUNDS.
- §21A-8A-1. — Commissioner of department of employment security authorized to borrow money to repay funds advanced by the federal government; employment security debt fund established.
- §21A-8A-2. — Employment security debt note fund created; employment security debt bond fund created; pledge of funds for sinking fund.
- §21A-8A-3. — Issuance of revenue bonds or notes.
- §21A-8A-4. — Trust agreement for holders of bonds or notes.
- §21A-8A-5. — Municipal bond commission for payment of bonds or notes.
- §21A-8A-6. — Credit of state not pledged.
- §21A-8A-7. — Bonds or notes exempt from taxation.
- §21A-8A-8. — Assessments; dedication of assessments; commissioner's authority to adjust assessments.
- §21A-8A-9. — West Virginia board of investments to act as board of investments for purposes of this article; powers.
- §21A-8A-10. — Authority of the board of investments.
- §21A-8A-11. — Requirements of loan.
- §21A-8A-12. — Limitations on loan authority.
- §21A-8A-13. — Reports to the Legislature.
- §21A-8A-14. — Termination.
- ARTICLE 9. — UNEMPLOYMENT COMPENSATION ADMINISTRATION FUND.
- §21A-9-1. — Creation; use of federal moneys.
- §21A-9-2. — Appropriation.
- §21A-9-3. — Contents of fund.
- §21A-9-4. — Disbursements.
- §21A-9-5. — Balances not to lapse.
- §21A-9-5a. — Special administration fund.
- §21A-9-6. — Treasurer's bond.
- §21A-9-7. — Employment service account.
- §21A-9-8. — Reimbursement of fund.
- §21A-9-9. — Reed Act appropriations.
- §21A-9-9a. — Repealed.
- ARTICLE 10. — GENERAL PROVISIONS.
- §21A-10-1. — Agreements to waive rights or pay employer's contribution invalid.
- §21A-10-2. — Assignment of benefits invalid; exemption from process; exception.
- §21A-10-3. — Limitation of fees.
- §21A-10-4. — Records and reports; preservation; copies; admissibility; destruction.
- §21A-10-5. — Right to representation by counsel or agent; fees.
- §21A-10-6. — Self-incrimination; perjury.
- §21A-10-7. — False representations; penalties.
- §21A-10-8. — Recovery of benefits paid on misrepresentation; limitations.
- §21A-10-9. — Penalty for deducting employer's contribution or requiring waiver of right.
- §21A-10-10. — General penalty.
- §21A-10-11. — Reporting requirements and required information; use of information; libel and slander actions prohibited.
- §21A-10-12. — Representation of state in civil actions.
- §21A-10-13. — Prosecution and jurisdiction of criminal actions.
- §21A-10-14. — Liability of state for benefits limited to unemployment compensation fund.
- §21A-10-15. — Severability.
- §21A-10-16. — Inconsistent acts repealed.
- §21A-10-17. — Right to amend or repeal chapter; application of certain provisions.
- §21A-10-18. — Change of federal payroll tax.
- §21A-10-19. — Disclosure of information to child support agencies.
- §21A-10-20. — Disclosure of information to food stamp agencies.
- §21A-10-21. — Recovery of benefits paid through error; limitation.
- §21A-10-22. — Disclosure of information to department of housing and urban development.
- ARTICLE 11. — LIMITATIONS ON CERTAIN PROVISIONS.
- §21A-11-1. — Expiration of certain provisions upon certain contingencies.
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