2009 West Virginia Code
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• §21A-1-3 Repealed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 Workforce West Virginia created; divisions within Workforce West Virginia created; certain terms defined; employer violator system.
• §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; alternative base period.
• §21A-1A-6 Base period employer; alternative base period employer.
• §21A-1A-7 Base period wages; alternative 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-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; average annual wage; threshold wage.
• §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• §21A-2-1a Repealed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• §21A-2-7 Repealed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-5-3 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.
• §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.