Chap. 446.—An ACT to amend and re-enact Sections 2, 3, 4 and 11 of Chapter
1 of the Acts of the General Assembly of Virginia, extra session, 1936-
1937, approved December 18, 1936, and known, designated and cited as the
Virginia Unemployment Compensation Act. [S B 238]

Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tions two, three, four and eleven of chapter one of the Acts of the
General Assembly of Virginia, extra session, nineteen hundred and
thirty-six-nineteen hundred and thirty-seven, approved December
eighteenth, nineteen hundred and thirty-six, and known, designated and
cited as the Virginia Unemployment Compensation Act, be amended
and re-enacted so as to read as follows:

Section 2. Definitions—As used in this act, unless the context
clearly requires otherwise:

(a) (1) “Annual pay roll” means the total amount of wages
payable by an employer, regardless of the time of payment, for em-
ployment during a calendar year.

(2) “Average annual pay roll” means the average of the annual
pay rolls of any employer for the last three or five preceding calendar
years, whichever is higher.

(b) The “base period” means the first eight of the last nine
completed calendar quarters immediately preceding the first day of
an individual’s benefit year.

(c) “Benefits” means the money payments payable to an indi-
vidual, as provided in this act, with respect to his unemployment.
(d) “Benefit year”, with respect to any individual, means the
fifty-two consecutive week period beginning with the first day of the
week with respect to which benefits are first payable to him, and there-
after, the fifty-two consecutive week period beginning with the first
day of the first week with respect to which benefits are next payable
to him after the termination of his last preceding benefit year.

(e) “Calendar quarter” means the period of three consecutive
calendar months ending on March thirty-first, June thirtieth, Septem-
ber thirtieth or December thirty-first, excluding, however, any calen-
dar quarter or portion thereof which occurs prior to January first,
nineteen hundred and thirty-seven, or the equivalent thereof as the
commission may by regulation prescribe.

({) “Commission” means the Unemployment Compensation Com-
mission established by this act.

(g) “Contributions” means the taxes imposed by and collectible
under this act.

(_h) “Employing unit” means any individual or type of organi-
zation, including any partnership, association, trust, estate, joint-stock
company, insurance company or corporation, whether domestic or
foreign, or the receiver, trustee in bankruptcy, trustee or successor
thereof, or the legal representative of a deceased person, which has
or subsequent to January first, nineteen hundred and thirty-six, had
in its employ one or more individuals performing services for it
within the State. All individuals performing services within this State
for any employing unit which maintains two or more separate estab-
lishments within this State shall be deemed to be employment by a
single employing unit for all the purposes of this act. Whenever any
employing unit contracts with or has under it any contractor or sub-
contractor for any employment which is part of its usual trade, occu-
pation, profession, or business, unless the employing unit as well as
each such contractor or subcontractor is an employer by reason of
section two (i), or section eight (c) of this act, the employing unit
shall for all the purposes of this act be deemed to employ each individ-
ual in the employ of each such contractor or subcontractor for each
day during which such individual is engaged in performing such em-
ployment; except that each contractor or subcontractor who is an
employer by reason of section two (1) or section eight (c) of this act
shall alone be deemed to be the employer of and be liable for the
contributions measured by wages payable to individuals in his employ,
and in the employ of any other contractor or subcontractor under him
who is not an employer under this act, and except that any employing
unit who shall become liable for and pay contributions with respect
to individuals in the employ of any such contractor or subcontractor
who is not an employer by reason of section two (1) or section eight
(c) of this act, may recover the same from such contractor or sub-
contractor. Each individual employed to perform or to assist 1n per-
forming the work of any agent or employee of an employing unit
shall be deemed to be employed by such employing unit for all the
purposes of this act, whether such individual was hired or paid directly
by such employing unit or by such agent or employee, provided the
employing unit had actual or constructive knowledge of such work.

(1) “Employer” means:

(1) Any employing unit which for some portion of a day, but
not necessarily simultaneously, in each of twenty different weeks,
whether or not such weeks are or were consecutive, within either
the current or the preceding calendar year, has or had in employment,
eight or more individuals, irrespective of whether the same individuals
are or were employed in each such day;

(2) Any employing unit which acquired the organization, trade
or business, or substantially all the assets thereof, of another which
at the time of such acquisition was an employer subject to this act;

(3) Any employing unit which acquired the organization, trade
or business, or substantially all the assets thereof, of another employ-
ing unit and which, if treated as a single unit with such other em-
ploying unit, would be an employer under paragraph (one) of this
sub-section ;

(4) Any employing unit which together with one or more other
employing units, is owned or controlled, by legally enforceable means
or otherwise, directly or indirectly by the same interests, or which owns
or controls one or more other employing units, by legally enforceable
means or otherwise, and which, if treated as a single unit with such
other employing unit, would be an employer under paragraph (one)
of this subsection ;

(5) Any employing unit which, having become an employer under
paragraph (one), “two), (three), or (four) of this subsection, has
not, under section eight, ceased to be an employer subject to this act;
or

(6) For the effective period of its election pursuant to section
eight, (c) any other employing unit which has elected to become fully
subject to this act.

(j}) (1) Sub:ect to the provisions of this subsection (j) “em-
ployment” means service, including service in interstate commerce,
performed for remuneration or under any contract of hire, written or
oral, express or implied.

(2) The term “employment” shall include 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 1s performed in this State and (1) 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.
(3) Services performed within this State but not covered under
ygraph (2) of this subsection shall be deemed to be employment
ject to this act if contributions are not required and paid with
sect to such services under an unemployment compensation law of
other State or of the Federal Government.

(4) Services not covered under paragraph (2) of this subsection,

performed entirely without this State, with respect to no part
which contributions are required and paid under ‘an unemployment
ipensation law of any other State or of the Federal Government,
ll be deemed to be employment subject to this act if the individual
forming such services is a resident of this State and the commission
roves the election of the employing unit for whom such services
performed that the entire service of such individual shall be deemed
be employment subject to this act.

(5) Service shall be deemed to be localized within a State i

(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 the State, for example is tem-
porary or transitory in nature or consists of isolated transactions.

(6) Services performed by an individual for remuneration shall
deemed to be employment subject to this act unless;

(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; or such individual, in the
performance of such service, is engaged in an independently estab-
lished trade, occupation, profession or business.

(7) The term “employment” shall not include:

(A) Service performed in the employ of this State, or of
any political subdivision thereof, or of any instrumentality of this
State or its political subdivisions.

(B) Service performed in the employ of any other State,
or its political subdivisions, or of the United States Government,
or of any instrumentality of any other State or States or their
political subdivisions or of the United States;

(C) Service with respect to which unemployment compensa-
tion is payable under an unemployment compensation system es-
tablished by an Act of Congress; provided, that the commission is
hereby authorized and directed to enter into agreements with the
proper agencies under such Act of Congress, which agreements
shall become effective ten days after publication thereof in the
manner provided in section eleven (b) of this act for general rules
to provide reciprocal treatment to individuals who have, after ac-
quiring potential rights to benefits under this act, acquired right:
to unemployment compensation under such Act of Congress, o1
who have, after acquiring potential rights to unemployment com-
pensation under such Act of Congress, acquired rights to benefit:
under this act;

(D) Agricultural labor;
(E) Domestic service in a private home;

(F') Service performed as an officer or member of the crew
of a vessel on the navigable waters of the United States;

(G) Service performed by an individual in the employ of his
son, daughter, or spouse, and service performed by a child under
the age of twenty-one in the employ of his father or mother;

(1) Service performed in the employ of a corporation, com-
munity chest, fund, or foundation, organized and operated exclusively
for religious, charitable, scientific, literary, or educational purposes,
or for the prevention of cruelty to children or animals, no part of
the net earnings of which inures to the benefit of any private share-
holder or individual.

(k) “Employment office’ means a free public employment office,
branch thereof, operated by this State or maintained as a part of a
ite-controlled system of public employment offices.

(1) “Fund” means the unemployment compensation fund estab-
ied by this act, to which all contributions required and from which
benefits provided under this act shall be paid.

(m) “Total unemployment”.—An individual shall be deemed “to-
y unemployed” in any week during which he performs no services
l with respect to which no wages are payable to him. An individ-
’s week of total unemployment shall be deemed to commence only
pr his registration pursuant to section four (a) of this act. As used
this subsection, the term ‘“‘wages” shall not include remuneration for
| jobs and subsidiary work, and the term “services” shall not in-
de odd jobs and subsidiary work.

(n) “State”, when not referring to the Commonwealth of Vir-
1a, includes, in addition to the States of the United States of America,
ska, Hawaii, and the District of Columbia.

(0) “Social Security Act” means the act enacted by the Congress
he United States, approved the fourteenth day of August, nineteen
idred and thirty-five, entitled “An act to provide for the general
fare by establishing a system of Federal old-age benefits, and by
bling the several States to make more adequate provision for aged
sons, blind persons, dependent and crippled children, maternal and
d welfare, public health, and the administration of their unemploy-
it compensation laws; to establish a Social Security Board; to raise
enue ; and for other purposes,” and amendments thereof.

(p) “Partial unemployment.”—An individual shall be deemed
rtially unemployed” in any week of less than full-time work if the
wages payable to him for such week are less than the weekly benefit
amount he would be entitled to receive if totally unemployed and eli-
gible. As used in this subsection, the term “wages” shall not include
remuneration for odd jobs and subsidiary work, and the term “services”
shall not include odd jobs and subsidiary work.

(q) “Unemployment compensation administration fund” meuns the
unemployment compensation administration fund established by this
act, from which administrative expenses under this act shall be paid.

(r) “Wages” means all remuneration payable for personal ser-
vices, including commissions and bonuses and the cash value of all
remuneration payable in any medium other than cash. Gratuities custo-
marily received by an individual in the course of his employment from
persons other than his employing unit shall be treated as wages payable
by his employing unit. The reasonable cash value of remuneration
payable in any medium other than cash, and the reasonable average
amount of gratuities, shall be estimated and determined in accordance
with rules prescribed by the commission.

(s) “Week” means calendar week, ending at midnight Saturday,
or the equivalent thereof as determined in accordance with regulations
prescribed by the commission.

(t) “Weekly benefit amount.”—An individual’s “weekly benefit
amount” means the amount of benefits he would be entitled to receive
for one week of total unemployment prior to any deductions therefrom
for remuneration for odd jobs and subsidiary work. An individual’s
weekly benefit amount, as determined for the first week of his benefit
year, shall constitute his weekly benefit amount throughout such year.

Section 3. Benefits—(a) Payment of Benefits——Twenty-four
months after the first day of the first period with respect to which
contributions are required under this act, benefits shall become payable
from the fund. All benefits shall be paid through employment offices,
in accordance with such regulations as the commission may prescribe.

(b) Weekly Benefit Amount for Total Unemployment—Each
eligible individual who is totally unemployed in any week shall be paid
with respect to such week, benefits at the rate of fifty per centum of his
full time weekly wage, but not more than fifteen dollars per week or
less than three dollars per week. But there shall be deducted from
the weekly benefit amount so determined four-fifths of that part of
remuneration payable to such individual with respect to such week for
odd jobs and subsidiary work which is in excess of two dollars.

(c) Weekly Benefit for Partial Unemployment.—Each eligible indi-
vidual who is partially unemployed in any week shall be paid with respect
to such week a partial benefit. Such partial benefit shall be an amount
equal to the difference between his weekly benefit amount as defined
in section two (t) and four-fifths of his wages. As used in this sub-
section, the term “wages” shall not include that part of remuneration
for odd jobs and subsidiary work which is less than two dollars.

(d) Determination of Full-Time Weekly Wage.—(1) The full-
time weekly wage of any individual means the weekly wages that such
individual would receive if he were employed at the most recent wage
rate earned by him in employment for an employer in his base period
and for the customary scheduled full-time week prevailing for his
occupation in the enterprise in which he last earned wages in employ-
ment for an employer during his base period.

(2) I£ the commission finds that the full-time weekly wage, as
above defined, would be unreasonable or arbitrary or not readily de-
terminable with respect to any individual, the full-time weekly wage
of such individual shall be deemed to be one-thirteenth of his total wages
earned by him in employment for an employer in that quarter in which
such total wages were highest during his base period.

(e) Duration of Benefits—The maximum total amount of bene-
fits payable to any eligible individual during any benefit year shall not ex-
ceed the balance credited to his account with respect to wages earned in
employment for employers during his base period or sixteen times his
weekly benefit amount, whichever is the lesser. The commission shall
maintain a separate account for each individual who subsequent to
January first, nineteen hundred and thirty-seven, earns wages in employ-
ment for an employer. After the expiration of each calendar quarter,
the commission shall credit each such account with one-sixth of such
wages earned by such individual during such quarter, or sixty-five dol-
lars, whichever is the lesser. Benefits paid to an eligible individual
shall be charged against amounts, credited to his account on the basis
of such wages earned during his base period, which have not previously
been charged hereunder, in the same chronological order as the wages
on the basis of which such amount were computed, were earned.

Section 4. Benefit Eligibility Conditions—An unemployed indi-
vidual shall be eligible to receive benefits with respect to any week only
if the commission finds that—

(a) He has registered for work at and thereafter has continued
to report at an employment office in accordance with such regulations
as the commission may prescribe, except that the commission may, by
regulation, waive or alter either or both of the requirements of this
subsection as to such types of cases or situations with respect to which
it finds that compliance with such requirements would be oppressive,
or would be inconsistent with the purpose of this act.

(b) He has made a claim for benefits in accordance with the pro-
visions of section six (a) of this act.

(c) He is able to work, and is available for work.

(d) Prior to any week for which he claims benefits, he has been
totally unemployed for a waiting period of two weeks with respect to
which he received no benefits but during which he was eligible for
benefits in all other respects, except for the requirements of subsec-
tions (b) and (e) of this section, and was not disqualified for benefits
under any provision of section five of this act. Such two weeks of
total unemployment need not be consecutive, but shall be accumulated
over the period of thirteen consecutive weeks preceding any week for
which he claims benefits, provided that this requirement shall not inter-
rupt the payment of benefits for consecutive weeks of unemployment ;
and provided further that such two weeks of total unemployment occur
after benefits first could become payable to any individual under this
act. For the purpose of computing such waiting period, two weeks
of partial unemployment shall be counted as one week of total unemploy-
ment.

(e) He has within the first four out of the last five completed
calendar quarters immediately preceding the first day of his benefit year,
earned wages in employment for employers equal to not less than six-
teen times his weekly benefit amount.

({) Part-Time Workers.—

(1) As used in this subsection the term “part-time worker” means
an individual whose normal work is in an occupation in which the com-
mission finds that his services are not required for the customary
scheduled full-time hours prevailing in the establishment in which he
is employed or who, owing to personal circumstances, does not custo-
marily work the customary scheduled full-time hours prevailing in the
establishment in which he is employed.

(2) The commission shall prescribe fair and reasonable general
rules, not inconsistent with general law, applicable to part-time workers
for determining their full-time weekly wage and the period for earn-
ing and the amount of the total wages for employment by employers
required to qualify such workers for benefits.

(g) Seasonal workers.—

(1) As used in this section, the term “seasonal industry’ means
an occupation or industry in which, because of the seasonal nature
thereof it 1s customary to operate only during a regularly recurring
period or periods of less than forty weeks. The commission shall, after
investigation and hearing, determine, and may hereafter from time to
time redetermine, the longest seasonal period or periods during which,
by the best practice of the occupation or industry in question, operations
are conducted. Until such determination by the commission, no oc-
cupation or industry shall be deemed seasonal.

(2) The term “seasonal worker” means an individual who is
ordinarily engaged in a seasonal industry and who, during the portion
or portions of the year when such industry is not in operation, is
ordinarily not engaged in any other work.

(3) The commission shall prescribe fair and reasonable general
rules, not inconsistent with general law, applicable to seasonal workers
for determining the period for earning and the amount of the total
wages required to qualify such workers for benefits and the period
during which benefits shall be payable to them. The commission may
prescribe fair and reasonable general rules with respect to such other
matters relating to benefits for seasonal workers as the commission
finds necessary and consistent with the policy and purposes of this act.

Section 11. Administration—(a) Duties and Powers of Com-
mission.—It shall be the duty of the commission to administer this act:
and it shall have power and authority to adopt, amend, or rescind such
rules and regulations, to employ such persons, make such expenditures,
require such reports, make such investigations, and take such other
action as it deems necessary or suitable to that end. Such rules and
regulations shall be effective upon publication in the manner, not in-
consistent with the provisions of this act, which the commission shall
prescribe. The commission shall determine its own organization and
methods of procedure in accordance with the provisions of this act,
and shall have an official seal which shall be judicially noticed. Not
later than the first day of February of each year, the commission
shall submit to the Governor a report covering the administration
and operation of this act during the preceding calendar year and
shall make such recommendations for amendments to this act as the
commission deems proper. Such report shall include a balance sheet
of the moneys in the fund and in the Unemployment Trust Fund
to the credit of the State in which there shall be provided, if possible,
a reserve against the liability in future years to pay benefits in excess
of the then current contributions, which reserve shall be set up by the
commission in accordance with accepted actuarial principles on the
basis of statistics of employment, business activity, and other relevant
factors for the longest possible period. Whenever the commission be-
lieves that a change in contribution or benefit rates will become neces-
sary to protect the solvency of the fund, it shall promptly so inform
the Governor and the General Assembly, and make recommendations
with respect thereto.

(b) Regulations and General and Special Rules——General and
special rules may be adopted, amended, or rescinded by the commission
only after public hearing or opportunity to be heard thereon, of which
proper notice has been given. General rules shall become effective ten
days aiter filing with the Secretary of the Commonwealth and publica-
tion in one or more newspapers of general circulation in this State.
Special rules shall become effective ten days after notification to or
mailing to the last known address of the individuals or concerns affected
thereby. Regulations may be adopted, amended, or rescinded by the
commission and shall become effective in the manner and at the time
prescribed by the commission.

(c) Publication——-The commission shall cause to be printed for
distribution to the public the text of this act, the commission’s regula-
tions and general rules, its annual reports to the Governor, and any
other material the commission deems relevant and suitable and shall
furnish the same to any person upon application therefor.

(d) Personnel.—Subject to other provisions of this act, the com-
mission is authorized to appoint, fix the compensation, and prescribe
the duties and powers of such officers, accountants, experts, and other
persons as may be necessary in the performance of its duties. All
positions shall be filled by persons selected and appointed on a non-
partisan merit basis. All salaries or remunerations in excess of one
thousand dollars per annum shall first be approved by the Governor.
The commission may delegate to any such person so appointed such
power and authority as it deems reasonable and proper for the effective
administration of this act, and may in its discretion require bond, pay-
able to the State, from any person handling moneys or Bi gaitnig checks
hereunder.

(e) Advisory Councils—-The commission may appoint a State
advisory council and local advisory councils, composed in each case
of an equal number of employer representatives and employee represen-
tatives who may fairly be regarded as representatives because of their
vocation, employment, or affiliations, and of such members represent-
ing the general public as the commission may designate; the members
of such councils shall serve at the pleasure of the commission. Such
councils shall aid the commission in formulating policies and discussing
problems related to the administration of this act and in assuring inpar-
tiality and freedom from political influence in the solution of such prob-
lems. Such advisory councils shall serve without compensation, but
shall be re1mbursed for any necessary expenses.

(f) Employment Stabilization—-The commission, with the advice
and aid of such advisory councils as it may appoint, and through its
appropriate divisions, shall take all appropriate steps to reduce and pre-
vent unemployment; to encourage and assist in the adoption of prac-
tical methods of vocational training, retraining and vocational guidance;
to investigate, recommend, advise, and assist in the establishment and
operation, by municipalities, counties, school districts, and the State,
of reserves for public works to be used in times of business depression
and unemployment ; to promote the re-employment of unemployed work-
ers throughout the State in every other way that may be feasible; and
to these ends to carry on and publish the results of investigations and
research studies.

(g) Records and Reports.—Each employing unit shall keep true
and accurate work records, containing such information as the commis-
sion.may prescribe. Such records shall be open to inspection and be
subject to being copied by the commission or its authorized represen-
tatives at any reasonable time and as often as may be necessary. The
commission may require from any employing unit any sworn or un-
sworn reports, with respect to persons employed by it, which the
commission deems necessary for the effective administration of this act.
Information thus obtained shall not be published or be open to public
inspection, other than to public employees in the performance of their
public duties, in any manner revealing the employing unit’s identity,
but any claimant at a hearing before an appeal tribunal or the com-
mission shall be supplied with information from such records to the
extent necessary for the proper presentation of his claim. Any mem-
ber or employee of the commission who violates any provision of this
section shall be fined not less than twenty dollars nor more than two
hundred dollars, or F Bowmen in jail for not longer than ninety days, or
both.

(h) Study.—The commission shall investigate and study the opera-
tion of this act upon the basis of the actual contributions and benefit
experience hereunder with a view to classifying or grouping employers,
employments, occupations and industries with respect to the frequency
and severity of unemployment of each taking due account of any rele-
vant and measurable factors relating thereto for the purpose of deter-
mining the practicability of establishing a rating system which will
most equitably operate to rate the unemployment risk and fix the con-
tribution to such fund of each employer, group of employers, employ-
ment, occupation and industry, and to encourage the stabilization of
employment therein. The commission shall report its findings and
recommendations concerning this matter to the Governor not later than
December first, nineteen hundred and thirty-nine, for transmission to
the next succeeding session of the General Assembly.

(1) Oaths and Witnesses.—In the discharge of the duties imposed
by this act, the chairman of an appeal tribunal and any duly authorized
representative or member of the commission shall have power to ad-
minister oaths and affirmations, take depositions, certify to official acts,
and issue subpoenas to compel the attendance of witnesses and the
production of books, papers, correspondence, memoranda, and other
records deemed necessary as evidence in connection with a disputed
claim or the administration of this act.

(j) Subpoenas.—In case of contumacy by, or refusal to obey a
subpoena issued to any person, any court of this State within the
jurisdiction of which the inquiry is carried on or within the jurisdic-
tion of which said person guilty of contumacy or refusal to obey is
found or resides or transacts business, upon application by the com-
mission or its duly authorized representative, shall have jurisdiction to
issue to such person an order requiring such person to appear before
an appeal tribunal, a commissioner, the commission, or its duly author-
ized representative, there to produce evidence if so ordered or there to
give testimony touching the matter under investigation or in question;
and any failure to obey such order of the court may be punished by
said court as a contempt thereof. Any person who shall, without just
cause, fail or refuse to attend and testify or to answer to any lawful
inquiry or to produce books, papers, correspondence, memoranda and
other records, if in his power so to do, in obedience to the subpoena
of the commission, shall be guilty of a misdemeanor, and, upon convic-
tion shall be subject to a fine of not more than one thousand dollars
or to imprisonment for a term of not more than one year, or both;
each day such violation continues shall be deemed to be a separate
offense.

(k) Protection Against Self-Incrimination—No person shall be
excused from attending and testifying or from producing books, papers,
correspondence, memoranda, and other records before the commission
or in obedience to the subpoena of the commission or any member
thereof or any duly authorized representative of the commission in
any cause or proceeding before the commission, on the ground that
the testimony or evidence, documentary or otherwise, required of him
may tend to incriminate him or subject him to a penalty or forfeiture ;
but no individual shall be prosecuted or subjected to any penalty or
forfeiture for or on account of any transaction, matter, or thing con-
cerning which he is compelled, after having claimed his privilege against
self-incrimination, to testify or produce evidence, documentary or other-
wise, except that such individual so testifying shall not be exempt
from prosecution and punishment for perjury committed in so testifying.

(1) State-Federal Cooperation—In the administration of this act,
the commission shall cooperate to the fullest extent consistent with the
provisions of this act, with the Social Security Board, created by the
Social Security Act; shall make such reports, in such form and con-
taining such information as the Social Security Board may from time
to time require, and shall comply with such provisions as the Social
Security Board may from time to time find necessary to assure the
correctness and verification of such reports; and shall comply with the
regulations prescribed by the Social Security Board governing the
expenditures of such sums as may be allotted and paid to this State
under Title III of the Social Security Act for the purpose of assisting
in the administration of this act.

Upon request therefor, the commission shall furnish to any agency
of the United States charged with the administration of public works
or assistance through public employment, the name, address, ordinary
occupation, and employment status of each recipient of benefits and
such recipient’s rights to further benefits under this act.

(m) Reciprocal Agreements.—Subject to the approval of the
Governor, the commission is hereby authorized to enter into arrange-
ments with the appropriate agencies of other States or the federal
government whereby individuals performing services in this and other
States for a single employing unit under circumstances not specifically
provided for in section two (j) of this act, or under similar provisions
in the unemployment compensation laws of such other States, shall be
deemed to be engaged in employment performed entirely within this
State or within one of such other States and whereby potential rights
to benefits accumulated under the unemployment compensation laws
of one or more States or under such a law of the federal government,
or both, may constitute the basis for the payment of benefits through
a single appropriate agency of any State under terms which the com-
mission finds will be fair and reasonable as to all affected interests and
will not result in any substantial loss to the fund.