An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1940 |
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Law Number | 224 |
Subjects |
Law Body
Chap. 224.—An ACT to amend and re-enact Section 7 of Chapter 1 of the Acts of
the General Assembly of Virginia of 1936-1937, approved December 18, 1936,
and known, designated and cited as the ‘‘Virginia Unemployment Compensa-
tion Act’, said section relating to taxes. [S B 112]
Approved March 16, 1940
1. Be it enacted by the General Assembly of Virginia, That
section seven of Chapter one of the Acts of the General Assembly of
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 Com-
pensation Act”, be amended and re-enacted so as to read as follows.
Section 7. Contributions. (a) Every employer shall, on or before
January thirty-first, nineteen hundred and thirty-seven, or in the
event the time be extended for filing the return of the tax imposed
by Title IX of the Social Security Act for the taxable year nineteer
hundred and thirty-six, then before the expiration of such extension,
pay to the commission with respect to employment (as defined in
section two (j) of this act) during the year beginning January first
nineteen hundred and thirty-six a tax equal to nine-tenths of one
(0.9%) per centum of wages paid and payable by him, regardless o!
the time of payment, with respect to employment during the calendar
year nineteen hundred and thirty-six.
It is expressly provided that, any other provision or provisions
in this act to the contrary notwithstanding, this act shall not be
construed as imposing upon any employer a tax with respect tc
employment during the calendar year nineteen hundred and thirty.
six greater in amount than such employer shall be entitled to have
allowed as a credit upon the taxes imposed by the Social Security
Act with respect to such employment; provided, however, that the
foregoing shall not be construed as relieving any employer from
liability for any tax imposed by this act where there has been a
failure to obtain a credit on said federal tax due to any act or fault of
commission or omission on the part of the said employer.
(b) On and after January first, nineteen hundred and thirty-
seven, taxes, as hereinafter set forth in this section, shall accrue and
become payable by each employer for each calendar year in which he
is subject to this act, with respect to wages payable for employment
(as defined in section two (j) of this act) occurring in such calendar
year. Such taxes shall become due and be paid by each employer tc
the commission for the fund in accordance with such regulations as
the commission may prescribe. The commission is hereby expressly
authorized to require payment of the taxes aforesaid in monthly,
quarterly, semi-annual or annual payments as shall be determined
by the commission, but the aggregate amount of taxes shall be fully
paid to the commission on or before January thirty-first of each year
next succeeding the year with respect to employment during which
year such taxes are imposed, or in the event the time be extended for
filing the return of the taxes imposed by Title IX of the Social Security
Act for the year for which such taxes are imposed, then before the
expiration of such extension.
Each employer shall pay taxes equal to the following percentages
of wages payable by him with respect to employment:
(1) One and eight-tenths (1.8%) per centum with respect to
employment during the calendar year nineteen hundred and thirty-
seven;
(2) Except as otherwise provided in subsection (d) of this section
of this act, two and seven-tenths (2.7%) per centum with respect to
employment during the calendar year nineteen hundred and thirty-
eight and during each succeeding calendar year; after December
thirty-first nineteen hundred and thirty-nine, wages payable beyond
the last pay period in December shall be considered as wages earned
and payable in the first pay period of the succeeding year, and in-
cluded in reports required for the first reporting period of such year.
(c) Taxes imposed by this act shall not be deducted, in whole
or in part, from the wages of individuals in the employ of any em-
ployer. In the payment of any taxes, a fractional part of a cent
shall be disregarded, unless it amount to one-half cent or more, in
which case it shall be increased to one cent.
(d) For each calendar year commencing after December thirty-
first nineteen hundred and forty, the contribution rate of each em-
ployer (except, however, that the group of employers whose individual
payrolls in each of the three most recently completed consecutive
calendar years are less than ten thousand ($10,000) dollars shall for
the purposes of this sub-section be considered as a single employer),
with respect to whom during the most recent three consecutive
completed calendar years throughout which any individual in his
employ could have received benefits, if eligible, shall be computed as
hereinafter provided. For the purposes of this sub-section the payrolls,
contributions and benefit experience of all employers subject to the
provisions of the Railroad Unemployment Insurance Act shall be
excluded in all computations to determine contribution rates. The
Commission shall notify each such employer of his contribution rate
for such calendar year not later than fifteen days prior to the due
date of the first contribution with respect to employment in such
calendar year, but the failure of any such employer to receive such
notice shall not relieve him from liability for such contribution.
(1) When, in any benefit year, an individual is first paid benefits
for total or partial unemployment, his wages during his base period
shall be termed the individual’s ‘‘benefit wages’’, and shall be treated
for the purposes of this subsection as though they had been paid, by
his employer or employers, in the calendar year in which such benefits
are first paid. For the purposes of this subsection, benefit wages
shall include only the first nine hundred sixty dollars ($960.00) of
wages received by any one individual from any one employer in
such individual’s base period.
(2) The employer’s benefit wages for a given calendar year shall
be the total of the benefit wages of all his employees, or former em-
ployees, which become benefit wages during such calendar year.
(3) The “benefit wage ratio” of each employer shall be the per-
centage equal to the total of the benefit wages of his employees or
former employees, allocated as provided in subparagraph one, (1) to
the most recent three consecutive completed calendar years, divided
by the total of his annual payrolls (on which contributions have
been paid on or before January thirty-first of the calendar year with
respect to which his contribution rate is being computed) for the
same three years.
(4) For any calendar year the “State experience factor” shall
be the total benefits paid from the fund during the most recent three
consecutive completed calendar years, less all amounts credited to
the fund in such years other than employers’ contributions, divided
by the total of the benefit wages of all employers during the same three
consecutive completed calendar years. In such computation any
eons shall be adjusted to the nearest multiple of one per centum
1%).
(5) Subject to the provision of paragraph six of this subsection.
the contribution rate for each employer shall be the percentage at
the base of the lowest numbered column in the following table, in
which on the same line as the current state experience factor, there
appears a percentage equal to or in excess of such employer’s benefit
wage ratio. If no percentage equal to or in excess of such employer’s
benefit wage ratio appears on said line, then such employer's contri-
bution rate shall be two and seven-tenths (2.7%) per centum.
When the Column Column Column Column
1 2 3 4
State
experience ———____-— ——-_-__ SEE
factor is If the employer’s benefit wage ratio does not exceed:
1% or less 100% 150% 200% 250%
2 50 is 100 125
3 33 50 66 83
4 25 38 50 63
5 20 30 40 50
6 17 25 34 42
7 14 21 29 36
8 13 19 25 31
9 11 16 22 28
10 10 15 20 25
11 9 14 18 23
12 8 13 17 21
13 8 12 15 19
14 7 11 14 18
15 7 10 13 17
16 6 9 12 16
17 6 9 12 15
18 6 8 11 14
19 5 8 11 13
20 5 8 10 13
21 5 7 10 12
22 5 7 9 11
23 4 7 9 11
24 4 6 8 10
25 4, 6 8 10
The employer’s contribution rate shall be:
1.0% 1.5% 2.0% 2.9%
(6) At the end of each calendar year, starting on December
thirty-first, nineteen hundred and forty, the balance which shall
stand to the credit of the account of the Commonwealth of Virginia
in the Unemployment Trust Fund in the Treasury of the United
States, including amounts withdrawn therefrom but not expended
at December thirty-first, and excluding any amounts transferable
to the Railroad Unemployment Compensation Fund, shall be com-
pared with the total amount of payrolls upon which contributions
were paid, in the calendar year in which contributions were paid on
the largest total amount of payrolls, disregarding, however, the
amount of payrolls upon which contributions were paid in any calendar
year more than nine years prior to the most recently completed
calendar year.
If such balance is less than four and one-half per centum (414%)
of the largest total amount of payrolls upon which contributions were
paid in any calendar year, the amount by which such balance is less
than such four and one-half (414%) per centum shall be divided by
the sum of the payrolls of all employers upon which contributions
were paid in the most recently completed calendar year and the
quotient adjusted to the nearest multiple of one-tenth of one (1/10%)
per centum. The contribution rate of each employer computed or
determined in accordance with the previous provisions of this sub-
section shall be increased by such adjusted quotient, provided that
no employer’s contribution rate shall thereby be increased to a total
of more than two and seven-tenths (2.7%) per centum.
If such balance is more than five and one-half (514%) per centum
of the largest total amount of payrolls upon which contributions were
paid in any calendar year, the amount by which such balance exceeds
such five and one-half (514%) per centum shall be divided by the
sum of the payrolls of all employers upon which contributions were
paid in the most recently completed calendar year and the quotient
adjusted to the nearest multiple of one-tenth of one (1/10%) per
centum. The contribution rate of each employer computed or de-
termined in accordance with the previous provisions of this sub-
section shall be decreased by such adjusted quotient provided that
no employer’s contribution rate shall in any case thereby be decreased
more than three-tenths (3/10%) of one per centum per annum.
(7) As used in this subsection (d) the term ‘‘contribution rate”’
means the tax or percentage of wages payable by an employer with
respect to employment.
2. An emergency existing, this act shall be in force from its
passage.