CHAPTER 136

An Act to amend and reenact §§ 60-10, 60-26, 60-42 as amended, 60-44,
60-45.2, 60-47 as amended, 60-67 as amended, 60-68 as amended, 60-70
as amended, 60-71 as amended, 60-72 as amended, 60-73 as amended,
60-78.1 as amended, 60-75 as amended and 60-76.2 of the Code of
Virginia, the amended sections pertaining to the “Virginia Unem-
ployment Compensation Act’ and relating to the definition of the
Commission and the composition thereof, the weekly benefit amount,
benefit rights, the disqualification for benefits, the eligibility of em-
ployers for a reduction in the maximum contribution rate, the in-
dividual’s benefit wages, the employer’s benefit wage ratio, the state
experience factor, the employer’s contribution rate, the increase of
the employer’s contribution rate, the decrease of contributions by the
application of credits, the acquisition of the business of an employing
unit by another and the notice when employer’s contributions are
delinquent.

[S 124]

Approved March 2, 1960

Be it enacted by the General Assembly of Virginia:
1. That §§ 60-10, 60-26, 60-42, as amended, 60-44, 60-45.2, 60-47 as
amended, 60-67 as amended, 60-68 as amended, 60-70 as amended, 60-71
as amended, 60-72 as amended, 60-73 as amended, 60-73.1 as amended,
60-75 as amended and 60-76.2 of the Code of Virginia be amended and
reenacted as follows:

§ 60-10.—‘Commission” means the * Virginia Employment Commis-
sion. Wherever in this Title, Code, or any act of the General Assembly the
term Unemployment Compensation Commission is used it shall mean the
Virginia Employment Commission.

§ 60-26.—The * Virginia Employment Commission shall consist of one
Commissiorer, hereafter in this title called the “Commissioner”, who shall
be appointed by the Governor for a term of four years, subject to con-
firmation by the General Assembly, if in session when such appointment
is made, and if not in session, then at its next succeeding session. Ap-
pointments to fill vacancies shall be for the unexpired terms. The Com-
missioner may be suspended or removed by the Governor at his pleasure,
hes shall receive such compensation as may be provided in accordance
with law.

The Commissioner of Labor shall no longer be a member of the
Commission, but he shall give his full cooperation and assistance to the
Commission in the administration of this title.

§ 60-42.—With respect to all claims filed on or after * the effective date
of this section, an eligible individual’s weekly “benefit amount” shall be the
amount appearing in Column B in the “Benefit Table” in this section on
the line on which in Column A of such table, there appears the total wages
for insured work earned by such individual in that quarter of his base
period in which such total wages were highest. With respect to all claims
filed prior to the effective date of this section an eligible individual’s
weekly “benefit amount” shall be computed under the provisions of this
section in force on the date such claim was filed.
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§ 60-44.—Benefit rights of individuals shall be based solely upon the
yenefit year as defined in § 60-8.1.

§ 60-45.2.—On and after * the effective date of this section, the maxi-
num total amount of benefits payable to any individual during any benefit
year shall be determined from the “Benefit Table” shown in § 60-42, but in
no case shall such maximum exceed * twenty times such individual’s weekly
benefit amount. Such determination shall be based only upon wages
earned in insured work during such individual’s base period. The Com-
mission shall maintain a separate account for each individual who subse-
quent to January first, 1937, earns wages in insured work. After the
expiration of each calendar quarter the Commission shall credit each
individual’s account with the wages earned by him in insured work in
such calendar quarter.

§ 60-47.—An individual shall be disqualified for benefits, but only after
having served a waiting period as provided in § 60-46:

(a) For seven consecutive weeks, if it is determined by the Commission
that such individual is, during any week for which he claims benefits,
unemployed because he left work voluntarily without good cause.

(b) For not less than seven nor more than eleven consecutive weeks,
if it is determined that such individual is, during any week for which he
claims benefits, unemployed because he has been discharged for misconduct
connected with his work.

(c) For not less than seven nor more than eleven consecutive weeks,
if it is determined by the Commission that such individual has failed, with-
out good cause, either to apply for available, suitable work when so
directed by the employment office or the Commission or to accept
suitable work when offered him. A disqualification under this subsection
shall be imposed for weeks following the weeks during which any dis-
qualification may have been imposed under subsections (a) or (b) of this
section.

In determining whether or not any work is suitable for an individual,
the Commission shall consider the degree of risk involved to his health,
safety and morals, his physical fitness and prior training, his experience,
his length of unemployment and the accessibility of the available work from
his residence.

Notwithstanding any other provisions of this title, no work shall be
deemed suitable and benefits shall not be denied under this title to any
otherwise eligible individual for refusing to accept new work under any
of the following conditions: (1) If the position offered is vacant due direct-
ly to a strike, lockout, or other labor dispute; (2) if the wages, hours or
other conditions of the work offered are substantially less favorable to
the individual than those prevailing for similar work in the locality; (3)
if as a condition of being employed the individual would be required to
join a company union or to resign from or refrain from joining any bona
fide labor organization.

(d) For any week with respect to which the Commission finds that
his total or partial unemployment is due to a stoppage of work which
exists (1) because of a labor dispute at the factory, establishment, or other
premises (including a vessel) at which he is or was last employed, or (2)
because of a labor dispute at a factory, establishment or other premises
(including a vessel) either within or without this State, which (a) is owned
or operated by the same employing unit which owns or operates the
premises at which he is or was last employed and (b) supplies materials or
services necessary to the continued and usual operation of the premises
at which he is or was last employed, provided that this subsection shall not
apply if it is shown to the satisfaction of the Commission that:

(1) He is not participating in or financing or directly interested in
the labor dispute which caused the stoppage of work; and
(2) He does not belong to a grade or class of workers of which, imme-
diately before the commencement of the stoppage, there were members
employed at the premises (including a vessel) at which the stoppage occurs,
any wa whom are participating in or financing or directly interested in the

ispute.

Provided, that if in any case separate branches of work which are
commonly conducted as separate businesses in separate premises are con-
ducted in separate departments of the same premises, each such depart-
ment shall, for the purposes of this subsection, be deemed to be a separate
factory, establishment or other premises. Provided further, that mere
membership in a union, or the payment of regular dues to a bona fide labor
organization, shall not alone constitute financing a labor dispute.

(e) When an individual is disqualified for benefits under subsections
(a) or (b) or (c) of this section, the total amount of benefits to which he
may otherwise be entitled in accordance with §§ 60-41 to 60-45.2 shall be
reduced by an amount equal to the product of the number of weeks for
which he shall be disqualified multiplied by his weekly benefit amount.

§ 60-67.—For each calendar year commencing after December thirty-
first, nineteen hundred * sixty, the contribution rate of each employer,
whose experience rating account has been chargeable with benefit wages
throughout the most recent twelve completed calendar * month period end-
ng on the thirtieth day of June of the calendar year immediately preceding
the calendar year for which a contribution rate is being determined, shall be
computed as hereinafter provided. * The Commission shall notify each
such employer of his contribution rate for such calendar year not later
than * the thirty-first day of December immediately preceding such year,
but the failure of any such employer to receive such notice shall not
relieve him from liability for such contribution.

§ 60-68.—Effective * July first, nineteen hundred * sixty, when in any
benefit year an individual is paid benefits equal to three times his weekly
benefit amount his wages during his base period shall be termed the
individual’s “benefit wages”. If such individual’s unemployment is caused
by separation from an employer subject to this title, such individual’s
“benefit wages” shall be treated for the purposes of this article as though
they had been paid by such employer in the calendar year in which such
benefits are first paid. The employer from whom such individual was
separated, resulting in the current period of unemployment, shall be the
most recent employer for whom such individual has performed services
for remuneration during thirty days, whether or not such days are con-
secutive. For the purposes of this article, “benefit wages” shall include
only the first two thousand five hundred and * sixty dollars of wages re-
ceived by any one individual from all employers in such individual’s
base period.

An individual’s “benefit wages” shall not be treated as though they had
been paid by an employer subject to this title if such employer is deemed
to have paid, under this section, other “benefit wages’’ of such individual
arising out of the same separation from work.

No “benefit wages” shall be deemed to have been paid by any employer
of an individual whose separation from the work of such employer arose as
a result of a violation of the law by such individual, which violation led to
confinement in any jail or prison.

§ 60-70.—The “benefit wage ratio” of each employer for a given calen-
dar year shall be the percentage equal to the employer’s benefit wages for
the * twelve consecutive calendar month period ending on the thirtieth day
of June immediately preceding that calendar year, divided by the total of his
* payroll for the same * period except that for an employer whose account
has been chargeable with benefit wages for * thirty-six or more consecutive
completed calendar * months, the “benefit wage ratio” shall be the per-
centage equal to the employer’s benefit wages for the most recent * thirty-
six consecutive completed calendar month period ending on the thirtieth
day of June immediately preceding | that calendar year, divided by the
total of his * payrolls for the same * period, and for an employer whose
account has been chargeable with benefit wages for * twenty-four but less
than * thirty-six consecutive completed calendar * months the “benefit
wage ratio” shall be the percentage equal to the employer’s benefit wages
for the most recent * twenty-four consecutive completed calendar month
period ending on the thirtieth day of June immediately preceding that
calendar year divided by his * payroll for the same * period. The term *
“payroll(s)”’ as used herein means the payroll on which contributions have
been paid on or before * July 31 * immediately following such June 30.

60-71.—For any calendar year the ‘“‘State experience factor” shall be
the total benefits paid from the fund during the most recent thirty-six con-
secutive completed calendar * month period ending June 30 of the 1mme-
diately preceding calendar year, less all amounts credited to the fund in
such * period other than employer’s contributions, divided by the total of
the “‘benefit wages” of all individuals as determined pursuant to § 60-68
during the same * pertod. In such computation any fraction shall be
adjusted to the nearest multiple of one per centum.

§ 60-72.—Subject to the provision of § 60-73, the contribution rate for
each employer shall be the percentage at 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 the employer’s benefit wage
ratio, calculated to the nearest multiple of one-tenth of one per centum.
If no percentage appearing in the same line of the table is equal to such
benefit wage ratio the * next highest * percentage immediately to the right
in the same line * shall determine the rate. * If no percentage equal to or in
excess of such employer’s benefit wage ratio appears on such line, then
such employer’s contribution rate shall be two and seven-tenths per
centum.
When the
State
Experience

Factor is

ee

1% or leas

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nC ~~ CO
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If the employer’s benefit wage ratio does not exceed:

0.4%
0.4
0.3
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1

The employer’s contribution rate shall be:

0.1%

0.8%
0.7
0.6
0.6
0.5
0.5
0.4
0.4
0.4
0.8
0.8
0.8
0.8
0.8
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2

0.2%

1.7%
1.4
1.2
1.1
1.0
0.9
0.8
0.8
0.7
0.7
0.6
0.6
0.6
0.5
0.5
0.5
0.5
0.4
0.4
0.4
0.4
0.4
0.4
0.8
0.8

0.8%

8.38%
2.9
2.5
2.2
2.0
1.8
1.7
1.5
1.4
1.8
1.2
1.2
1.1
1.1
1.0
1.0
0.9
0.9
0.8
0.8
0.8
0.7
0.7
0.7
0.7

0.4%

2.1

1.7

1.5

1.8
1.3

1.0
1.0

0.5%

6.7%

5.7
5.0
4.4
4.0
8.6
8.8
3.1
2.9
2.7
2.6
2.4
2.2
2.1
2.0
1.9
1.8
1.7
1.7
1.6
1.5
1.5
1.4
1.4
1.3

0.6%

8.8%

7.1
6.2
5.6
5.0
4.5
4.2
3.8
3.6
8.8
8.1
2.9
2.8
2.6
2.5
2.4
2.8
2.2
2.1
2.0
1.9
1.9
1.8
1.7
1.7

0.7%

10.0%

8.6
7.5
6.7
6.0
5.5
5.0
4.6
4.3
4.0
3.7
3.5
3.8
8.2
8.0
2.9
2.7
2.6
2.6
2.4
2.8
2.2
2.1
2.1
2.0

0.8%

11.7%

10.0
8.7
7.8
7.0
6.4
5.8
5.4
5.0
4.7
4.4
4.1
8.9
2.7
3.5
8.3
8.2
3.0
2.9
2.8
2.7
2.6
2.5
2.4
2.3

0.9%

Col.
10

18.8%

11.4

10.0
8.9
8.0
7.3
6.7
6.2
5.7
5.8
5.0
1.7
4.4
4.2
4.0
8.8
8.6
3.5
3.3
3.2
3.1
3.0
2.9
2.8
2.7

1.0%

15.0%
12.9
11.8
10.0
9.0
8.2
7.5
6.9
6.4
6.0
5.6
5.8
5.0
4.7
4.6
4.3
4.1
3.9
3.7
3.6
3.5
3.3
8.2
8.1
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1.1%

16.7%
14.8
12.5
11.1
10.0
9.1
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7.1
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6.2
5.9
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5.8
5.0
4.8
4.6
4.3
4.2
4.0
8.8
8.7
8.6
8.4
8.8

1.2%

1.8%
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§ 60-73.— * As of * the beginning of * the first day of July, nineteen
hundred * sixty-one, and as of the beginning of the first day of July of each
succeeding calendar year, 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, * shall be compared with the average of
taxable payrolls on which contributions were paid during the * preceding
thirty-six calendar * months.

If such balance is less than five per centum * of the average of such
taxable payrolls an adjustment factor shall be added to the contribution
re Sal of each employer for * the * calendar year following such first day
) Y.

*

Such adjustment factor shall be equal to one-quarter of the difference,
calculated to the nearest one-tenth of one per centum, between such per-
centage balance and six per centum of the average of such taxable pay-
rolls. Such adjustment factor shall remain in effect throughout the entire
calendar year for which it is added.

No employer’s contribution rate under this section shall be increased
to a total of more than two and seven-tenths per centum.

§ 60-73.1.—As of the beginning of the first day of * July, nineteen
hundred * sixty-one, and as of the beginning of the first day of * July of
each succeeding calendar year, 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 with-
drawn therefrom but not expended and including any amount in the clear-
ing account without regard to possible refunds, shall be compared with the
average of taxable payrolls on which contributions were paid during the
* preceding thirty-six calendar * months.

If such balance is as much as seven per centum but not as much as
seven and one-fourth per centum of the average of such taxable payrolls,
each employer who is assigned a contribution rate for the following
calendar year of less than two and seven-tenths per centum on the basis of
his and/or his predecessor’s experience shall be entitled to a credit of
twenty per centum of the contributions accruing and payable by him for
* each of the ensuing four calendar quarters beginning the first day of
January * following such * first day of July.

If such balance is as much as seven and one-fourth per centum of the
average of such taxable payrolls each employer who is assigned a con-
tribution rate for the following calendar year of less than two and seven-
tenths per centum on the basis of his and/or his predecessor’s experience
shall be entitled to a credit of forty per centum of the contributions ac-
cruing and payable by him for * each of the ensuing four calendar quarters
beginning the first day of January * following such * first day of July.

Any credit so determined shall be applied by the Commission as a
payment and corresponding decrease in contributions accruing for such
ensuing four calendar quarters.

Notice in writing of the entitlement to a credit shall be given by the
Commission to each employer not later than * the 81st day of December
immediately preceding the year for which such credit is applicable, and
such notice shall be mailed to each employer at his last known address.

§ 60-75.—Wherever any employing unit in any manner succeeds to or
acquires the organization, trade, separate establishment or business, or
substantially all the assets thereof (whether or not the succeeding or
acquiring unit was an “employing unit”, as that term is defined in § 60-13,
prior to such acquisition) of another which at the time of such acquisition
was an employer subject to this title, and such predecessor employing
unit within sixty days after the Commission has notified the successor
employing unit of its right to request a waiver, has executed and filed with
the Commission on a form approved by the Commission together with
such information regarding the prior experience of the predecessor as may
be required by the Commission, a waiver relinquishing all rights to prior
experience for the purpose of obtaining a reduced rate and requesting
the Commission to permit such experience to inure to the benefit of the
successor employing unit, upon request of the successor employing unit
within the same sixty day period, the experience record for rate com-
putation purposes of the predecessor shall thereupon be deemed the experi-
ence record of the successor as of the first day of * July of the calendar year
* in which the acquisition occurred. Such successor, unless already an em-
ployer subject to this title, shall, during the remainder of the current
calendar year upon the filing of the waiver herein mentioned within the
period specified, be subject to the rate of taxation of the predecessor, but
if such successor is at the time of the acquisition an employer subject to
this title, such successor’s rate of tax to which it is then subject shall remain
the same until the next determination of rates under this chapter for all
employers.

Notwithstanding any other provisions of this section, if the required
forms and information concerning the acquisition are not received from
the successor and predecessor within the time prescribed herein, the
experience record for rate computation purposes shall be deemed trans-
ferred to the successor as of the first day of * July of * the calendar year
in which such forms and information are received.

This section shall apply only to acquisitions occurring on or after the
first day of January nineteen hundred * sixty.

§ 60-76.2.—Notwithstanding any other provisions of this chapter, * if

on * July 31 of any year the contributions or any portion thereof and/or the
interest due thereon for any previous quarter is delinquent and unpaid and
has been delinquent and unpaid for a period of 90 days or more, the
Commission may thereafter issue a notice of delinquency demanding pay-
ment, and if the amount due is not paid within 30 days after such notice is
mailed to the delinquent employer at his last known address, such delin-
quent employer’s rate for the calendar year immediately following the
calendar year in which such notice is sent shall not be computed under
the provisions of this article.
2. §§ 60-10, 60-26, 60-42 as amended, 60-44, 60-45.2, 60-47 as amended,
60-67 as amended, 60-68 as amended, 60-70 as amended, 60-71 as amended,
60-75 as amended and 60-76.2 of the Code of Virginia, as herein amended
shall be effective on and after July 1, 1960.

§ 60-72, as amended, of the Code of Virginia, as herein amended for
purposes of computing contribution rates for the calendar year 1961 shall
be effective on and after July 1, 1960, but for all other purposes such
section shall be effective on and after January 1, 1961.

§§ 60-73 and 60-73.1, as amended, of the Code of Virginia, as herein
amended shall be effective on and after December 31, 1960.