CHAPTER 3

An Act to amend and reenact § § 60-2, 60-8.1, 60-12 as amended, 60-42
as amended, 60-48, 60-45.2 as amended, 60-68 as amended and 60-69
as amended, of the Code of Virginia which sections are contained in
the Virginia Unemployment Compensation Act and relate to defint-
tions generally, the definition of benefit year, the definition of em-
ployer, weekly benefit amount, weekly benefit for unemployment,
maximum total benefits, an individual’s benefit wages and employer's
benefit wages.

(S 10]

Approved February 7, 1964

Be it enacted by the General Assembly of Virginia:

1. That § § 60-2, 60-8.1, 60-12 as amended, 60-42 as amended, 60-43,
60-45.2 as amended, 60-68 as amended and 60-69 as amended, of the Code
of Virginia be amended and reenacted as follows:

§ 60-2. As used in this title, unless the context clearly requires other-
wise, the terms defined in the following twenty- * five sections shall have
the meaning there ascribed to them.

§ 60-8.1. On and after * July first, nineteen hundred * sixty-four,
“benefit year” with respect to any individual means the * one year period
beginning with the day on which such individual first files a valid claim
for benefits, and thereafter the * one year period beginning with the day
on which such individual next files a valid claim for benefits after the
termination of his last preceding benefit year. An initial claim for
benefits filed in accordance with regulations prescribed by the Commission
under the provisions of § 60-46(b) of this title shall be deemed to be
a valid claim within the purposes of this definition if the individual has
been paid wages in his base period sufficient to make him eligible for
benefits under the provisions of Chapter 3 (§ 60-41 et seq.) of this title.

§ 60-12. “Employer” means:

(1) With respect to the years 1937 to 1955, inclusive, 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 its employment eight or more individuals, irrespective of whether
the same individuals are or were employed in each such day;

On and after January 1, 1956, any employing unit which for some
portion of a day, but not necessarily simultaneously in each of twenty
different weeks within either the current or preceding calendar year, but
not prior to the calendar year 1956, has or had in its employment, four
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, sepa-
rate establishment or business or substantially all the assets thereof, of
another which at the time of such acquisition was an employer subject
to this title;

(3) Any employing unit which acquired the organization, trade or
business, or substantially all the assets thereof, of another employing unit
and which, if treated as a single unit with such other employing unit,
would be an employer under paragraph (1) of this section;

(4) Any employing unit which together with one or more other em-
ploying units, is owned or controlled, by legally enforceable means or other-
wise, directly or indirectly by the same interests, or which owns or con-
trols one or more other employing units, by legally enforceable means or
otherwise, and which if treated as a single unit with such other employ-
ing unit, would be an employer under paragraph (1) of this section;

(5) Any employing unit which, having become an employer under
paragraph (1), (2), (8) or (4) of this section, has not, under § 60-83,
ceased to be an employer subject to this title; or

(6) For the effective period of its election pursuant to § 60-84, any
other employing unit which has elected to become fully subject to this

e; or

(7) Any employing unit which for some portion of a day within the
current calendar year has or had in employment one or more individuals;
provided, that this paragraph shall be effective only from the time such
employing unit shall be subject to the payroll tax imposed by section 3801
of the Federal Internal Revenue Code or to any other federal tax against
which credit may be taken by such employing unit for contributions paid
into a State unemployment compensation fund.

This section shall not be construed as expressing a desire by the
General Assembly that a federal law be enacted subjecting employers of
sess than * four individuals to the provisions of the federal unemployment

x.

§ 60-42. With respect to all claims filed on or after * July 1, 1964, 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 * July 1,
1964, 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.
[vA., 1964

ACTS OF ASSEMBLY

10

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§ 60-43. Each eligible individual who is unemployed in any week shall
be paid with respect to such week a benefit in an amount equal to his
weekly benefit amount less that part of the wages, if any, payable to him
with respect to such week which is in excess of * eight dollars; provided,
that where such excess is not a multiple of one dollar, such excess shall be
computed to the next lowest multiple of one dollar.

§ 60-45.2 On and after * July 1, 1964, the maximum total amount of
benefits payable to any individual during any benefit year shall be deter-
mined from the “Benefit Table” shown in § 60-42, but in no case shall such
maximum exceed twenty-*siz 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 Commission shall maintain
a separate account for each individual who subsequent 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.

§ 60-68. (a) Effective * July first, nineteen hundred sixty-*four,
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, 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 employing unit from whom such individual was separated, resulting
in the current period of unemployment, shall be the most recent employing
unit for whom such individual has performed services for remuneration
during thirty days, whether or not such days are consecutive. For the
purposes of this article, “benefit wages” shall include only the first * three
thousand seven hundred and forty-four dollars of wages received by any
one individual from all employers in such individual’s base period.

(b) An individual’s ‘‘benefit wages” shall not be treated as though
they had been paid by an employer 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.

(c) No “benefit wages” shall be deemed to have been paid by any em-
ployer 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 viola-
tion led to confinement in any jail or prison, or by any employer of an
individual who voluntarily left employment in order to accept other em-
ployment, genuinely believing such employment to be permanent and when
such individual thereafter refused to accept an offer of the original work
when the new employment did not last as many as thirty days.

§ 60-69. Any employer’s benefit wages for a given calendar year shall
be the total of the “benefit wages’ which, pursuant to the provisions of
§ 60-68, are wages deemed to have been paid by such employer.

Notwithstanding any other provisions of this title, any employer who
has been deemed to have paid benefit wages in accordance with the pro-
visions of this section and § 60-68 and who has reemployed during his
benefit year the claimant whose receipt of benefits caused the benefit wage
charge, may make application to the Commission not later than 30 days
following the * day * on which the Commission notifies the employer of such
benefit wage charge for a reduction in benefit wages as provided herein.

If, upon the filing of such application, the Commission finds that such
claimant because of such reemployment received in benefits a_ total
amount aggregating not more than twenty-five per cent of his total potential
benefits within such benefit year, the employer’s benefit wages resulting
from such claimant’s previous employment shall be reduced by seventy-five
percent; or, if the Commission finds that such claimant because of such
reemployment received in benefits an amount aggregating more than
twenty-five percent but not more than fifty percent of his total potential
benefits, the employer’s benefit wages resulting from such claimant’s pre-
vious employment shall be reduced by fifty percent; or, if the Commission
finds that such claimant because of such reemployment received in benefits
a total amount aggregating more than fifty percent but not more than
seventy-five percent of his total potential benefits, the employer’s benefit
wages resulting from such claimant’s previous employment shall be reduced
by twenty-five percent.

In computing an employer’s contribution rate for any calendar year
a reduction in benefit wages shall be used only in connection with the re-
employment of claimants whose benefit years ended no later than the
thirtieth day of June immediately preceding the calendar year for which
a contribution rate is being determined.

2. This Act shall be effective on July 1, 1964.