CHAPTER 30

An Act to amend and re-enact §§ 60-42, 60-43, 60-46, 60-47, 60-49, as
amended, 60-57 and 60-68 as amended, of the Code of Virginia by
providing a new unemployment compensation benefit table, by increas-
ing a claimant’s earnings allowance, by providing a reduction in
weekly benefit amount because of the receipt of certain pensions and
by transferring certain disqualifying provisions to the benefit eligi-
bility section.

{S 28]

Approved February 19, 1966

Beit enacted by the General Assembly of Virginia:

l. That §§ 60-42, 60-48, 60-46, 60-47, 60-49, as amended, 60-57 and 60-68
as amended, of the Code of Virginia be amended and re-enacted as follows:
$6042, With respect to all claims filed on or after July first, nineteen
hundred and sixty- * siz, an eligible individual’s weekly “‘benefit amount”
shall be the amount appearing in Column B in the ‘Benefit Table” in this
ection 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 first, nineteen hundred and sixty- * siz,
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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§ 60-43. 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 * ten dollars; pro-
vided, that where such excess is not a multiple of one dollar, such excess
shall be computed to the next lowest multiple of one dollar.

§ 60-46. An unemployed individual shall be eligible to receive benefits
with respect to any week only if the Commission finds that:

(a) He has registered for work 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 regula-
tion, 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 purposes of this title.

(b) He has made a claim for benefits in accordance with such regu-
lations as the Commission may prescribe.

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

(d) Hehas served a waiting period of one week during which he was
eligible for benefits under this section in all other respects, and has not
received benefits ; except that only one waiting period week shall be re-
quired of sucn individual within any benefit year.

(e) He has within his base period earned wages in employment for
employers equal to not less than the amount appearing in Column C of the
“Benefit Table” appearing in § 60-42 on the line which extends through
Division D on which in Column B of the “Benefit Table” appears his
weekly benefit amount.

(f) He is not receiving, has not received or is not seeking unem-
ployment benefits under an unemployment compensation law of any other
state or of the United States, provided, however, that if the appropriate
agency of such other state or of the United States finally determines that
he i; not entitled to such unemployment benefits, this subsection shall not
apply.

(¢g) Heis not ona bona fide vacation. .

(h) He does not have payable to him remuneration equal to or in
excess of his weekly benefit amount in the form of a retirement pension,
annuity, or other retirement payment under any * plan contributed to by
the most recent employer for whom he performed services during thirty
days, whether or not such days are consecutive; provided, if such remun-
eration is less than his weekly benefit amount, such remuneration shall
be treated as if it were wages in accordance with § 60-43; provided further,
that this section shall not apply to the receipt of any amount under Title
IT of the Social Security Act.

(i) His total or partial unemployment is not due to a stoppage of
work which exists (1 ) because of a labor dispute at the factory, establish-
ment, 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) 1s 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 ts 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 n
the labor dispute which caused the stoppage of work; and

(2) He does not belong to a grade or class of workers of which,
immediately before the commencement of the stoppage, there were. mem-
bers employed at the premises (including a vessel) at which the stoppage
capri any of whom are participating in or financing or directly tnterested
tn the dispute.

Provided, that tf in any case separate branches of work which are
commonly conducted as separate businesses in separate premises are con
ducted tn 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 unton, or the payment of regular dues to a bona fide
labor organization, shall not alone constitute financing a labor dispute.

$ 6047. An individual shall be disqualified for benefits, but only
after having served a waiting period as provided in § 60-46:

(a) For any week benefits are claimed until he has performed serv-
ices for an employing unit during thirty days, whether or not such days
are consecutive, if the Commission finds such individual is unemployed
because he left work voluntarily without good cause.

(b) For any week benefits are claimed until he has performed serv-
es for an employing unit during thirty days, whether or not such
days are consecutive, if the Commission finds such individual is unem-
peyed because he has’ been discharged for misconduct connected with

is work.

(c) If it is determined by the Commission that such individual has
failed, without 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, and the disqualification shall commence
with the week in which such failure occurred, unless such failure occurred
during the waiting period in which event the disqualification shall com-
mene with the week following, and shall continue for the period of un-
employment next ensuing until he has performed services for an employ-
ing unit during thirty days, whether or not such days are consecutive.

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 ength of unemployment and the accessibility of the available work
from his residence. _. oo

Notwithstanding any other provisions of this title, no work shall be
deemed suitable and benefits shall not be denied under this title to any
therwise eligible individual for refusing to accept new work under any of
the following conditions: (1) If the position offered is vacant due directly
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

individual than those prevailing for similar work in the locality;
(3) if aga condition of being employed the individual would be required
fo join acompany union or to resign from or refrain from joining any

ization.
labor organiza ee

$6049. A representative designated by the Commission, and here-
nafter referred to aS a deputy, shall promptly examine the claim and, on
the basis of the facts found by him, shall either determine whether or
bot such claim is valid, and if valid, the week with respect to which
shall commence, the weekly benefit amount payable and the maxi-

mum duration thereof, or shall refer such claim or any question involved
tribunal or to the Commission, which tribunal or
make its determination with respect thereto in accord-
tribunal, which * tribunal shall make its determination with respect thereto
in accordance with the procedure described in § 60-50.

Upon the filing of an initial claim for benefits, the Commission shall
cause an informatory notice of such filing to be mailed to the most recent
employing unit of the claimant, but the failure to furnish such notice
shall not have any effect upon the claim for benefits.

Notice of determination upon a claim shall be promptly given to the
claimant by delivery thereof or by mailing such notice to the claimant’s
last known address. In addition, notice of any determination which in-
volves the application of the provisions of §§ 60-47 or 60-46 (1), to-
gether with the reasons therefor, shall be promptly given in the same
manner to the most recent employing unit by whom the claimant was
last employed ; provided that the Commission may dispense with the giving
of notice of any determination to any employing unit and such employing
unit shall not be entitled to such notice if it has failed to indicate prior
to the determination, as required by regulation promulgated by the Com-
mission, that the claimant may be ineligible or disqualified under any
provision of this title. The deputy shall promptly notify the claimant of
any decision made by him at any time which in any manner denies
benefits to the claimant for one or more weeks.

Unless the claimant or any such employing unit, within five calendar
days after the delivery of such notification, or within seven calendar days
after such notification was mailed to his last known address, or within
ten days after such notification was mailed to the last known address of
an interstate claimant, files an appeal from such determination or deci-
sion, such determination or decision shall be final and benefits shall be
paid or denied in accordance therewith.

If an appeal is duly filed from any such determination or decision,
benefits with respect to the weeks involved in the appeal shall be paid
only after a final determination of the issue involved; provided, that if
the Commission affirms a decision of an appeal tribunal, allowing benefits,
such benefits shall be paid regardless of any appeal which may thereafter
be taken, except that should further appeal be taken benefits so paid shall
result in a benefit wage charge to the account of the employer under
8§ 60-58 to 60-76 only when and as of the date on which, as a result of a
further appeal, the courts finally determine that the Commission should
have awarded benefits to the claimant or claimants involved in such appeal.

§ 60-57. The Commission, in its discretion, is hereby authorized to
appoint a Board of Review, consisting of three members, one of whom
shall be designated chairman, for a term of six years, except that the
terms of the members first taking office shall be two, four, and six years,
respectively, as designated by the Commission at the time of the appoint-
ment, and except that vacancies shall be filled by appointment by the
Commission for the unexpired term. During his term of membership on
the Board no member shall serve as an officer or committee member of
any political organization. The members of the Board shall be paid a
compensation to be determined by the Commission. The Commission shall
furnish the Board such stenographic and clerical assistance as the Board
may require. All compensation of the members of the Board and all
necessary expenses for the operation thereof shall be paid out of the
administrative fund provided for in §§ 60-95 to 60-101. The Commission
may at any time, after notice and hearing, remove any member for cause.
The Commission may, after thirty days’ notice to the members of the
Board, and upon a finding that the Board is no longer needed, abolish the
same. The Board shall meet upon the call of the chairman and shall have
the same powers and perform the same functions vested in the Commission
in this title for review of decisions by an appeal tribunal, including the
power to administer oaths and affirmations, take depositions, certify to
official acts, and issue subpoenas to compel the attendance of witnesses
and the productiop of books, papers, correspondence, memoranda and
other records deemed necessary as evidence in connection with disputed
claims. The Board may hold its hearings in the county or city where the
claimant was last employed, except that hearings involving the provisions
of subsection * (2) of § 60-*46 shall be held in the county or city where
the claimant was last employed, and when the same or substantially
similar evidence is relevant and material to matters in issue in claims
by more than one individual or in claims by a single individual with
respect to two or more weeks of unemployment, the same time and place
for considering each such claim may be fixed, hearings thereon jointly
conducted, and a single record of the proceedings made. The Commission
may issue such regulations as it deems necessary for the procedure of the

in the conduct of its hearings. During the time the Board is
organized under authority of the Commission, the Commission shall have
no jurisdiction under § 60-52. Any decision of the Board shall become
fina] ten days after the date of notification or mailing thereof and judicial
review thereof shall be permitted the claimant, the Commission or any
interested party claiming to be aggrieved thereby, and in any judicial
action involving any such decision the Commission shall be represented
by the Attorney General. Any decision of the Board from which no
judicial review is sought within the time prescribed in § 60-55 shall be
conclusive against amy party to the hearing before the Board and the
Commission in any subsequent judicial proceedings involving liability for
contributions under this title.

Within the time specified in § 60-55, the Commission, or any party
to the proceedings before the Board, may obtain judicial review thereof by
fling in the circuit court of the county or in the corporation court or
hustings court of the city, or if the city has no corporation court or
hustings court, then in the circuit court of the city, or if the city has no
circuit court, then in the circuit court of the county in which such city is
geographically located, in which the individual who filed the claim was
last employed, in the State, a petition for review of such decision and in
any such proceeding any other party to the proceeding shall be made a
party respondent. ‘The Commission shall be deemed to be a party to any
such proceeding. ‘The petition need not be verified. A copy of such petition
shall be served upon the Commission and each party to the proceeding
had before the Board at least thirty days prior to the placing of the
petition upon the docket. The mailing of a copy of such petition to each
party thereto at his last known address shall be sufficient service thereof.
The Commission shall file along with its petition or answer a certified
copy of the record of the case, including all documents and papers and
a transcript of all testimony taken in the matter, together with the
Board's findings, conclusions and decision therein. In any proceeding under
this section the findings of the Board as to the facts, if supported by the
evidence and in the absence of fraud, shall be conclusive and the juris-
diction of the court shall be confined to questions of law. The court may
order additional] evidence to be taken by the Board, which such additional
evidence, findings of fact or conclusions, together with the additional
transcript of the record, shall be certified by the chairman of the Board
and filed by him: with the court. Such petition for review shall be heard
ina summary manner and shall have preference over all other cases on
the docket, except cases in which the Commonwealth is a party. An appeal
may be taken from the decision of such court to the Supreme Court of
Appeals in conformity with general law governing appeals in equity cases,
and from any such decision involving the provisions of §§ 60-46 or 60-47
or whether an employing unit constitutes an employer or whether services
performed for or in connection with the business of an employing unit
constitute employment for such employing unit, the Supreme Court of
Appeals shall have jurisdiction to review such decision regardless of the
amount involved in any claim for benefits. It shall not be necessary, in
any proceeding before the Board, to enter exceptions to its ruling, and no
bond shall be required upon any appeal to any court. Upon the final
determination of such judicial proceeding, the Board shall enter an order
in accordance with such determination. A petition for judicial review
shall operate as a supersedeas. |

§ 60-68. (a) Effective July first, nineteen hundred sixty-*stz, 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 re-
muneration during thirty days, whether or not such days are consecutive.
For the purposes of this article, “benefit wages” shall include only the
first * four thousand * three hundred and * sixty-eight 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
employer of an individual whose separation from the work of such em-
ployer arose as a result of a violation of the law by such individual,
which violation led to confinement in any jail or prison, or by any em-
ployer of an individual who voluntarily left employment in order to accept
other employment, 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

ays.
2. This bill shall be effective July 1, 1966.