COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 246
(By Senators Tomblin (Mr. President) and Caruth,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported March 25, 2009.]
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A BILL to amend and reenact §21A-1-4 of the Code of West Virginia,
1931, as amended; to amend and reenact §21A-1A-5, §21A-1A-6,
§21A-1A-7 and §21A-1A-28 of said code; to amend and reenact
§21A-5-10a of said code; and to amend and reenact §21A-6-1,
§21A-6-3 and §21A-6-10 of said code, all relating generally to
unemployment compensation; requiring establishment of employer
violator system; providing for notice and due process;
defining certain terms; creating a temporary solvency
assessment; providing for a temporary solvency assessment if
the balance of the fund falls below certain funded levels;
providing for removal of the temporary solvency assessment;
requiring written notice to employers when assessment will be
collected and terminated; providing for collection of
delinquencies and penalties; providing that the maximum weekly
benefit rate shall not increase or decrease while temporary
solvency assessments are being imposed; providing for an
alternative base wage and authorizing benefits thereunder; requiring notice to employer when employee quits for health
reasons; requiring written certification from physician within
thirty days; classifying certain conduct as gross misconduct;
defining lockout and strike; and providing that an employee
who voluntarily retires is not eligible for unemployment.
Be it enacted by the Legislature of West Virginia:
That §21A-1-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §21A-1A-5, §21A-1A-6, §21A-1A-7 and
§21A-1A-28 of said code be amended and reenacted; that §21A-5-10a
of said code be amended and reenacted; and that §21A-6-1, §21A-6-3
and §21A-6-10 of said code be amended and reenacted, all to read as
follows:
ARTICLE 1. UNEMPLOYMENT COMPENSATION.
§21A-1-4. Workforce West Virginia created; divisions within
Workforce West Virginia created; certain terms defined;
employer violator system.
(a) There is continued an agency designated Workforce West
Virginia, composed of:
(1) Division of Unemployment Compensation;
(2) Division of Employment Service;
(3) Division of Workforce Development;
(4) Division of Research, Information and Analysis; and
(5) Any other divisions or units that the executive director
determines are necessary.
(b) Wherever within this chapter the term "department",
"bureau" or "fund" is used, it shall be taken to mean Workforce West Virginia unless otherwise indicated. Any reference in this
code to the Bureau of Employment Programs means Workforce West
Virginia. Any reference in this code to the Commissioner of the
Bureau of Employment Programs or Employment Security means the
Executive Director of Workforce West Virginia.
(c) Workforce West Virginia shall be administered pursuant to
subsection (b), section one, article two, chapter five-f of this
code.
(d)
The Executive Director of Workforce West Virginia shall
establish an employer violator system to identify individuals and
employers who are in default on any assessment, surcharge, tax or
penalty owed to the fund. The employer violator system shall
prohibit violators who own, control or have a ten percent or more
ownership interest, or other ownership interest as may be defined
by the executive director, in any company from obtaining or
maintaining any license, certificate or permit issued by the state
until the violator has paid all moneys owed to the fund or has
entered into and remains in compliance with a repayment agreement.
The employer violator system shall work cooperatively with all
state agencies to maintain an accurate, up-to-date list of
violators which shall be available in electronic format and online
for agencies and the public. Before an employer is added to the
violator list, he or she shall be given notice and an opportunity
for an expedited administrative hearing. The executive director
shall propose for promulgation emergency and legislative rules to
effectuate this subsection.
ARTICLE 1A. DEFINITIONS.
§21A-1A-5. Base period; alternative base period.
(a) "Base period" means the first four out of the last five
completed calendar quarters immediately preceding the first day of
the individual's benefit year.
(b) "Alternative base period" means the last four completed
calendar quarters immediately preceding the first day of the
individual's benefit year.
§21A-1A-6. Base period employer; alternative base period employer.
"Base period employer" and "alternative base period employer"
mean any employer who in the base period or alternative base period
for any benefit year paid wages to an individual who filed claim
for unemployment compensation within such benefit year.
§21A-1A-7. Base period wages; alternative base period wages.
"Base period wages" and "alternative base period wages" mean
wages paid to an individual during the base period or alternative
base period by all the individual's base period or alternative base
period employers.
§21A-1A-28. Wages; average annual wage; threshold wage.
(a) "Wages" means all remuneration for personal service,
including commissions, gratuities customarily received by an
individual in the course of employment from persons other than the
employing unit, as long as such gratuities equal or exceed an
amount of not less than $20 each month and which are required to be
reported to the employer by the employee, bonuses and the cash
value of all remuneration in any medium other than cash except for agricultural labor and domestic service. The term "wages" includes
remuneration for service rendered to the state as a member of the
state National Guard or Air National Guard only when serving on a
temporary basis pursuant to a call made by the Governor under
sections one and two, article one-d, chapter fifteen of this code.
(b) The term "wages" does not include:
(1) That part of the remuneration which, after remuneration
equal to $8,000 or, after the amendment and reenactment of this
section during the 2009 legislative session, the threshold wage is
paid during a calendar year to an individual by an employer or his
or her predecessor with respect to employment during any calendar
year, is paid to such individual by such employer during such
calendar year unless that part of the remuneration is subject to a
tax under a federal law imposing a tax against which credit may be
taken for contributions required to be paid into a state
unemployment fund. For the purposes of this section, the term
"employment" includes service constituting employment under any
unemployment compensation law of another state; or which as a
condition for full tax credit against the tax imposed by the
federal Unemployment Tax Act is required to be covered under this
chapter; and, except that for the purposes of sections one, ten,
eleven and thirteen, article six of this chapter, all remuneration
earned by an individual in employment shall be credited to the
individual and included in his or her computation of base period
wages: Provided, That the remuneration paid to an individual by an
employer with respect to employment in another state or other states upon which contributions were required of and paid by such
employer under an unemployment compensation law of such other state
or states shall be included as a part of the remuneration equal to
the amounts of $8,000 or, after the amendment and reenactment of
this section during the 2009 legislative session, the threshold
wage herein referred to. In applying such limitation on the amount
of remuneration that is taxable, an employer shall be accorded the
benefit of all or any portion of such amount which may have been
paid by its predecessor or predecessors: Provided, however, That
if the definition of the term "wages" as contained in Section
3306(b) of the Internal Revenue Code of 1954, as amended, is
amended to include remuneration in excess of $8,000 or, after the
amendment and reenactment of this section during the 2009
legislative session, the threshold wage paid to an individual by an
employer under the federal Unemployment Tax Act during any calendar
year, wages for the purposes of this definition shall include
remuneration paid in a calendar year to an individual by an
employer subject to this chapter or his or her predecessor with
respect to employment during any calendar year up to an amount
equal to the amount of remuneration taxable under the federal
Unemployment Tax Act;
(2) The amount of any payment made (including any amount paid
by an employer for insurance or annuities, or into a fund, to
provide for any such payment) to, or on behalf of, an individual in
its employ or any of his or her dependents, under a plan or system
established by an employer which makes provision for individuals in its employ generally (or for such individuals and their
dependents), or for a class or classes of such individuals (or for
a class or classes of such individuals and their dependents) on
account of: (A) Retirement; or (B) sickness or accident disability
payments made to an employee under an approved state workers'
compensation law; or (C) medical or hospitalization expenses in
connection with sickness or accident disability; or (D) death;
(3) Any payment made by an employer to an individual in its
employ (including any amount paid by an employer for insurance or
annuities, or into a fund, to provide for any such payment) on
account of retirement;
(4) Any payment made by an employer on account of sickness or
accident disability, or medical or hospitalization expenses in
connection with sickness or accident disability to, or on behalf
of, an individual in its employ after the expiration of six
calendar months following the last calendar month in which such
individual worked for such employer;
(5) Any payment made by an employer to, or on behalf of, an
individual in its employ or his or her beneficiary: (A) From or to
a trust described in Section 401(a) which is exempt from tax under
Section 501(a) of the federal Internal Revenue Code at the time of
such payments unless such payment is made to such individual as an
employee of the trust as remuneration for services rendered by such
individual and not as a beneficiary of the trust; or (B) under or
to an annuity plan which, at the time of such payment, is a plan
described in Section 403(a) of the federal Internal Revenue Code;
(6) The payment by an employer of the tax imposed upon an
employer under Section 3101 of the federal Internal Revenue Code
with respect to remuneration paid to an employee for domestic
service in a private home or the employer of agricultural labor;
(7) Remuneration paid by an employer in any medium other than
cash to an individual in its employ for service not in the course
of the employer's trade or business;
(8) Any payment (other than vacation or sick pay) made by an
employer to an individual in its employ after the month in which he
or she attains the age of sixty-five, if he or she did not work for
the employer in the period for which such payment is made;
(9) Payments, not required under any contract of hire, made to
an individual with respect to his or her period of training or
service in the armed forces of the United States by an employer by
which such individual was formerly employed; and
(10) Vacation pay, severance pay or savings plans received by
an individual before or after becoming totally or partially
unemployed but earned prior to becoming totally or partially
unemployed: Provided, That the term totally or partially
unemployed does not include: (A) Employees who are on vacation by
reason of the request of the employees or their duly authorized
agent, for a vacation at a specific time, and which request by the
employees or their agent is acceded to by their employer; (B)
employees who are on vacation by reason of the employer's request
provided they are so informed at least ninety days prior to such
vacation; or (C) employees who are on vacation by reason of the employer's request where such vacation is in addition to the
regular vacation and the employer compensates such employee at a
rate equal to or exceeding their regular daily rate of pay during
the vacation period.
(c) The reasonable cash value of remuneration in any medium
other than cash shall be estimated and determined in accordance
with rules prescribed by the commissioner, except for remuneration
other than cash for services performed in agricultural labor and
domestic service.
(d) "Average annual wage" means the state's average annual
wage which is computed on or before September 30 of the year
immediately preceding the rate year and is the total remuneration
paid by employers as reported on contribution reports on or before
that date with respect to all employment during the four
consecutive calendar quarters ending on June 30 of that year
divided by the average monthly number of individuals performing
services in employment during the same four calendar quarters as
reported on the contribution reports.
"Threshold wage" means the wage amount the employer pays
unemployment taxes on for each person in his or her employ during
a calendar year. On and after the effective date of the amendment
and reenactment of this chapter by the Legislature in 2009, the
threshold wage will be $12,000: Provided, That when the moneys in
the unemployment fund reach $220 million on February 15 of any
year, the threshold wage thereafter will be reduced to $10,000:
Provided however, That each year thereafter the threshold wage shall increase or decrease by the same percentage that the state's
average wage increases or decreases.
ARTICLE 5. EMPLOYER COVERAGE AND RESPONSIBILITY.
§21A-5-10a. Temporary solvency assessments on employers and
employees; notice; collection of delinquencies; penalties.
(a) On and after the first day of July, one thousand nine
hundred eighty-seven July 1, 2009, if the commissioner determines
for a given projected quarter that the rates established under the
provisions of section ten of this article will not result in
payments being made to the unemployment compensation fund in an
amount sufficient to finance the payment of benefits during such
quarter that the balance of the unemployment compensation trust
fund is less than $180 million at the end of any calendar quarter,
the commissioner shall certify such fact to the Governor, and the
Governor shall, by executive order, direct the commissioner to
establish a level of impose a temporary solvency assessment for on
employees and employers in accordance with the provisions of this
section. which is sufficient to prevent, to the extent possible,
a deficit in the funds available to pay benefits to eligible
individuals
(b) Pursuant to such executive order, Following imposition of
a temporary solvency assessment, every employer, contributing and
reimbursable, subject to this chapter, shall be required to
withhold from all persons in his or her employment an a temporary
solvency assessment which shall be in an amount not to exceed
fifteen one hundredths (15/100) of seventy-five one thousandths (.075) of one percent of an employee's gross wages, which amount,
together with an a solvency assessment contributed by the employer
in an amount as determined in accordance with the provisions of as
set forth in subsection (c) of this section, except for
reimbursable employers who shall not be assessed, shall be paid to
the Bureau of Employment Programs Workforce West Virginia on a form
prescribed by the commissioner, at the same time and under the same
conditions as the quarterly contribution payments required under
the provisions of section seven of this article. The commissioner
shall have the right to collect any delinquent assessments under
this section in the same manner as provided for in section sixteen,
article five, chapter twenty-one-a of this code; and in addition,
any delinquency hereunder shall bear interest as set forth in
section seventeen, article five, chapter twenty-one-a of this code.
(c) The commissioner shall establish the exact amounts of the
employers' and employees' assessments at a level sufficient to
generate the revenues needed to prevent a deficit which would
otherwise result from the payment of benefits to eligible
individuals, subject only to the limitation established in the
preceding subsection (b) of this section. After determining the
level of assessment on the gross wages of employees, the
commissioner shall determine impose a rate of assessment to be
imposed upon employers, except reimbursable employers, which rate
shall be expressed as a percentage of wages as defined in section
three, article one of this chapter, and which is sufficient to
cause the total statewide assessment on such employers to equal the total statewide assessment imposed upon employees of one-half (1/2)
of twenty-five one hundredths (.25) of one percent of wages paid to
their employees as defined in section thirty-two, article one-a of
this chapter.
(d) The commissioner shall give employers written notice when
the balance of the unemployment trust fund is at the level which
requires the collection of the solvency assessment from their
employees. The commissioner shall also give written notice to
employers when no further collection of the employee assessments is
necessary. Employers are not liable for over collection of the
employee assessments as a result of the failure to receive adequate
notice from the commissioner during the time period that the
employee assessments are imposed and for thirty days thereafter.
(e) Notwithstanding any other provision of this section to the
contrary, the solvency assessments on employers and employees
established by this section hereby terminate on the first day of
April, one thousand nine hundred ninety when the balance of the
unemployment compensation trust fund is greater than $220 million
on February 15 of any year.
(f) The commissioner shall have the right to collect any
delinquent assessments under this section in the same manner as
provided for in section sixteen of this article and any delinquency
hereunder shall bear interest and penalties as set forth in section
seventeen of this article.
ARTICLE 6. EMPLOYEE ELIGIBILITY; BENEFITS.
§21A-6-1. Eligibility qualifications.
An unemployed individual shall be eligible to receive benefits
only if the commissioner finds that:
(1) He or she has registered for work at and thereafter
continues to report at an employment office in accordance with the
regulations of the commissioner;
(2) He or she
has made a claim for benefits in accordance with
the provisions of article seven of this chapter and has furnished
his or her Social Security number, or numbers if he or she has more
than one such number;
(3) He or she
is able to work and is available for full-time
work for which he or she
is fitted by prior training or experience
and is doing that which a reasonably prudent person in his or her
circumstances would do in seeking work;
(4) He or she
has been totally or partially unemployed during
his or her benefit year for a waiting period of one week prior to
the week for which he or she
claims benefits for total or partial
unemployment;
(5) He or she
has within his or her base period been paid
wages for employment equal to not less than $2,200 and must have
earned wages in more than one quarter of his or her base period or,
if he or she is not eligible under his or her base period, has
within his or her alternative base period been paid wages for
employment equal to not less than $2,200 and must have earned wages
in more than one quarter of his or her alternative base period; and
(6) Beginning the first day of November, one thousand nine
hundred ninety-four, he He or she participates in reemployment services, such as job search assistance services, if the individual
has been determined to be likely to exhaust regular benefits and
needs reemployment services pursuant to a profiling system
established by the commissioner, unless the commissioner determines
that:
(a) The individual has completed such services; or
(b) There is justifiable cause for the claimant's failure to
participate in such services.
§21A-6-3. Disqualification for benefits.
Upon the determination of the facts by the commissioner, an
individual shall be disqualified for benefits:
(1) For the week in which he or she left his or her most
recent work voluntarily without good cause involving fault on the
part of the employer and until the individual returns to covered
employment and has been employed in covered employment at least
thirty working days.
For the purpose of this subdivision, an individual shall not
be deemed to have left his or her most recent work voluntarily
without good cause involving fault on the part of the employer, if
such individual leaves his or her most recent work with an employer
and if he or she in fact, within a fourteen-day calendar period,
does return to employment with the last preceding employer with
whom he or she was previously employed within the past year prior
to his or her return to workday, and which last preceding employer,
after having previously employed such individual for thirty working
days or more, laid off such individual because of lack of work, which layoff occasioned the payment of benefits under this chapter
or could have occasioned the payment of benefits under this chapter
had such individual applied for such benefits. It is the intent of
this paragraph to cause no disqualification for benefits for such
an individual who complies with the foregoing set of requirements
and conditions. Further, for the purpose of this subdivision, an
individual shall not be deemed to have left his or her most recent
work voluntarily without good cause involving fault on the part of
the employer, if such individual was compelled to leave his or her
work for his or her own health-related reasons and notifies the
employer prior to leaving the job or within two business days after
leaving the job or as soon as practicable and presents written
certification from a licensed physician within thirty days of
leaving the job that his or her work aggravated, worsened or will
worsen the individual's health problem.
(2) For the week in which he or she was discharged from his or
her most recent work for misconduct and the six weeks immediately
following such week; or for the week in which he or she was
discharged from his or her last thirty-day employing unit for
misconduct and the six weeks immediately following such week. Such
disqualification shall carry a reduction in the maximum benefit
amount equal to six times the individual's weekly benefit.
However, if the claimant returns to work in covered employment for
thirty days during his or her benefit year, whether or not such
days are consecutive, the maximum benefit amount shall be increased
by the amount of the decrease imposed under the disqualification; except that:
If he or she were discharged from his or her most recent work
for one of the following reasons, or if he or she were discharged
from his or her last thirty days employing unit for one of the
following reasons: Misconduct Gross misconduct consisting of
willful destruction of his or her employer's property; assault upon
the person of his or her employer or any employee of his or her
employer; if such assault is committed at such individual's place
of employment or in the course of employment; reporting to work in
an intoxicated condition, or being intoxicated while at work;
reporting to work under the influence of any controlled substance,
as defined in chapter sixty-a of this code without a valid
prescription, or being under the influence of any controlled
substance, as defined in chapter sixty-a of this code without a
valid prescription, while at work; adulterating or otherwise
manipulating a sample or specimen in order to thwart a drug or
alcohol test lawfully required of an employee; refusal to submit to
random testing for alcohol or illegal controlled substances for
employees in safety sensitive positions as defined in section two,
article one-d, chapter twenty-one of this code; arson, theft,
larceny, fraud or embezzlement in connection with his or her work;
or any other gross misconduct; he or she shall be and remain
disqualified for benefits until he or she has thereafter worked for
at least thirty days in covered employment: Provided, That for the
purpose of this subdivision the words "any other gross misconduct"
shall include, but not be limited to, any act or acts of misconduct where the individual has received prior written warning that
termination of employment may result from such act or acts.
(3) For the week in which he or she failed without good cause
to apply for available, suitable work, accept suitable work when
offered, or return to his or her customary self-employment when
directed to do so by the commissioner, and for the four weeks which
immediately follow for such additional period as any offer of
suitable work shall continue open for his or her acceptance. Such
disqualification shall carry a reduction in the maximum benefit
amount equal to four times the individual's weekly benefit amount.
(4) For a week in which his or her total or partial
unemployment is due to a stoppage of work by the employee which
exists because of a labor dispute at the factory, establishment or
other premises at which he or she was last employed, unless the
commissioner is satisfied that he or she: (1) Was not
participating, financing or directly interested in such dispute;
and (2) did not belong to a grade or class of workers who were
participating, financing or directly interested in the labor
dispute which resulted in the stoppage of work. No
disqualification will be imposed if the employer locks out its
employees and the affected employees offered to continue working
under the terms and conditions of employment which existed
immediately prior to the lockout. For purposes of this
subdivision, a lockout occurs when an employer discontinues all or
a portion of its operations or refuses to permit employees to work
for the purpose of gaining a concession from the employees during a labor dispute. The term "strike" includes any strike or other
concerted stoppage of work by employees, including a stoppage by
reason of the expiration of a collective bargaining agreement, and
any concerted slowdown or other concerted interruption of
operations by employees. No disqualification under this
subdivision shall be imposed if the employees are required to
accept wages, hours or conditions of employment substantially less
favorable than those prevailing for similar work in the locality,
or if employees are denied the right of collective bargaining under
generally prevailing conditions, or if an employer shuts down his
or her plant or operation or dismisses his or her employees in
order to force wage reduction, changes in hours or working
conditions.
For the purpose of this subdivision if any stoppage of work
continues longer than four weeks after the termination of the labor
dispute which caused stoppage of work, there shall be a rebuttable
presumption that part of the stoppage of work which exists after
said a period of four weeks after the termination of said the labor
dispute did not exist because of said the labor dispute; and in
such that event the burden shall be upon the employer or other
interested party to show otherwise.
(5) For a week with respect to which he or she is receiving or
has received:
(a) Wages in lieu of notice;
(b) Compensation for temporary total disability under the
workers' compensation law of any state or under a similar law of the United States; or
(c) Unemployment compensation benefits under the laws of the
United States or any other state.
(6) For the week in which an individual has voluntarily quit
employment to marry or to perform any marital, parental or family
duty, or to attend to his or her personal business or affairs and
until the individual returns to covered employment and has been
employed in covered employment at least thirty working days.
(7) Benefits shall not be paid to any individual on the basis
of any services, substantially all of which consist of
participating in sports or athletic events or training or preparing
to so participate, for any week which commences during the period
between two successive sport seasons (or similar periods) if such
individual performed such services in the first of such seasons (or
similar periods) and there is a reasonable assurance that such
individual will perform such services in the later of such seasons
(or similar periods).
(8)(a) Benefits shall not be paid on the basis of services
performed by an alien unless such alien is an individual who was
lawfully admitted for permanent residence at the time such services
were performed, was lawfully present for purposes of performing
such services or was permanently residing in the United States
under color of law at the time such services were performed
(including an alien who is lawfully present in the United States as
a result of the application of the provisions of Section 203(a)(7)
or Section 212(d)(5) of the Immigration and Nationality Act): Provided, That any modifications to the provisions of Section
3304(a)(14) of the federal Unemployment Tax Act as provided by
Public Law 94-566 which specify other conditions or other effective
date than stated herein for the denial of benefits based on
services performed by aliens and which modifications are required
to be implemented under state law as a condition for full tax
credit against the tax imposed by the federal Unemployment Tax Act
shall be deemed applicable under the provisions of this section;
(b) Any data or information required of individuals applying
for benefits to determine whether benefits are not payable to them
because of their alien status shall be uniformly required from all
applicants for benefits;
(c) In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to such individual are not payable because of his or her
alien status shall be made except upon a preponderance of the
evidence.
(9) For each week in which an individual is unemployed
because, having voluntarily left employment to attend a school,
college, university or other educational institution, he or she is
attending such school, college, university or other educational
institution, or is awaiting entrance thereto or is awaiting the
starting of a new term or session thereof, and until the individual
returns to covered employment.
(10) For each week in which he or she is unemployed because of
his or her request, or that of his or her duly authorized agent, for a vacation period at a specified time that would leave the
employer no other alternative but to suspend operations.
(11) In the case of an individual who accepts an early
retirement incentive package, unless he or she: (i) Establishes a
well-grounded fear of imminent layoff supported by definitive
objective facts involving fault on the part of the employer; and
(ii) establishes that he or she would suffer a substantial loss by
not accepting the early retirement incentive package.
(12) For each week with respect to which he or she is
receiving or has received benefits under Title II of the Social
Security Act or similar payments under any act of Congress, and/or
or remuneration in the form of an annuity, pension or other
retirement pay from a base period and/or employer or chargeable
employer or from any trust or fund contributed to by a base period
and/or employer or chargeable employer or any combination of the
above, the weekly benefit amount payable to such individual for
such week shall be reduced (but not below zero) by the prorated
weekly amount of said benefits, payments and/or or remuneration:
Provided, That if such amount of benefits is not a multiple of $1,
it shall be computed to the next lowest multiple of $1: Provided,
however, That there shall be no disqualification if in the
individual's base period there are no wages which were paid by the
base period and/or employer or chargeable employer paying such
remuneration, or by a fund into which the employer has paid during
said base period: Provided further, That notwithstanding any other
provision of this subdivision to the contrary, the weekly benefit amount payable to such individual for such week shall not be
reduced by any retirement benefits he or she is receiving or has
received under Title II of the Social Security Act or similar
payments under any act of Congress. Claimant may be required to
certify as to whether or not he or she is receiving or has been
receiving remuneration in the form of an annuity, pension or other
retirement pay from a base period and/or employer or chargeable
employer or from a trust fund contributed to by a base period
and/or employer or chargeable employer.
(12) (13) For each week in which and for fifty-two weeks
thereafter, beginning with the date of the decision, if the
commissioner finds such individual who within twenty-four calendar
months immediately preceding such decision, has made a false
statement or representation knowing it to be false or knowingly
fails to disclose a material fact, to obtain or increase any
benefit or payment under this article: Provided, That
disqualification under this subdivision shall not preclude
prosecution under section seven, article ten of this chapter.
§21A-6-10. Benefit rate -- Total unemployment; annual computation
and publication of rates
.
(a) Each eligible individual who is totally unemployed in any
week shall be paid benefits with respect to that week at the weekly
rate appearing in Column (C) in the benefit table in this section,
on the line on which in Column (A) there is indicated the
employee's wage class, except as otherwise provided under the term
"total and partial unemployment" in section twenty-seven, article one-a of this chapter. The employee's wage class shall be
determined by his or her base period wages as shown in Column (B)
in the benefit table. The right of an employee to receive benefits
shall not be prejudiced nor the amount thereof be diminished by
reason of failure by an employer to pay either the wages earned by
the employee or the contribution due on such wages. An individual
who is totally unemployed but earns in excess of $60 as a result of
odd job or subsidiary work, or is paid a bonus in any benefit week
shall be paid benefits for such week in accordance with the
provisions of this chapter pertaining to benefits for partial
unemployment.
(b) (1) The maximum benefit for each wage class shall be equal
to twenty-six times the weekly benefit rate.
(2) The maximum benefit rate shall be sixty-six and two-thirds
percent of the average weekly wage in West Virginia.
(c) On July 1 of each year, the commissioner shall determine
the maximum weekly benefit rate upon the basis of the formula set
forth above and shall establish wage classes as are required,
increasing or decreasing the amount of the base period wages
required for each wage class by $150, establishing the weekly
benefit rate for each wage class by rounded dollar amount to be
fifty-five percent of one fifty-second of the median dollar amount
of wages in the base period for such wage class, and establishing
the maximum benefit for each wage class as an amount equal to
twenty-six times the weekly benefit rate: Provided, That the
commissioner shall not increase or decrease the maximum weekly benefit rate during the pendency of a temporary solvency assessment
on employers and employees in accordance with section ten-a,
article five of this chapter. The maximum weekly benefit rate,
when computed by the commissioner, in accordance with the foregoing
provisions, shall be rounded to the next lowest multiple of $1.
BENEFIT TABLE
A
Wage
Class
|
B
Wages in
Base Period
|
C
Weekly
Benefit
Rate
|
Maximum
Benefit in
Benefit Year
for Total
and/or
Partial Un-
employment
|
|
Under
|
|
$2,200.00
|
Ineligible
|
|
1
|
$2,200.00
|
-
|
2,349.99
|
24.00
|
$ 624.00
|
2
|
2,350.00
|
-
|
2,499.99
|
25.00
|
650.00
|
3
|
2,500.00
|
-
|
2,649.99
|
27.00
|
702.00
|
4
|
2,650.00
|
-
|
2,799.99
|
28.00
|
728.00
|
5
|
2,800.00
|
-
|
2,949.99
|
30.00
|
780.00
|
6
|
2,950.00
|
-
|
3,099.99
|
31.00
|
806.00
|
7
|
3,100.00
|
-
|
3,249.99
|
33.00
|
858.00
|
8
|
3,250.00
|
-
|
3,399.99
|
35.00
|
910.00
|
9
|
3,400.00
|
-
|
3,549.99
|
36.00
|
936.00
|
10
|
3,550.00
|
-
|
3,699.99
|
38.00
|
988.00
|
11
|
3,700.00
|
-
|
3,849.99
|
39.00
|
1,014.00
|
12
|
3,850.00
|
-
|
3,999.99
|
41.00
|
1,066.00
|
13
|
4,000.00
|
-
|
4,149.99
|
43.00
|
1,118.00
|
14
|
4,150.00
|
-
|
4,299.99
|
44.00
|
1,144.00
|
15
|
4,300.00
|
-
|
4,449.99
|
46.00
|
1,196.00
|
16
|
4,450.00
|
-
|
4,599.99
|
47.00
|
1,222.00
|
17
|
4,600.00
|
-
|
4,749.99
|
49.00
|
1,274.00
|
18
|
4,750.00
|
-
|
4,899.99
|
51.00
|
1,326.00
|
19
|
4,900.00
|
-
|
5,049.99
|
52.00
|
1,352.00
|
20
|
5,050.00
|
-
|
5,199.99
|
54.00
|
1,404.00
|
21
|
5,200.00
|
-
|
5,349.99
|
55.00
|
1,430.00
|
22
|
5,350.00
|
-
|
5,499.99
|
57.00
|
1,482.00
|
23
|
5,500.00
|
-
|
5,649.99
|
58.00
|
1,508.00
|
24
|
5,650.00
|
-
|
5,799.99
|
60.00
|
1,560.00
|
25
|
5,800.00
|
-
|
5,949.99
|
62.00
|
1,612.00
|
26
|
5,950.00
|
-
|
6,099.99
|
63.00
|
1,638.00
|
27
|
6,100.00
|
-
|
6,249.99
|
65.00
|
1,690.00
|
28
|
6,250.00
|
-
|
6,399.99
|
66.00
|
1,716.00
|
29
|
6,400.00
|
-
|
6,549.99
|
68.00
|
1,768.00
|
30
|
6,550.00
|
-
|
6,699.99
|
70.00
|
1,820.00
|
31
|
6,700.00
|
-
|
6,849.99
|
71.00
|
1,846.00
|
32
|
6,850.00
|
-
|
6,999.99
|
73.00
|
1,898.00
|
33
|
7,000.00
|
-
|
7,149.99
|
74.00
|
1,924.00
|
34
|
7,150.00
|
-
|
7,299.99
|
76.00
|
1,976.00
|
35
|
7,300.00
|
-
|
7,449.99
|
78.00
|
2,028.00
|
36
|
7,450.00
|
-
|
7,599.99
|
79.00
|
2,054.00
|
37
|
7,600.00
|
-
|
7,749.99
|
81.00
|
2,106.00
|
38
|
7,750.00
|
-
|
7,899.99
|
82.00
|
2,132.00
|
39
|
7,900.00
|
-
|
8,049.99
|
84.00
|
2,184.00
|
40
|
8,050.00
|
-
|
8,199.99
|
85.00
|
2,210.00
|
41
|
8,200.00
|
-
|
8,349.99
|
87.00
|
2,262.00
|
42
|
8,350.00
|
-
|
8,499.99
|
89.00
|
2,314.00
|
43
|
8,500.00
|
-
|
8,649.99
|
90.00
|
2,340.00
|
44
|
8,650.00
|
-
|
8,799.99
|
92.00
|
2,392.00
|
45
|
8,800.00
|
-
|
8,949.99
|
93.00
|
2,418.00
|
46
|
8,950.00
|
-
|
9,099.99
|
95.00
|
2,470.00
|
47
|
9,100.00
|
-
|
9,249.99
|
97.00
|
2,522.00
|
48
|
9,250.00
|
-
|
9,399.99
|
98.00
|
2,548.00
|
49
|
9,400.00
|
-
|
9,549.99
|
100.00
|
2,600.00
|
50
|
9,550.00
|
-
|
9,699.99
|
101.00
|
2,626.00
|
51
|
9,700.00
|
-
|
9,849.99
|
103.00
|
2,678.00
|
52
|
9,850.00
|
-
|
9,999.99
|
104.00
|
2,704.00
|
53
|
10,000.00
|
-
|
10,149.99
|
106.00
|
2,756.00
|
54
|
10,150.00
|
-
|
10,299.99
|
108.00
|
2,808.00
|
55
|
10,300.00
|
-
|
10,449.99
|
109.00
|
2,834.00
|
56
|
10,450.00
|
-
|
10,599.99
|
111.00
|
2,886.00
|
57
|
10,600.00
|
-
|
10,749.99
|
112.00
|
2,912.00
|
58
|
10,750.00
|
-
|
10,899.99
|
114.00
|
2,964.00
|
59
|
10,900.00
|
-
|
11,049.99
|
116.00
|
3,016.00
|
60
|
11,050.00
|
-
|
11,199.99
|
117.00
|
3,042.00
|
61
|
11,200.00
|
-
|
11,349.99
|
119.00
|
3,094.00
|
62
|
11,350.00
|
-
|
11,499.99
|
120.00
|
3,120.00
|
63
|
11,500.00
|
-
|
11,649.99
|
122.00
|
3,172.00
|
64
|
11,650.00
|
-
|
11,799.99
|
124.00
|
3,224.00
|
65
|
11,800.00
|
-
|
11,949.99
|
125.00
|
3,250.00
|
66
|
11,950.00
|
-
|
12,099.99
|
127.00
|
3,302.00
|
67
|
12,100.00
|
-
|
12,249.99
|
128.00
|
3,328.00
|
68
|
12,250.00
|
-
|
12,399.99
|
130.00
|
3,380.00
|
69
|
12,400.00
|
-
|
12,549.99
|
131.00
|
3,406.00
|
70
|
12,550.00
|
-
|
12,699.99
|
133.00
|
3,458.00
|
71
|
12,700.00
|
-
|
12,849.99
|
135.00
|
3,510.00
|
72
|
12,850.00
|
-
|
12,999.99
|
136.00
|
3,536.00
|
73
|
13,000.00
|
-
|
13,149.99
|
138.00
|
3,588.00
|
74
|
13,150.00
|
-
|
13,299.99
|
139.00
|
3,614.00
|
75
|
13,300.00
|
-
|
13,449.99
|
141.00
|
3,666.00
|
76
|
13,450.00
|
-
|
13,599.99
|
143.00
|
3,718.00
|
77
|
13,600.00
|
-
|
13,749.99
|
144.00
|
3,744.00
|
78
|
13,750.00
|
-
|
13,899.99
|
146.00
|
3,796.00
|
79
|
13,900.00
|
-
|
14,049.99
|
147.00
|
3,822.00
|
80
|
14,050.00
|
-
|
14,199.99
|
149.00
|
3,874.00
|
81
|
14,200.00
|
-
|
14,349.99
|
150.00
|
3,900.00
|
82
|
14,350.00
|
-
|
14,499.99
|
152.00
|
3,952.00
|
83
|
14,500.00
|
-
|
14,649.99
|
154.00
|
4,004.00
|
84
|
14,650.00
|
-
|
14,799.99
|
155.00
|
4,030.00
|
85
|
14,800.00
|
-
|
14,949.99
|
157.00
|
4,082.00
|
86
|
14,950.00
|
-
|
15,099.99
|
158.00
|
4,108.00
|
87
|
15,100.00
|
-
|
15,249.99
|
160.00
|
4,160.00
|
88
|
15,250.00
|
-
|
15,399.99
|
162.00
|
4,212.00
|
89
|
15,400.00
|
-
|
15,549.99
|
163.00
|
4,238.00
|
90
|
15,550.00
|
-
|
15,699.99
|
165.00
|
4,290.00
|
91
|
15,700.00
|
-
|
15,849.99
|
166.00
|
4,316.00
|
92
|
15,850.00
|
-
|
15,999.99
|
168.00
|
4,368.00
|
93
|
16,000.00
|
-
|
16,149.99
|
170.00
|
4,420.00
|
94
|
16,150.00
|
-
|
16,299.99
|
171.00
|
4,446.00
|
95
|
16,300.00
|
-
|
16,449.99
|
173.00
|
4,498.00
|
96
|
16,450.00
|
-
|
16,599.99
|
174.00
|
4,524.00
|
97
|
16,600.00
|
-
|
16,749.99
|
176.00
|
4,576.00
|
98
|
16,750.00
|
-
|
16,899.99
|
177.00
|
4,602.00
|
99
|
16,900.00
|
-
|
17,049.99
|
179.00
|
4,654.00
|
100
|
17,050.00
|
-
|
17,199.99
|
181.00
|
4,706.00
|
101
|
17,200.00
|
-
|
17,349.99
|
182.00
|
4,732.00
|
102
|
17,350.00
|
-
|
17,499.99
|
184.00
|
4,784.00
|
103
|
17,500.00
|
-
|
17,649.99
|
185.00
|
4,810.00
|
104
|
17,650.00
|
-
|
17,799.99
|
187.00
|
4,862.00
|
105
|
17,800.00
|
-
|
17,949.99
|
189.00
|
4,914.00
|
106
|
17,950.00
|
-
|
18,099.99
|
190.00
|
4,940.00
|
107
|
18,100.00
|
-
|
18,249.99
|
192.00
|
4,992.00
|
108
|
18,250.00
|
-
|
18,399.99
|
193.00
|
5,018.00
|
109
|
18,400.00
|
-
|
18,549.99
|
195.00
|
5,070.00
|
110
|
18,550.00
|
-
|
18,699.99
|
196.00
|
5,096.00
|
111
|
18,700.00
|
-
|
18,849.99
|
198.00
|
5,148.00
|
112
|
18,850.00
|
-
|
18,999.99
|
200.00
|
5,200.00
|
113
|
19,000.00
|
-
|
19,149.99
|
201.00
|
5,226.00
|
114
|
19,150.00
|
-
|
19,299.99
|
203.00
|
5,278.00
|
115
|
19,300.00
|
-
|
19,449.99
|
204.00
|
5,304.00
|
116
|
19,450.00
|
-
|
19,599.99
|
206.00
|
5,356.00
|
117
|
19,600.00
|
-
|
19,749.99
|
208.00
|
5,408.00
|
118
|
19,750.00
|
-
|
19,899.99
|
209.00
|
5,434.00
|
119
|
19,900.00
|
-
|
20,049.99
|
211.00
|
5,486.00
|
120
|
20,050.00
|
-
|
20,199.99
|
212.00
|
5,512.00
|
121
|
20,200.00
|
-
|
20,349.99
|
214.00
|
5,564.00
|
122
|
20,350.00
|
-
|
20,499.99
|
216.00
|
5,616.00
|
123
|
20,500.00
|
-
|
20,649.99
|
217.00
|
5,642.00
|
124
|
20,650.00
|
-
|
20,799.99
|
219.00
|
5,694.00
|
125
|
20,800.00
|
-
|
20,949.99
|
220.00
|
5,720.00
|
126
|
20,950.00
|
-
|
21,099.99
|
222.00
|
5,772.00
|
127
|
21,100.00
|
-
|
21,249.99
|
223.00
|
5,798.00
|
128
|
21,250.00
|
-
|
21,399.99
|
225.00
|
5,850.00
|
129
|
21,400.00
|
-
|
21,549.99
|
227.00
|
5,902.00
|
130
|
21,550.00
|
-
|
21,699.99
|
228.00
|
5,928.00
|
131
|
21,700.00
|
-
|
21,849.99
|
230.00
|
5,980.00
|
132
|
21,850.00
|
-
|
21,999.99
|
231.00
|
6,006.00
|
133
|
22,000.00
|
-
|
22,149.99
|
233.00
|
6,058.00
|
134
|
22,150.00
|
-
|
22,299.99
|
235.00
|
6,110.00
|
135
|
22,300.00
|
-
|
22,449.99
|
236.00
|
6,136.00
|
136
|
22,450.00
|
-
|
22,599.99
|
238.00
|
6,188.00
|
137
|
22,600.00
|
-
|
22,749.99
|
239.00
|
6,214.00
|
138
|
22,750.00
|
-
|
22,899.99
|
241.00
|
6,266.00
|
139
|
22,900.00
|
-
|
23,049.99
|
243.00
|
6,318.00
|
140
|
23,050.00
|
-
|
23,199.99
|
244.00
|
6,344.00
|
141
|
23,200.00
|
-
|
23,349.99
|
246.00
|
6,396.00
|
142
|
23,350.00
|
-
|
23,499.99
|
247.00
|
6,422.00
|
143
|
23,500.00
|
-
|
23,649.99
|
249.00
|
6,474.00
|
144
|
23,650.00
|
-
|
23,799.99
|
250.00
|
6,500.00
|
145
|
23,800.00
|
-
|
23,949.99
|
252.00
|
6,552.00
|
146
|
23,950.00
|
-
|
24,099.99
|
254.00
|
6,604.00
|
147
|
24,100.00
|
-
|
24,249.99
|
255.00
|
6,630.00
|
148
|
24,250.00
|
-
|
24,399.99
|
257.00
|
6,682.00
|
149
|
24,400.00
|
-
|
24,549.99
|
258.00
|
6,708.00
|
150
|
24,550.00
|
-
|
24,699.99
|
260.00
|
6,760.00
|
151
|
24,700.00
|
-
|
24,849.99
|
262.00
|
6,812.00
|
152
|
24,850.00
|
-
|
24,999.99
|
263.00
|
6,838.00
|
153
|
25,000.00
|
-
|
25,149.99
|
265.00
|
6,890.00
|
154
|
25,150.00
|
-
|
25,299.99
|
266.00
|
6,916.00
|
155
|
25,300.00
|
-
|
25,449.99
|
268.00
|
6,968.00
|
156
|
25,450.00
|
-
|
25,599.99
|
269.00
|
6,994.00
|
157
|
25,600.00
|
-
|
25,749.99
|
271.00
|
7,046.00
|
158
|
25,750.00
|
-
|
25,899.99
|
273.00
|
7,098.00
|
159
|
25,900.00
|
-
|
26,049.99
|
274.00
|
7,124.00
|
160
|
26,050.00
|
-
|
26,199.99
|
276.00
|
7,176.00
|
161
|
26,200.00
|
-
|
26,349.99
|
277.00
|
7,202.00
|
162
|
26,350.00
|
-
|
26,499.99
|
279.00
|
7,254.00
|
163
|
26,500.00
|
-
|
26,649.99
|
281.00
|
7,306.00
|
164
|
26,650.00
|
-
|
26,799.99
|
282.00
|
7,332.00
|
165
|
26,800.00
|
-
|
26,949.99
|
284.00
|
7,384.00
|
166
|
26,950.00
|
-
|
27,099.99
|
285.00
|
7,410.00
|
167
|
27,100.00
|
-
|
27,249.99
|
287.00
|
7,462.00
|
168
|
27,250.00
|
-
|
27,399.99
|
289.00
|
7,514.00
|
169
|
27,400.00
|
-
|
AND OVER
|
290.00
|
7,540.00
|
(d) After he or she has established such wage classes, the
commissioner shall prepare and publish a table setting forth such
information.
(e) Average weekly wage shall be computed by dividing the
number of employees in West Virginia earning wages in covered
employment into the total wages paid to employees in West Virginia
in covered employment, and by further dividing said result by
fifty-two, and shall be determined from employer wage and
contribution reports for the previous calendar year which are
furnished to the department on or before June 1 following such
calendar year. The average weekly wage, as determined by the
commissioner, shall be rounded to the next higher dollar.
(f) The computation and determination of rates as aforesaid
shall be completed annually before July 1 and any such new wage
class, with its corresponding wages in base period, weekly benefit
rate, and maximum benefit in a benefit year established by the
commissioner in the foregoing manner effective on July 1 shall
apply only to a new claim established by a claimant on and after
July 1, and does not apply to continued claims of a claimant based
on his or her new claim established before said July 1.
BENEFIT TABLE
A
WAGE
|
|
B
WAGES IN
|
C
WEEKLY
|
MAXIMUM
|
CLASS
|
|
BASE PERIOD
|
BENEFIT RATE
|
BENEFIT RATE
|
|
|
Under $ 2,200.00
|
Ineligible
|
|
1
|
$
|
2,200.00
|
-
|
2,359.99
|
24.00
|
624.00
|
2
|
|
2,350.00
|
-
|
2,499.99
|
25.00
|
650.00
|
3
|
|
2,500.00
|
-
|
2,649.99
|
27.00
|
702.00
|
4
|
|
2,650.00
|
-
|
2,799.99
|
28.00
|
728.00
|
5
|
|
2,800.00
|
-
|
2,949.99
|
30.00
|
780.00
|
6
|
|
2,950.00
|
-
|
3,099.99
|
31.00
|
806.00
|
7
|
|
3,100.00
|
-
|
3,249.99
|
33.00
|
858.00
|
8
|
|
3,250.00
|
-
|
3,399.99
|
35.00
|
910.00
|
9
|
|
3,400.00
|
-
|
3,549.99
|
36.00
|
936.00
|
10
|
|
3,550.00
|
-
|
3,699.99
|
38.00
|
988.00
|
11
|
|
3,700.00
|
-
|
3,849.99
|
39.00
|
1,014.00
|
12
|
|
3,850.00
|
-
|
3,999.99
|
41.00
|
1,066.00
|
13
|
|
4,000.00
|
-
|
4,149.99
|
43.00
|
1,118.00
|
14
|
|
4,150.00
|
-
|
4,299.99
|
44.00
|
1,144.00
|
15
|
|
4,300.00
|
-
|
4,449.99
|
46.00
|
1,196.00
|
16
|
|
4,450.00
|
-
|
4,599.99
|
47.00
|
1,222.00
|
17
|
|
4,600.00
|
-
|
4,749.99
|
49.00
|
1,274.00
|
18
|
|
4,750.00
|
-
|
4,899.99
|
51.00
|
1,326.00
|
19
|
|
4,900.00
|
-
|
5,049.99
|
52.00
|
1,352.00
|
20
|
|
5,050.00
|
-
|
5,199.99
|
54.00
|
1,404.00
|
7,462.00 16827,250.00 -27,399.99289.00 7,514.00 16927,400.00 -27,549.99290.00 7,540.00 17027,550.00 -27,699.99292.00 7,592.00 17127,700.00 -27,849.99293.00 7,618.00 17227,850.00 -27,999.99295.00 7,670.00 17328,000.00 -28,149.99296.00 7,696.00 17428,150.00 -28,299.99298.00 7,748.00 17528,300.00 -28,449.99300.00 7,800.00 17628,450.00 -28,599.99301.00 7,826.00 17728,600.00 -28,749.99303.00 7,878.00 17828,750.00 -28,899.99304.00 7,904.00 17928,900.00 -29,049.99306.00 7,956.00 18029,050.00 -29,199.99308.00 8,008.00 18129,200.00 -29,349.99309.00 8,034.00 18229,350.00 -29,499.99311.00 8,086.00 18329,500.00 -29,649.99312.00 8,112.00 18429,650.00 -29,799.99314.00 8,164.00 18529,800.00 -
29,949.99315.00 8,190.00 18629,950.00 -30,099.99317.00 8,242.00 18730,100.00 -30,249.99319.00 8,294.00 18830,250.00 -30,399.99320.00 8,320.00 18930,400.00 -30,549.99322.00 8,372.00 19030,550.00 -30,699.99323.00 8,398.00 19130,700.00 -30,849.99325.00 8,450.00 19230,850.00 -30,999.99327.00 8,502.00 19331,000.00 -31,149.99328.00 8,528.00 19431,150.00 -31,299.99330.00 8,580.00 19531,300.00 -31,449.99331.00 8,606.00 19631,450.00 -31,599.99333.00 8,658.00 19731,600.00 -31,749.99335.00 8,710.00 19831,750.00 -31,899.99336.00 8,736.00 19931,900.00 -32,049.99338.00 8,788.00 20032,050.00 -32,199.99339.00 8,814.00 20132,200.00 -32,349.99341.00 8,866.00 20232,350.00 -32,499.99342.00 8,892.00 20332,500.00 -32,649.99344.00 8,944.00 20432,650.00 -32,799.99346.00 8,996.00 20532,800.00 -32,949.99347.00 9,022.00 20632,950.00 -33,099.99349.00 9,074.00 20733,100.00 -33,249.99350.00 9,100.00 20833,250.00 -33,399.99352.00 9,152.00 20933,400.00 -33,549.99354.00 9,204.00 21033,550.00 -
33,699.99355.00 9,230.0021133,700.00 -33,849.99357.00 9,282.0021233,850.00 -33,999.99358.00 9,308.0021334,000.00 -34,149.99360.00 9,360.0021434,150.00 -34,299.99361.00 9,386.0021534,300.00 -34,449.99363.00 9,438.0021634,450.00 -34,599.99365.00 9,490.0021734,600.00 -34,749.99366.00 9,516.0021834,750.00 -34,899.99368.00 9,568.0021934,900.00 -35,049.99369.00 9,594.0022035,050.00 -35,199.99371.00 9,646.0022135,200.00 -35,349.99373.00 9,698.0022235,350.00 -35,499.99374.00 9,724.0022335,500.00 -35,649.99376.00 9,776.0022435,650.00 -35,799.99377.00 9,802.0022535,800.00 -35,949.99379.00 9,854.0022635,950.00 -
36,999.99381.00 9,906.0022736,100.00 -36,249.99382.00 9,932.0022836,250.00 -36,399.99384.00 9,984.0022936,400.00 -36,549.99385.00 10,010.0023036,550.00 -36,699.99387.00 10,062.0023136,700.00 -36,849.99388.00 10,088.0023236,850.00 -36,999.99390.00 10,140.0023337,000.00 -37,149.99392.00 10,192.0023437,150.00 -37,299.99393.00 10,218.0023537,300.00 -37,449.99395.00 10,270.0023637,450.00 -37,599.99396.00 10,296.0023737,600.00 -37,749.99398.00 10,348.0023837,750.00 -37,899.99400.00 10,400.0023937,900.00 -38,049.99401.00 10,426.0024038,050.00 -38,199.99403.00 10,478.0024138,200.00 -38,349.99404.00 10,504.0024238,350.00 -38,499.99406.00 10,556.0024338,500.00 -38,649.99408.00 10,608.0024438,650.00 -38,799.99409.00 10,634.0024538,800.00 -38,949.99411.00 10,686.0024638,950.00 -39,099.99412.00 10,712.0024739,100.00 -39,249.99414.00 10,764.0024839,250.00 -39,399.99415.00 10,790.0024939,400.00 -39,549.99417.00 10,842.0025039,550.00 -39,699.99419.00 10,894.0025139,700.00 -39,849.99420.00 10,920.0025239,850.00 -39,999.99422.00 10,972.0025340,000.00 -40,149.99423.00 10,998.0025440,150.00 -and above424.00 11,024.00
21
|
|
5,200.00
|
-
|
5,349.99
|
55.00
|
1,430.00
|
22
|
|
5,350.00
|
-
|
5,499.99
|
57.00
|
1,482.00
|
23
|
|
5,500.00
|
-
|
5,649.99
|
58.00
|
1,508.00
|
24
|
|
5,650.00
|
-
|
5,799.99
|
60.00
|
1,560.00
|
25
|
|
5,800.00
|
-
|
5,949.99
|
62.00
|
1,612.00
|
26
|
|
5,950.00
|
-
|
6,099.99
|
63.00
|
1,638.00
|
27
|
|
6,100.00
|
-
|
6,249.99
|
65.00
|
1,690.00
|
28
|
|
6,250.00
|
-
|
6,399.99
|
66.00
|
1,716.00
|
29
|
|
6,400.00
|
-
|
6,549.99
|
68.00
|
1,768.00
|
30
|
|
6,550.00
|
-
|
6,699.99
|
70.00
|
1,820.00
|
31
|
|
6,700.00
|
-
|
6,849.99
|
71.00
|
1,846.00
|
32
|
|
6,850.00
|
-
|
6,999.99
|
73.00
|
1,898.00
|
33
|
|
7,000.00
|
-
|
7,149.99
|
74.00
|
1,924.00
|
34
|
|
7,150.00
|
-
|
7,299.99
|
76.00
|
1,976.00
|
35
|
|
7,300.00
|
-
|
7,449.99
|
78.00
|
2,028.00
|
36
|
|
7,450.00
|
-
|
7,599.99
|
79.00
|
2,054.00
|
37
|
|
7,600.00
|
-
|
7,749.99
|
81.00
|
2,106.00
|
38
|
|
7,750.00
|
-
|
7,899.99
|
82.00
|
2,132.00
|
39
|
|
7,900.00
|
-
|
8,049.99
|
84.00
|
2,184.00
|
40
|
|
8,050.00
|
-
|
8,199.99
|
85.00
|
2,210.00
|
41
|
|
8,200.00
|
-
|
8,349.99
|
87.00
|
2,262.00
|
42
|
|
8,350.00
|
-
|
8,499.99
|
89.00
|
2,314.00
|
43
|
|
8,500.00
|
-
|
8,649.99
|
90.00
|
2,340.00
|
44
|
|
8,650.00
|
-
|
8,799.99
|
92.00
|
2,392.00
|
45
|
|
8,800.00
|
-
|
8,949.99
|
93.00
|
2,418.00
|
46
|
|
8,950.00
|
-
|
9,099.99
|
95.00
|
2,470.00
|
47
|
|
9,100.00
|
-
|
9,249.99
|
97.00
|
2,522.00
|
48
|
|
9,250.00
|
-
|
9,399.99
|
98.00
|
2,548.00
|
49
|
|
9,400.00
|
-
|
9,549.99
|
100.00
|
2,600.00
|
50
|
|
9,550.00
|
-
|
9,699.99
|
101.00
|
2,626.00
|
51
|
|
9,700.00
|
-
|
9,849.99
|
103.00
|
2,678.00
|
52
|
|
9,850.00
|
-
|
9,999.99
|
104.00
|
2,704.00
|
53
|
|
10,000.00
|
-
|
10,149.99
|
106.00
|
2,756.00
|
54
|
|
10,150.00
|
-
|
10,299.99
|
108.00
|
2,808.00
|
55
|
|
10,300.00
|
-
|
10,449.99
|
109.00
|
2,834.00
|
56
|
|
10,450.00
|
-
|
10,599.99
|
111.00
|
2,886.00
|
57
|
|
10,600.00
|
-
|
10,749.99
|
112.00
|
2,912.00
|
58
|
|
10,750.00
|
-
|
10,899.99
|
114.00
|
2,964.00
|
59
|
|
10,900.00
|
-
|
11,049.99
|
116.00
|
3,016.00
|
60
|
|
11,050.00
|
-
|
11,199.99
|
117.00
|
3,042.00
|
61
|
|
11,200.00
|
-
|
11,349.99
|
119.00
|
3,094.00
|
62
|
|
11,350.00
|
-
|
11,499.99
|
120.00
|
3,120.00
|
63
|
|
11,500.00
|
-
|
11,649.99
|
122.00
|
3,172.00
|
64
|
|
11,650.00
|
-
|
11,799.99
|
124.00
|
3,224.00
|
65
|
|
11,800.00
|
-
|
11,949.99
|
125.00
|
3,250.00
|
66
|
|
11,950.00
|
-
|
12,099.99
|
127.00
|
3,302.00
|
67
|
|
12,100.00
|
-
|
12,249.99
|
128.00
|
3,328.00
|
68
|
|
12,250.00
|
-
|
12,399.99
|
130.00
|
3,380.00
|
69
|
|
12,400.00
|
-
|
12,549.99
|
131.00
|
3,406.00
|
70
|
|
12,550.00
|
-
|
12,699.99
|
133.00
|
3,458.00
|
71
|
|
12,700.00
|
-
|
12,849.99
|
135.00
|
3,510.00
|
72
|
|
12,850.00
|
-
|
12,999.99
|
136.00
|
3,536.00
|
73
|
|
13,000.00
|
-
|
13,149.99
|
138.00
|
3,588.00
|
74
|
|
13,150.00
|
-
|
13,299.99
|
139.00
|
3,614.00
|
75
|
|
13,300.00
|
-
|
13,449.99
|
141.00
|
3,666.00
|
76
|
|
13,450.00
|
-
|
13,599.99
|
143.00
|
3,718.00
|
77
|
|
13,600.00
|
-
|
13,749.99
|
144.00
|
3,744.00
|
78
|
|
13,750.00
|
-
|
13,899.99
|
146.00
|
3,796.00
|
79
|
|
13,900.00
|
-
|
14,049.99
|
147.00
|
3,822.00
|
80
|
|
14,050.00
|
-
|
14,199.99
|
149.00
|
3,874.00
|
81
|
|
14,200.00
|
-
|
14,349.99
|
150.00
|
3,900.00
|
82
|
|
14,350.00
|
-
|
14,499.99
|
152.00
|
3,952.00
|
83
|
|
14,500.00
|
-
|
14,649.99
|
154.00
|
4,004.00
|
84
|
|
14,650.00
|
-
|
14,799.99
|
155.00
|
4,030.00
|
85
|
|
14,800.00
|
-
|
14,949.99
|
157.00
|
4,082.00
|
86
|
|
14,950.00
|
-
|
15,099.99
|
158.00
|
4,108.00
|
87
|
|
15,100.00
|
-
|
15,249.99
|
160.00
|
4,160.00
|
88
|
|
15,250.00
|
-
|
15,399.99
|
162.00
|
4,212.00
|
89
|
|
15,400.00
|
-
|
15,549.99
|
163.00
|
4,238.00
|
90
|
|
15,550.00
|
-
|
15,699.99
|
165.00
|
4,290.00
|
91
|
|
15,700.00
|
-
|
15,849.99
|
166.00
|
4,316.00
|
92
|
|
15,850.00
|
-
|
15,999.99
|
168.00
|
4,368.00
|
93
|
|
16,000.00
|
-
|
16,149.99
|
170.00
|
4,420.00
|
94
|
|
16,150.00
|
-
|
16,299.99
|
171.00
|
4,446.00
|
95
|
|
16,300.00
|
-
|
16,449.99
|
173.00
|
4,498.00
|
96
|
|
16,450.00
|
-
|
16,599.99
|
174.00
|
4,524.00
|
97
|
|
16,600.00
|
-
|
16,749.99
|
176.00
|
4,576.00
|
98
|
|
16,750.00
|
-
|
16,899.99
|
177.00
|
4,602.00
|
99
|
|
16,900.00
|
-
|
17,049.99
|
179.00
|
4,654.00
|
100
|
|
17,050.00
|
-
|
17,199.99
|
181.00
|
4,706.00
|
101
|
|
17,200.00
|
-
|
17,349.99
|
182.00
|
4,732.00
|
102
|
|
17,350.00
|
-
|
17,499.99
|
184.00
|
4,784.00
|
103
|
|
17,500.00
|
-
|
17,649.99
|
185.00
|
4,810.00
|
104
|
|
17,650.00
|
-
|
17,799.99
|
187.00
|
4,862.00
|
105
|
|
17,800.00
|
-
|
17,949.99
|
189.00
|
4,914.00
|
106
|
|
17,950.00
|
-
|
18,099.99
|
190.00
|
4,940.00
|
107
|
|
18,100.00
|
-
|
18,249.99
|
192.00
|
4,992.00
|
108
|
|
18,250.00
|
-
|
18,399.99
|
193.00
|
5,018.00
|
109
|
|
18,400.00
|
-
|
18,549.99
|
195.00
|
5,070.00
|
110
|
|
18,550.00
|
-
|
18,699.99
|
196.00
|
5,096.00
|
111
|
|
18,700.00
|
-
|
18,849.99
|
198.00
|
5,148.00
|
112
|
|
18,850.00
|
-
|
18,999.99
|
200.00
|
5,200.00
|
113
|
|
19,000.00
|
-
|
19,149.99
|
201.00
|
5,226.00
|
114
|
|
19,150.00
|
-
|
19,299.99
|
203.00
|
5,278.00
|
115
|
|
19,300.00
|
-
|
19,449.99
|
204.00
|
5,304.00
|
116
|
|
19,450.00
|
-
|
19,599.99
|
206.00
|
5,356.00
|
117
|
|
19,600.00
|
-
|
19,749.99
|
208.00
|
5,408.00
|
118
|
|
19,750.00
|
-
|
19,899.99
|
209.00
|
5,434.00
|
119
|
|
19,900.00
|
-
|
20,049.99
|
211.00
|
5,486.00
|
120
|
|
20,050.00
|
-
|
20,199.99
|
212.00
|
5,512.00
|
121
|
|
20,200.00
|
-
|
20,349.99
|
214.00
|
5,564.00
|
122
|
|
20,350.00
|
-
|
20,499.99
|
216.00
|
5,616.00
|
123
|
|
20,500.00
|
-
|
20,649.99
|
217.00
|
5,642.00
|
124
|
|
20,650.00
|
-
|
20,799.99
|
219.00
|
5,694.00
|
125
|
|
20,800.00
|
-
|
20,949.99
|
220.00
|
5,720.00
|
126
|
|
20,950.00
|
-
|
21,099.99
|
222.00
|
5,772.00
|
127
|
|
21,100.00
|
-
|
21,249.99
|
223.00
|
5,798.00
|
128
|
|
21,250.00
|
-
|
21,399.99
|
225.00
|
5,850.00
|
129
|
|
21,400.00
|
-
|
21,549.99
|
227.00
|
5,902.00
|
130
|
|
21,550.00
|
-
|
21,699.99
|
228.00
|
5,928.00
|
131
|
|
21,700.00
|
-
|
21,849.99
|
230.00
|
5,980.00
|
132
|
|
21,850.00
|
-
|
21,999.99
|
231.00
|
6,006.00
|
133
|
|
22,000.00
|
-
|
22,149.99
|
233.00
|
6,058.00
|
134
|
|
22,150.00
|
-
|
22,299.99
|
235.00
|
6,110.00
|
135
|
|
22,300.00
|
-
|
22,449.99
|
236.00
|
6,136.00
|
136
|
|
22,450.00
|
-
|
22,599.99
|
238.00
|
6,188.00
|
137
|
|
22,600.00
|
-
|
22,749.99
|
239.00
|
6,214.00
|
138
|
|
22,750.00
|
-
|
22,899.99
|
241.00
|
6,266.00
|
139
|
|
22,900.00
|
-
|
23,049.99
|
243.00
|
6,318.00
|
140
|
|
23,050.00
|
-
|
23,199.99
|
244.00
|
6,344.00
|
141
|
|
23,200.00
|
-
|
23,349.99
|
246.00
|
6,396.00
|
142
|
|
23,350.00
|
-
|
23,499.99
|
247.00
|
6,422.00
|
143
|
|
23,500.00
|
-
|
23,649.99
|
249.00
|
6,474.00
|
144
|
|
23,650.00
|
-
|
23,799.99
|
250.00
|
6,500.00
|
145
|
|
23,800.00
|
-
|
23,949.99
|
252.00
|
6,552.00
|
146
|
|
23,950.00
|
-
|
24,099.99
|
254.00
|
6,604.00
|
147
|
|
24,100.00
|
-
|
24,249.99
|
255.00
|
6,630.00
|
148
|
|
24,250.00
|
-
|
24,399.99
|
257.00
|
6,682.00
|
149
|
|
24,400.00
|
-
|
24,549.99
|
258.00
|
6,708.00
|
150
|
|
24,550.00
|
-
|
24,699.99
|
260.00
|
6,760.00
|
151
|
|
24,700.00
|
-
|
24,849.99
|
262.00
|
6,812.00
|
152
|
|
24,850.00
|
-
|
24,999.99
|
263.00
|
6,838.00
|
153
|
|
25,000.00
|
-
|
25,149.99
|
265.00
|
6,890.00
|
154
|
|
25,150.00
|
-
|
25,299.99
|
266.00
|
6,916.00
|
155
|
|
25,300.00
|
-
|
25,449.99
|
268.00
|
6,968.00
|
156
|
|
25,450.00
|
-
|
25,599.99
|
269.00
|
6,994.00
|
157
|
|
25,600.00
|
-
|
25,749.99
|
271.00
|
7,046.00
|
158
|
|
25,750.00
|
-
|
25,899.99
|
273.00
|
7,098.00
|
159
|
|
25,900.00
|
-
|
26,049.99
|
274.00
|
7,124.00
|
160
|
|
26,050.00
|
-
|
26,199.99
|
276.00
|
7,176.00
|
161
|
|
26,200.00
|
-
|
26,349.99
|
277.00
|
7,202.00
|
162
|
|
26,350.00
|
-
|
26,499.99
|
279.00
|
7,254.00
|
163
|
|
26,500.00
|
-
|
26,649.99
|
281.00
|
7,306.00
|
164
|
|
26,650.00
|
-
|
26,799.99
|
282.00
|
7,332.00
|
165
|
|
26,800.00
|
-
|
26,949.99
|
284.00
|
7,384.00
|
166
|
|
26,950.00
|
-
|
27,099.99
|
285.00
|
7,410.00
|
167
|
|
27,100.00
|
-
|
27,249.99
|
287.00
|
__________
(NOTE: Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates new
language that would be added.)