CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
WVC 21 A- 8 -
ARTICLE 8. UNEMPLOYMENT COMPENSATION FUND.
WVC 21 A- 8 - 1
There is hereby established as a special fund, separate and
apart from all public moneys or funds of the state, an Unemployment
Compensation Fund. The fund shall consist of:
(1) All payments collected under this chapter.
(2) Interest earned upon money in the fund.
(3) Property or securities acquired through the use of the
(4) Earnings of such property or securities.
(5) Amounts transferred from the Employment Security Special
(6) Any moneys loaned to the fund pursuant to section sixteen
of this article.
(7) Any moneys received from the federal unemployment account
in the Unemployment Trust Fund in accordance with Title XII of the
Social Security Act, as amended.
All money in the funds shall be mingled and undivided.
Any interest required to be paid on advances under Title XII
of the Social Security Act, as amended, shall be paid by the date
on which such interest is due. No interest shall be paid directly
or indirectly from amounts in the Unemployment Compensation Trust
WVC 21 A- 8 - 2
The commissioner shall be the custodian of the fund and
shall administer it exclusively for the purposes of this chapter.
WVC 21 A- 8 - 3
§21A-8-3. Commissioner's bond.
The commissioner shall give a separate surety bond in the
sum of fifty thousand dollars for the faithful management of the
fund. The bond shall be in a form prescribed by the attorney
general and approved by the governor. The premiums upon the bond
shall be paid out of the administration fund.
The bond shall be filed with the secretary of state.
WVC 21 A- 8 - 4
§21A-8-4. Accounts in fund.
The commissioner shall maintain in the fund three separate
(1) A clearing account.
(2) An unemployment trust fund account.
(3) A benefit account.
WVC 21 A- 8 - 5
§21A-8-5. Clearing account.
Upon the receipt of payments and other moneys payable into
the fund under this chapter, the commissioner shall immediately
deposit them in the clearing account. Refunds payable under
section nineteen, article five, of payments erroneously
collected, shall be made from the clearing account. Such refunds
shall be made upon warrants issued by the commissioner. Interest
collected on delinquent payments shall be paid out of the
clearing account, upon warrants issued by the commissioner, into
the state treasury to be credited to the employment security
special administration fund.
WVC 21 A- 8 - 6
§21A-8-6. Unemployment trust fund account.
The unemployment trust fund account shall consist of money
deposited with the secretary of the treasury of the United States
to the credit of this state in the unemployment trust fund.
WVC 21 A- 8 - 7
§21A-8-7. Deposit with federal government.
Except as otherwise provided in section five of this
article, after clearance, moneys in the clearing account shall be
deposited immediately with the secretary of the treasury of the
United States to the credit of the account of this state in the
unemployment trust fund, established under section nine hundred
four of the Social Security Act. The deposit of these funds
shall not be conditioned by the requirements imposed upon public
funds of this state.
WVC 21 A- 8 - 8
§21A-8-8. Benefit account.
The benefit account shall consist of moneys requisitioned
from this state's account in the unemployment trust fund.
WVC 21 A- 8 - 9
§21A-8-9. Deposit of funds.
Except as otherwise provided in this article money in the
clearing and benefit accounts shall be deposited by the
commissioner, with the consent of the governor, in any bank or
public depository in which public funds of the state may be
deposited. No public deposit insurance charge or premium shall
be paid out of the unemployment compensation fund.
WVC 21 A- 8 - 10
Except as provided in section thirteen of this article, money
shall be requisitioned from this state's account in the
unemployment trust fund solely for the payment of benefits and
repayment of any loans outstanding from the Revenue Center
Construction Fund as provided in section sixteen of this article.
The commissioner may requisition from the unemployment trust fund
such amounts, not exceeding the amount of the account, as the
commissioner determines to be necessary for the payment of benefits
for a reasonable future period or to repay a loan outstanding from
the Revenue Center Construction Fund as provided in section sixteen
of this article.
Upon receipt of the money the commissioner shall deposit it in
the benefit account.
WVC 21 A- 8 - 11
§21A-8-11. Issuance and signing of warrants; forgery; penalty.
The commissioner shall issue his warrants for the payment of
benefits solely from the benefit account. Expenditures of money
in the benefit account and refunds from the clearing account
shall not be subject to limitations imposed upon the release of
public funds in the custody of state officers. All warrants when
issued by the commissioner shall bear his signature, personally
signed by him, or by such employees as are, in writing,
authorized by him to make his signature thereto, or bear a
facsimile of the commissioner's signature. Such signature of the
commissioner may be made, however, by means of such mechanical or
electrical device as the commissioner may select, after the same
shall have been approved by the governor and the attorney
general; any such mechanical or electrical device, as so
selected, to be safely kept in the office of the commissioner so
that no one shall have access thereto except the commissioner and
such of his employees, as may be authorized to sign warrants as
hereinabove provided. If any person, other than the
commissioner, or his employees duly and respectively authorized
by him so to do, as above provided, shall sign the name of the
commissioner by the use of any mechanical or electrical device,
or otherwise, or use the facsimile of the signature of the
commissioner on any warrant, or utter or attempt to employ as
true such forged warrant, knowing the same to be forged, he shall
be guilty of a felony, and upon conviction shall be confined in
the penitentiary not less than two nor more than ten years.
WVC 21 A- 8 - 12
§21A-8-12. Unclaimed amounts.
Amounts unclaimed or unpaid at the expiration of the period
for which sums have been requisitioned, shall be deducted from
the estimates for succeeding periods, or in the discretion of the
commissioner may be redeposited with the secretary of the
treasury of the United States in the unemployment trust fund.
WVC 21 A- 8 - 13
§21A-8-13. Termination of state act.
In case Title IX of the Federal Social Security Act is
declared unconstitutional by the supreme court of the United
States or is repealed by Congress or amended with the result that
no portion of the contributions required by this chapter may be
credited against the federal excise tax levied by Title IX of
such act, the provisions of this chapter by virtue of that fact
shall become inoperative.
All assets standing to the credit of the state in the
unemployment trust fund in the United States treasury shall be
requisitioned promptly by the commissioner. The assets of the
state's account in the trust fund shall be placed in the
unemployment compensation fund and together with the assets in
that fund shall be refunded pro rata to the contributors.
Money in the administration fund received from the federal
government shall be dealt with by the state treasurer pursuant to
the conditions of the grant thereof to the state of West
Virginia, and any assets therein which have been appropriated
thereto out of the general treasury of the state by the
Legislature shall revert to such general fund in the state
Corresponding action shall be taken with respect to assets
in the unemployment compensation fund, the unemployment trust
fund, and the administration fund, in the event that this chapter
shall be repealed by the Legislature, or declared invalid under
the state constitution by the supreme court of appeals of West
Virginia or invalid under the United States constitution by the supreme court of the United States.
The commissioner is hereby granted continuing authority for
the purposes of action provided for by this section in case any
of the above contingencies occur.
WVC 21 A- 8 - 14
§21A-8-14. Transfer of funds to railroad unemployment insurance
Notwithstanding any requirements of the foregoing sections
of this article, the commissioner shall, prior to whichever is
the later of (1) thirty days after the close of this session of
the Legislature and (2) July first, one thousand nine hundred
thirty-nine, authorize and direct the secretary of the treasury
of the United States to transfer from this state's account in the
unemployment trust fund, established and maintained pursuant to
section nine hundred four of the Social Security Act, as amended,
to the railroad unemployment insurance account, established and
maintained pursuant to section ten of the Railroad Unemployment
Insurance Act, an amount hereinafter referred to as the
preliminary amount; and shall, prior to whichever is the later of
(1) thirty days after the close of this session of the
Legislature and (2) January first, one thousand nine hundred
forty, authorize and direct the secretary of the treasury of the
United States to transfer from this state's account in said
unemployment trust fund to said railroad unemployment insurance
account, an additional amount, hereinafter referred to as the
liquidating amount. The preliminary amount shall consist of that
proportion of the balance in the unemployment compensation fund
as of June thirtieth, one thousand nine hundred thirty-nine, as
the total amount of contributions collected from "employers" (as
the term "employer" is defined in section one-a of the Railroad
Unemployment Insurance Act) and credited to the unemployment
compensation fund bears to all contributions theretofore collected under this chapter and credited to the unemployment
compensation fund. The liquidating amount shall consist of the
total amount of contributions collected from "employers" (as the
term "employer" is defined in section one-a of the Railroad
Unemployment Insurance Act) pursuant to the provisions of this
chapter during the period July first, one thousand nine hundred
thirty-nine to December thirty-first, one thousand nine hundred
WVC 21 A- 8 - 15
§21A-8-15. Administrative use of money credited to account of State in Unemployment Trust Fund pursuant to § 903 of Social Security Act.
Money credited to the account of this State in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to section nine hundred three of the Social Security Act, as amended, may not be requisitioned from this State’s account or used except for the payment of expenses incurred for the administration of this chapter. Such money may be requisitioned pursuant to section ten [§§ 21A-8-10 et seq.] of this article for the payment of benefits. Such money may also be requisitioned and used for the payment of expenses incurred for the administration of this chapter but only pursuant to a specific appropriation by the Legislature and only if the expenses are incurred and the money requisitioned after the enactment of an appropriation law which specifies the purposes for which such money is appropriated and the amounts appropriated therefor. Such appropriation is subject to the following conditions:
(1) The period within which such money may be obligated is limited to a period ending not more than two years after the effective date of the appropriation law; and
(2) The amount which may be obligated is limited to an amount which does not exceed the amount by which (A) the aggregate of the amounts transferred to the account of this state pursuant to section 903 of the Social Security Act exceeds, (B) the aggregate of the amounts used by this State pursuant to this chapter and charged against the amounts transferred to the account of this State.
(b) For purposes of subdivision (2) of subsection (a), amounts obligated for administrative purposes pursuant to an appropriation shall be chargeable against transferred amounts at the exact time the obligation is entered into. The appropriation, obligation, and expenditure or other disposition of money appropriated under subdivision (2) shall be accounted for in accordance with standards established by the United States Secretary of Labor.
(c) Money requisitioned for the payment of expenses of administration pursuant to this section shall be deposited in the Employment Security Administration Fund, but, until expended, shall remain a part of the Unemployment Compensation Fund. The commissioner shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. If any money so deposited is, for any reason, not to be expended for the purpose for which it was appropriated, or, if it remains unexpended at the end of the period specified by the law appropriating such money, it shall be withdrawn and returned to the Secretary of the Treasury of the United States for credit to this State’s account in the Unemployment Trust Fund.
WVC 21 A- 8 - 16
§21A-8-16. Loans to Unemployment Compensation Fund from Revenue
Center Construction Fund
(a) Notwithstanding any provision of this code to the contrary
and subject to the provisions of this section, the Governor is
hereby authorized, by executive order, after first notifying the
presiding officers of both houses of the Legislature in writing, to
borrow funds from the Revenue Center Construction Fund created by
chapter nineteen, acts of the Legislature, first extraordinary
session, two thousand six, for deposit into the Unemployment
Compensation Fund, created in section one of this article, to be
expended in accordance with this code. The amount of funds
borrowed and outstanding under this section may not exceed $20
million at any one time, or the amount the Governor determines is
necessary to adequately sustain the balance in the Unemployment
Compensation Fund at a minimum of $20 million, whichever is less.
(b) Notwithstanding the provisions of subsection (a) of this
section, the Governor may not borrow funds from the Revenue Center
Construction Fund unless the Executive Director of Workforce West
Virginia has projected that the balance in the state's Unemployment
Compensation Fund will be less than $20 million at any time during
the next thirty days.
(c) Any funds borrowed pursuant to this subsection shall be
repaid from funds on deposit in the Unemployment Trust Fund in
excess of $20 million or from other funds legally available for
such purpose, without interest, and redeposited to the credit of the Revenue Center Construction Fund within one-hundred-eighty days
of their withdrawal.
(d) No amounts may be borrowed pursuant to the provisions of
this section after September 1, 2011.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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