H. B. 2763
(By Delegates Boggs, Fragale and White)
[Passed March 11, 2011; in effect from passage.]
AN ACT to amend and reenact §21A-7-11 of the Code of West Virginia,
1931, as amended, relating to prohibiting the Executive
Director of Workforce West Virginia from billing a
reimbursable employer under the unemployment compensation law
for overpaid amounts of benefits paid to a claimant; and in
cases where the employer has been billed and paid the bill for
benefits which are subsequently determined to be an
overpayment, requiring the executive director to reimburse
the employer for the amount of the overpayment.
Be it enacted by the Legislature of West Virginia:
That §21A-7-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. CLAIM PROCEDURE.
§21A-7-11. Benefits pending appeal.
(a) Benefits found payable by decision of a deputy, appeal
tribunal, the board or court shall be immediately paid up to the
week in which a subsequent appellate body renders a decision, by
order, finding that benefits were not or are not payable.
(b) If, at any appeal stage, benefits are found to be payable
which were found before the appeal stage to be not payable, the
commissioner shall immediately reinstate the payment benefits.
(c) If the final decision in any case determines that a
claimant was not lawfully entitled to benefits paid to him or her
pursuant to a prior decision, the amount of benefits paid are
(1) The commissioner shall recover such amount by civil action
or in any manner provided in this code for the collection of
past-due payment and shall withhold, in whole or in part, as
determined by the commissioner, any future benefits payable to the
individual and credit the amount against the overpayment until it
is repaid in full.
(2) The commissioner may not bill an employer under section
three-a, article five of this chapter for overpaid amounts of
benefits paid to a claimant. In any instance where the
commissioner has billed an employer, the employer has paid the
billed amount and the amount is determined under this section to be
an overpayment, the commissioner shall reimburse the employer for
the amount of the overpayment paid by the employer from the
Unemployment Compensation Trust Fund, if allowed by federal law,
and if not from the Administrative Fund:
Provided, That no employer
shall be entitled to any payment under this subdivision unless such
employer has filed all requested adequate separation information
within the required time frame.
(d) If the final decision in any case determines that the
claimant was not lawfully entitled to the benefits paid to him or her pursuant to a prior order any benefits paid pursuant to the
prior order, are not chargeable to the employer's account.
(e) Whenever the commissioner finds that a claimant has
received back pay at his or her customary wage rate from his or her
employer the employee is liable to repay the benefits, if any, paid
to the individual for the time he or she was unemployed.
(f) In any case in which, under this section, an employee is
liable to repay benefits to the commissioner, the amount is
collectible by civil action in the name of the commissioner.
(g) Whenever an employer subject to this chapter is required
to make a payment of back pay to an individual who has received
unemployment compensation benefits during the same period covered
by the back pay award, the employer shall withhold an amount equal
to the unemployment compensation benefits and shall repay the
amount withheld to the Unemployment Compensation Trust Fund. If an
employer fails to comply with this section, the commissioner may
recover from the employer the amount of unemployment compensation
benefits which should have been withheld by a civil action.