State Codes and Statutes

Statutes > Virginia > Title-60-2 > Chapter-5 > 60-2-528

§ 60.2-528. Individual benefit charges.

A. An individual's "benefit charges" shall be computed in the followingmanner:

1. For each week benefits are received, a claimant's "benefit charges"shall be equal to his benefits received for such week.

2. For each week extended benefits are received, pursuant to § 60.2-610 or60.2-611, a claimant's "benefit charges" shall be equal to one-half hisbenefits received for such week. However, a claimant's "benefit charges"for extended benefits attributable to service in the employ of a governmentalentity referred to in subdivisions 1 through 3 of subsection A of § 60.2-213shall be equal to the full amount of such extended benefit.

3. For each week partial benefits are received, the claimant's "benefitcharges" shall be computed (i) in the case of regular benefits as insubdivision 1 of this subsection, or (ii) in the case of extended benefits asin subdivision 2 of this subsection.

B. 1. The employing unit from whom such individual was separated, resultingin the current period of unemployment, shall be the most recent employingunit for whom such individual has performed services for remuneration (i)during 30 days, whether or not such days are consecutive, or (ii) during 240hours. If such individual's unemployment is caused by separation from anemployer, such individual's "benefit charges" for such period ofunemployment shall be deemed the responsibility of the last employer for (i)30 days or (ii) 240 hours prior to such period of unemployment.

2. Any employer charged with benefits paid shall be notified of the chargesquarterly by the Commission. The amount specified shall be conclusive on theemployer unless, not later than 30 days after the notice of benefit chargeswas mailed to its last known address or otherwise delivered to it, theemployer files an appeal with the Commission, setting forth the grounds forsuch an appeal. Proceedings on appeal to the Commission regarding the amountof benefit charges under this subsection or a redetermination of such amountshall be in accordance with the provisions of § 60.2-500. The decision of theCommission shall be subject to the provisions of § 60.2-500. Any appealperfected pursuant to the provisions of this section shall not address anyissue involving the merits or conditions of a claimant's separation fromemployment.

C. No "benefit charges" shall be deemed the responsibility of an employerof:

1. An individual whose separation from the work of such employer arose as aresult of a violation of the law by such individual, which violation led toconfinement in any jail or prison;

2. An individual who voluntarily left employment in order to accept otheremployment, genuinely believing such employment to be permanent;

3. An individual with respect to any weeks in which benefits are claimed andreceived after such date as that individual refused to accept an offer ofrehire by the employer because such individual was in training with approvalof the Commission pursuant to § 60.2-613;

4. An individual who voluntarily left employment to enter training approvedunder § 236 of the Trade Act of 1974 (19 U.S.C. § 2296 et seq.);

5. An individual hired to replace a member of the Reserve of the UnitedStates Armed Forces or the National Guard called into active duty inconnection with an international conflict and whose employment is terminatedconcurrent with and because of that member's return from active duty;

6. An individual who left employment voluntarily with good cause due to apersonal bona fide medical reason caused by a non-job-related injury ormedical condition;

7. An individual participating as an inmate in (i) state or local workrelease programs pursuant to § 53.1-60 or 53.1-131; (ii) communityresidential programs pursuant to §§ 53.1-177, 53.1-178, and 53.1-179; or(iii) any similar work release program, whose separation from work arose fromconditions of release or parole from such program;

8. An individual who was unable to work at his regular employment due to adisaster for which the Governor, by executive order, has declared a state ofemergency, if such disaster forced the closure of the employer's business. Inno case shall more than four weeks of benefit charges be waived; or

9. (Contingent effective date - see Editor's note.) An individual who leavesemployment to accompany his spouse to the location of the spouse's new dutyassignment if: (i) the spouse is on active duty in the military or navalservices of the United States; (ii) the spouse's relocation to a newmilitary-related assignment is pursuant to a permanent change of stationorder; (iii) the location of the spouse's new duty assignment is not readilyaccessible from the individual's place of employment; and (iv) the spouse'snew duty assignment is located in a state that, pursuant to statute, does notdeem a person accompanying a military spouse as a person leaving workvoluntarily without good cause.

(Code 1950, § 60-68; 1952, c. 184; 1954, c. 203; 1956, c. 440; 1958, c. 36;1960, c. 136; 1962, cc. 12, 83; 1964, c. 3; 1966, c. 30; 1968, c. 9; 1968, c.738, § 60.1-80; 1970, c. 104; 1972, c. 764; 1974, c. 466; 1976, c. 708; 1977,c. 330; 1978, c. 493; 1979, c. 634; 1980, c. 463; 1981, cc. 250, 606; 1986,c. 480; 1989, c. 104; 1991, c. 249; 1991, Sp. Sess., c. 9; 1997, c. 202;2001, c. 721; 2004, cc. 583, 977; 2005, cc. 44, 105; 2009, c. 878.)

State Codes and Statutes

Statutes > Virginia > Title-60-2 > Chapter-5 > 60-2-528

§ 60.2-528. Individual benefit charges.

A. An individual's "benefit charges" shall be computed in the followingmanner:

1. For each week benefits are received, a claimant's "benefit charges"shall be equal to his benefits received for such week.

2. For each week extended benefits are received, pursuant to § 60.2-610 or60.2-611, a claimant's "benefit charges" shall be equal to one-half hisbenefits received for such week. However, a claimant's "benefit charges"for extended benefits attributable to service in the employ of a governmentalentity referred to in subdivisions 1 through 3 of subsection A of § 60.2-213shall be equal to the full amount of such extended benefit.

3. For each week partial benefits are received, the claimant's "benefitcharges" shall be computed (i) in the case of regular benefits as insubdivision 1 of this subsection, or (ii) in the case of extended benefits asin subdivision 2 of this subsection.

B. 1. The employing unit from whom such individual was separated, resultingin the current period of unemployment, shall be the most recent employingunit for whom such individual has performed services for remuneration (i)during 30 days, whether or not such days are consecutive, or (ii) during 240hours. If such individual's unemployment is caused by separation from anemployer, such individual's "benefit charges" for such period ofunemployment shall be deemed the responsibility of the last employer for (i)30 days or (ii) 240 hours prior to such period of unemployment.

2. Any employer charged with benefits paid shall be notified of the chargesquarterly by the Commission. The amount specified shall be conclusive on theemployer unless, not later than 30 days after the notice of benefit chargeswas mailed to its last known address or otherwise delivered to it, theemployer files an appeal with the Commission, setting forth the grounds forsuch an appeal. Proceedings on appeal to the Commission regarding the amountof benefit charges under this subsection or a redetermination of such amountshall be in accordance with the provisions of § 60.2-500. The decision of theCommission shall be subject to the provisions of § 60.2-500. Any appealperfected pursuant to the provisions of this section shall not address anyissue involving the merits or conditions of a claimant's separation fromemployment.

C. No "benefit charges" shall be deemed the responsibility of an employerof:

1. An individual whose separation from the work of such employer arose as aresult of a violation of the law by such individual, which violation led toconfinement in any jail or prison;

2. An individual who voluntarily left employment in order to accept otheremployment, genuinely believing such employment to be permanent;

3. An individual with respect to any weeks in which benefits are claimed andreceived after such date as that individual refused to accept an offer ofrehire by the employer because such individual was in training with approvalof the Commission pursuant to § 60.2-613;

4. An individual who voluntarily left employment to enter training approvedunder § 236 of the Trade Act of 1974 (19 U.S.C. § 2296 et seq.);

5. An individual hired to replace a member of the Reserve of the UnitedStates Armed Forces or the National Guard called into active duty inconnection with an international conflict and whose employment is terminatedconcurrent with and because of that member's return from active duty;

6. An individual who left employment voluntarily with good cause due to apersonal bona fide medical reason caused by a non-job-related injury ormedical condition;

7. An individual participating as an inmate in (i) state or local workrelease programs pursuant to § 53.1-60 or 53.1-131; (ii) communityresidential programs pursuant to §§ 53.1-177, 53.1-178, and 53.1-179; or(iii) any similar work release program, whose separation from work arose fromconditions of release or parole from such program;

8. An individual who was unable to work at his regular employment due to adisaster for which the Governor, by executive order, has declared a state ofemergency, if such disaster forced the closure of the employer's business. Inno case shall more than four weeks of benefit charges be waived; or

9. (Contingent effective date - see Editor's note.) An individual who leavesemployment to accompany his spouse to the location of the spouse's new dutyassignment if: (i) the spouse is on active duty in the military or navalservices of the United States; (ii) the spouse's relocation to a newmilitary-related assignment is pursuant to a permanent change of stationorder; (iii) the location of the spouse's new duty assignment is not readilyaccessible from the individual's place of employment; and (iv) the spouse'snew duty assignment is located in a state that, pursuant to statute, does notdeem a person accompanying a military spouse as a person leaving workvoluntarily without good cause.

(Code 1950, § 60-68; 1952, c. 184; 1954, c. 203; 1956, c. 440; 1958, c. 36;1960, c. 136; 1962, cc. 12, 83; 1964, c. 3; 1966, c. 30; 1968, c. 9; 1968, c.738, § 60.1-80; 1970, c. 104; 1972, c. 764; 1974, c. 466; 1976, c. 708; 1977,c. 330; 1978, c. 493; 1979, c. 634; 1980, c. 463; 1981, cc. 250, 606; 1986,c. 480; 1989, c. 104; 1991, c. 249; 1991, Sp. Sess., c. 9; 1997, c. 202;2001, c. 721; 2004, cc. 583, 977; 2005, cc. 44, 105; 2009, c. 878.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-60-2 > Chapter-5 > 60-2-528

§ 60.2-528. Individual benefit charges.

A. An individual's "benefit charges" shall be computed in the followingmanner:

1. For each week benefits are received, a claimant's "benefit charges"shall be equal to his benefits received for such week.

2. For each week extended benefits are received, pursuant to § 60.2-610 or60.2-611, a claimant's "benefit charges" shall be equal to one-half hisbenefits received for such week. However, a claimant's "benefit charges"for extended benefits attributable to service in the employ of a governmentalentity referred to in subdivisions 1 through 3 of subsection A of § 60.2-213shall be equal to the full amount of such extended benefit.

3. For each week partial benefits are received, the claimant's "benefitcharges" shall be computed (i) in the case of regular benefits as insubdivision 1 of this subsection, or (ii) in the case of extended benefits asin subdivision 2 of this subsection.

B. 1. The employing unit from whom such individual was separated, resultingin the current period of unemployment, shall be the most recent employingunit for whom such individual has performed services for remuneration (i)during 30 days, whether or not such days are consecutive, or (ii) during 240hours. If such individual's unemployment is caused by separation from anemployer, such individual's "benefit charges" for such period ofunemployment shall be deemed the responsibility of the last employer for (i)30 days or (ii) 240 hours prior to such period of unemployment.

2. Any employer charged with benefits paid shall be notified of the chargesquarterly by the Commission. The amount specified shall be conclusive on theemployer unless, not later than 30 days after the notice of benefit chargeswas mailed to its last known address or otherwise delivered to it, theemployer files an appeal with the Commission, setting forth the grounds forsuch an appeal. Proceedings on appeal to the Commission regarding the amountof benefit charges under this subsection or a redetermination of such amountshall be in accordance with the provisions of § 60.2-500. The decision of theCommission shall be subject to the provisions of § 60.2-500. Any appealperfected pursuant to the provisions of this section shall not address anyissue involving the merits or conditions of a claimant's separation fromemployment.

C. No "benefit charges" shall be deemed the responsibility of an employerof:

1. An individual whose separation from the work of such employer arose as aresult of a violation of the law by such individual, which violation led toconfinement in any jail or prison;

2. An individual who voluntarily left employment in order to accept otheremployment, genuinely believing such employment to be permanent;

3. An individual with respect to any weeks in which benefits are claimed andreceived after such date as that individual refused to accept an offer ofrehire by the employer because such individual was in training with approvalof the Commission pursuant to § 60.2-613;

4. An individual who voluntarily left employment to enter training approvedunder § 236 of the Trade Act of 1974 (19 U.S.C. § 2296 et seq.);

5. An individual hired to replace a member of the Reserve of the UnitedStates Armed Forces or the National Guard called into active duty inconnection with an international conflict and whose employment is terminatedconcurrent with and because of that member's return from active duty;

6. An individual who left employment voluntarily with good cause due to apersonal bona fide medical reason caused by a non-job-related injury ormedical condition;

7. An individual participating as an inmate in (i) state or local workrelease programs pursuant to § 53.1-60 or 53.1-131; (ii) communityresidential programs pursuant to §§ 53.1-177, 53.1-178, and 53.1-179; or(iii) any similar work release program, whose separation from work arose fromconditions of release or parole from such program;

8. An individual who was unable to work at his regular employment due to adisaster for which the Governor, by executive order, has declared a state ofemergency, if such disaster forced the closure of the employer's business. Inno case shall more than four weeks of benefit charges be waived; or

9. (Contingent effective date - see Editor's note.) An individual who leavesemployment to accompany his spouse to the location of the spouse's new dutyassignment if: (i) the spouse is on active duty in the military or navalservices of the United States; (ii) the spouse's relocation to a newmilitary-related assignment is pursuant to a permanent change of stationorder; (iii) the location of the spouse's new duty assignment is not readilyaccessible from the individual's place of employment; and (iv) the spouse'snew duty assignment is located in a state that, pursuant to statute, does notdeem a person accompanying a military spouse as a person leaving workvoluntarily without good cause.

(Code 1950, § 60-68; 1952, c. 184; 1954, c. 203; 1956, c. 440; 1958, c. 36;1960, c. 136; 1962, cc. 12, 83; 1964, c. 3; 1966, c. 30; 1968, c. 9; 1968, c.738, § 60.1-80; 1970, c. 104; 1972, c. 764; 1974, c. 466; 1976, c. 708; 1977,c. 330; 1978, c. 493; 1979, c. 634; 1980, c. 463; 1981, cc. 250, 606; 1986,c. 480; 1989, c. 104; 1991, c. 249; 1991, Sp. Sess., c. 9; 1997, c. 202;2001, c. 721; 2004, cc. 583, 977; 2005, cc. 44, 105; 2009, c. 878.)