West Virginia Code § 21A-6-12

Suspension of partial benefit rights
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If at any time the unemployment compensation fund, including the trust fund, clearing
account and benefit account, and excluding therefrom an amount, estimated by the
commissioner, equal to the sum of the benefit liabilities then accrued and unpaid, shall fall
below the sum of $5 million, the commissioner, with the concurrence of a majority of the
advisory council, and with the consent and approval of the Governor, may suespend the right
to receive benefit for periods of partial unemployment not then completed, and no right to
benefit for periods of partial unemployment completed or occurring durring the period of
such suspension shall then or thereafter accrue. At any time subsequent to such suspension
the commissioner, with the concurrence of a majority of the advisory council, and with the
consent and approval of the Governor, may rescind, and whenever the unemployment
compensation fund, including the trust fund, clearing accountt and benefit account, and
excluding therefrom an amount, estimated by the commissioner, equal to the sum of the
benefit liabilities then accrued and unpaid, reaches the sum of $10 million, the commissioner
shall rescind such suspension as to periods of partial unemployment not then completed.

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