As used in this article, unless the context clearly requires otherwise:
(1) "Extended benefit period" means a period which:
(A) Begins with the third week after a week for which there is a state "on" indicator; and
(B) Ends with either of the following weeks, whichever occurs later:
(i) The third week after the first week for which there is a state "off" indicator; or
(ii) The thirteenth consecutive week of such period. However, for periods beginning in a
"high unemployment period," as determined in accordance wtith subdivision (3), section five
of this article, paragraph (B)(ii) of this subdivision shall be applied by substituting
"twentieth" for "thirteenth."
Notwithstanding the foregoing provisions of this subdivision, no extended benefit period may
begin by reason of a state "on" indicator before the fourteenth week following the end of a
prior extended benefit period which was in effect with respect to this state.
(2) After September 25, 1982, there is a "state >on' indicator" for this state for a week if the
commissioner determines, in accordance with the regulations of the United States Secretary
of Labor, that for the period coensisting of such week and the immediately preceding twelve
weeks, the rate of insured unemployment, not seasonally adjusted, under this article:
(A) Equaled or exceeded one hundred twenty percent of the average of such rates for the
corresponding thirteen-week period ending in each of the preceding two calendar years; and
(B) Equaled or exceeded five percent.
(C) WAn extended benefit period shall be made hereunder as if subdivision (2) did not contain
paragraph (A) thereof, but only if the commissioner determines that the rate of insured
unemployment, not seasonally adjusted, equals or exceeds six percent.
(3) For weeks of unemployment beginning on or after February 1, 2009, and ending on or
before December 5, 2009, or, if the application of section 2005(a) of Title II of Division B of
the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115
(2009)("ARRA") is extended by Act of Congress, ending on or before a date to be determined
by the commissioner not to exceed the extended application of section 2005(a) of the ARRA,
there is a "state >on' indicator" for this state for a week if the commissioner determines, in
accordance with regulations of the United States Secretary of Labor, that:
(A) The average rate of total unemployment, seasonally adjusted, for the period consisting of
the most recent three months for which data for all states are published before the close of
such week equals or exceeds six and one-half percent; and
(B) The average rate of total unemployment in the state for the three-month period specified
in paragraph (A) of this subdivision equals or exceeds one hundred ten percent of such
average for either or both of the corresponding three-month periods ending in the two
preceding calendar years.
(C) For weeks of unemployment beginning after December 17, 2010, through weeks of
unemployment ending on or before December 31, 2011, or the date establisehed by section
502 of the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of
2010, P.L. 111-312, as amended, there is a "state >on' indicator" for a wreek if the
commissioner determines, in accordance with regulations of the United States Secretary of
Labor, that:
(i) The average rate of total unemployment, seasonally adjustted, as determined by the
United States Secretary of Labor, for the period consisting of the most recent three-months
for which data for all states are published before the close of such week equals or exceeds
six and one-half percent; and
(ii) The average rate of total unemployment ins the state, seasonally adjusted, as determined
by the United States Secretary of Labor, for the three-month period referred to in
subparagraph (i) of this paragraph equals or exceeds one hundred ten percent of such
average for any or all of the correspgonding three-month periods ending in the three
preceding calendar years.
(D) There is a "high unemployment period" as provided in subsection three, section five,
article six-a, chapter twenty-one-a of this code if paragraph (A) or subparagraph (i),
paragraph(C), or both, were applied by substituting "eight percent" for "six and one-half
percent".
(4) There is a "state >off' indicator" for a week if, for the period consisting of such week and
the immediately preceding twelve weeks, none of the options specified in either subdivision
(2) Wor subdivision (3) result in a "state >on' indicator".
(5) "Rate of insured unemployment" means the percentage derived by dividing:
(A) The average weekly number of individuals filing claims for regular compensation in this
state for weeks of unemployment with respect to the most recent thirteen-consecutive-week
period as determined by the commissioner on the basis of his or her reports to the United
States Secretary of Labor; by
(B) The average monthly employment covered under this chapter for the first four of the
most recent six completed calendar quarters ending before the end of such thirteen-week
period.
(6) "Regular benefits" means benefits payable to an individual under this chapter or under
any other state law (including benefits payable to federal civilian employees and to ex-
servicemen pursuant to 5 U.S.C., chapter 85) other than extended benefits.
(7) "Extended benefits" means benefits (including benefits payable to federal civilian
employees and to ex-servicemen pursuant to 5 U.S.C., chapter 85) payable to an individual
under the provisions of this article for weeks of unemployment in his or her eligibility period.
(8) "Eligibility period" of an individual means the period consisting of the weeks in his or her
benefit year which begin in an extended benefit period and, if his or her benefit year ends
within such extended benefit period, any weeks thereafter which begin in such period.
Notwithstanding any provision of this code to the contrary, an individual's eligibility period
shall include any eligibility period provided in section 2005(b) ofu the ARRA.
(9) "Exhaustee" means an individual who, with respect to any week of unemployment in his
or her eligibility period:
(A) Has received, prior to such week, all of the regular benefits which were available to him
or her under this chapter or any other state law (inlcluding dependents' allowances and
benefits payable to federal civilian employeess and ex-servicemen under 5 U.S.C., chapter 85)
in his or her current benefit year that includes such week: Provided, That for the purposes of
this subdivision, an individual is deemed toi have received all of the regular benefits which
were available to him or her althouggh: (i) As a result of a pending appeal with respect to
wages or employment which were not considered in the original monetary determination in
his or her benefit year, he or she may subsequently be determined to be entitled to added
regular benefits; or (ii) he or she may be entitled to regular benefits with respect to future
weeks of unemployment but such benefits are not payable with respect to such week of
unemployment by reason of the provisions of section one-a, article six of this chapter; or
(B) His or her benefit year having expired prior to such week has no, or insufficient, wages
or employment on the basis of which he or she could establish a new benefit year which
would include such week; and
(C) Has no right to unemployment benefits or allowances, as the case may be, under the
Railroad Unemployment Insurance Act, 45 U.S.C., §361, et seq., the Trade Expansion Act of
1962, 19 U.S.C., §1801, et seq., the Automotive Products Trade Act of 1965, 19 U.S.C.,
§2001, et seq., and such other federal laws as are specified in regulations issued by the
United States Secretary of Labor and has not received and is not seeking unemployment
benefits under the unemployment compensation law of the Virgin Islands or of Canada. If he
or she is seeking such benefits and the appropriate agency finally determines that he or she
is not entitled to benefits under law, then he or she is considered an exhaustee.
(10) "State law" means the unemployment insurance law of any state, approved by the
United States Secretary of Labor under 26 U.S.C., §3304.
(11) No individual is entitled to extended benefits during a period of unemployment if he or
she was disqualified under the provisions of subdivision (1), (2) or (3) of section three, article
six of this chapter, which disqualification is not terminated until the individual has returned
to covered employment and has been employed in covered employment for at least thirty
working days.
(12)(A) Notwithstanding any other provisions of this section, an individual is ineligible for
payment of extended benefits for any week of unemployment in his or her eligibility period if
the commissioner finds that during such period: e
(i) He or she failed to accept an offer of suitable work or failed to apply for suitable work, as
defined under subdivision (12)(C) of this section, to which he or she was referred by the
commissioner; or u
(ii) He or she failed to actively engage in seeking work as prescribed under subdivision
(12)(E) of this section.
(B) An individual who has been found ineligible for extended benefits by reason of the
provisions in subdivision (12)(A) of this section is allso denied benefits beginning with the
first day of the week following the week in whsich such failure occurred and until he or she
has been employed in each of four subsequent weeks, whether or not consecutive, and has
earned remuneration equal to not less thani four times the extended weekly benefit amount;
(C) For purposes of this subdivision, the term "suitable work" means, with respect to any
individual, any work which is within such individual's capabilities so long as the gross
average weekly remuneration payable for the work must exceed the sum of:
(i) The individual's average weekly benefit amount as determined under subdivision (12)(D)
of this section, plus;
(ii) The amounVt, if any, of supplemental unemployment benefits as defined in 26 U.S.C.,
§501(c)(17)(D)) payable to such individual for such week; and further,
(iii) Pays wages equal to the higher of:
(I) The minimum wages provided by 29 U.S.C., §206(a)(1), without regard to any exemption;
or
(II) The state or local minimum wage;
(iv) Provided, That no individual is denied extended benefits for failure to accept an offer or
referral to a job which meets the definition of suitability as described above if:
(I) The position was not offered to the individual in writing and was not listed with the
employment service; or
(II) Such failure could not result in a denial of benefits under the definition of suitable work
for regular benefit claimants in section five, article six of this chapter, to the extent that the
criteria of suitability in that section are not inconsistent with the provisions of this
subdivision; or
(III) The individual furnishes satisfactory evidence to the commissioner that his or her
prospects for obtaining work in his or her customary occupation within a reasonably short
period are good. If such evidence is deemed satisfactory for this purpose, the determination
of whether any work is suitable with respect to such individual is made in acecordance with
the definition of suitable work in section five, article six of this chapter, without regard to
the definition specified in this subdivision. r
(D) Notwithstanding the provisions of this section to the contraryu, no work is suitable work
for an individual which does not accord with the labor standard provisions required by 26
U.S.C., §3304(a)(5) and set forth herein under subdivision (1t2)(C)(iii)(I) of this section.
(E) For the purposes of subdivision (12)(A)(ii) of this seaction, an individual is treated as
actively engaged in seeking work during any week if:
(i) The individual has engaged in a systematics and sustained effort to obtain work during
such week; and
(ii) The individual furnishes tangible evidence that he or she has engaged in such effort
during such week.
(F) The employment service shall refer any claimant entitled to extended benefits under this
article to any suitable work which meets the criteria prescribed in subdivision (12)(C) of this
section.
(G) An individual is n ot eligible to receive extended benefits with respect to any week of
unemploymenVt in his or her eligibility period if the individual has been disqualified for
regular benefits under this chapter because he or she voluntarily left work, was discharged
for misconduct or refused an offer of suitable work unless the disqualification imposed for
such reasons has been terminated in accordance with specific conditions established under
this subdivision requiring the individual to perform service for remuneration subsequent to
the date of such disqualification.
(13) Notwithstanding any other provisions of this chapter, if the benefit year of any
individual ends within an extended benefit period, the remaining balance of extended
benefits that such individual would, but for this section, be entitled to receive in that
extended benefit period with respect to weeks of unemployment beginning after the end of
the benefit year, are reduced, but not below zero, by the product of the number of weeks for
which the individual received any amounts as trade readjustment allowances within that
benefit year, multiplied by the individual's weekly benefit amount for extended benefits.
(14) An unemployed individual is eligible to receive benefits with respect to any week only if
it has been found that he or she has been paid wages by an employer who was subject to the
provisions of this chapter during the base period of his or her current benefit year in an
amount at least equal to forty times his or her benefit rate for total unemployment.
(15) The provisions of subdivisions (11) and (12) of this section shall not apply at any time if
temporarily or permanently suspended by federal law. If these provisions are suspended by
federal law, the provisions of state law which apply to claims for and the payment of regular
benefits apply to claims for and the payment of extended benefits. e‹ Prev All West Virginia sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.