West Virginia Code § 21A-8-13

Termination of state act
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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supreme court of the United States or is repealed by Congress or amended with the result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. e
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 unemploymuent 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 revertl to such general fund in the State
Treasury. s
Corresponding action shall be taken with riespect to assets in the unemployment
compensation fund, the unemploymegnt 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that this chapter shall be repealed by the Legislature, or declared invalid under the state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.

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