Virginia HB 652: Unemployment compensation; notice of hearing prior to discontinuing benefits, etc.

Bill Text

VIRGINIAACTSOFASSEMBLY--2022SESSION
CHAPTER668
An Act to amend and reenact §§ 60.2-110, 60.2-116, 60.2-612, 60.2-613, 60.2-619, as it is currently
effective and as it shall become effective, and 60.2-631 of the Code of Virginia, relating to
unemployment compensation; benefit eligibility.
[H652]
ApprovedApril11,2022
Be it enacted by the General Assembly of Virginia:
1. That §§ 60.2-110, 60.2-116, 60.2-612, 60.2-613, 60.2-619, as it is currently effective and as it shall
become effective, and 60.2-631 of the Code of Virginia are amended and reenacted as follows:
§60.2-110. State Job Service and Unemployment Insurance Services Division.
The Commission may establish two coordinate divisions: the Virginia State Job Service, created
pursuant to § 60.2-400, and the Unemployment Insurance Services Division. Each division shall be
responsible for the discharge of its distinctive functions. Each division shall be a separate administrative
unit, with respect to personnel, budget, and duties, except insofar as the Commission may find that such
separation is impracticable. In lieu, however, of establishing the two divisions the Commission may
cooperate with and utilize the personnel and services of employment offices or services operated by the
United States or any of its authorized agencies but only to the extent necessary for the federal
employment offices or services to perform the functions imposed upon employment offices by
§60.2-601 and subdivision A 5 of §60.2-612.
§60.2-116. Reciprocal agreements.
A. Subject to the approval of the Governor, the Commission is hereby authorized to enter into
arrangements with the appropriate agencies of other states or the federal government whereby individuals
performing services in this and other states for a single employing unit under circumstances not
specifically provided for in §§ 60.2-212 through 60.2-219, or under similar provisions in the
unemployment compensation laws of such other states, shall be deemed to be engaged in employment
performed entirely within this Commonwealth or within one of such other states. Such arrangements
may set forth terms whereby the potential right to benefits accumulated under the unemployment
compensation laws of one or more states or under such a law of the federal government, or both, may
constitute the basis for the payment of benefits through a single appropriate agency of any state under
terms which the Commission finds will be fair and reasonable as to all affected interests and will not
result in any substantial loss to the fund.
B. Subject to the approval of the Governor, the Commission is also authorized to enter into
arrangements with the appropriate agencies of other states or of the federal government:
1. a. Whereby wages or services, upon the basis of which an individual may become entitled to
benefits under the unemployment compensation law of another state or of the federal government, shall
be deemed to be wages for employment by employers for the purposes of §§ 60.2-602, 60.2-606,
60.2-607, 60.2-609, 60.2-610, 60.2-611, subdivision A 1 of § 60.2-612 and §§ 60.2-614 through
60.2-617, provided such other state agency or agency of the federal government has agreed to reimburse
the fund for such portion of benefits paid under this title upon the basis of such wages or services as the
Commission finds will be fair and reasonable as to all affected interests; and
b. Whereby the Commission will reimburse other state or federal agencies charged with the
administration of unemployment compensation laws with such reasonable portion of benefits, paid under
the law of any such other states or of the federal government upon the basis of employment or wages
for employment by employers, as the Commission finds will be fair and reasonable as to all affected
interests.
2. Reimbursements so payable under subdivision 1 b of this subsection shall be deemed to be
benefits for the purposes of §§ 60.2-300 through 60.2-304, but no reimbursement so payable shall be
charged against any employer's account for the purposes of §§ 60.2-526 through 60.2-531. The
Commission is hereby authorized to make to other state or federal agencies and receive from such other
state or federal agencies, reimbursements from or to the fund, in accordance with arrangements pursuant
to this section.
C. Subject to the approval of the Governor, the Commission is also authorized to enter into
arrangements with the appropriate agencies of other states or of the federal government:
1. Whereby the Commission may deduct, in accordance with the provisions of § 60.2-633, from
unemployment benefits otherwise payable to an individual an amount equal to any overpayment made to
such individual under an unemployment benefit program of the United States or of any other state, and
not previously recovered. The amount so deducted shall be paid to the jurisdiction under whose program
such overpayment was made and in accordance with the arrangement between the Commission and the

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