West Virginia § 21A-6-10 Benefit rate â total unemployment;

West Virginia Statutes

§ 21A-6-10 — Benefit rate â total unemployment;

West Virginia § 21A-6-10

Ch. 21AUNEMPLOYMENT COMPENSATION

Art. 6EMPLOYEE ELIGIBILITY; BENEFITS

This text of West Virginia § 21A-6-10 (Benefit rate â total unemployment;) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 21A-6-10 (2026).

Text

(a)Each eligible individual who is totally unemployed in any week shall be paid benefits with respect to that week at the weekly rate appearing in Column (C) in the benefit table in this section, on the line on which in Column (A) there is indicated the employee’s wage class, except as otherwise provided under the term "total and partial unemployment" in §21A-1A-27 of this code. The employee's wage class shall be determined by his or her base period wages as shown in Column (B) in the benefit table. The right of an employee to receive benefits shall not be prejudiced nor the amount thereof be diminished by reason of failure by an employer to pay either the wages earned by the employee or the contribution due on such wages.

(b)The maximum benefit for each wage class shall be equal to 26

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Each eligible individual who is totally unemployed in any week shall be paid benefits with respect to that week at the weekly rate appearing in Column (C) in the benefit table in this section, on the line on which in Column (A) there is indicated the employee’s wage class, except as otherwise provided under the term "total and partial unemployment" in §21A-1A-27 of this code. The employee's wage class shall be determined by his or her base period wages as shown in Column (B) in the benefit table. The right of an employee to receive benefits shall not be prejudiced nor the amount thereof be diminished by reason of failure by an employer to pay either the wages earned by the employee or the contribution due on such wages.

(b) The maximum benefit for each wage class shall be equal to 26 times the weekly benefit rate.

BENEFIT TABLE

(a) For individuals with base period wages of $62,650 or more, the weekly benefit amount shall be $662.

(b) An individual who is totally unemployed but earns in excess of $60 as a result of an odd job, a non-payrolled job or work from a non-covered employer or is paid a bonus in any benefit week, shall be paid benefits for such week in accordance with the provisions of §21A-6-11 of this code pertaining to benefits for partial unemployment.

(c) If a balance of benefits remains after an individual receives 26 weeks of unemployment benefits, due to partial unemployment as defined in §21A-6-11 of this code, the individual may receive benefit payments at the same weekly benefit rate as the most recent week, until the maximum benefit balance is exhausted.

(f) The right of an employee to receive benefits shall not be prejudiced, nor the amount thereof be diminished by reason of failure by an employer to pay either the wages earned by the employee or the contribution due on such wages.

(g) The amendments made to this section during the 2024 Regular Session shall become effective July 1, 2024.

Legislative History

2024 Reg. Sess., SB840; 2024 Reg. Sess., SB841; 2023 Reg. Sess., SB59; 2022 Reg. Sess., SB2; 2009 Reg. Sess., SB246; 1996 Reg. Sess., HB4862; 1994 Reg. Sess., SB377; 1988 Reg. Sess., HB4513; 1988 Reg. Sess., SB522; 1985 Reg. Sess., SB195; 1983 Reg. Sess., SB174; 1979 Reg. Sess., HB1286; 1978 Reg. Sess., HB1442; 1976 Reg. Sess., HB1422; 1974 Reg. Sess., SB257; 1973 Reg. Sess., HB1232; 1971 Reg. Sess., SB280; 1970 Reg. Sess., HB612; 1967 Reg. Sess., HB762; 1963 Reg. Sess., SB217; 1961 Reg. Sess., SB211; 1953 Reg. Sess., HB225; 1947 Reg. Sess., SB270; 1945 Reg. Sess., SB182; 1943 Reg. Sess., HB278; 1939 Reg. Sess., HB275; 1939 Reg. Sess., HB1