60.2-116 - Reciprocal agreements.

§ 60.2-116. Reciprocal agreements.

A. Subject to the approval of the Governor, the Commission is herebyauthorized to enter into arrangements with the appropriate agencies of otherstates or the federal government whereby individuals performing services inthis and other states for a single employing unit under circumstances notspecifically provided for in §§ 60.2-212 through 60.2-219, or under similarprovisions in the unemployment compensation laws of such other states, shallbe deemed to be engaged in employment performed entirely within thisCommonwealth or within one of such other states. Such arrangements may setforth terms whereby the potential right to benefits accumulated under theunemployment compensation laws of one or more states or under such a law ofthe federal government, or both, may constitute the basis for the payment ofbenefits through a single appropriate agency of any state under terms whichthe Commission finds will be fair and reasonable as to all affected interestsand will not result in any substantial loss to the fund.

B. Subject to the approval of the Governor, the Commission is also authorizedto enter into arrangements with the appropriate agencies of other states orof the federal government:

1. a. Whereby wages or services, upon the basis of which an individual maybecome entitled to benefits under the unemployment compensation law ofanother state or of the federal government, shall be deemed to be wages foremployment 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 1 of § 60.2-612 and §§ 60.2-614through 60.2-617, provided such other state agency or agency of the federalgovernment has agreed to reimburse the fund for such portion of benefits paidunder this title upon the basis of such wages or services as the Commissionfinds will be fair and reasonable as to all affected interests; and

b. Whereby the Commission will reimburse other state or federal agenciescharged with the administration of unemployment compensation laws with suchreasonable portion of benefits, paid under the law of any such other statesor of the federal government upon the basis of employment or wages foremployment by employers, as the Commission finds will be fair and reasonableas to all affected interests.

2. Reimbursements so payable under subdivision 1 b of this subsection shallbe 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'saccount for the purposes of §§ 60.2-526 through 60.2-531. The Commission ishereby authorized to make to other state or federal agencies and receive fromsuch other state or federal agencies, reimbursements from or to the fund, inaccordance with arrangements pursuant to this section.

C. Subject to the approval of the Governor, the Commission is also authorizedto enter into arrangements with the appropriate agencies of other states orof 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 anamount equal to any overpayment made to such individual under an unemploymentbenefit program of the United States or of any other state, and notpreviously recovered. The amount so deducted shall be paid to thejurisdiction under whose program such overpayment was made and in accordancewith the arrangement between the Commission and the jurisdiction.

2. Whereby the United States agrees to allow the Commission to recover fromunemployment benefits otherwise payable to an individual under anunemployment benefit program of the United States any overpayments made bythe Commission to such individual under this title and not previouslyrecovered, in accordance with the same procedures that apply undersubdivision 1 of this subsection.

3. The amendments made by this subsection shall apply to recoveries made onor after July 1, 1987, and shall apply with respect to overpayments madebefore, on, or after such date.

(Code 1950, § 60-40; 1968, c. 738, § 60.1-45; 1986, c. 480; 1987, c. 113.)