Current through Register Vol. 41, No. 3, September 23, 2024
A. This section shall govern the commission
in its administrative cooperation with other states subscribing to the
Interstate Reciprocal Coverage Arrangement pursuant to Title 60.2 of the Code
of Virginia hereinafter referred to as "the Arrangement."
B. Submission and approval of coverage
elections under the Interstate Reciprocal Coverage Arrangement is made as
follows:
1. Any employing unit may file an
election to cover under the law of a single participating jurisdiction all of
the services performed for him by an individual who customarily works for him
in more than one participating jurisdiction.
Such an election may be filed, with respect to an individual,
with any participating jurisdiction in which (i) any part of the individual's
services are performed, (ii) the individual has his residence, or (iii) the
employing unit maintains a place of business to which the individual's services
bear a reasonable relation.
2. The agency of the elected jurisdiction
shall initially approve or disapprove the election.
If such agency approves the election, it shall forward a copy
thereof to the agency of each other participating jurisdiction specified
thereon under whose unemployment compensation law the individual or individuals
in question might, in the absence of such election, be covered. Each such
interested agency shall approve or disapprove the election, as promptly as
practicable, and shall notify the agency of the elected jurisdiction
accordingly.
In case its law so requires, any such interested agency may,
before taking action, require from the electing employing unit satisfactory
evidence that the affected employees have been notified of, and have acquiesced
in, the election.
3. If the
agency of the elected jurisdiction or the agency of any interested jurisdiction
disapproved the election, the disapproving agency shall notify the elected
jurisdiction and the electing employing unit of its action and reasons
therefor.
4. Such an election shall
take effect as to the elected jurisdiction only if approved by its agency and
by one or more interested agencies. An election thus approved shall take
effect, as to any interested agency, only if it is approved by such
agency.
5. In case any such
election is approved only in part or is disapproved by some of such agencies,
the electing employing unit may withdraw its election within 10 days after
being notified of such action.
C. The effective period of elections shall be
as follows:
1. An election duly approved under
this section shall become effective at the beginning of the calendar quarter in
which the election was submitted unless the election, as approved, specifies
the beginning of a different calendar quarter.
If the electing unit requests an earlier effective date than
the beginning of the calendar quarter in which the election is submitted, such
earlier date may be approved solely as to those interested jurisdictions in
which the employer had no liability to pay taxes for the earlier period in
question.
2.
a. The application of any election to any
individual under this section shall terminate if the agency of the elected
jurisdiction finds the services customarily performed by the individual for the
electing unit are no longer customarily performed in more than one
participating jurisdiction. Such termination shall be effective as of the close
of the calendar quarter in which notice of such finding is mailed to all
parties affected.
b. Except as
provided in subdivision a, each election approved hereunder shall remain in
effect through the close of the calendar year in which it is submitted and
thereafter until the close of the calendar quarter in which the electing unit
gives written notice of its termination to all affected agencies.
c. Whenever an election under this section
ceases to apply to any individual under subdivision a or b, the electing unit
shall notify the affected individual accordingly.
D.
1. The electing unit shall promptly notify
each individual affected by its approved election, on the form supplied by the
elected jurisdiction, and shall furnish the elected agency a copy of such
notice.
2. Whenever an individual
covered by an election under this section is separated from his employment, the
electing unit shall again notify him forthwith as to the jurisdiction under
whose unemployment compensation law his services have been covered. If at the
time of termination the individual is not located in the elected jurisdiction,
the electing unit shall notify him as to the procedure for filing interstate
benefit claims.
3. The electing
unit shall immediately report to the elected jurisdiction any change which
occurs in the conditions of employment pertinent to its election, such as cases
where an individual's services for the employer cease to be customarily
performed in more than one participating jurisdiction or where a change in the
work assigned to an individual requires him to perform services in a new
participating jurisdiction.
E. The authority to approve or disapprove
reciprocal coverage elections in accordance with this section shall be vested
in the commissioner or his duly authorized representative.