                                 CODE OF VIRGINIA

INDIVIDUAL BENEFIT CHARGES (§ 60.2-528)

A. An individual&#8217;s &#8220;benefit charges&#8221; shall be computed in the
following manner:

   1. For each week benefits are received, a claimant&#8217;s &#8220;benefit
   charges&#8221; shall be equal to his benefits received for such week.

   2. For each week extended benefits are received, pursuant to &#xA7; 60.2-610
   or 60.2-611, a claimant&#8217;s &#8220;benefit charges&#8221; shall be equal
   to one-half his benefits received for such week. However, a claimant&#8217;s
   &#8220;benefit charges&#8221; for extended benefits attributable to service in
   the employ of a governmental entity referred to in subdivisions 1 through 3 of
   subsection A of &#xA7; 60.2-213 shall be equal to the full amount of such
   extended benefit.

   3. For each week partial benefits are received, the claimant&#8217;s
   &#8220;benefit charges&#8221; shall be computed (i) in the case of regular
   benefits as in subdivision 1 of this subsection, or (ii) in the case of
   extended benefits as in subdivision 2 of this subsection.

B. 1. The employing unit from whom such individual was separated, resulting in
the current period of unemployment, shall be the most recent employing unit for
whom such individual has performed services for remuneration (i) during 30 days,
whether or not such days are consecutive, or (ii) during 240 hours. If such
individual&#8217;s unemployment is caused by separation from an employer, such
individual&#8217;s &#8220;benefit charges&#8221; for such period of unemployment
shall be deemed the responsibility of the last employer for (i) 30 days or (ii)
240 hours prior to such period of unemployment.

   2. Any employer charged with benefits paid shall be notified of the charges
   quarterly by the Commission. The amount specified shall be conclusive on the
   employer unless, not later than 30 days after the notice of benefit charges
   was mailed to its last known address or otherwise delivered to it, the
   employer files an appeal with the Commission, setting forth the grounds for
   such an appeal. Proceedings on appeal to the Commission regarding the amount
   of benefit charges under this subsection or a redetermination of such amount
   shall be in accordance with the provisions of &#xA7; 60.2-500. The decision of
   the Commission shall be subject to the provisions of &#xA7; 60.2-500. Any
   appeal perfected pursuant to the provisions of this section shall not address
   any issue involving the merits or conditions of a claimant&#8217;s separation
   from employment.

C. No &#8220;benefit charges&#8221; shall be deemed the responsibility of an
employer of:

   1. An individual whose separation from the work of such employer arose as a
   result of a violation of the law by such individual, which violation led to
   confinement in any jail or prison;

   2. An individual who voluntarily left employment in order to accept other
   employment, genuinely believing such employment to be permanent;

   3. An individual with respect to any weeks in which benefits are claimed and
   received after such date as that individual refused to accept an offer of
   rehire by the employer because such individual was in training with approval
   of the Commission pursuant to &#xA7; 60.2-613;

   4. An individual who voluntarily left employment to enter training approved
   under &#xA7; 236 of the Trade Act of 1974 (19 U.S.C. &#xA7; 2296 et seq.);

   5. An individual hired to replace a member of the Reserve of the United States
   Armed Forces or the National Guard called into active duty in connection with
   an international conflict and whose employment is terminated concurrent with
   and because of that member&#8217;s return from active duty;

   6. An individual who left employment voluntarily with good cause due to a
   personal bona fide medical reason caused by a non-job-related injury or
   medical condition;

   7. An individual participating as an inmate in (i) state or local work release
   programs pursuant to &#xA7; 53.1-60 or 53.1-131; (ii) community residential
   programs pursuant to &#xA7;&#xA7; 53.1-177, 53.1-178, and 53.1-179; or (iii)
   any similar work release program, whose separation from work arose from
   conditions of release or parole from such program;

   8. An individual who was unable to work at his regular employment due to a
   disaster for which the Governor, by executive order, has declared a state of
   emergency, if such disaster forced the closure of the employer&#8217;s
   business. In no case shall more than four weeks of benefit charges be waived;

   9. An individual who leaves employment to accompany his spouse to the location
   of the spouse&#8217;s new duty assignment if (i) the spouse is on active duty
   in the military or naval services of the United States; (ii) the
   spouse&#8217;s relocation to a new military-related assignment is pursuant to
   a permanent change of station order; (iii) the location of the spouse&#8217;s
   new duty assignment is not readily accessible from the individual&#8217;s
   place of employment; and (iv) the spouse&#8217;s new duty assignment is
   located in a state that, pursuant to statute, does not deem a person
   accompanying a military spouse as a person leaving work voluntarily without
   good cause; or

   10. (Expires July 1, 2028) An individual who has received any overpayment of
   benefits that the Commission waived the requirement to repay pursuant to
   subsection A of &#xA7; 60.2-633.

HISTORY: Code 1950, § 60-68; 1952, c. 184; 1954, c. 203; 1956, c. 440; 1958, c.
36; 1960, c. 136; 1962, cc. 12, 83; 1964, c. 3; 1966, c. 30; 1968, c. 9; 1968,
c. 738, § 60.1-80; 1970, c. 104; 1972, c. 764; 1974, c. 466; 1976, c. 708;
1977, c. 330; 1978, c. 493; 1979, c. 634; 1980, c. 463; 1981, cc. 250, 606;
1986, c. 480; 1989, c. 104; 1991, c. 249; 1991, Sp. Sess., c. 9; 1997, c. 202;
2001, c. 721; 2004, cc. 583, 977; 2005, cc. 44, 105; 2009, c. 878; 2014, c. 442;
2024, cc. 746, 772.