V.I. Code tit. 24, § 305 (2019)
2019 US Virgin Islands Code|Title 24 - Labor|Chapter 12 - Virgin Islands Unemployment Insurance|§ 305. Determinations, notices, and payment of benefits—Payment of benefits

 (a) Benefits shall be paid solely through public employment offices, or such other agencies as the U.S. Secretary of Labor shall approve, in accordance with regulations prescribed by the Commissioner of Labor. Information to workers on benefit rights  (b) The Commissioner of Labor shall supply to each employer, without cost to the employer, printed statements concerning the regulations applicable to the establishment of benefit rights and other materials relating to the administration of this chapter. Each employer shall post such printed statements and maintain them in places readily accessible to his workers and shall supply copies of such printed statements to his workers. Notice by employing unit  (c) An employing unit having knowledge of any facts which may affect an individual's right to waiting-week credit or benefits shall notify the Commissioner of Labor of such facts promptly, in accordance with regulations prescribed by the Commissioner of Labor. Determinations  (d)  (1) Any individual may file a request for a determination of his insured status in accordance with regulations prescribed by the Commissioner of Labor. Upon such request, or, if no such request has been made with respect to a current benefit year, upon the filing of a notice of unemployment, the Commissioner of Labor shall promptly determine such individual's insured status. A determination that an individual is an insured worker shall remain in effect throughout the benefit year for which it is made, unless modified in accordance with subsections (f) and (g) of this section. (2) When an insured worker files a notice of unemployment, the Commissioner shall determine promptly whether such worker is disqualified under any of the provisions of section 304 of this title by reason of any facts which existed on the date such notice was filed. (3) Thereafter, when an insured worker certifies for waiting week credit or files a claim for benefits for a week of unemployment, the Commissioner shall determine promptly whether he meets all of the requirements in section 304. (4) Whenever (A) a determination whether a claimant is disqualified involves the application of section 304(b)(6), or (B) a determination involves multiple claimants and difficult issues of fact or law, the Commissioner may refer the case to a hearing examiner for hearing and decision in accordance with section 306 of this title. Written notice of determination  (e)  (1) Written notice of a determination of insured status shall be furnished to the claimant promptly. Such notice shall include a statement as to whether the claimant is an insured worker, the amount of wages for insured work paid to him by each employer during his base period, and the employers by whom such wages were paid. For an insured worker the notice shall include also his benefit year, his weekly benefit amount, the maximum amount of benefits that may be paid to him for his unemployment during such year and a statement that benefits may be paid only if he is not subject to disqualification. For a worker who is not insured, the notice shall include the reason for the determination. (2) If the Commissioner determines pursuant to section 304 of this title that a claimant is not eligible to receive waiting-week credit or the full weekly benefit amount for any week, he shall promptly furnish to such claimant written notice of such determination together with a statement of the reasons therefor and of the period covered by such determination. Written notice of such determination shall be given to the claimant only once with respect to the period covered by the determination except that if the Commissioner determines that such claimant is disqualified for an indeterminate period under the provisions of paragraphs (1) or (6) of section 304(b) of this title by reason of the same facts, written notice of such determination with respect to the first of such weeks shall be furnished to the claimant promptly. Thereafter, written notice of such determination with respect to any subsequent week or weeks for which a claimant has filed a claim shall be furnished to him promptly upon his request. (3) The last employing unit which employed a claimant shall be entitled to receive written notice of a determination only if it has furnished information to the Commissioner in accordance with subsection (c) of this section prior to such determination. (4) Written notice of any determination to which any party is entitled shall be given promptly by delivery thereof or by mailing to his last known address. Every such notice shall include a clear statement of the rights of the parties to apply for reconsideration or appeal such determination. The notice of any determination shall include an explanation sufficient for understanding the determination and the reasons for any denial of benefits. (5) [Deleted.] Finality of determination  (f) A determination shall be deemed final unless a party entitled to notice thereof applies for reconsideration of the determination or appeals therefrom within 10 days after the notice was mailed to his last known address or otherwise delivered to him; Provided, that such period may be extended for good cause. A party entitled to notice of a determination may, within the aforesaid time limits, at his option, appeal from such determination without first applying for reconsideration thereof. Reconsideration of determination  (g)  (1) The Commissioner may reconsider any determination upon application by any party entitled to notice thereof filed within the period authorized by subsection (f) of this section or on his own motion within 10 days after the date of the determination. (2) At any time within 1 year from the date of a determination of insured status, the Commissioner on his own motion may reconsider such determination if he finds that an error in computation or identity has occurred in connection therewith or that additional wages pertinent to the claimant's insured status have become available, or if such determination of insured status was made as a result of a nondisclosure or misrepresentation of a material fact. (3) At any time within 2 years from the end of any week, with respect to which a determination allowing or denying waiting-week credit or benefits has been made, the Commissioner on his own motion may reconsider such determination if he finds that such waiting-week credit or benefits were allowed or denied as a result of a nondisclosure or misrepresentation of a material fact. (4) In any case in which the Commissioner is authorized by the other provisions of this subsection to reconsider any determination, but the case has been appealed to a hearing examiner or court, the Commissioner may within the applicable time limits therein petition the hearing examiner or court before whom the case is pending to consider the issue, and if an unappealed decision has been issued the Commissioner may petition the hearing examiner or the court which rendered such decision, to issue a revised decision, whether or not the decision issued has become final. (5) Written notice of any redetermination (including denial of an application for reconsideration) shall be given promptly in the same manner, in the same form and to the same parties, as provided in subsection (e) of this section, with a clear statement of the rights of the parties to appeal such redetermination. (6) A redetermination shall be deemed final unless a party entitled to notice thereof files an appeal within 10 days after the notice was mailed to his last known address, or otherwise delivered to him; Provided, That such period may be extended for good cause. Prompt payment of claims  (h)  (1) Notwithstanding any provision in sections 305 and 306, benefits shall be paid promptly in accordance with a determination or redetermination under this section, or the decision of a hearing examiner or a reviewing court under section 306, upon the issuance of such determination, redetermination or decision (regardless of the pendency of the period to apply for reconsideration, file an appeal, or petition for judicial review that is provided with respect thereto in section 305(f), 305(g)(6) or 306(e) as the case may be, or the pendency of any such application, filing or petition), unless and until such determination, redetermination, or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment thereafter in accordance with such modifying or reversing redetermination or decision. (2) If a determination or redetermination allowing benefits is affirmed in any amount by a hearing examiner, such benefits shall be paid promptly regardless of any further appeal or the disposition of such appeal and no injunction, supersedeas, stay or other writ or process suspending the payment of such benefit shall be issued by the hearing examiner or any court; but if such decision is finally modified or reversed to deny benefits, the modification or reversal shall apply to any weeks of unemployment which occur after the effective date of such claim. (3) If a determination allowing benefits is affirmed in any amount by a referee, such benefits shall be paid promptly regardless of any further appeal, and no injunction, supersedeas, stay, or other writ or process suspending the payment of such benefits shall be issued by the referee or any court; but if such decision is finally reversed, benefits shall not be paid for any subsequent weeks of unemployment involved in such reversal. Payment of benefits due deceased or mentally incompetent insured worker  (i) Benefits due and payable to a deceased or judicially declared incompetent person shall be paid, in accordance with such regulations as the Commissioner of Labor shall prescribe, to the person or persons, payment to whom the Commissioner of Labor finds would effectuate the purposes of this chapter. Such regulations need not conform to the statutes applicable to the descent and distribution of decedents' estate. A receipt from the person or persons to whom the Commissioner of Labor makes payment shall fully discharge the fund and the Commissioner of Labor from liability for such benefits. Recovery and recoupment  (j)  (1) Any person who makes, or causes to be made by another, a false statement or representation of a material fact, knowing it to be false or knowingly fails, or causes another to fail, to disclose a material fact, and as a result thereof has received any amount as benefits under this chapter to which he was not entitled shall, in the discretion of the Commissioner, be liable to repay such amount to the Commissioner for the Unemployment Fund or to have such amount deducted from any future benefits payable to him under this chapter within the two-year period following the date of notice of the final determination, redetermination or decision. (2) If the Commissioner finds, within the two-year period following payment to any individual of any amount as benefits under this chapter, that such individual is not entitled, by reason other than that specified in subsection (h)(2) or subsection (j)(1) above, to such amount, he shall repay such amount to the Commissioner for the Unemployment Fund or in the absence of such repayment such amount shall be deducted from any future benefits payable to him under this chapter, within the two-year period following the date of notice of the final determination or decision; Provided, That no repayment or deduction from benefits shall be required under this paragraph if the amount overpaid was received by the individual without fault on his part, and such recoupment would be against equity and good conscience. (3) No determination, redetermination, or decision shall be construed to authorize the recovery of the amount of benefits paid to a claimant or the deduction of such amount from future benefits payable to him unless the written notice of such determination, redetermination, or decision specifies that he is liable to repay to the Unemployment Fund the amount of benefits paid to him as specified in paragraphs (1) and (2) of this subsection, the cause of the overpayment, and the week or weeks for which such benefits were paid. (4) In any case in which under this subsection a claimant is liable to repay any amount to the Commissioner, such amount may be collectible without interest by civil action in the name of the Commissioner of Labor. Waiver of rights void  (k) Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this chapter shall be void. Any agreement by an individual performing service for an employer to pay all or any portion of any contributions required under this chapter from such employer shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the contributions required from him, require or accept any waiver of any right hereunder by any individual in his employ, discriminate in regard to the hiring or tenure of work or any term or condition of work of any individual on account of his claiming benefits under this chapter, or in any manner obstruct or impede the claiming of benefits. Assignment of benefits  (l) Except as provided in section 305, subsection (m) of this chapter, any assignment, pledge, or encumbrance of any rights to benefits which are or may become due or payable under this chapter shall be void; and such rights to benefits shall be exempt from levy, execution, attachment, order for the payment of attorney fees, or any other remedy whatsoever provided for the collection of debts; and benefits received by any individual so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts. Any waiver of any exemption provided for in this subsection shall be void. (m)  (1) An individual filing a new claim for unemployment compensation shall at the time of filing such claim disclose whether or not the individual owes child support obligations as defined under paragraph (7) of this subsection. If any such individual discloses that he or she owes child support obligations, and is determined to be eligible for unemployment compensation, the commissioner shall notify the State or local child support enforcement agency enforcing such obligation that the individual has been determined to be eligible for unemployment compensation. (2) The commissioner shall deduct and withhold from any unemployment compensation payment payable to an individual that owes child support obligations as defined under paragraph (7), (A) the amount specified by the individual to the commissioner to be deducted and withheld under this subsection, if neither (B) nor (C) of this paragraph is applicable, or (B) the amount (if any) determined pursuant to an agreement submitted to the commissioner under Section 454(20)(B)(i) of the Social Security Act by the State or local child support enforcement agency, unless (C) is applicable, or (C) any amount otherwise required to be so deducted and withheld from such employment compensation pursuant to legal process (as the term is defined in Section 462(e) of the Social Security Act) properly served upon the commissioner. (3) Any amount deducted and withheld under paragraph (2) of this subsection shall be paid by the commissioner to the appropriate child support enforcement agency. (4) Any amount deducted and withheld under paragraph (2) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the State or local child support enforcement agency in satisfaction of the individual's child support obligations. (5) For purposes of paragraphs (1) through (4) of this subsection, the term “unemployment compensation” means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment. (6) This section applies only if appropriate arrangements have been made for reimbursement by the State or local child support enforcement agency for the administrative costs incurred by the commissioner under this section which are attributable to child support obligations being enforced by the State or local child support enforcement agency. (7) The term “child support obligations” is defined for purposes of these provisions as including only obligations which are being enforced pursuant to a plan described in Section 454 of the Social Security Act which has been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act. (8) The term “State or local child support enforcement agency” as used in these provisions means any agency of this Territory or any other State or political subdivision thereof operating pursuant to a plan described in paragraph (7). Voluntary withholding of income taxes  (n)  (1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, be advised that: (A) Unemployment compensation is subject to Federal income tax; (B) Requirements exist pertaining to estimated tax payments; (C) The individual may elect to have Federal income taxes deducted and withheld from the individual's payment of unemployment compensation at the amount specified in the Internal Revenue Code, as it applies to the Virgin Islands; and (D) The individual shall be permitted to change a previously elected withholding status. (2) The Commissioner of Labor shall remit amounts deducted and withheld under the provisions of this Section to the Virgin Islands Bureau of Internal Revenue in accordance with the withholding provisions of the Internal Revenue Code. (3) The Commissioner of Labor shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Code pertaining to the deducting and withholding of income tax. (4) Amounts shall be deducted and withheld under this Section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, or food stamp over-issuances or any other amounts required to be deducted and withheld under this Section. (5) The Commissioner of Labor shall have the authority to issue such rules and regulations, as deemed necessary to implement the purposes of this section.