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WV Code § 21A-8A-3 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-3. Issuance of Revenue Bonds or Notes

The issuance of bonds or notes under the provisions of this article shall be authorized by a resolution of the commissioner, which shall provide for the issuance of bonds or notes in an amount sufficient to provide moneys sufficient to repay the federal government for all advances and interest thereon made to the West Virginia department of employment security pursuant to Title 42 U.S.C.A. §1321, which such advances were made prior to July 1, 1987: Provided, That competitive sealed bids shall be used to determine the bond issuance agent. Such resolution shall prescribe the rights and duties of the bondholders or noteholders and the commissioner, and for such purpose may prescribe the form of the trust agreement hereinafter referred to. The bonds or notes shall be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, be payable at such times and intervals, be in such denominations, be in such form, either coupon or fully registered without coupons, or book entry, carrying such registration exchangeability and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of such redemption prices, and be entitled to such priorities on the revenues paid into the special revenue fund as may be provided in the resolution authorizing the issuance of the bonds or notes or in any trust agreement made in connection therewith. The bonds or notes shall be signed by the Governor and by the commissioner, under the great seal of the state, attested by the Secretary of State, and the coupons attached thereto, if any, shall bear the facsimile signature of the commissioner. In case any of the officers whose signatures appear on the bonds or notes or coupons cease to be such officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes the same as if such officers had remained in office until such delivery.Such bonds or notes shall be sold in such manner as the commissioner may determine to be for the best interests of the state, taking into consideration the financial responsibility of the purchaser. The proceeds of such bonds or notes shall be used solely for the repayment of advances and interest under the provisions of Title 42 U.S.C.A. §1321.The bonds or notes issued under the provisions of this article shall be and have all the qualities of negotiable instruments under the law merchant and the Uniform Commercial Code of this state.Bonds or notes issued under the provisions of this article shall be legal investments for banks, building and loan associations, and insurance companies organized under the laws of the State of West Virginia and for business development corporations organized pursuant to article fourteen, chapter thirty-one of the Code of West Virginia.
WV Code § 21A-8A-4 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-4. Trust Agreement for Holders of Bonds or Notes

The commissioner may enter into an agreement or agreements with any trust company, or with any bank having the powers of a trust company, either within or outside the state, as trustee for the holders of bonds or notes issued hereunder, setting forth therein such duties of the commissioner in respect to the payment of the bonds or notes, the conservation and application of all moneys, the security for moneys on hand or on deposit, and the rights and remedies of the trustee and the holders of the bonds or notes, as may be agreed upon with the original purchasers of such bonds or notes, except that competitive bids shall be used to determine such trust company; and including therein provisions restricting the individual right of action of bondholders or noteholders as is customary in trust agreements respecting bonds or notes and debentures of corporations, protecting and enforcing the rights and remedies of the trustee and the bondholders or noteholders.
WV Code § 21A-8A-5 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-5. Municipal Bond Commission for Payment of Bonds or Notes

From the special revenue funds established in accordance with the provisions of section two of this article, the commissioner shall make periodic payments to the state Municipal Bond Commission in an amount sufficient to meet the requirements of any issue of bonds or notes sold under the provisions of this article, as specified in the resolution of the commissioner authorizing the issue and in any trust agreement entered into in connection therewith. The payment so made shall be placed by the commissioner in a special sinking fund which is hereby pledged to and charged with the payment of the principal of the bonds or notes of such issue and the interest thereon, and to the redemption or repurchase of such bonds or notes, such sinking fund to be a fund for all bonds or notes of such issue without distinction or priority of one over another. The moneys in the special sinking fund, less such reserve for payment of principal and interest as may be required by the resolution of the commissioner authorizing the issue and any trust agreement made in connection therewith, may be used for the redemption of any of the outstanding bonds or notes payable from such fund which by their terms are then redeemable, or for the purchase of bonds or notes at the market price; but not exceeding the price, if any, at which such bonds or notes shall in the same year be redeemable; and all bonds or notes redeemed or purchased shall forthwith be canceled and shall not again be issued.
WV Code § 21A-8A-6 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-6. Credit of State Not Pledged

No provisions of this article shall be construed to authorize the commissioner at any time or in any manner to pledge the credit or taxing power of the state, nor shall any of the obligations or debts created by the commissioner under the authority herein granted be deemed to be obligations of the state.The bonds and notes authorized hereby shall contain on their face a statement to the effect that: (1) Neither the State of West Virginia nor any agency, political corporation or political subdivision of the State of West Virginia is obligated to pay the principal of or interest on the bonds or notes except as provided in this article; and (2) neither the faith and credit nor the taxing power of the State of West Virginia or any agency, political corporation or political subdivision of the State of West Virginia is pledged to the payment of the principal of or interest on the bonds or notes except as provided by this article.
WV Code § 21A-8A-7 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-7. Bonds or Notes Exempt From Taxation

All bonds or notes issued by the commissioner under the provisions of this article and the income therefrom shall be exempt from taxation by the State of West Virginia, or by any county, school district or municipality thereof, except inheritance, estate and transfer taxes.
WV Code § 21A-8A-9 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-9. West Virginia Board of Investments to Act as Board of Investments for Purposes of This Article; Powers

The West Virginia state Board of Investments as heretofore created and constituted under the provisions of article six, chapter twelve of this code, shall be ex officio a Board of Investments for funds of the special investment funds designated as the consolidated fund and the consolidated pension fund as they are made available for investment in accordance with the provisions of this article, and as such, the Board of Investments may exercise all of the powers and functions granted to it pursuant to the provisions of said article six of chapter twelve in carrying out the duties assigned to it under the provisions of this article.
WV Code § 21A-8A-10 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-10. Authority of the Board of Investments

Upon application by the commissioner of the department of employment security, the Board of Investments shall invest moneys, securities, and other assets of the consolidated fund and the consolidated pension fund established under the provisions of section eight, article six, chapter twelve of this code, in the form of interest-bearing loans to the department of employment security to finance the repayment of funds advanced to the department of employment security by the federal government under the provisions of Section 1201 of the Social Security Act, 42 U.S.C.A. §1321. Such loan shall be made, if at the time of the commitment to make the loan, the Board of Investments determines that there exists a plan for the repayment of such loan which is satisfactory to the Board of Investments and which can be carried out by the department of employment security, that the loan is needed to assist the department of employment security to repay advances made from the federal unemployment account in the unemployment trust fund in accordance with the provisions of Title 42 U.S.C.A. §1321. The board shall also determine that all of the proceeds of a loan made under the provisions of this article will be used to repay advances made to the department of employment security from the federal unemployment account in the unemployment trust fund in accordance with the provisions of Title 42 U.S.C.A. §1321, which advances were made prior to July 1, 1987. Any loss to the principal of the consolidated fund or the consolidated pension fund that occurs because of any loan authorized by this article shall be deducted only from the state government moneys in such funds.
WV Code § 21A-8A-11 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-11. Requirements of Loan

(a) A loan made by the Board of Investments from the consolidated fund or the consolidated pension fund under the provisions of this article will bear interest at a rate determined by the Board of Investments not to exceed seven percent per annum. At the discretion of the Board of Investments, a loan made under the provisions of this article may be renewed if prevailing economic and financial conditions in the marketplace would permit such renewal to be prudently made: Provided, That any such renewal notes shall not be issued by the commissioner which would mature after the date on which the original notes would have otherwise matured.(b) The date of maturity of notes issued by the commissioner shall, in all cases, be determined by the Board of Investments, consistent with its fiduciary responsibilities.
WV Code § 21A-8A-12 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-12. Limitations on Loan Authority

The authority of the Board of Investments to make loans under the provisions of this article shall not at any time exceed $260 million in the aggregate principal amount outstanding.
WV Code § 21A-8A-13 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-13. Reports to the Legislature

The Board of Investments shall submit to the Legislature annually a full report of its activities under this article so long as any loan made by the board under the provisions of this article is outstanding.
WV Code § 21A-8A-14 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 8A. Employment Security Debt Funds|§21A-8A-14. Termination

The authority of the Board of Investments to make loans under this article expires on December 31, 1987.
WV Code § 21A-9-1 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 9. Unemployment Compensation Administration Fund|§21A-9-1. Creation; Use of Federal Moneys

There is hereby created in the State Treasury a special fund to be known as the employment security administration fund. All moneys in this fund which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in section seven of this article shall be expended solely for the purposes and in the amounts found necessary by the secretary of labor for the proper and efficient administration of this chapter.
WV Code § 21A-9-2 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 9. Unemployment Compensation Administration Fund|§21A-9-2. Appropriation

The moneys deposited with this fund are hereby appropriated and made available to the order of the commissioner.
WV Code § 21A-9-3 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 9. Unemployment Compensation Administration Fund|§21A-9-3. Contents of Fund

The fund shall consist of:(1) Moneys appropriated by the state.(2) Moneys received from the United States or any agency thereof, for the administration of this article.(3) Moneys received from any other source.
WV Code § 21A-9-4 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 9. Unemployment Compensation Administration Fund|§21A-9-4. Disbursements

This fund shall be administered and disbursed in the same manner and under the same conditions as other special funds of the State Treasury.
WV Code § 21A-9-5 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 9. Unemployment Compensation Administration Fund|§21A-9-5. Balances Not to Lapse

Balances to the credit of the administration fund shall not lapse at any time, but shall be continuously available to the commissioner for expenditure consistent with this chapter.
WV Code § 21A-9-5a (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 9. Unemployment Compensation Administration Fund|§21A-9-5a. Special Administration Fund

There is hereby created in the State Treasury a fund to be known as the employment security special administration fund, which shall consist of interest collected on delinquent payments pursuant to section seventeen, article five of this chapter. The moneys deposited with this fund are hereby appropriated and made available to the order of the commissioner for the purpose of (a) replacements in the employment security administration fund as provided in section eight of this article, (b) to meet special, extraordinary, and contingent expenses not provided for in the employment security administration fund, (c) refunds pursuant to section nineteen of article five, of interest erroneously collected, and (d) cover expenditures for which federal funds have been authorized but not yet received, subject to repayment to the fund. This fund shall be administered and disbursed in the same manner and under the same conditions as other special funds of the State Treasury. Balances to the credit of the special administration fund shall not lapse at any time but shall be continuously available to the commissioner for expenditures consistent with this chapter: Provided, That (1) not more than $750,000 shall be expended from said fund in any fiscal year; (2) that at the beginning of each calendar quarter the commissioner shall estimate the amount that may be required in that quarter for refunds of interest erroneously collected; (3) that thereupon the excess, if any, over the amounts provided to be expended under this section shall be paid into the unemployment compensation trust fund.
WV Code § 21A-9-6 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 9. Unemployment Compensation Administration Fund|§21A-9-6. Treasurer's Bond

The treasurer shall give a separate and additional bond conditioned upon the faithful performance of his duties with regard to the administration fund. The bond shall be in the amount of $15,000 and in the form prescribed by the Attorney General and approved by the Governor. Premiums on the bond shall be a charge on the administration fund.
WV Code § 21A-9-7 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 9. Unemployment Compensation Administration Fund|§21A-9-7. Employment Service Account

For the purpose of maintaining the employment offices established by this chapter and for the purpose of cooperating with the United States employment service, a special employment service account shall be maintained as a part of the administration fund.
WV Code § 21A-9-8 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 9. Unemployment Compensation Administration Fund|§21A-9-8. Reimbursement of Fund

If any moneys received after June 30, 1941, pursuant to Title III of the Social Security Act, or any unencumbered balances in the employment security administration fund as of that date, or any moneys granted after that date to this state pursuant to the provisions of the Wagner- Peyser Act, or any moneys made available by this state or its political subdivisions and matched by such moneys granted to this state pursuant to the provisions of the Wagner-Peyser Act, are found by the secretary of labor, because of any action or contingency, to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by the secretary of labor for the proper administration of this chapter, it is the policy of this state that such moneys shall be replaced by moneys appropriated for such purpose from the General Funds of this state to the employment security administration fund for expenditure as provided by the Unemployment Compensation Law. Upon receipt of notice of such a finding by the secretary of labor, the commissioner shall promptly report the amount required for such replacement to the Governor and the Governor shall, at the earliest opportunity, submit to the Legislature a request for the appropriation of such amount. This article shall not be construed to relieve this state of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Title III of the Social Security Act.
WV Code § 21A-10-1 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 10. General Provisions|§21A-10-1. Agreements to Waive Rights or Pay Employer's Contribution Invalid

An agreement to waive, release or commute rights to benefits, or other rights, accruing under this chapter shall be invalid.An agreement by an individual to pay all or any portion of an employer's payments shall be invalid.
WV Code § 21A-10-2 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 10. General Provisions|§21A-10-2. Assignment of Benefits Invalid; Exemption From Process; Exception

(a) An assignment, pledge or encumbrance of any benefit due or payable under this chapter is invalid. Right to benefits is exempt from levy, execution, attachment or other processes for the collection of debt. Benefits received by an individual so long as they are not mingled with other funds of the recipient, are exempt from process for the collection of a debt. The waiver of any exemption provided in this section is void.(b) The provisions of subsection (a) of this section do not apply to:(1) The assignment or collection of child support payments under the provisions of section sixteen, article six of this chapter;(2) A levy by the internal revenue service authorized by 26 U.S.C. §6331 subsection (h); or(3) Collection of debts incurred for necessaries furnished to an individual, the individual's spouse or dependents, during a period of unemployment.
WV Code § 21A-10-3 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 10. General Provisions|§21A-10-3. Limitation of Fees

No fee shall be charged an individual in any proceeding under this chapter by the department or its representatives.
WV Code § 21A-10-4 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 10. General Provisions|§21A-10-4. Records and Reports; Preservation; Copies; Admissibility; Destruction

(1) An employing unit shall keep true and accurate work records containing such information as the commissioner may prescribe. The record shall be open to inspection and be subject to being copied by the commissioner or his authorized representatives at any reasonable time.(2) The commissioner may cause to be made such summaries, compilations, photographs, duplication, or reproduction of any records, reports, or transcripts thereof as he may deem advisable for the effective and economical preservation of information contained therein, and such summaries, compilations, photographs, duplication, or reproductions duly authenticated, shall be admissible in any proceeding under this chapter if the original record or records would have been admissible therein and are unavailable.(3) The commissioner, with the concurrence of the majority of the advisory council, may provide regulations for the destruction or disposition, after reasonable periods, of any records, reports, transcripts, or reproductions thereof, or other papers in his custody, the preservation of which is considered no longer necessary for the establishment of contribution liability or benefit rights, or for any purpose necessary to the proper administration of this chapter, including any audit required.
WV Code § 21A-10-5 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 10. General Provisions|§21A-10-5. Right to Representation by Counsel or Agent; Fees

An individual may be represented by counsel or authorized agent before the board of review, an appeal tribunal, or examiner, or a court; but the amount of the fee for such service shall be subject to the regulation of the board.A person who charges or accepts a fee for such service in an amount unapproved by the board shall be guilty of a misdemeanor. Charging an unapproved amount shall constitute grounds for disbarment.
WV Code § 21A-10-6 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 10. General Provisions|§21A-10-6. Self-Incrimination; Perjury

A person shall not be excused from attending and testifying or producing books, papers, correspondence, memoranda, or other records before the commissioner or the board or in obedience to the subpoena of the board or the commissioner, or a duly authorized representative of the board or the commissioner, in any proceeding brought under this chapter on the ground that the testimony or evidence may tend to incriminate him or subject him to a penalty or forfeiture. An individual shall not be prosecuted or subjected to penalty or forfeiture on account of testimony given, or evidence produced subject to such subpoena, if prior to giving such testimony or producing such evidence he has claimed his privilege against self-incrimination.This section shall not exempt an individual from prosecution and punishment for perjury.