Administrative Code

Virginia Administrative Code

Chapter 50. Employer Elections to Cover Multistate Workers

16VAC5-50-10. Interstate Reciprocal Coverage Arrangement.

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.

Statutory Authority

§ 60.2-111 of the Code of Virginia.

Historical Notes

Derived from VR300-01-5 § 1, eff. December 14, 1994.

16VAC5-50-9998. (Repealed.)

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