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2022 SESSION

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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 60.2 a section numbered 60.2-121.2, relating to unemployment compensation; electronic submission of information; Virginia Employment Commission to develop plan for pilot program. [S 655] Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 2 of Chapter 1 of Title 60.2 a section numbered 60.2-121.2 as follows:

§ 60.2-121.2. Electronic submission of information; payments.

A. Each employer subject to the provisions of this title shall submit claim-related forms, including separation information, using an electronic format prescribed by the Commission, unless the employer has been granted a waiver by the Commission. An employer shall submit any other information related to a claim, as defined in § 60.2-528.1, at any time when requested by the Commission, to the Commission by electronic means, unless the employer has been granted a waiver by the Commission. The Commission may also require, at any time, that an employer submit unemployment insurance tax payments electronically, unless the employer has been granted a waiver by the Commission.

B. The Commission may grant a waiver to an employer from providing information or payments electronically pursuant to this section at any time. The Commission may grant a waiver only if the Commission finds that the electronic submission requirement creates an unreasonable burden on the employer. All requests for a waiver shall be submitted in writing.

2. That the Virginia Employment Commission (the Commission) shall develop a plan to conduct a pilot program that would require a sample group of employers that employ 15 or more employees to proactively provide separation information, including the date of and reason for separation, to separated individuals and electronically to the Commission within seven days of the individual's separation from employment. The plan shall include provisions to ensure (i) the pilot program includes employers that represent a variety of industries, regions of the state, employer size based on gross receipts, and unemployment insurance experience ratings of employers and (ii) the number of employers selected to participate in the pilot program is limited to the number necessary to provide sufficient feedback on the pilot program and minimize the administrative burden on the Commission. The plan shall include a description of how the Commission will (a) document the pilot program's financial and administrative impact on the Commission and (b) collect input from participating employers on the financial and administrative impacts they experienced as a result of their involvement in the pilot program. The Commission shall submit the plan to conduct the pilot program to the Commission on Unemployment Compensation by January 1, 2023.