HD11 - Revision of Title 60.1 of the Code of Virginia

  • Published: 1986
  • Author: Virginia Code Commission
  • Enabling Authority: House Joint Resolution 195 (Regular Session, 1985)

Executive Summary:
House Joint Resolution No. 195 of the 1985 Acts of Assembly directed the Virginia Code Commission to make a careful study of Title 60.1 of the Code of Virginia and report to the Governor and the General Assembly its findings in the form of a revision of the title. Pursuant to this mandate, the study has been completed and the revision is appended to this report.

The study resolution was initially brought to the attention of the General Assembly by Delegate Theodore V. Morrison and Mr. Speaker A. L. Philpott, both of whom were interested in making consistent the style and substance of the unemployment compensation laws of the Commonwealth. Subsequent to the last revision of these laws in 1968 numerous changes have been made in the statutes. Many inconsistencies in style and substance have resulted over the years due to changes and the need arose to organize the laws in a more logical manner; to delete obsolete provisions; and to improve the grammar and clarity of the unemployment compensation laws. The purpose of the rewrite of Title 60.1 is to promote clarity of understanding and better organization of the content of the title. These two purposes lead to the removal of obsolete language and the rearrangement of numerous sections and existing language into the new chapter structure. Originally the title had eleven chapters; new title 60.1 will now have six chapters.

A unique feature of the unemployment insurance program is that it is a State-Federal partnership effort. There are certain provisions required by federal law called "conforming legislation". Each state's law must contain these provisions. If it does not, the state's employers could lose the tax credit on the Federal Unemployment Tax and the Employment Commission would lose its administrative funding through the Department of Labor. There are three primary pieces of federal legislation which contain these unemployment insurance provisions: The Federal Unemployment Tax Act (FUTA) Chapter 23 (26 USC 3301 et sec.); the Federal Internal Revenue Code (26 USC); and the Social Security Act Chapter 7 (42 USC 301 et sec.). This recodification has added the United States Code references when the federal laws are cited throughout the main title.