Benefits—When payable

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    • Qualifying requirements

      • (a) To qualify as an insured worker, an individual:

        • (1)

          • (A) Shall have been paid at least $858 for insured work in that quarter of his base period in which his total wages were the highest; and

          • (B) Shall have earned total base period wages for insured work equal to at least one and one-half times the wages paid in that quarter of his base period in which his total wages were the highest; or

        • (2) Shall meet the requirements of subparagraph (1)(A) above only, provided he also meets the requirements of paragraph (2) of subsection (b) of this section.

    • Weekly benefit amount

      • (b) Except as provided in subsection (c) of this section, the weekly benefit amount shall be:

        • (1) In the case of an individual who qualifies under paragraph (1) of subsection (a) above, one twenty-sixth (1/26) of his total wages for insured work in that quarter of his base period in which such total wages were the highest; or

        • (2) In the case of an individual described in paragraph (2) of subsection (a) above, a preliminary weekly benefit amount shall be calculated as follows: The amount determined by paragraph (1) of this subsection less $1.00. Such an individual shall qualify for a weekly benefit in such amount provided that the product of such amount times 39 is equal to or greater than the wages for insured work paid to such worker in his base period; otherwise, he shall not qualify.

        • (3) For benefits years effective on or after July 4, 2010, any individual who fails to meet the eligibility requirements of subsection (a) and this subsection, in the base period as defined in subsection 302(b), the Department shall make a redetermination of eligibility based on the alternate base period as defined in section 302(x). If wage information for the most recent quarter of the alternate base period is not available to the Department from regular quarterly reports of wage information that is systematically accessible, the Department shall gather the necessary data in accordance with rules established for this purpose.

    • Maximum weekly benefit amount

      • (c) The maximum weekly benefit payable to any insured worker during his benefit year shall be an amount equal to sixty-five (65%) percent of the Virgin Islands average weekly wage in insured work in effect on the first day of such benefit year. The Virgin Islands average weekly wage in insured work equals the aggregate amount of wages for services in insured work reported by employers as paid during the four completed calendar quarters ending June 30 immediately prior to the computation date divided by an amount equal to 52 times the 12-month average of the aggregate number of employees paid said wages in the pay period which includes the twelfth day of each month during said four calendar quarters, and reported by such employers. Said Virgin Islands average weekly wage in insured work shall be effective for the following year.

    • Maximum potential benefits

      • (d) The maximum potential benefits of any insured worker in a benefit year shall be an amount equal to the lesser of 26 times his weekly benefit amount or one-third (⅓) of his base period wages.

    • Benefit for a week of unemployment

      • (e) Any insured worker who has a week of unemployment as defined in section 302(u) of this title and who meets the conditions of eligibility for benefits of section 304 of this title shall be paid with respect to such week an amount equal to his weekly benefit amount less 75 percent of that part of wages (if any) payable to him with respect to such week which is in excess of $15.00.

    • Requalifying requirement

      • (f) No individual may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in “employment” as defined in section 302(k) of this title, and earned remuneration for such service in an amount equal to not less than the lesser of 3/13 of the individual's high quarter wages or six times his weekly benefit amount.

    • Rounding down of benefits

      • (g) Notwithstanding any other provisions of this law to the contrary, any amount of benefits payable to any individual for any week, if not an even dollar amount, shall be rounded to the next lower full dollar amount.


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