Reciprocal arrangements—Interstate benefit payments

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  • (a) The Commissioner, for and on behalf of the Virgin Islands Employment Security Agency, shall participate in reciprocal arrangements with appropriate and duly authorized agencies of any state or of the Federal Government, whereby potential rights to benefits under this chapter may constitute the basis for payment of benefits by a state or by the Federal Government, and potential rights to benefits accumulated under the law of a state, or of the Federal Government, may constitute the basis for the payment of benefits by the Virgin Islands. Such benefits shall be paid under such provisions of this chapter or under the provisions of the law of such state, or of the Federal Government, or under such combination of the provisions of such laws as may be agreed upon as being fair and reasonable to all affected interests. No such arrangement shall be entered into unless it contains provision for reimbursement to the fund for such benefits as are paid on the basis of wages and service subject to the law of a state or of the Federal Government, and provision for reimbursement from the fund for such benefits as are paid by a state, or by the Federal Government on the basis of wages and service subject to this chapter. Reimbursements paid from the fund pursuant to this subsection shall be deemed to be benefits for the purposes of this chapter.

    • Combining wage credits

      • (b) The Commissioner shall, for and on behalf of the Virgin Islands Employment Security Agency, participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this chapter with his wages and employment covered under the unemployment compensation laws of other States which are approved by the United States Secretary of Labor in consultation with the State unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for

        • (1) applying the base period of a single State law to a claim involving the combining of an individual's wages and employment covered under two or more State unemployment compensation laws, and

        • (2) avoiding the duplicate use of wages and employment by reason of such combining.

    • Reciprocal coverage

      • (c) The Commissioner is hereby authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of any state or of the Federal Government whereby, notwithstanding the provisions of section 305(k) of this title—

        • (1) service performed by an individual for a single employing unit for which service is customarily performed by such individual in more than one such jurisdiction shall be deemed to be service performed entirely within any one of the jurisdictions in which: (A) any part of such individual's service is performed, or (B) such individual has his residence, or (C) the employing unit maintains a place of business. Provided, that there is in effect, as to such service, an approved election by an employing unit with the acquiescence of such individual, pursuant to which service performed by such individual for such employing unit is deemed to be performed entirely within such jurisdiction; and

        • (2) service performed by not more than 3 individuals, on any portion of a day but not necessarily simultaneously, for a single employing unit which customarily operates in more than one jurisdiction shall be deemed to be service performed entirely within the jurisdiction in which such employing unit maintains the headquarters of its business; Provided, That there is in effect, as to such service, an approved election by an employing unit with the affirmative consent of each such individual, pursuant to which service performed by such individual for such employing unit is deemed to be performed entirely within such jurisdiction.

    • Re-examination of reciprocal arrangements

      • (d) If after entering into an arrangement provided for by subsection (c) of this title, the Commissioner finds that the unemployment compensation law of any state or of the Federal Government participating in such arrangement has been changed in a material respect, the Commissioner shall make a new finding as to whether such arrangement shall be continued with such state or with the Federal Government.


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