A. 1. The "benefit ratio" of each employer for a given calendar year shall be the percentage, rounded to the nearest one-tenth of a percent, equal to the employer's benefit charges for the 12 consecutive calendar month period ending on June 30 immediately preceding that calendar year, divided by the total of his payroll for the same period except that:
a. For an employer whose account has been chargeable with benefit charges for 48 or more consecutive completed calendar months, the "benefit ratio" shall be the percentage, rounded to the nearest one-tenth of a percent, equal to the employer's benefit charges for the most recent 48 consecutive completed calendar month period ending on June 30 immediately preceding that calendar year, divided by the total of his payrolls for the same period;
b. For an employer whose account has been chargeable with benefit charges for 36 but less than 48 consecutive completed calendar months the "benefit ratio" shall be the percentage equal to the employer's benefit charges for the most recent 36 consecutive completed calendar month period ending on June 30 immediately preceding that calendar year divided by his payroll for the same period; and
c. For an employer whose account has been chargeable with benefit charges for 24 but less than 36 consecutive completed calendar months the "benefit ratio" shall be the percentage, rounded to the nearest one-tenth of a percent, equal to the employer's benefit charges for the most recent 24 consecutive completed calendar month period ending on June 30 immediately preceding that calendar year divided by his payroll for the same period.
2. The term "payroll" as used in this section means the greater of (i) the taxable payroll on which taxes have been paid on or before September 30 immediately following such June 30 or (ii) $1.
B. Where benefit charges are not available for any or all of the periods used to determine an employer's benefit ratio, benefit wages divided by three shall be used in lieu of benefit charges for those periods benefit charges are not available, in combination with benefit charges, where available to determine an employer's benefit ratio.
Code 1950, § 60-70; 1954, c. 203; 1956, c. 440; 1960, c. 136; 1968, c. 738, § 60.1-82; 1977, c. 330; 1981, c. 606; 1986, c. 480; 2014, c. 191.
Structure Code of Virginia
Title 60.2 - Unemployment Compensation
§ 60.2-501. Financing of benefits to employees of nonprofit organizations
§ 60.2-502. Bonding of nonprofit organizations
§ 60.2-503. Authority to terminate elections
§ 60.2-504. Allocation of benefit costs
§ 60.2-506. Financing of benefits to state employees
§ 60.2-507. Financing of benefits to employees of governmental entities
§ 60.2-507.1. Financing of benefits to employees of Indian tribes
§ 60.2-508. Period of coverage generally; account required
§ 60.2-509. Termination of coverage
§ 60.2-510. Election as to coverage
§ 60.2-511. How and when taxes payable
§ 60.2-512. Requiring payroll and tax reports and payment of taxes
§ 60.2-513. Failure of employing unit to file reports; assessment and amount of penalty
§ 60.2-514. Limitation on proceeding to establish liability for taxes
§ 60.2-515. Amount of taxes; increase of rate
§ 60.2-516. Taxes and payments in lieu of taxes not deducted from wages
§ 60.2-517. How fractional part of cent computed
§ 60.2-518. False statements, etc., by employing units; failure to furnish reports, etc.
§ 60.2-519. Interest on past-due taxes
§ 60.2-519.1. Bad check charge
§ 60.2-519.2. Service charge for payment of taxes by certain means
§ 60.2-520. Taxes which accrued while employer was in armed forces
§ 60.2-523. Priorities under legal dissolutions or distributions
§ 60.2-525. Statement of employer's benefit charges and taxes
§ 60.2-526. General provisions
§ 60.2-527. Tax rate of certain foreign contractors
§ 60.2-528. Individual benefit charges
§ 60.2-529. Employer's benefit charges
§ 60.2-531. Experience rating tax; table
§ 60.2-533. Fund balance factor
§ 60.2-535. Employing unit acquiring business, etc., of another employing unit
§ 60.2-536. Review of decision under § 60.2-535
§ 60.2-536.2. Advisory opinion by the Commission
§ 60.2-536.3. Violations; penalties
§ 60.2-537. Reduced tax rate permissible under federal amendment