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W. Va. Code § 21A-5-17

Interest and rate on past-due payments; penalties for late payment and reporting

Known as the Unemployment Compensation Law

The act spans §§ 21A-10-1 to 21A-9-9a (265 sections).

Applied in 2 court decisions — leading case Department of Employment Security v. Department of Corrections (1983)

Most recently applied in Department of Employment Security v. Department of Corrections (February 1983)

(a) Payments, including penalties, unpaid on the date on which due and payable, as prescribed by the commissioner, shall bear interest at the rate of one percent per month until payment plus accrued interest is received by the commissioner. Interest shall be compounded quarterly until payment plus accrued interest is received by the commissioner.

Interest collected pursuant to this section shall be paid into the employment security special administration fund.

(b) Each employer who fails to timely pay, in whole or in part, the contribution due with any report for any quarter commencing on and after July 1, 1996, shall pay a late payment penalty of the greater of $50 or ten percent of the contribution due, but not to exceed $500. Such late penalty is due immediately along with the payment of the outstanding amount of contribution. Penalties collected pursuant to this section shall be paid into the unemployment compensation trust fund.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.