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Legislative Update: West Virginia SB 1053

by Legislative Update 2 min read April 7, 2026

West Virginia Senate Bill 1053 Change Notification

West Virginia Senate Bill 1053 authorizes the creation of a new Unemployment Automation and Administration Fund. This fund will be financed by assessing an annual fee of 7% of the employer’s taxable wages for the twelve-month period ending the preceding June 30. The assessment is subject to an annual cap of $18 million and only if the state’s unemployment trust fund balance remains above $300 million. Employers with a rate equal to zero are exempt from the payment of this assessment. Each liable employer will be notified of the amount due by March 31 of each year. The amount due will be considered delinquent if not paid within 30 days of the mailing date.

The purpose of the fund is to modernize the state’s unemployment insurance systems, enhance job search and workforce development services, and support administrative operations. The Commissioner of WorkForce West Virginia is granted authority to implement and manage the fund through rulemaking.

Effective Date

July 1, 2026


West Virginia SB 1053 Implication for Stakeholders

While this measure does not increase overall employer contribution rates, it creates an additional tax to be paid outside of the employers’ quarterly tax payment and is for administrative and system improvements rather than directly into the unemployment trust fund. Employers may indirectly benefit from more efficient claims processing, improved system functionality, and enhanced workforce services. However, there may be some concern around how long this assessment may be in place.  Once the fund reaches $60 million or July 1, 2031, whichever comes first, the assessment will be discontinued. 

Recommended Action

Employers should monitor communications from WorkForce West Virginia regarding any operational or procedural updates tied to system modernization efforts. It would also be prudent to stay informed on any future rulemaking that could affect reporting, claims handling, or employer responsibilities. Internally, employers may want to review their unemployment claims management processes to ensure they are prepared to take advantage of improved system capabilities as they are implemented.

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The Experian Employer Services Insights blog focuses on providing updates and solutions for HR teams, business owners, tax pros and compliance officers looking to navigate complex regulatory landscapes while optimizing their workforce management processes. Some important topics include payroll tax, unemployment, income & employment verification, compliance, and improving the overall employee experience.