J. MILLARD TAWES, GOVERNOR                                 79

rate based on the combined experience of his predecessors as of the
regular computation date for the fiscal year in which the transfer
occurred.

In all cases, from and after July 1 following the transfer, the
successor's rate of contribution for each fiscal year shall be based
on his experience with pay rolls and benefits combined with the
experience of his predecessor or predecessors, as of the regular
computation date for that fiscal year. A successor employer shall
be deemed to have met the requirements of sub-section (c) (3) of
this section if he or any one of his predecessors has had the 36-
month experience with benefit charges and the 4-year experience with
pay rolls which is required by sub-section (c) (3).

[(6) No employer's rate shall be varied from the 2.7 per cent
rate, for any fiscal year unless, as of the preceding March 31 the
total amount available for benefits in the Maryland unemployment
fund equals or exceeds 5% of the total annual payrolls subject to
contributions that were paid by all employers during the previous
calendar year. Provided, that for the purposes of this sub-section,
any amount credited to this State's account under Section 903 of the
Social Security Act, as amended, which has been appropriated for
expenses of administration, whether or not withdrawn from the
trust fund, shall be excluded from the total amount available for
benefits in the Unemployment Insurance Fund.]

[7] (6) For the purposes of the experience rating provisions of
this sub-section, in any case where a claim for benefits is filed, an
employer's account shall not be charged with benefits paid, and shall

not be credited with base period wages on which such benefits were

or would have been based, for the purposes of any computation made
for any fiscal year beginning after the date of separation from em-
ployment, if such individual left the service of the employer volun-
tarily without good cause attributable to his employer; or if such
individual left or was suspended from the service of the employer
by reason of any circumstances under which he was disqualified for
benefits under the provisions of Section 6 of this Article, or under
which he could have been so disqualified had he filed claim during
the period for which such disqualification would have been effective.

In the event that it is determined by the Executive Director that
an individual has received benefits which are recoverable by the
Executive Director under the terms of Section 17 (d) or 17 (e)
of this Article, the benefits so received shall not, for the purposes
of the experience rating provisions of this sub-section, be charged
against the account of any employer in any computation made for any
fiscal year commencing after the date of the determination by the
Executive Director, provided no benefit charges shall be removed
from the employer's account if the payment of such benefits was
made as a direct or indirect result of the employer's failure to pro-
vide information to the Executive Director as required by this Article
or the regulations promulgated pursuant thereto.

[8] (7) As used in this sub-section:

(i) The term "fiscal year" means the twelve-month period from
July 1 of each year through June 30 of the next year.