J. MILLARD TAWES, Governor                        61

the provisions of sub-section (c) (3) of this section, shall be increased
by three (3) tenths of one (1) percent.

(vii) Notwithstanding any other provision of this section, if on
the last day of any calendar quarter the total amount available for
benefits in the fund equals less than 2 percent of the wages paid dur-
ing the calendar year immediately preceding the calendar year in
which such calendar quarter occurs by all employers subject to this
article, which wages were subject to contributions and reported to
the Executive Director, the minimum rate for any employer who has
a rate computed pursuant to sub-section (c) (3) of this section, shall,
for the next succeeding quarter and for the remainder of the then
current fiscal year, be 2.7 percent, which shall also be subject to
adjustment as provided in sub-section (c) (4) (i) hereof. Employers
whose rates as determined under the other provisions of sub-section
(c) of this section are in excess of 2.7 percent before adjustment shall
continue to pay at such rates as are required under said other pro-
visions.]

Provided, that under no circumstances shall any employer be re-
quired to pay contributions at a rate, including the adjustment per-
centage provided in sub-section (c) (4) (i) of this section, of more
than 4.2 percent.

Provided further that, for the purpose of making any computa-
tion under this sub-section, any amount which has been credited to
Maryland's account under § 903 of the Social Security Act, as
amended, and which has been appropriated for expenses of adminis-
tration, whether or not withdrawn from said account, shall be ex-
cluded from the total amount available for benefits in the fund.

(5) If an employer subject to this article shall transfer his entire
business, or a department, section, division or any other substantial
portion of the business, which is readily definable, by sale or other-
wise, to another employing unit, the Executive Director shall com-
bine the experience-rating records of the two employing units and
shall for purposes of rate determination transfer to the successor
employer the payroll record and the benefit charges of the predeces-
sor. Provided, that the payroll record and benefit charges of the prede-
cessor shall be charged to the new employing unit in the same propor-
tion as the payroll record of the unit being transferred has to the
total business of the predecessor.

The successor employer shall be liable for the contributions for
such business from the date the transfer occurred.

If the successor is an employer at the time of the transfer, and has
been assigned a contribution rate pursuant to the provisions of this
sub-section, he shall continue to pay contributions at such previously
assigned rate from the date the transfer occurred through the next
June 30.

If the successor is not an employer at the time of the transfer
and acquires the business of one employer or the businesses of two
or more employers with the same rate he shall pay contributions at
the rate assigned to the predecessor employer or employers from the
date the transfer occurred through the next June 30.

If the successor is not an employer at the time of the transfer, and
simultaneously acquires the businesses of two or more employers with