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Session Laws, 1966
Volume 678, Page 346   View pdf image (33K)
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346                              LAWS OF MARYLAND                      [CH. 147

preceding the transfer, to another employing unit,] organization,
trade, or business, or substantially all the assets thereof, and such
transfer constitutes a transfer of such employer's employing enter-
prise as a going concern,
the Executive Director shall combine the
experience rating records of the two employing units and shall for
purposes of rate determination transfer to the successor employer
all of the payroll record and the benefit charges of the predecessor.
In the event the [transferror] predecessor remains in business and
has employment after the date of the transfer, said [transferror]
predecessor shall be regarded for experience rating purposes as a
new employer.

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 subsection, he shall continue to pay contributions at such pre-
viously 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 business 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 different rates of contributions, his rate from the date the
transfer occurred through the next June 30 shall be a recomputed
rate based on the combined experience of his predecessor 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 payrolls and benefits combined with the
experience of his predecessor or predecessors, as of the regular com-
putation date for that fiscal year. A successor employer shall be
deemed to have met the requirements of subsection (c) (2) of this
section if he or any one of his predecessors has had the experience
with benefit charges and payrolls which is required by subsection
(c) (2).

No successor employer shall qualify for a reduced rate of contri-
butions from the date of transfer by virtue of such transfer unless
he shall report the transfer and apply for a reduced rate to the
Executive Director within [30] 120 days of the date of the transfer
in a manner and form to be prescribed by the Executive Director.
In the event the transfer is not reported within this time, the earned
rate shall be assigned to the successor as of the first day of the first
quarter after the transfer is actually reported.
Nothing in this section
shall be construed as preventing the Executive Director, where a
transfer has occurred as described above, resulting in a higher rate
of contribution to the [predecessor] successor employer from com-
bining the experience-rating record of the two employing units and
for purposes of rate determination transferring to the successor
employer all of the payroll record and benefit charges of the predeces-
sor at any time.

 

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Session Laws, 1966
Volume 678, Page 346   View pdf image (33K)   << PREVIOUS  NEXT >>


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