Marvin Mandel, Governor                        1595

(2)    No employer's rate shall be varied from 2.7 percent for any
fiscal year, and unless and until his experience-rating record has
been chargeable with benefits throughout the 36-consecutive-calendar-
month period ending on the computation date (as defined in sub-
section (c) (7) of this section), and unless and until each of his
annual payrolls, as defined herein, during the four calendar years
immediately preceding the computation date for that fiscal year
equals or exceeds $200.00; except that any employer who has not
been subject to the provisions of this article for a period of time
sufficient to meet the 36-consecutive-calendar-month requirement
shall, for the fiscal year beginning July 1, 1960 and for each fiscal
year thereafter, have his rate computed on the basis of his experience
provided his account has been chargeable with benefits throughout
at least the 12-consecutive-calendar-month period ending on the
computation date, and provided further that each of his annual pay-
rolls, as defined herein, during the two calendar years immediately
preceding the computation date for that fiscal year equalled or
exceeded $200.00. Provided, that if an employer has met all of the
other requirements of the law to qualify for an experience rate, but
does not have the required annual payrolls because he failed to pay
contributions due and payable, on or before the computation date,
his contribution rate for the following fiscal year shall be his earned
rate or the standard rate, whichever is the greater, provided further
that if an employer has failed to file reports due and/or has failed to
pay all contributions due and payable, as required by the provisions
of this article and the regulations adopted thereunder, as of the
beginning of any fiscal year, his contribution rate shall be 4.2 percent
beginning with the first day of that fiscal year and thereafter until
the first day of the calendar quarter following the date on which he
has filed all reports due and has paid all contributions due, as re-
quired by this article and the regulations promulgated pursuant
thereto, at which time he shall be granted his earned contribution
rate.

(3)    The Executive Director shall for the fiscal year beginning
July 1, 1964 and for each fiscal year thereafter, determine the con-
tribution rate of each employer who has met the requirements speci-
fied in subsection (c) (2) of this section, on the basis of his experience-
rating record, in the following manner:

(i) The Executive Director shall compute a benefit ratio for each
such employer which shall be the quotient obtained by dividing the
total benefits chargeable to his experience-rating record which were
paid within the 36-consecutive-calendar-month period ending on the
computation date by the total of his annual payrolls for the 3 calendar
years immediately preceding that computation date; except that for
any employer who has not been subject to the provisions of this
article for a period of time sufficient to meet the 36-consecutive-
calendar-month requirement, such benefit ratio shall be the quotient
obtained by dividing the total benefits chargeable to his experience-
rating record which were paid during the entire period, ending on
the computation date, that he has been subject to this article by the
total amount of wages for employment paid by the employer during
the period beginning with the first day of the calendar quarter
immediately following the quarter in which he first became subject
to the provisions of this article and ending on December 31 of the
calendar year immediately preceding that computation date, with
respect to which wages contributions have been paid on or before