Marvin Mandel, Governor                        1599

SUCCESSOR'S RATE OF CONTRIBUTIONS FOR EACH FISCAL
YEAR SHALL BE BASED ON HIS EXPERIENCE WITH PAY-
ROLLS AND BENEFITS COMBINED WITH THE EXPERI-
ENCE 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 SUBSECTION (C)(2)
OF THIS SECTION IF HE OR ANY ONE OF HIS PREDECES-
SORS HAS HAD THE EXPERIENCE WITH BENEFIT
CHARGES AND PAYROLLS WHICH IS REQUIRED BY SUB-
SECTION (C)(2). NO SUCCESSOR EMPLOYER SHALL QUAL-
IFY FOR A REDUCED RATE OF CONTRIBUTIONS 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 120 DAYS OF THE DATE OF THE TRANSFER IN A
MANNER AND FORM TO BE PRESCRIBED BY THE EXECU-
TIVE 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 ACTU-
ALLY REPORTED. NOTHING IN THIS SECTION SHALL BE
CONSTRUED AS PREVENTING THE EXECUTIVE DIREC-
TOR, WHERE A TRANSFER HAS OCCURRED AS DESCRIBED
ABOVE, RESULTING IN A HIGHER RATE OF CONTRIBUTION
TO THE SUCCESSOR EMPLOYER FROM COMBINING THE
EXPERIENCE-RATING RECORD OF THE TWO EMPLOYING
UNITS AND FOR PURPOSES OF RATE DETERMINATION
TRANSFERRING TO THE SUCCESSOR EMPLOYER THE
PAYROLL RECORD AND BENEFIT CHARGES OF THE PRED-
ECESSOR AT ANY TIME.

(5A) AN EMPLOYER WHO TRANSFERS ALL OR PART OF
HIS OPERATIONS FROM ANOTHER STATE TO THIS STATE
AND HAS HAD, IN SUCH OTHER STATE, FOR A PERIOD OF
NOT LESS THAN FOUR (4) YEARS IMMEDIATELY PRECED-
ING THE SAID TRANSFER, THE EXPERIENCE WITH BENE-
FIT CHARGES AND PAYROLLS WHICH IS REQUIRED BY
SUBSECTION (C)(2), SHALL BE DEEMED TO HAVE MET
THE REQUIREMENTS OF SAID SUBSECTION FOR VARI-
ANCE FROM THE STANDARD RATE, PROVIDED THE EM-
PLOYER SHALL MAKE APPLICATION TO THE EXECUTIVE
DIRECTOR FOR SUCH TREATMENT EFFECTIVE UPON SUCH
TRANSFER. THE APPLICATION SHALL INCLUDE SUCH
INFORMATION AS WILL ENABLE THE EXECUTIVE DIREC-
TOR TO ESTABLISH AN EMPLOYER'S BENEFIT RATIO FOR
SUCH EMPLOYER IN THE MANNER PRESCRIBED BY SUB-
SECTION (C)(3) AS IF THE BENEFIT CHARGES AND PAY-
ROLLS IN ANOTHER STATE HAD BEEN PAID IN THIS
STATE. SUCH APPLICATION SHALL ALSO BE VERIFIED IN
SUCH MANNER AS IS SATISFACTORY TO THE EXECUTIVE
DIRECTOR.

(6) IN THE EVENT THAT IT IS DETERMINED BY THE
EXECUTIVE DIRECTOR THAT AN INDIVIDUAL HAS RE-
CEIVED BENEFITS WHICH ARE RECOVERABLE BY THE