Marvin Mandel, Governor                        1753

If the successor is not an employer at the time of the trans-
fer 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 suc-
cessor's rate of contribution for each fiscal year shall be based on
his experience with payrolls and benefits combined with the ex-
perience 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)] (3)
of this section if he or any one of his predecessors has had the experi-
ence with benefit charges and payrolls which is required by subsec-
tion (c) [(2)3 (3).

No successor employer shall qualify for a reduced rate of con-
tributions from the date of transfer by virtue of [such] that trans-
fer 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 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 sec-
tion 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 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 predecessor at any time.

(7) An employer who transfers all or part of his operations from
another state to this State and has had, in that other state, for a
period of not less than three (3) years immediately preceding the
transfer, the experience with benefit charges and payrolls which is
required by subsection (c)(3) shall be deemed to have met the re-
quirements of that subsection for variance from the standard rate,
provided the employer shall make application to the Executive Direc-
tor for that treatment effective upon the transfer. The application
shall include such information as will enable the Executive Director
to establish an employer's benefit ratio for that employer in the
manner prescribed by subsection (c)(4) as if the benefit charges
and payrolls in another state had been paid in this State. The appli-
cation shall also be verified in whatever manner as is satisfactory to
the Executive Director.

[(6)] (8) In the event that it is determined by the Executive
Director that an individual has received benefits which are recover-
able 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 pur-
poses of the experience-rating provisions of this subsection, be