Marvin Mandel, Governor                         377

thereof, and that transfer constitutes a transfer of that employer's
employing enterprise 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 the payroll record and the benefit charges of the predeces-
sor. In the event the predecessor remains in business and has em-
ployment after the date of the transfer, the predecessor shall be re-
garded for experience-rating purposes as a new employer. Provided,
that the payroll record and benefit charges of the predecessor
shall be charged to the new employing unit or employing units in
the same proportion as the payroll record of the unit being trans-
ferred 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 subsection, 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 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 experi-
ence of his predecessor or predecessors, as of the regular computa-
tion date for that fiscal year. A successor employer shall be deemed
to have met the requirements of subsection (c) (3) of this section if
he or any one of his predecessors has had the experience with ben-
efit charges and payrolls which is required by subsection (c) (3).

No successor employer shall qualify for a reduced rate of contribu-
tions from the date of transfer by virtue of that transfer unless he
shall report the transfer and apply for a reduced rate to the Exec-
utive Director within 120 days of the date of the transfer in a man-
ner 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 successor employer from combining the experi-
ence-rating record of the two employing units and for purposes of
rate determination transferring to the successor employer the pay-
roll record and benefit charges of the predecessor at any time.