MARVIN MANDEL, Governor

1465

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 requirements of that subsection for variance from
the standard rate, provided the employer shall make
application to the Executive Director 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 application shall
also be verified in whatever manner as is satisfactory to
the Executive Director.

(8)   In the event that it is determined by the
Executive Director that an individual has received
benefits which are recoverable by the Executive Director
under the terms of § 17 (d) or 17 (e) of this article,
the benefits so received shall not, for the purposes of
the experience—rating provisions of this subsection, be
charged against the account of any employer in any
computation made for any fiscal year commencing after the
date of said determination by the Executive Director,
provided no benefit charges shall be removed from the
employer's account if the payment of such benefits was
made as a direct or indirect result of the employer's
failure to provide information to the Executive Director
as required by this article or the regulations
promulgated pursuant thereto.

Benefits paid to claimants based upon wages earned
in a work—release program designed to give an inmate of a
correctional institution an opportunity to work while
serving a term of incarceration shall be treated as
benefits for all purposes under this article except that
benefits resulting from unemployment due to termination
of the inmate's services to a participating employer in a
work—release program shall not be charged to such
employer if the termination was caused by the inmate's
release from prison.

(9)  As used in this subsection:

(i) The term "fiscal year" means the
twelve—month period from July 1 of each year through June

30 of the next year.

(ii) The term "computation date" with respect
to rates of contribution for any fiscal year means March

31 of the preceding fiscal year.