2356                                           LAWS OF MARYLAND                                    Ch. 807

(5) AN INDIVIDUAL MAY NOT BE PAID BENEFITS BASED ON
SERVICE DESCRIBED IN PARAGRAPHS (3) AND (4) FOR ANY WEEK OF
UNEMPLOYMENT THAT BEGINS DURING AN ESTABLISHED AND CUSTOMARY

VACATION PERIOD, OR HOLIDAY RECESS IF SUCH INDIVIDUAL

PERFORMS SUCH SERVICE IN THE PERIOD IMMEDIATELY BEFORE SUCH

VACATION PERIOD, OR HOLIDAY RECESS, AND THERE IS A

REASONABLE ASSURANCE THAT SUCH INDIVIDUAL WILL PERFORM SUCH

SERVICE IN THE PERIOD IMMEDIATELY FOLLOWING

PERIOD, OR HOLIDAY RECESS.

[(5}] (6) In this subsection, the term "institution
of higher education" has the meaning stated in §20(s) of
this article AND THE TERM "EDUCATIONAL INSTITUTION" HAS THE

MEANING STATED IN §20(U) OF THIS ARTICLE.

(c) (2) (i) If the claimant's unemployment is

caused by a shutdown by his employer for the purpose of

having employees take their vacations at the same time, OR

BY A SHUTDOWN FOR INVENTORY OR OTHER PURPOSE CAUSING

UNEMPLOYMENT FOR A CERTAIN DEFINABLE PERIOD NOT EXCEEDING
THREE WEEKS IN ANY BENEFIT YEAR, all benefits paid to the
claimant shall be charged against the experience—rating
record of the claimant's current employer.

(3) (i) If an employer's experience—rating
record has been chargeable with benefits throughout the
36-consecutive—calendar-month period ending on the
computation date (as defined in paragraph (9) of this
subsection)[,] and each of his annual payrolls, as defined
herein, during the three calendar years immediately
preceding the computation date for that fiscal year equals
or exceeds [$200-00] $200, the employer shall be assigned an
earned rate based upon his experience as provided [herein;
except that] IN THIS PARAGRAPH. HOWEVER, 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 each
fiscal year have his rate computed on the basis of his
experience [provided] IF 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 payrolls, as defined herein, during the two calendar
years immediately preceding the computation date for that
fiscal year equalled or exceeded [$200.00] $200. [Provided,
that] HOWEVER, if an employer has met all 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] AND if an employer has failed to file reports due
[and/or] OR has failed to pay all contributions due and
payable, as required by [the provisions of] this article and
the regulations adopted [thereunder] UNDER IT, as of the

8.