HARRY HUGHES, Governor

1519

rata basis to all base period employers. The percentage of
the charge to each base period employer shall be in the same
proportion as the amount of wages paid to the claimant by
each such employer is to the total amount of wages received
by the claimant during the base period, and shall be
computed as a whole number without decimals. With respect
to governmental entities, the appropriate share of any
extended benefits shall be one half of any extended benefits
paid to such individuals for compensable weeks beginning on
or before December 31, 1978, and all extended benefits paid
to such individuals for compensable weeks beginning after
December 31, 1978. With respect to all other employers, the
appropriate share of any extended benefits shall be one half
of any extended benefits paid to such individuals.

(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, FOR RETOOLING, or FOR other
purpose OF THE EMPLOYER, THAT IS PRIMARILY OTHER THAN A LACK
OF WORK AND causing unemployment for a certain AND definable
period [not exceeding three weeks in any benefit year], all
benefits paid to the claimant FOR THAT PERIOD shall be
charged against the experience—rating record of the
claimant's [current] employer WHO CAUSED THE SHUTDOWN.

(3) (i) If an employer's experience—rating
record has been chargeable with benefits [throughout the
36-consecutive—calendar—month period ending on] DURING THE 3
CALENDAR YEARS IMMEDIATELY PRECEDING 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, the employer
shall be assigned an earned rate based upon his experience
as provided 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] 3 CALENDAR YEAR requirement
shall for each fiscal year have his rate computed on the
basis of his experience if his account has been chargeable

with benefits throughout at least the

[12—consecutive—calendar—month period ending on] CALENDAR
YEAR IMMEDIATELY PRECEDING the computation date and 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. 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 and if an employer has failed to file reports

due or has failed to pay all contributions due and payable,

as required by this article and the regulations adopted

under it, as of the beginning of any fiscal year, his