5022

VETOES

(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, 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, all

benefits paid to the claimant for that period shall be

charged against the experience-rating record of the
claimant's employer who caused the shutdown.

(ii) Benefits paid to a claimant under a
determination or decision made pursuant to this article
shall not be charged against any employer's
experience-rating account if as a result of reversal or
redetermination a disqualification is imposed for a week or
weeks for which said payments were made.

(3) (i) If an employer's experience-rating
record has been chargeable with benefits 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 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 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
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.

(ii) Any nonprofit organization that
elects to pay contributions after having been covered under
this article on a payment in lieu of contributions basis,
for the purposes of paragraph (i) of this subsection, will
be presumed to have had payrolls equalling or exceeding $200
in each prior fiscal year in which the employer actually
paid $200 or more to individuals for services and the
employer will be presumed to have been chargeable with
benefits during any period when it was subject to this
article on a payment in lieu of contributions basis. Moneys
paid for services will be treated as payrolls and benefits