HARRY HUGHES, Governor

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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 for which the computation date occurs
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.

(iii) The term "annual payroll" means the
total amount of wages for employment paid by an employer
within any calendar year with respect to which contributions
have been paid on or before the computation date.