HARRY HUGHES, Governor                                         2713

(7)  An employer who transfers all or part of his
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 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 May 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.