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Session Laws, 1984
Volume 759, Page 2721   View pdf image
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HARRY HUGHES, Governor

2721

for sharable benefits under the Federal-State Extended
Unemployment Compensation Act of 1970 and all advance payments
made on behalf of eligible employers electing to reimburse the
fund for benefit charges in lieu of contributions shall be
treated as accounts receivable to the fund and shall be included
in the fund for computation purposes under this section.

(6) If an employing unit alters its legal status,
such as by changing from a sole proprietorship or a partnership
to a corporation, or if an employing unit otherwise changes its
trade name or business identity and the enterprise remains under
substantially the same ownership, the Executive Director shall
combine the experience-rating records of the two employing units
and shall for purposes of rate determination transfer to the
successor employer the payroll record and the benefit charges of
the predecessor. In the event the predecessor remains in
business and has employment after the date of the transfer, the
predecessor shall be regarded for experience-rating purposes as a
new employer. Provided, that the payroll record and benefit
charges of the predecessor shall be charged to the new employing
unit or employing units in the same proportion as the payroll
record of the unit being transferred has to the total business of
the predecessor.

The successor employer shall be liable for the contributions
for such business from the date the transfer occurred.

If the successor is an employer at the time of the transfer,
and has been assigned a contribution rate pursuant to the
provisions of this subsection, he shall continue to pay
contributions at such previously assigned rate from the date the
transfer occurred through the next June 30.

If the successor is not an employer at the time of the
transfer and acquires the business of one employer or the
business of two or more employers with the same rate he shall pay
contributions at the rate assigned to the predecessor employer or
employers from the date the transfer occurred through the next
June 30.

If the successor is not an employer at the time of the
transfer, and simultaneously acquires the businesses of two or
more employers with different rates of contributions, his rate
from the date the transfer occurred through the next June 30
shall be a recomputed rate based on the combined experience of
his predecessor as of the regular computation date for the fiscal
year in which the transfer occurred.

In all cases, from and after July 1 following the transfer,
the successor's rate of contribution for each fiscal year shall
be based on his experience with payrolls and benefits combined
with the experience of his predecessor or predecessors, as of the
regular computation date for that fiscal year. A successor
employer shall be deemed to have met the requirements of
subsection (c)(3) of this section if he or any one of his

 

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Session Laws, 1984
Volume 759, Page 2721   View pdf image
 Jump to  
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