ARTICLE 8 SUBSTITUTE
A
RELATING TO
EMPLOYMENT SECURITY TRUST FUND AND CONTRIBUTIONS
SECTION
1. Section 28-42-33 of the General Laws in Chapter 28-42 entitled
"Employment Security -
General Provisions" is hereby amended to read as follows:
28-42-33.
Modifications to protect fund. – (a) Whenever the director
believes that a
change in contribution and/or benefit rates will
become necessary to protect the solvency of the
fund, he or she shall at once inform the governor and
the general assembly and make
recommendations accordingly. In that case, the
governor may declare an emergency and
authorize the director to announce a modified scale of
benefits, an increased waiting period, or
other changes in rules and regulations regarding
eligibility for payment of benefits which the
director may deem necessary to assure the solvency of
the fund. Those modified regulations are
to be in effect until the governor declares the
emergency at an end, or until further action is taken
by the general assembly.
(b) The governor may
also request Title XII advances from the federal unemployment
account to the account of the State of
with the provisions of Section 1201 of the Social
Security Act. The governor may delegate
authority to request funds in this manner to the
director, who may request advances in payment as
he or she deems necessary, provided that upon making
such a request, the director shall notify the
governor, the speaker of the house, the senate
president, the chairman of the house finance
committee and the chairman of the senate finance
committee of the action taken.
SECTION
2. Section 28-43-34 of the General Laws in Chapter 28-43 entitled
"Employment Security -
Contributions" is hereby amended to read as follows:
28-43-34.
Repayment -- Federal advances. -- (a) If at any time the amount in the
employment security fund exceeds the amount of any
outstanding balance of this state due to the
federal unemployment account in the unemployment trust
fund, the governor may, upon
recommendation of the director, in accordance with
federal law and regulations in effect, cause to
be paid from the employment security fund an amount
equal to the outstanding balance to the
federal unemployment account.
(b) If on June 30,
1985, or on any subsequent June 30, the amount in the employment
security fund exceeds the amount of any outstanding
balance of this state due to the federal
unemployment account in the unemployment trust fund,
the governor shall, in accordance with
federal law and regulations then in effect, cause to
be paid from the employment security fund an
amount equal to the outstanding balance to the federal
unemployment account; provided, that the
remaining balance in the unemployment security fund
after that payment will equal or exceed
twenty-five percent (25%) of the amount of benefits
estimated by the director to be paid in the
next succeeding twelve (12) months.
(c) In any calendar
year beginning on or after January 1, 1983, The governor may, upon
recommendation of the director, cause to be paid from
the employment security fund to the
federal unemployment account, any amount or amounts
if, in accordance with federal laws and
regulations then in effect, the governor deems that
payment to be in the best interest of this state.
(d) The governor may
delegate his or her authority to make voluntary repayments of Title
XII advances from the account of the State of
federal unemployment account to the director in
accordance with the provisions of Section 1202
of the Social Security Act. The director may make
voluntary repayments as he or she deems
necessary, provided that upon making such a voluntary
repayment, the director shall notify the
governor, the speaker of the house, the senate
president, the chairman of the house finance
committee and the chairman of the senate finance
committee of the action taken.
SECTION
3. Section 28-43-8 of the General Laws in Chapter 28-43 entitled
"Employment Security -
Contributions" is hereby amended to read as follows:
28-43-8.
Experience rates -- Tables. -- (a) (1) Whenever, as of September 30,
1987, or
any subsequent computation date, the amount in the
employment security fund available for
benefits is six and four tenths percent (6.4%) or more
of total payrolls as determined in section
28-43-1(9), an experience rate for each eligible
employer for the immediately following calendar
year shall be determined in accordance with schedule A
in this subsection.
(2) Whenever, as of
September 30, 1987, or any subsequent computation date, the
amount in the employment security fund available for
benefits is six and one-tenth percent (6.1%)
but less than six and four-tenths (6.4%) of total
payrolls as determined in section 28-43-1(9), an
experience rate for each eligible employer for the
immediately following calendar year shall be
determined in accordance with schedule B in this
subsection.
(3) Whenever, as of
September 30, 1987, or any subsequent computation date the
amount in the employment security fund available for
benefits is five and eight-tenths percent
(5.8%) but less than six and one-tenth (6.1%) of total
payrolls as determined in section 28-43-
1(9), an experience rate for each eligible employer
for the immediately following calendar year
shall be determined in accordance with schedule C in
this subsection.
(4) Whenever, as of September
30, 1987, or any subsequent computation date the
amount in the employment security fund available for
benefits is five and three-tenths percent
(5.3%) but less than five and eight-tenths (5.8%) of
total payrolls as determined in section 28-43-
1(9), an experience rate for each eligible employer
for the immediately following calendar year
shall be determined in accordance with schedule D in
this subsection.
(5) Whenever, as of
September 30, 1987, or any subsequent computation date the
amount in the employment security fund available for
benefits is four and seven-tenths percent
(4.7%) but less than five and three-tenths (5.3%) of
total payrolls as determined in section 28-43-
1(9), an experience rate for each eligible employer
for the immediately following calendar year
shall be determined in accordance with schedule E in
this subsection.
(6) Whenever, as of
September 30, 1987, or any subsequent computation date the
amount in the employment security fund available for
benefits is three and six-tenths percent
(3.6%) but less than four and seven-tenths (4.7%) of
total payrolls as determined in section 28-
43-1(9), an experience rate for each eligible employer
for the immediately following calendar
year shall be determined in accordance with schedule F
in this subsection.
(7) Whenever, as of
September 30, 1987, or any subsequent computation date the
amount in the employment security fund available for
benefits is three percent (3%) but less than
three and six-tenths (3.6%) of total payrolls as
determined in section 28-43-1(9), an experience
rate for each eligible employer for the immediately
following calendar year shall be determined in
accordance with schedule G in this subsection.
(8) Whenever, as of
September 30, 1987, or any subsequent computation date the
amount in the employment security fund available for
benefits is two and seventy five hundredths
percent (2.75%) but less than 3 percent (3%) of total
payrolls as determined in section 28-43-1(9),
an experience rate for each eligible employer for the
immediately following calendar year shall be
determined in accordance with schedule H in this
subsection.
(9) Whenever, as of
September 30, 1987, or any subsequent computation date the
amount in the employment security fund available for
benefits is less than two and seventy five
hundredths percent (2.75%) of total payrolls as
determined in section 28-43-1(9), an experience
rate for each eligible employer for the immediately
following calendar year shall be determined in
accordance with schedule I in this subsection.
(10) Whenever the
amount in the employment security fund available for benefits, net of
obligations owed to the federal government, is less
than zero at the end of the second month in
any calendar quarter, every employer subject to the
contribution provisions of this chapter shall
be required to pay a surtax of three-tenths of one
percent (.3%) of the individual employer's
taxable wages for the calendar quarter, in addition to
any other contribution which the employer
is required to make under any other provision of this
chapter; provided, however, that this surtax
shall not be imposed during any quarter of calendar
years 2009 and 2010 during which the
interest on federal Title XII advances under section
1201 of the Social Security Act has been
waived.
(b) The contribution
rate for each employer for a given calendar year shall be determined
and the employer notified of it not later than April 1
next succeeding each computation date. That
determination shall be binding unless an appeal is
taken in accordance with provisions of section
28-43-13.
SECTION
4. This article shall take effect upon passage.