SF0053 - Unemployment compensation.
2001 |
State of Wyoming |
01LSO-0203 |
SENATE FILE NO. SF0053
Unemployment compensation.
Sponsored by: Senator(s) Hawks, Coe and Devin and
Representative(s)
Parady and Tempest
A BILL
for
1 AN ACT relating to
unemployment compensation; deleting an
2 exclusion
from the fund; providing for the disposition of
3
special rate funds collected; providing expenditures from
4 the
workforce development training may be made without the
5
advice of the Wyoming business council; providing for
6
notification of expenditures; providing for a reduction in
7 the
base rate for 2002; deleting the allocation of the
8
adjustment factor; and providing for an effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 27-3-201(b)(i), 27-3-202(b),
13 27-3-210(c), 27-3-503(b) and 27-3-505(a)
are amended to
14 read:
15
Page 1
1 27-3-201. Establishment and
composition of
2 unemployment compensation
fund.
3
4 (b) The fund shall consist of:
5
6 (i) Contributions
collected under this act,
7
excluding any special reserve contribution rate imposed
8
under W.S. 27-3-503(g); and revenues for the employment 9
support fund under W.S. 27-3-505(a);
10
11 27-3-202. Administration of fund.
12
13 (b) All funds
payable to the fund shall be deposited
14 by the department or its authorized
representative with the
15 state treasurer in the clearing account. In
addition, all
16 funds collected from the special reserve
contribution rate
17 imposed under W.S. 27-3-503(g) and from the employment 18
support fund
under W.S. 27-3-505(a) shall be deposited by
19 the department in the clearing account, for
clearance only,
20 and shall not become a part of the fund. Beginning with the
21 taxes assessed
for the first quarter of 2001 and payable in
22 the second
quarter of 2001 and after clearance, twenty-five
23 percent (25%) of
the funds collected from the special rate
24 shall be immediately deposited within the
state
Page 2
1
unemployment insurance trust fund created under W.S.
2 27-3-209,. After clearance,
funds collected for the 3
employment support fund under W.S. 27-3-505(a) shall be 4
deposited in the employment support fund created by W.S. 5
27-3-211 twenty-five
percent (25%) immediately shall be
6 deposited in the employment support fund created under W.S.
7 27-3-211 and fifty percent (50%) immediately shall be
8 deposited in the workforce development training fund
9 created under W.S. 27-3-210. Thereafter, refunds
payable
10 pursuant to W.S. 27-3-515 may be paid from
the clearing
11 account upon warrants issued by the
treasurer under
12 regulation of the commission. Remaining
funds in the
13 clearing account shall be immediately
deposited with the
14 United States secretary of the treasury in
Wyoming's
15 account within the unemployment trust fund
established
16 pursuant to 42 U.S.C. § 1104(e).
17
18 27-3-210. Workforce development
training fund
19 established.
20
21 (c) Expenditures
from the workforce development
22 training fund for purposes authorized in
paragraphs (b)(i)
23 and (ii) of this section shall be approved
by the director
24 of the department of employment. Expenditures from the
Page 3
1 workforce development training fund for purposes authorized 2
in paragraphs (b)(iii) and (iv) of
this section shall be 3
approved by the director of the
department of employment 4
with the advice of the Wyoming
business council based on
5 procedures,
criteria and performance measures established
6 by
regulations. Notification of expenditures approved
under
7 paragraphs (b)(iii) and (iv) of this section and a copy of
8 the training fund application shall be provided to the
9 Wyoming business council. The director of the
department of
10 employment shall report annually to the
governor and the
11 legislature on the expenditures made from
the training fund
12 in the preceding fiscal year and the results
of the
13 activities funded by the training fund.
14
15 27-3-503. Payment; base rate; failure
to pay; rate
16 variations; benefit ratio; new employer rate; special
17 reserve rate.
18
19 (b) Except as
otherwise provided by law, the base
20 rate of contributions assigned to any
employer is eight and
21 one-half percent (8.5%) for 1988 and each
calendar year
22 thereafter subject to rate variations under
subsections (d)
23 and (f) of this section in addition to a
special reserve
24 contribution rate assigned under subsection
(g) of the this
Page 4
1 section
and the adjustment factors computed under W.S.
2 27-3-505.
For calendar year 2002, the base rate assigned to
3 any employer under this subsection or any variation
4 assigned under subsection (d) of this section shall be
5 reduced by twenty percent (20%). The base rate
assigned to
6 any
employer under this subsection or any rate variation
7 assigned
under subsections (d) or (f) of this section shall
8 be
reduced by twenty percent (20%) for any calendar year in
9 which
a special reserve contribution rate is imposed under
10 subsection (g) of this section. Except as
hereafter
11 provided, a contributing employer failing to
pay all
12 contributions, interest and penalties or to
submit all
13 quarterly contribution reports due on his
account or any
14 account assumed under W.S. 27-3-507 on or
before September
15 30 preceding the effective date of his
assigned rate shall
16 be assigned a delinquent rate which shall
include a two
17 percent (2%) tax rate increase in his base
rate and shall
18 also include in addition thereto the
adjustment factors for
19 the next calendar year beginning January 1.
The delinquent
20 rate shall not exceed the maximum assignable
rate. The
21 delinquent rate shall continue to be
assigned through and
22 including the calendar quarter in which the
delinquent
23 employer satisfies his delinquent account by
submitting all
24 payments and contribution reports due. Upon
satisfaction of
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1 the
delinquent account, the contributing employer shall be
2 assigned
the contribution rate otherwise applicable under
3 this
article beginning the next full calendar quarter.
4
Provided however, that a delinquent employer shall pay an
5
assigned delinquent rate for at least the first quarter
6
even if the account is satisfied before January 1 of the
7 new
calendar year.
8
9 27-3-505. Adjustment for noncharged
and ineffectively
10 charged benefits; adjustment for positive and negative fund
11 balance; computations; exception; maximum rate.
12
13 (a) An
adjustment factor for noncharged and
14 ineffectively charged benefits shall be
computed to the
15 fourth decimal by dividing the total
noncharged and
16 ineffectively charged benefits to all
employers' experience
17 rating accounts during the experience rating
period ending
18 June 30 by the total taxable wages payable
during the
19 experience period and added to the rate
provided by W.S.
20 27-3-503. The total taxable wages payable
under this
21 subsection shall not include wages payable
by employers
22 electing payments instead of contributions
under W.S.
23 27-3-509. Eighty
percent (80%) of this adjustment factor 24
shall be
allocated to the unemployment compensation fund.
Page 6
1 Twenty percent (20%) of this adjustment factor shall be 2
allocated to the employment support
fund created by W.S. 3
27-3-211.
4
5 Section 2. This act is effective January 1, 2001.
6
7 (END)
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