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Assembly Bill A9047

2011-2012 Legislative Session

Relates to experience rating for unemployment insurance

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Archive: Last Bill Status - In Assembly Committee

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2011-A9047 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd ยง581, Lab L

2011-A9047 (ACTIVE) - Summary

Provides that unemployment insurance experience rating transfer shall be optional when a business is acquired by another business.

2011-A9047 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9047

                          I N  A S S E M B L Y

                            January 17, 2012
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in  relation  to  unemployment  insurance
  experience rating transfer requirements when a business is acquired by
  another business

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 and subparagraph 1 of paragraph (a) of subdi-
vision 7 of section 581 of the labor law,  subdivision  4  as  added  by
chapter 645 of the laws of 1951, paragraph (d) of subdivision 4 as added
by  chapter 728 of the laws of 1952, and subparagraph 1 of paragraph (a)
of subdivision 7 as added by chapter  391  of  the  laws  of  2005,  are
amended to read as follows:
  4.  Transfers  of  accounts.  (a) Where an employer subsequent to July
first, nineteen hundred fifty-one, transfers his  or  its  organization,
trade  or business in whole or in part, the transferee [shall] MAY ELECT
TO take over and continue the employer's account, including its  balance
and  all  other aspects of its experience under this article, in propor-
tion to the payroll or employees assignable to the transferred organiza-
tion, trade or business determined for the purpose of  this  article  by
the  commissioner. The account taken over by the transferee shall remain
chargeable with respect to benefits based on employment  in  the  trans-
ferred organization, trade or business, and all such employment shall be
deemed employment performed for the transferee.
  (b) [The] IN THE EVENT OF A TRANSFER THE rate of contribution applica-
ble to the accounts of the transferee and the transferring employer with
respect  to  the  calendar  year in which the transfer occurred shall be
respectively determined or redetermined as of the  computation  date  in
the preceding calendar year, and such rates shall apply from the date of
the  transfer  to  the  end  of  the calendar year in which the transfer
occurred. The rate of contribution applicable to  the  accounts  of  the
transferee  and  the  transferring employer with respect to the calendar
year following the calendar year in which the transfer occurred shall be
respectively determined or redetermined as of the  computation  date  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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