§ 1326. Rate based on benefit experience

(a) The Commissioner shall for each rate year compute a benefit ratio for each employer who meets the requirements of section 1327 of this title. For an employer whose record has been chargeable with benefits throughout the three consecutive calendar years immediately preceding the rate year for which the ratio is computed, the benefit ratio shall be the quotient obtained by dividing the total benefits charged to his or her record in such three years by the total of his or her taxable payrolls for the same three-year period; for an employer whose record has been chargeable with benefits for at least one but less than three consecutive calendar years immediately preceding the rate year for which the ratio is computed, the benefit ratio shall be the quotient obtained by dividing the total benefits charged to his or her record for such calendar year or years by the total of his or her taxable payrolls for the same period. The contribution rate of each employer, not otherwise ineligible, who meets the requirements of section 1327 of this title, shall be determined under subsections (b) through (g) of this section.

(b) The Commissioner shall prepare a schedule on which he or she shall list all employers for whom a benefit ratio has been computed pursuant to this section, in the order of their benefit ratios, beginning with the lowest such ratio, and on which shall be shown with respect to each such employer:

(1) the amount of his or her benefit ratio;

(2) the amount of his or her annual taxable payroll; and

(3) a cumulative total consisting of the amount of his or her annual taxable payroll plus the amount of the annual taxable payrolls of all other employers preceding him or her on the list.

(c) The Commissioner shall segregate employers so listed into classes in accordance with the cumulative payrolls. The classes shall be determined by the cumulative payroll percentage limits set forth in column B of the table below. Each such class shall be identified by the rate class number in column A which is opposite the figures in column B which represents the percentage limits of each class. In the event an employer's taxable payroll falls in more than one rate class, he or she shall be assigned to the lower numbered rate class except that no employer shall be assigned to a higher rate class than is assigned any other employer with the same benefit ratio.

(d) The Commissioner shall compute a current fund ratio, and a highest benefit cost rate, as follows:

(1) the current fund ratio shall be determined by dividing the available balance of the Unemployment Compensation Fund on December 31 of the preceding calendar year by the total wages paid for employment during the said calendar year as reported by employers by the following March 31;

(2) the highest benefit cost rate shall be determined by dividing the highest amount of benefit payments made during a consecutive 12 month period which ended within the 10 year period ended with the preceding December 31, by the total wages paid during the four calendar quarter periods which ended within such 12 month period.

(e) The rate schedule shall be determined by dividing the current Fund ratio by the highest benefit cost rate. The applicable rate schedule shall be that schedule below the resultant quotient which appears in column C of the following table:

A.              B.                                                               C.

IF THE RESULTING QUOTIENT IS:

Rate     % of Taxable

Class       Payrolls      2.50    2.00     1.50      1.00

and        to       to          to       under

From      To      over    2.49    1.99      1.49      1.00

I.         II.       III.         IV.       V.

0      00.00    00.00   0.4%   0.6%   0.8%     1.1%      1.3%

1      00.01    05.00    0.5     0.7       0.9        1.2          1.5

2      05.01    10.00    0.6     0.8      1.1         1.4          1.8

3      10.01    15.00    0.7     1.0      1.4         1.7          2.1

4      15.01    20.00    0.8     1.2      1.7         2.0          2.4

5      20.01    25.00    0.9     1.4     2.0          2.3          2.7

6      25.01    30.00    1.1     1.7     2.3          2.6          3.0

7      30.01    35.00    1.4     2.0     2.6          2.9          3.3

8      35.01    40.00    1.7     2.3     2.9          3.2          3.6

9      40.01    45.00    2.0     2.6     3.2          3.5          4.0

10     45.01    50.00    2.3     2.9     3.5          3.8          4.4

11     50.01    55.00    2.6     3.2     3.8          4.1          4.8

12     55.01    60.00    2.9     3.5     4.1          4.5          5.2

13     60.01    65.00    3.2     3.8     4.4          4.9          5.6

14     65.01    70.00    3.5     4.1     4.7          5.3          6.0

15     70.01    75.00    3.8     4.4     5.0          5.7          6.4

16     75.01    80.00    4.1     4.7     5.3          6.1          6.8

17     80.01    85.00    4.4     5.0     5.6          6.5          7.2

18     85.01    90.00    4.7     5.3     5.9          6.9          7.6

19     90.01    95.00    5.0     5.6     6.2          7.3          8.0

20     95.01   100.00    5.4     5.9     6.5         7.7          8.4

(f) The contribution rate to become effective July 1, 1977 and thereafter on July 1 of each year, shall be the rate determined for that class into which the given employer is placed by application of this section.

(g) If, subsequent to the assignment of rates of contribution for any rate year, the benefit ratio of any employer is recomputed and changed, such employer shall be placed in that position on the list which he or she would have occupied had his or her corrected benefit ratio been shown on the list, but such altered position on the list shall not affect the position of any other employer.

(h) In the determination of a rate schedule, only the wages paid by employers liable for payment of contributions into the fund and benefit payments not reimbursable by employers liable for payments in lieu of contributions shall be considered in the computation of a current fund ratio and highest benefit cost rate. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 65, eff. Jan. 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1963, No. 106, § 2; 1965, No. 77, § 1; 1967, No. 159, § 1; 1969, No. 161 (Adj. Sess.); 1973, No. 31, § 1, eff. March 27, 1973; 1977, No. 64, § 14, eff. Jan. 1, 1977; 1983, No. 124 (Adj. Sess.), § 2.)