Indiana Code - Labor and Safety - Title 22, Section 22-4-37-3

Invalidity of federal acts; contribution rate

Sec. 3. (a) Should the Congress of the United States amend,
repeal, or authorize the implementation of a demonstration project
under 29 U.S.C. 49 et seq., 26 U.S.C. 3301 through 3311, 42 U.S.C.
301 et seq., or 26 U.S.C. 3101 through 3504, or any statute or
statutes supplemental to or in lieu thereof or any part or parts of said
statutes, or should any or all of said statutes or any part or parts
thereof be held invalid, to the end and with such effect that
appropriations of funds by the said Congress and grants thereof to
the state for the payment of costs of administration of the department
of workforce development are or no longer shall be available for
such purposes, or should the primary responsibility for the
administration of 26 U.S.C. 3301 through 26 U.S.C. 3311 be
transferred to the state as a demonstration project authorized by
Congress, or should employers in Indiana subject to the payment of
tax under 26 U.S.C. 3301 through 3311 be granted full credit upon
such tax for contributions or taxes paid to the department of
workforce development, then, beginning with the effective date of
such change in liability for payment of such federal tax and for each
year thereafter, the normal contribution rate under this article shall
be established by the department of workforce development and may
not exceed three and one-half percent (3.5%) per year of each
employer's payroll subject to contribution. With respect to each
employer having a rate of contribution for such year pursuant to
terms of IC 22-4-11-2(b)(2)(A), IC 22-4-11-2(b)(2)(B), IC 22-4-11-3,
and IC 22-4-11-3.3, to the rate of contribution, as determined for
such year in which such change occurs, shall be added not more than
eight-tenths percent (0.8%) as prescribed by the department of
workforce development.
(b) The amount of the excess of tax for which such employer is or
may become liable by reason of this section over the amount which
such employer would pay or become liable for except for the
provisions of this section, together with any interest or earnings
thereon, shall be paid and transferred into the employment and
training services administration fund to be disbursed and paid out
under the same conditions and for the same purposes as is other
money provided to be paid into such fund. If the commissioner shall
determine that as of January 1 of any year there is an excess in said
fund over the money and funds required to be disbursed therefrom
for the purposes thereof for such year, then and in such cases an
amount equal to such excess, as determined by the commissioner,
shall be transferred to and become part of the unemployment
insurance benefit fund, and such funds shall be deemed to be and are
hereby appropriated for the purposes set out in this section.
(Formerly: Acts 1947, c.208, s.3803; Acts 1967, c.310, s.25.) As
amended by P.L.144-1986, SEC.153; P.L.18-1987, SEC.100;
P.L.21-1995, SEC.132; P.L.214-2005, SEC.65.

Last modified: May 27, 2006