Proration among all employer experience-rating accounts of benefits paid but not charged to employer's experience-rating account

Benefits paid but not charged to the experience-rating account of any employer based on subdivisions 61-5-39 (1) to (9), inclusive, shall be prorated among all the employer experience-rating accounts as follows: One hundred percent of such noncharges for the preceding calendar year are divided by the total taxable payroll for the preceding calendar year. The ratio obtained is multiplied by each experience-rated employer's taxable payroll for the preceding year and the result of this computation is deducted from each employer's account balance. The deductions from each employer's account balance shall be credited to the pool account. Source: SL 1982, ch 372 , § 2; SL 1984, ch 336 , § 2; SL 1987, ch 388 , § 2; SL 1991, ch 413 , § 3; SL 1994, ch 392 , § 2; SL 2005, ch 280 , § 2; SDCL § 61-5-29.2; SL 2012, ch 252 , § 59; SL 2013, ch 258 , § 3; SL 2020, ch 215 , § 2, eff. Jul. 1, 2021. 61-5-42 . Succession to experience-rating account on acquisition of business by another--Federal standards to be met. Any individual, group of individuals, or employing unit that acquires its organization, trade or business from an employer for whom an experience-rating account has been maintained by the Department of Labor and Regulation, shall immediately notify the department and upon the mutual consent of the parties concerned and approval of the department, may assume the position of the employer with respect to the experience-rating account. If the experience-rating account is not assumed by the successor employer or employing unit, the initial contribution rate for employers pursuant to § 61-5-24 shall be assigned to the successor employer or employing unit. The department shall promulgate rules pursuant to chapter 1-26 to carry out the provisions of this section consistent with federal standards of additional credit allowance as provided in section 3303 of the Internal Revenue Code. Source: SL 1937, ch 224 , § 3; SDC 1939, § 17.0822 (6); SL 1939, ch 86 , § 3; SL 1941, ch 85 , § 4; SL 1947, ch 89 , § 1; SDC Supp 1960, § 17.0822 (5); SL 1961, ch 106 , § 4; SL 1971, ch 276 , § 49; SL 1982, ch 369 , § 9; SL 1988, ch 414 ; SL 1993, ch 375 , § 30; SL 2005, ch 281 , § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SDCL § 61-5-33 ; SL 2012, ch 252 , § 59.