(a) Contributions with respect to wages for employment shall accrue and become payable by each employer for each calendar year in which he is subject to this chapter. Such contributions shall become due and be paid by each employer to the Commissioner of Finance for the Unemployment Fund not less frequently than quarterly, in accordance with such regulations as the Commissioner of Labor may prescribe, and shall not be deducted, in whole or in part, from the wages of individuals in employment for such employer.
Rates of contribution Rates of contribution (b) (1) Except as otherwise provided in this subsection, each employer shall pay contributions equal to five and four-tenths percent (5.4%) of wages paid by him during the calendar year with respect to employment, subject to the limit on wages set forth in subsection (c) of this section. Each employer, shall pay an amount of $25 per employee, per year to pay the accrued interest on the Virgin Islands Federal Trust Fund Loan.(2) Each employer newly subject to the provisions of this chapter shall pay contributions at the rate of two percent (2%) until such time as he has sufficient experience to qualify for a contribution rate in accordance with paragraph (3) of this subsection.(3) (A) In lieu of the five and four-tenths percent (5.4%) contribution rate set forth in paragraph (1) of this subsection, each employer subject to the provisions of this chapter for each of the four completed calendar quarters ending June 30 of any year, shall pay contributions at a rate determined by the employer’s payroll variation index. An employer’s payroll variation index shall be computed as follows:(i) For each quarter in the period ending June 30 (not to exceed 12 calendar quarters) for which the employer was subject to the provisions of this chapter, compute the change from the prior quarter in the total amount of wages paid (without reference to the limitation in subsection (c) of this section) for insured work as reported by such employer for such quarter. For any quarter for which the employer has not reported wages (including the quarter prior to the first quarter for which the employer was subject to the provisions of this chapter), the amount of wages used for this calculation shall be zero.(ii) Compute average quarterly wages by dividing the total wages paid in the quarters for which changes were calculated in paragraph (A) by the number of quarters.(iii) Compute a payroll change percentage for each quarter by dividing the change in wages by the average quarterly wages and multiplying by one hundred percent. Any negative percentage change exceeding negative four hundred percent shall be set at negative four hundred percent.(iv) Multiply each of the negative payroll change percentages by two.(v) Divide the sum of the resulting positive and negative percentages over the entire period by the number of quarters, and round the resulting payroll variation index to the nearest ten-thousandth of a percent.(B) This computation shall be made no later than December 31 of the year immediately preceding the calendar year for which it shall apply and shall be performed in accordance with regulations prescribed by the Commissioner.(4) (A) Before December 31 of each year, the fund solvency contribution rate applicable for the following calendar year shall be determined on the basis of the average high cost multiple. The average high cost multiple shall be computed as follows:(i) Compute the aggregate reserve ratio by dividing the net trust fund balance (cash balance minus outstanding loans) as of September 30 of the current year by total wages paid for insured work by contributory employers for the twelve-month period ending the prior December 31.(ii) Compute the benefit cost rate for each of the last twenty calendar years ending before September 30 by dividing benefits paid in each year by total wages for insured work for contributory employers in each year.(iii) Compute the average high cost rate by averaging the three highest annual benefit cost rates in the last twenty years.(iv) Compute the average high cost multiple by dividing the aggregate reserve ratio by the average high cost rate.(B) The fund solvency contribution rate for a calendar year shall be that rate which appears on the same line as the average high cost multiple (rounded to the nearest hundredth) in the fund solvency contribution rate schedule set forth below. FUND SOLVENCY CONTRIBUTION RATE SCHEDULE Average HighCost MultipleFund SolvencyContribution Rate1.21 or more-0.5 percent0.81 to 1.2000.61 to 0.80+0.5 percent0.41 to 0.60+1.0 percent0.21 to 0.40+1.5 percentLess than 0.21+2.0 percent(5) Before December 31 of each year, the base contribution rate shall be computed by averaging the twenty benefit cost rates computed in paragraph (4)(A)(ii), multiplying by the ratio of total wages in insured work to wages subject to contributions for the most recent calendar year, and rounding the result to the nearest hundredth of a percent.(6) The total contribution rate for experience-rated employers for the following calendar year shall be equal to the sum of the base contribution rate and the fund solvency contribution rate, except that for the calendar year beginning January 1, 2024, the total contribution rate shall be 2.5 percent.(7) (A) The amount of each experience-rated employer’s wages subject to contributions for the four consecutive quarters ending June 30 shall be determined as reported by such employer for such quarters. All eligible employers, along with their taxable wages, shall be listed in the order of their payroll variation indexes beginning with the largest positive payroll variation index and continuing through the largest negative payroll variation index. For each employer in the list, the cumulative taxable wages of the employer together with all employers who precede the employer on the list shall be calculated.(B) The employers shall be divided into tax rate interval groups according to cumulative taxable wages. The limits of the tax rate interval groups are those set out in column B of the table in subparagraph (C) below. Each of these groups shall be identified by the group number in column A on the same line as the numbers in column B which represent the cumulative percentage limits of each group. An employer shall be assigned to the group in which the greater part of the employer’s taxable wages falls. If one-half of the employer’s taxable wages fall in one group and one-half in another, the employer shall be assigned to the lower-numbered group. An employer may not be assigned to a higher-numbered group than the one to which any other employer with the same payroll variation index is assigned. The tax rates shall be established by the Commissioner of Labor and published annually.(C) An employer shall be assigned the tax rate factor in column C which is on the same line as the tax rate interval group to which that employer is assigned. The contribution rate for such employer shall be equal to the tax rate factor added to the total contribution rate determined in paragraph (6) of this subsection. The contribution rate in each interval group below group 14 shall be the lower of the calculated rate or the maximum tax rate in law, and it shall be the higher of the calculated rate and the minimum tax rate in law. Also, the contribution rate for an employer in class 14 shall be equal to five and four-tenths percent (5.4%). The maximum contribution rate for any employer shall be five and four-tenths percent (5.4%). The minimum rate for any employer for calendar years beginning on or after January 1, 2024, shall be four tenths percent (0.4%). The contribution rate for an employer shall be rounded to the nearest hundredth of a percent.COLUMN ACOLUMN BCOLUMN CTax RateInterval GroupCumulative Taxable WagesTax RateFactor at least(percent)but less than(percent) 102- 1.6225- 1.23510- 0.841030- 0.453070067090+ 0.479095+ 0.889597+ 1.299798+ 1.6109899+ 2.0119999.50+ 2.41299.5099.90+ 2.81399.9099.99+ 3.21499.99100+ 3.6(D) Corrections or modifications of an employer’s wages paid may be taken into account within three years after the June 30th computation date for the purpose of a reduction or increase in the employer’s contribution rate. When an adjustment is made in an employer’s wages paid or in an employer’s payroll variation index after rates have been assigned, the adjustment may not alter the contribution rate of any other employer. The employer for whom the adjustment in the payroll variation index is made shall be assigned to the tax rate interval group to which the employer with the nearest similar payroll variation index was assigned.(E) The following contribution rates will be in effect for the calendar year beginning January 1, 2024. The contribution rates for the following years shall be established by the Commissioner and published annually on the Virgin Islands Department of Labor website, the Employer’s handbook, as well as the Department of Labor Rules and Regulations.Tax Rate Interval Group2021 Contribution Rate 11.5%21.7%31.9%42.1%52.4%62.6%72.8%83.0%93.4%103.8%114.2%124.6%135.0%145.4%(8) The Commissioner of Labor shall announce the appropriate tax schedule which meets the requirements of the preceding paragraphs. Each employer shall be notified of his individual rate of contribution for the calendar year according to such regulations as the Commissioner shall promulgate.(9) Such rates shall be final unless within fifteen (15) days after the notice was mailed to the employer's last known address, or delivered to him, the employer files an application for review and redetermination setting forth the reasons therefor. The Commissioner of Labor shall thereupon redetermine the contribution rate and notify the employer of the result and the reasons therefor. A redetermination shall be final unless within 30 days after the notice was mailed to the employer's last known address, or delivered to him, a petition for review is filed in the District Court of the Virgin Islands.(c) For the purposes of subsection (a) and paragraphs (1), (2), and (7) of subsection (b) of this section, wages shall not include that part of remuneration paid to an individual in a calendar year by an employer or his predecessor with respect to employment in insured work during any calendar year which is in excess of 60% of the average annual wage in insured work in such employment, rounded to the nearest one hundred dollars ($100); Provided, That, such amount shall not be less than the remuneration subject to a tax under a Federal Law imposing a tax against which credit may be taken for contributions required to be paid into a State Unemployment Fund. The average annual wage in insured work shall be determined by multiplying the average weekly wage in insured work, as determined in section 303(c) of this title, by fifty-two. This computation may be made no later than December 31 of each year and shall be effective for the following calendar year.
Rates of contribution (b) (1) Except as otherwise provided in this subsection, each employer shall pay contributions equal to five and four-tenths percent (5.4%) of wages paid by him during the calendar year with respect to employment, subject to the limit on wages set forth in subsection (c) of this section. Each employer, shall pay an amount of $25 per employee, per year to pay the accrued interest on the Virgin Islands Federal Trust Fund Loan.(2) Each employer newly subject to the provisions of this chapter shall pay contributions at the rate of two percent (2%) until such time as he has sufficient experience to qualify for a contribution rate in accordance with paragraph (3) of this subsection.(3) (A) In lieu of the five and four-tenths percent (5.4%) contribution rate set forth in paragraph (1) of this subsection, each employer subject to the provisions of this chapter for each of the four completed calendar quarters ending June 30 of any year, shall pay contributions at a rate determined by the employer’s payroll variation index. An employer’s payroll variation index shall be computed as follows:(i) For each quarter in the period ending June 30 (not to exceed 12 calendar quarters) for which the employer was subject to the provisions of this chapter, compute the change from the prior quarter in the total amount of wages paid (without reference to the limitation in subsection (c) of this section) for insured work as reported by such employer for such quarter. For any quarter for which the employer has not reported wages (including the quarter prior to the first quarter for which the employer was subject to the provisions of this chapter), the amount of wages used for this calculation shall be zero.(ii) Compute average quarterly wages by dividing the total wages paid in the quarters for which changes were calculated in paragraph (A) by the number of quarters.(iii) Compute a payroll change percentage for each quarter by dividing the change in wages by the average quarterly wages and multiplying by one hundred percent. Any negative percentage change exceeding negative four hundred percent shall be set at negative four hundred percent.(iv) Multiply each of the negative payroll change percentages by two.(v) Divide the sum of the resulting positive and negative percentages over the entire period by the number of quarters, and round the resulting payroll variation index to the nearest ten-thousandth of a percent.(B) This computation shall be made no later than December 31 of the year immediately preceding the calendar year for which it shall apply and shall be performed in accordance with regulations prescribed by the Commissioner.(4) (A) Before December 31 of each year, the fund solvency contribution rate applicable for the following calendar year shall be determined on the basis of the average high cost multiple. The average high cost multiple shall be computed as follows:(i) Compute the aggregate reserve ratio by dividing the net trust fund balance (cash balance minus outstanding loans) as of September 30 of the current year by total wages paid for insured work by contributory employers for the twelve-month period ending the prior December 31.(ii) Compute the benefit cost rate for each of the last twenty calendar years ending before September 30 by dividing benefits paid in each year by total wages for insured work for contributory employers in each year.(iii) Compute the average high cost rate by averaging the three highest annual benefit cost rates in the last twenty years.(iv) Compute the average high cost multiple by dividing the aggregate reserve ratio by the average high cost rate.(B) The fund solvency contribution rate for a calendar year shall be that rate which appears on the same line as the average high cost multiple (rounded to the nearest hundredth) in the fund solvency contribution rate schedule set forth below. FUND SOLVENCY CONTRIBUTION RATE SCHEDULE Average HighCost MultipleFund SolvencyContribution Rate1.21 or more-0.5 percent0.81 to 1.2000.61 to 0.80+0.5 percent0.41 to 0.60+1.0 percent0.21 to 0.40+1.5 percentLess than 0.21+2.0 percent(5) Before December 31 of each year, the base contribution rate shall be computed by averaging the twenty benefit cost rates computed in paragraph (4)(A)(ii), multiplying by the ratio of total wages in insured work to wages subject to contributions for the most recent calendar year, and rounding the result to the nearest hundredth of a percent.(6) The total contribution rate for experience-rated employers for the following calendar year shall be equal to the sum of the base contribution rate and the fund solvency contribution rate, except that for the calendar year beginning January 1, 2024, the total contribution rate shall be 2.5 percent.(7) (A) The amount of each experience-rated employer’s wages subject to contributions for the four consecutive quarters ending June 30 shall be determined as reported by such employer for such quarters. All eligible employers, along with their taxable wages, shall be listed in the order of their payroll variation indexes beginning with the largest positive payroll variation index and continuing through the largest negative payroll variation index. For each employer in the list, the cumulative taxable wages of the employer together with all employers who precede the employer on the list shall be calculated.(B) The employers shall be divided into tax rate interval groups according to cumulative taxable wages. The limits of the tax rate interval groups are those set out in column B of the table in subparagraph (C) below. Each of these groups shall be identified by the group number in column A on the same line as the numbers in column B which represent the cumulative percentage limits of each group. An employer shall be assigned to the group in which the greater part of the employer’s taxable wages falls. If one-half of the employer’s taxable wages fall in one group and one-half in another, the employer shall be assigned to the lower-numbered group. An employer may not be assigned to a higher-numbered group than the one to which any other employer with the same payroll variation index is assigned. The tax rates shall be established by the Commissioner of Labor and published annually.(C) An employer shall be assigned the tax rate factor in column C which is on the same line as the tax rate interval group to which that employer is assigned. The contribution rate for such employer shall be equal to the tax rate factor added to the total contribution rate determined in paragraph (6) of this subsection. The contribution rate in each interval group below group 14 shall be the lower of the calculated rate or the maximum tax rate in law, and it shall be the higher of the calculated rate and the minimum tax rate in law. Also, the contribution rate for an employer in class 14 shall be equal to five and four-tenths percent (5.4%). The maximum contribution rate for any employer shall be five and four-tenths percent (5.4%). The minimum rate for any employer for calendar years beginning on or after January 1, 2024, shall be four tenths percent (0.4%). The contribution rate for an employer shall be rounded to the nearest hundredth of a percent.COLUMN ACOLUMN BCOLUMN CTax RateInterval GroupCumulative Taxable WagesTax RateFactor at least(percent)but less than(percent) 102- 1.6225- 1.23510- 0.841030- 0.453070067090+ 0.479095+ 0.889597+ 1.299798+ 1.6109899+ 2.0119999.50+ 2.41299.5099.90+ 2.81399.9099.99+ 3.21499.99100+ 3.6(D) Corrections or modifications of an employer’s wages paid may be taken into account within three years after the June 30th computation date for the purpose of a reduction or increase in the employer’s contribution rate. When an adjustment is made in an employer’s wages paid or in an employer’s payroll variation index after rates have been assigned, the adjustment may not alter the contribution rate of any other employer. The employer for whom the adjustment in the payroll variation index is made shall be assigned to the tax rate interval group to which the employer with the nearest similar payroll variation index was assigned.(E) The following contribution rates will be in effect for the calendar year beginning January 1, 2024. The contribution rates for the following years shall be established by the Commissioner and published annually on the Virgin Islands Department of Labor website, the Employer’s handbook, as well as the Department of Labor Rules and Regulations.Tax Rate Interval Group2021 Contribution Rate 11.5%21.7%31.9%42.1%52.4%62.6%72.8%83.0%93.4%103.8%114.2%124.6%135.0%145.4%(8) The Commissioner of Labor shall announce the appropriate tax schedule which meets the requirements of the preceding paragraphs. Each employer shall be notified of his individual rate of contribution for the calendar year according to such regulations as the Commissioner shall promulgate.(9) Such rates shall be final unless within fifteen (15) days after the notice was mailed to the employer's last known address, or delivered to him, the employer files an application for review and redetermination setting forth the reasons therefor. The Commissioner of Labor shall thereupon redetermine the contribution rate and notify the employer of the result and the reasons therefor. A redetermination shall be final unless within 30 days after the notice was mailed to the employer's last known address, or delivered to him, a petition for review is filed in the District Court of the Virgin Islands.(c) For the purposes of subsection (a) and paragraphs (1), (2), and (7) of subsection (b) of this section, wages shall not include that part of remuneration paid to an individual in a calendar year by an employer or his predecessor with respect to employment in insured work during any calendar year which is in excess of 60% of the average annual wage in insured work in such employment, rounded to the nearest one hundred dollars ($100); Provided, That, such amount shall not be less than the remuneration subject to a tax under a Federal Law imposing a tax against which credit may be taken for contributions required to be paid into a State Unemployment Fund. The average annual wage in insured work shall be determined by multiplying the average weekly wage in insured work, as determined in section 303(c) of this title, by fifty-two. This computation may be made no later than December 31 of each year and shall be effective for the following calendar year.
(b) (1) Except as otherwise provided in this subsection, each employer shall pay contributions equal to five and four-tenths percent (5.4%) of wages paid by him during the calendar year with respect to employment, subject to the limit on wages set forth in subsection (c) of this section. Each employer, shall pay an amount of $25 per employee, per year to pay the accrued interest on the Virgin Islands Federal Trust Fund Loan.(2) Each employer newly subject to the provisions of this chapter shall pay contributions at the rate of two percent (2%) until such time as he has sufficient experience to qualify for a contribution rate in accordance with paragraph (3) of this subsection.(3) (A) In lieu of the five and four-tenths percent (5.4%) contribution rate set forth in paragraph (1) of this subsection, each employer subject to the provisions of this chapter for each of the four completed calendar quarters ending June 30 of any year, shall pay contributions at a rate determined by the employer’s payroll variation index. An employer’s payroll variation index shall be computed as follows:(i) For each quarter in the period ending June 30 (not to exceed 12 calendar quarters) for which the employer was subject to the provisions of this chapter, compute the change from the prior quarter in the total amount of wages paid (without reference to the limitation in subsection (c) of this section) for insured work as reported by such employer for such quarter. For any quarter for which the employer has not reported wages (including the quarter prior to the first quarter for which the employer was subject to the provisions of this chapter), the amount of wages used for this calculation shall be zero.(ii) Compute average quarterly wages by dividing the total wages paid in the quarters for which changes were calculated in paragraph (A) by the number of quarters.(iii) Compute a payroll change percentage for each quarter by dividing the change in wages by the average quarterly wages and multiplying by one hundred percent. Any negative percentage change exceeding negative four hundred percent shall be set at negative four hundred percent.(iv) Multiply each of the negative payroll change percentages by two.(v) Divide the sum of the resulting positive and negative percentages over the entire period by the number of quarters, and round the resulting payroll variation index to the nearest ten-thousandth of a percent.(B) This computation shall be made no later than December 31 of the year immediately preceding the calendar year for which it shall apply and shall be performed in accordance with regulations prescribed by the Commissioner.(4) (A) Before December 31 of each year, the fund solvency contribution rate applicable for the following calendar year shall be determined on the basis of the average high cost multiple. The average high cost multiple shall be computed as follows:(i) Compute the aggregate reserve ratio by dividing the net trust fund balance (cash balance minus outstanding loans) as of September 30 of the current year by total wages paid for insured work by contributory employers for the twelve-month period ending the prior December 31.(ii) Compute the benefit cost rate for each of the last twenty calendar years ending before September 30 by dividing benefits paid in each year by total wages for insured work for contributory employers in each year.(iii) Compute the average high cost rate by averaging the three highest annual benefit cost rates in the last twenty years.(iv) Compute the average high cost multiple by dividing the aggregate reserve ratio by the average high cost rate.(B) The fund solvency contribution rate for a calendar year shall be that rate which appears on the same line as the average high cost multiple (rounded to the nearest hundredth) in the fund solvency contribution rate schedule set forth below. FUND SOLVENCY CONTRIBUTION RATE SCHEDULE Average HighCost MultipleFund SolvencyContribution Rate1.21 or more-0.5 percent0.81 to 1.2000.61 to 0.80+0.5 percent0.41 to 0.60+1.0 percent0.21 to 0.40+1.5 percentLess than 0.21+2.0 percent(5) Before December 31 of each year, the base contribution rate shall be computed by averaging the twenty benefit cost rates computed in paragraph (4)(A)(ii), multiplying by the ratio of total wages in insured work to wages subject to contributions for the most recent calendar year, and rounding the result to the nearest hundredth of a percent.(6) The total contribution rate for experience-rated employers for the following calendar year shall be equal to the sum of the base contribution rate and the fund solvency contribution rate, except that for the calendar year beginning January 1, 2024, the total contribution rate shall be 2.5 percent.(7) (A) The amount of each experience-rated employer’s wages subject to contributions for the four consecutive quarters ending June 30 shall be determined as reported by such employer for such quarters. All eligible employers, along with their taxable wages, shall be listed in the order of their payroll variation indexes beginning with the largest positive payroll variation index and continuing through the largest negative payroll variation index. For each employer in the list, the cumulative taxable wages of the employer together with all employers who precede the employer on the list shall be calculated.(B) The employers shall be divided into tax rate interval groups according to cumulative taxable wages. The limits of the tax rate interval groups are those set out in column B of the table in subparagraph (C) below. Each of these groups shall be identified by the group number in column A on the same line as the numbers in column B which represent the cumulative percentage limits of each group. An employer shall be assigned to the group in which the greater part of the employer’s taxable wages falls. If one-half of the employer’s taxable wages fall in one group and one-half in another, the employer shall be assigned to the lower-numbered group. An employer may not be assigned to a higher-numbered group than the one to which any other employer with the same payroll variation index is assigned. The tax rates shall be established by the Commissioner of Labor and published annually.(C) An employer shall be assigned the tax rate factor in column C which is on the same line as the tax rate interval group to which that employer is assigned. The contribution rate for such employer shall be equal to the tax rate factor added to the total contribution rate determined in paragraph (6) of this subsection. The contribution rate in each interval group below group 14 shall be the lower of the calculated rate or the maximum tax rate in law, and it shall be the higher of the calculated rate and the minimum tax rate in law. Also, the contribution rate for an employer in class 14 shall be equal to five and four-tenths percent (5.4%). The maximum contribution rate for any employer shall be five and four-tenths percent (5.4%). The minimum rate for any employer for calendar years beginning on or after January 1, 2024, shall be four tenths percent (0.4%). The contribution rate for an employer shall be rounded to the nearest hundredth of a percent.COLUMN ACOLUMN BCOLUMN CTax RateInterval GroupCumulative Taxable WagesTax RateFactor at least(percent)but less than(percent) 102- 1.6225- 1.23510- 0.841030- 0.453070067090+ 0.479095+ 0.889597+ 1.299798+ 1.6109899+ 2.0119999.50+ 2.41299.5099.90+ 2.81399.9099.99+ 3.21499.99100+ 3.6(D) Corrections or modifications of an employer’s wages paid may be taken into account within three years after the June 30th computation date for the purpose of a reduction or increase in the employer’s contribution rate. When an adjustment is made in an employer’s wages paid or in an employer’s payroll variation index after rates have been assigned, the adjustment may not alter the contribution rate of any other employer. The employer for whom the adjustment in the payroll variation index is made shall be assigned to the tax rate interval group to which the employer with the nearest similar payroll variation index was assigned.(E) The following contribution rates will be in effect for the calendar year beginning January 1, 2024. The contribution rates for the following years shall be established by the Commissioner and published annually on the Virgin Islands Department of Labor website, the Employer’s handbook, as well as the Department of Labor Rules and Regulations.Tax Rate Interval Group2021 Contribution Rate 11.5%21.7%31.9%42.1%52.4%62.6%72.8%83.0%93.4%103.8%114.2%124.6%135.0%145.4%(8) The Commissioner of Labor shall announce the appropriate tax schedule which meets the requirements of the preceding paragraphs. Each employer shall be notified of his individual rate of contribution for the calendar year according to such regulations as the Commissioner shall promulgate.(9) Such rates shall be final unless within fifteen (15) days after the notice was mailed to the employer's last known address, or delivered to him, the employer files an application for review and redetermination setting forth the reasons therefor. The Commissioner of Labor shall thereupon redetermine the contribution rate and notify the employer of the result and the reasons therefor. A redetermination shall be final unless within 30 days after the notice was mailed to the employer's last known address, or delivered to him, a petition for review is filed in the District Court of the Virgin Islands.
(1) Except as otherwise provided in this subsection, each employer shall pay contributions equal to five and four-tenths percent (5.4%) of wages paid by him during the calendar year with respect to employment, subject to the limit on wages set forth in subsection (c) of this section. Each employer, shall pay an amount of $25 per employee, per year to pay the accrued interest on the Virgin Islands Federal Trust Fund Loan.
(2) Each employer newly subject to the provisions of this chapter shall pay contributions at the rate of two percent (2%) until such time as he has sufficient experience to qualify for a contribution rate in accordance with paragraph (3) of this subsection.
(3) (A) In lieu of the five and four-tenths percent (5.4%) contribution rate set forth in paragraph (1) of this subsection, each employer subject to the provisions of this chapter for each of the four completed calendar quarters ending June 30 of any year, shall pay contributions at a rate determined by the employer’s payroll variation index. An employer’s payroll variation index shall be computed as follows:(i) For each quarter in the period ending June 30 (not to exceed 12 calendar quarters) for which the employer was subject to the provisions of this chapter, compute the change from the prior quarter in the total amount of wages paid (without reference to the limitation in subsection (c) of this section) for insured work as reported by such employer for such quarter. For any quarter for which the employer has not reported wages (including the quarter prior to the first quarter for which the employer was subject to the provisions of this chapter), the amount of wages used for this calculation shall be zero.(ii) Compute average quarterly wages by dividing the total wages paid in the quarters for which changes were calculated in paragraph (A) by the number of quarters.(iii) Compute a payroll change percentage for each quarter by dividing the change in wages by the average quarterly wages and multiplying by one hundred percent. Any negative percentage change exceeding negative four hundred percent shall be set at negative four hundred percent.(iv) Multiply each of the negative payroll change percentages by two.(v) Divide the sum of the resulting positive and negative percentages over the entire period by the number of quarters, and round the resulting payroll variation index to the nearest ten-thousandth of a percent.(B) This computation shall be made no later than December 31 of the year immediately preceding the calendar year for which it shall apply and shall be performed in accordance with regulations prescribed by the Commissioner.
(A) In lieu of the five and four-tenths percent (5.4%) contribution rate set forth in paragraph (1) of this subsection, each employer subject to the provisions of this chapter for each of the four completed calendar quarters ending June 30 of any year, shall pay contributions at a rate determined by the employer’s payroll variation index. An employer’s payroll variation index shall be computed as follows:(i) For each quarter in the period ending June 30 (not to exceed 12 calendar quarters) for which the employer was subject to the provisions of this chapter, compute the change from the prior quarter in the total amount of wages paid (without reference to the limitation in subsection (c) of this section) for insured work as reported by such employer for such quarter. For any quarter for which the employer has not reported wages (including the quarter prior to the first quarter for which the employer was subject to the provisions of this chapter), the amount of wages used for this calculation shall be zero.(ii) Compute average quarterly wages by dividing the total wages paid in the quarters for which changes were calculated in paragraph (A) by the number of quarters.(iii) Compute a payroll change percentage for each quarter by dividing the change in wages by the average quarterly wages and multiplying by one hundred percent. Any negative percentage change exceeding negative four hundred percent shall be set at negative four hundred percent.(iv) Multiply each of the negative payroll change percentages by two.(v) Divide the sum of the resulting positive and negative percentages over the entire period by the number of quarters, and round the resulting payroll variation index to the nearest ten-thousandth of a percent.
(i) For each quarter in the period ending June 30 (not to exceed 12 calendar quarters) for which the employer was subject to the provisions of this chapter, compute the change from the prior quarter in the total amount of wages paid (without reference to the limitation in subsection (c) of this section) for insured work as reported by such employer for such quarter. For any quarter for which the employer has not reported wages (including the quarter prior to the first quarter for which the employer was subject to the provisions of this chapter), the amount of wages used for this calculation shall be zero.
(ii) Compute average quarterly wages by dividing the total wages paid in the quarters for which changes were calculated in paragraph (A) by the number of quarters.
(iii) Compute a payroll change percentage for each quarter by dividing the change in wages by the average quarterly wages and multiplying by one hundred percent. Any negative percentage change exceeding negative four hundred percent shall be set at negative four hundred percent.
(iv) Multiply each of the negative payroll change percentages by two.
(v) Divide the sum of the resulting positive and negative percentages over the entire period by the number of quarters, and round the resulting payroll variation index to the nearest ten-thousandth of a percent.
(B) This computation shall be made no later than December 31 of the year immediately preceding the calendar year for which it shall apply and shall be performed in accordance with regulations prescribed by the Commissioner.
(4) (A) Before December 31 of each year, the fund solvency contribution rate applicable for the following calendar year shall be determined on the basis of the average high cost multiple. The average high cost multiple shall be computed as follows:(i) Compute the aggregate reserve ratio by dividing the net trust fund balance (cash balance minus outstanding loans) as of September 30 of the current year by total wages paid for insured work by contributory employers for the twelve-month period ending the prior December 31.(ii) Compute the benefit cost rate for each of the last twenty calendar years ending before September 30 by dividing benefits paid in each year by total wages for insured work for contributory employers in each year.(iii) Compute the average high cost rate by averaging the three highest annual benefit cost rates in the last twenty years.(iv) Compute the average high cost multiple by dividing the aggregate reserve ratio by the average high cost rate.(B) The fund solvency contribution rate for a calendar year shall be that rate which appears on the same line as the average high cost multiple (rounded to the nearest hundredth) in the fund solvency contribution rate schedule set forth below. FUND SOLVENCY CONTRIBUTION RATE SCHEDULE Average HighCost MultipleFund SolvencyContribution Rate1.21 or more-0.5 percent0.81 to 1.2000.61 to 0.80+0.5 percent0.41 to 0.60+1.0 percent0.21 to 0.40+1.5 percentLess than 0.21+2.0 percent
(A) Before December 31 of each year, the fund solvency contribution rate applicable for the following calendar year shall be determined on the basis of the average high cost multiple. The average high cost multiple shall be computed as follows:(i) Compute the aggregate reserve ratio by dividing the net trust fund balance (cash balance minus outstanding loans) as of September 30 of the current year by total wages paid for insured work by contributory employers for the twelve-month period ending the prior December 31.(ii) Compute the benefit cost rate for each of the last twenty calendar years ending before September 30 by dividing benefits paid in each year by total wages for insured work for contributory employers in each year.(iii) Compute the average high cost rate by averaging the three highest annual benefit cost rates in the last twenty years.(iv) Compute the average high cost multiple by dividing the aggregate reserve ratio by the average high cost rate.
(i) Compute the aggregate reserve ratio by dividing the net trust fund balance (cash balance minus outstanding loans) as of September 30 of the current year by total wages paid for insured work by contributory employers for the twelve-month period ending the prior December 31.
(ii) Compute the benefit cost rate for each of the last twenty calendar years ending before September 30 by dividing benefits paid in each year by total wages for insured work for contributory employers in each year.
(iii) Compute the average high cost rate by averaging the three highest annual benefit cost rates in the last twenty years.
(iv) Compute the average high cost multiple by dividing the aggregate reserve ratio by the average high cost rate.
(B) The fund solvency contribution rate for a calendar year shall be that rate which appears on the same line as the average high cost multiple (rounded to the nearest hundredth) in the fund solvency contribution rate schedule set forth below. FUND SOLVENCY CONTRIBUTION RATE SCHEDULE Average HighCost MultipleFund SolvencyContribution Rate1.21 or more-0.5 percent0.81 to 1.2000.61 to 0.80+0.5 percent0.41 to 0.60+1.0 percent0.21 to 0.40+1.5 percentLess than 0.21+2.0 percent
Average HighCost MultipleFund SolvencyContribution Rate1.21 or more-0.5 percent0.81 to 1.2000.61 to 0.80+0.5 percent0.41 to 0.60+1.0 percent0.21 to 0.40+1.5 percentLess than 0.21+2.0 percent
(5) Before December 31 of each year, the base contribution rate shall be computed by averaging the twenty benefit cost rates computed in paragraph (4)(A)(ii), multiplying by the ratio of total wages in insured work to wages subject to contributions for the most recent calendar year, and rounding the result to the nearest hundredth of a percent.
(6) The total contribution rate for experience-rated employers for the following calendar year shall be equal to the sum of the base contribution rate and the fund solvency contribution rate, except that for the calendar year beginning January 1, 2024, the total contribution rate shall be 2.5 percent.
(7) (A) The amount of each experience-rated employer’s wages subject to contributions for the four consecutive quarters ending June 30 shall be determined as reported by such employer for such quarters. All eligible employers, along with their taxable wages, shall be listed in the order of their payroll variation indexes beginning with the largest positive payroll variation index and continuing through the largest negative payroll variation index. For each employer in the list, the cumulative taxable wages of the employer together with all employers who precede the employer on the list shall be calculated.(B) The employers shall be divided into tax rate interval groups according to cumulative taxable wages. The limits of the tax rate interval groups are those set out in column B of the table in subparagraph (C) below. Each of these groups shall be identified by the group number in column A on the same line as the numbers in column B which represent the cumulative percentage limits of each group. An employer shall be assigned to the group in which the greater part of the employer’s taxable wages falls. If one-half of the employer’s taxable wages fall in one group and one-half in another, the employer shall be assigned to the lower-numbered group. An employer may not be assigned to a higher-numbered group than the one to which any other employer with the same payroll variation index is assigned. The tax rates shall be established by the Commissioner of Labor and published annually.(C) An employer shall be assigned the tax rate factor in column C which is on the same line as the tax rate interval group to which that employer is assigned. The contribution rate for such employer shall be equal to the tax rate factor added to the total contribution rate determined in paragraph (6) of this subsection. The contribution rate in each interval group below group 14 shall be the lower of the calculated rate or the maximum tax rate in law, and it shall be the higher of the calculated rate and the minimum tax rate in law. Also, the contribution rate for an employer in class 14 shall be equal to five and four-tenths percent (5.4%). The maximum contribution rate for any employer shall be five and four-tenths percent (5.4%). The minimum rate for any employer for calendar years beginning on or after January 1, 2024, shall be four tenths percent (0.4%). The contribution rate for an employer shall be rounded to the nearest hundredth of a percent.COLUMN ACOLUMN BCOLUMN CTax RateInterval GroupCumulative Taxable WagesTax RateFactor at least(percent)but less than(percent) 102- 1.6225- 1.23510- 0.841030- 0.453070067090+ 0.479095+ 0.889597+ 1.299798+ 1.6109899+ 2.0119999.50+ 2.41299.5099.90+ 2.81399.9099.99+ 3.21499.99100+ 3.6(D) Corrections or modifications of an employer’s wages paid may be taken into account within three years after the June 30th computation date for the purpose of a reduction or increase in the employer’s contribution rate. When an adjustment is made in an employer’s wages paid or in an employer’s payroll variation index after rates have been assigned, the adjustment may not alter the contribution rate of any other employer. The employer for whom the adjustment in the payroll variation index is made shall be assigned to the tax rate interval group to which the employer with the nearest similar payroll variation index was assigned.(E) The following contribution rates will be in effect for the calendar year beginning January 1, 2024. The contribution rates for the following years shall be established by the Commissioner and published annually on the Virgin Islands Department of Labor website, the Employer’s handbook, as well as the Department of Labor Rules and Regulations.Tax Rate Interval Group2021 Contribution Rate 11.5%21.7%31.9%42.1%52.4%62.6%72.8%83.0%93.4%103.8%114.2%124.6%135.0%145.4%
(A) The amount of each experience-rated employer’s wages subject to contributions for the four consecutive quarters ending June 30 shall be determined as reported by such employer for such quarters. All eligible employers, along with their taxable wages, shall be listed in the order of their payroll variation indexes beginning with the largest positive payroll variation index and continuing through the largest negative payroll variation index. For each employer in the list, the cumulative taxable wages of the employer together with all employers who precede the employer on the list shall be calculated.
(B) The employers shall be divided into tax rate interval groups according to cumulative taxable wages. The limits of the tax rate interval groups are those set out in column B of the table in subparagraph (C) below. Each of these groups shall be identified by the group number in column A on the same line as the numbers in column B which represent the cumulative percentage limits of each group. An employer shall be assigned to the group in which the greater part of the employer’s taxable wages falls. If one-half of the employer’s taxable wages fall in one group and one-half in another, the employer shall be assigned to the lower-numbered group. An employer may not be assigned to a higher-numbered group than the one to which any other employer with the same payroll variation index is assigned. The tax rates shall be established by the Commissioner of Labor and published annually.
(C) An employer shall be assigned the tax rate factor in column C which is on the same line as the tax rate interval group to which that employer is assigned. The contribution rate for such employer shall be equal to the tax rate factor added to the total contribution rate determined in paragraph (6) of this subsection. The contribution rate in each interval group below group 14 shall be the lower of the calculated rate or the maximum tax rate in law, and it shall be the higher of the calculated rate and the minimum tax rate in law. Also, the contribution rate for an employer in class 14 shall be equal to five and four-tenths percent (5.4%). The maximum contribution rate for any employer shall be five and four-tenths percent (5.4%). The minimum rate for any employer for calendar years beginning on or after January 1, 2024, shall be four tenths percent (0.4%). The contribution rate for an employer shall be rounded to the nearest hundredth of a percent.COLUMN ACOLUMN BCOLUMN CTax RateInterval GroupCumulative Taxable WagesTax RateFactor at least(percent)but less than(percent) 102- 1.6225- 1.23510- 0.841030- 0.453070067090+ 0.479095+ 0.889597+ 1.299798+ 1.6109899+ 2.0119999.50+ 2.41299.5099.90+ 2.81399.9099.99+ 3.21499.99100+ 3.6
COLUMN ACOLUMN BCOLUMN CTax RateInterval GroupCumulative Taxable WagesTax RateFactor at least(percent)but less than(percent) 102- 1.6225- 1.23510- 0.841030- 0.453070067090+ 0.479095+ 0.889597+ 1.299798+ 1.6109899+ 2.0119999.50+ 2.41299.5099.90+ 2.81399.9099.99+ 3.21499.99100+ 3.6
(D) Corrections or modifications of an employer’s wages paid may be taken into account within three years after the June 30th computation date for the purpose of a reduction or increase in the employer’s contribution rate. When an adjustment is made in an employer’s wages paid or in an employer’s payroll variation index after rates have been assigned, the adjustment may not alter the contribution rate of any other employer. The employer for whom the adjustment in the payroll variation index is made shall be assigned to the tax rate interval group to which the employer with the nearest similar payroll variation index was assigned.
(E) The following contribution rates will be in effect for the calendar year beginning January 1, 2024. The contribution rates for the following years shall be established by the Commissioner and published annually on the Virgin Islands Department of Labor website, the Employer’s handbook, as well as the Department of Labor Rules and Regulations.Tax Rate Interval Group2021 Contribution Rate 11.5%21.7%31.9%42.1%52.4%62.6%72.8%83.0%93.4%103.8%114.2%124.6%135.0%145.4%
Tax Rate Interval Group2021 Contribution Rate 11.5%21.7%31.9%42.1%52.4%62.6%72.8%83.0%93.4%103.8%114.2%124.6%135.0%145.4%
(8) The Commissioner of Labor shall announce the appropriate tax schedule which meets the requirements of the preceding paragraphs. Each employer shall be notified of his individual rate of contribution for the calendar year according to such regulations as the Commissioner shall promulgate.
(9) Such rates shall be final unless within fifteen (15) days after the notice was mailed to the employer's last known address, or delivered to him, the employer files an application for review and redetermination setting forth the reasons therefor. The Commissioner of Labor shall thereupon redetermine the contribution rate and notify the employer of the result and the reasons therefor. A redetermination shall be final unless within 30 days after the notice was mailed to the employer's last known address, or delivered to him, a petition for review is filed in the District Court of the Virgin Islands.
(c) For the purposes of subsection (a) and paragraphs (1), (2), and (7) of subsection (b) of this section, wages shall not include that part of remuneration paid to an individual in a calendar year by an employer or his predecessor with respect to employment in insured work during any calendar year which is in excess of 60% of the average annual wage in insured work in such employment, rounded to the nearest one hundred dollars ($100); Provided, That, such amount shall not be less than the remuneration subject to a tax under a Federal Law imposing a tax against which credit may be taken for contributions required to be paid into a State Unemployment Fund. The average annual wage in insured work shall be determined by multiplying the average weekly wage in insured work, as determined in section 303(c) of this title, by fifty-two. This computation may be made no later than December 31 of each year and shall be effective for the following calendar year.
Financing benefits paid to employees of the Virgin Islands Financing benefits paid to employees of the Virgin Islands (d) (1) In lieu of contributions required of employers under this chapter, the Government of the Virgin Islands shall pay into the Unemployment Fund an amount equal to the full amount of regular benefits and 50 percent of the extended benefits paid based on service in its employ; Provided that for weeks of unemployment beginning on and after January 1, 1979, the Government of the Virgin Islands shall pay into the Unemployment Fund 100 percent of the amount of all benefits paid based on service in its employ. If benefits paid to an individual are based on service in the employ of both the Government of the Virgin Islands and one or more other employers, the amount payable by the Government of the Virgin Islands to the Unemployment Fund shall be calculated as provided in section 308(e)(4) of this title.(2) The amount of the payments required under this subsection from the Government of the Virgin Islands or from any entity thereof shall be determined by the Commissioner of Labor quarterly. Such amounts shall be paid into the Unemployment Fund by the Government of the Virgin Islands or by any liable entity thereof at such times and in such manner as the Commissioner may prescribe. The Government of the Virgin Islands and any liable entity thereof shall be individually liable for making the required payments to the Unemployment Fund.(3) Governmental entities which are separate and distinct instrumentalities of the Government of the Virgin Islands shall have the option of financing benefit costs either by contributions under the provisions of subsection (a) of this section or by payments in lieu of contributions as provided for nonprofit organizations in subsection (e) of this section. Each such instrumentality electing payments in lieu of contributions shall for all weeks of unemployment pay an amount equal to the full amount of regular and extended benefits attributable to service in its employ. The amount of the payments in lieu of contributions shall be calculated as provided in section 308(e)(4). The provisions in section 308(e)(3) of this title with respect to bonds or deposits shall not apply.
Financing benefits paid to employees of the Virgin Islands (d) (1) In lieu of contributions required of employers under this chapter, the Government of the Virgin Islands shall pay into the Unemployment Fund an amount equal to the full amount of regular benefits and 50 percent of the extended benefits paid based on service in its employ; Provided that for weeks of unemployment beginning on and after January 1, 1979, the Government of the Virgin Islands shall pay into the Unemployment Fund 100 percent of the amount of all benefits paid based on service in its employ. If benefits paid to an individual are based on service in the employ of both the Government of the Virgin Islands and one or more other employers, the amount payable by the Government of the Virgin Islands to the Unemployment Fund shall be calculated as provided in section 308(e)(4) of this title.(2) The amount of the payments required under this subsection from the Government of the Virgin Islands or from any entity thereof shall be determined by the Commissioner of Labor quarterly. Such amounts shall be paid into the Unemployment Fund by the Government of the Virgin Islands or by any liable entity thereof at such times and in such manner as the Commissioner may prescribe. The Government of the Virgin Islands and any liable entity thereof shall be individually liable for making the required payments to the Unemployment Fund.(3) Governmental entities which are separate and distinct instrumentalities of the Government of the Virgin Islands shall have the option of financing benefit costs either by contributions under the provisions of subsection (a) of this section or by payments in lieu of contributions as provided for nonprofit organizations in subsection (e) of this section. Each such instrumentality electing payments in lieu of contributions shall for all weeks of unemployment pay an amount equal to the full amount of regular and extended benefits attributable to service in its employ. The amount of the payments in lieu of contributions shall be calculated as provided in section 308(e)(4). The provisions in section 308(e)(3) of this title with respect to bonds or deposits shall not apply.
(d) (1) In lieu of contributions required of employers under this chapter, the Government of the Virgin Islands shall pay into the Unemployment Fund an amount equal to the full amount of regular benefits and 50 percent of the extended benefits paid based on service in its employ; Provided that for weeks of unemployment beginning on and after January 1, 1979, the Government of the Virgin Islands shall pay into the Unemployment Fund 100 percent of the amount of all benefits paid based on service in its employ. If benefits paid to an individual are based on service in the employ of both the Government of the Virgin Islands and one or more other employers, the amount payable by the Government of the Virgin Islands to the Unemployment Fund shall be calculated as provided in section 308(e)(4) of this title.(2) The amount of the payments required under this subsection from the Government of the Virgin Islands or from any entity thereof shall be determined by the Commissioner of Labor quarterly. Such amounts shall be paid into the Unemployment Fund by the Government of the Virgin Islands or by any liable entity thereof at such times and in such manner as the Commissioner may prescribe. The Government of the Virgin Islands and any liable entity thereof shall be individually liable for making the required payments to the Unemployment Fund.(3) Governmental entities which are separate and distinct instrumentalities of the Government of the Virgin Islands shall have the option of financing benefit costs either by contributions under the provisions of subsection (a) of this section or by payments in lieu of contributions as provided for nonprofit organizations in subsection (e) of this section. Each such instrumentality electing payments in lieu of contributions shall for all weeks of unemployment pay an amount equal to the full amount of regular and extended benefits attributable to service in its employ. The amount of the payments in lieu of contributions shall be calculated as provided in section 308(e)(4). The provisions in section 308(e)(3) of this title with respect to bonds or deposits shall not apply.
(1) In lieu of contributions required of employers under this chapter, the Government of the Virgin Islands shall pay into the Unemployment Fund an amount equal to the full amount of regular benefits and 50 percent of the extended benefits paid based on service in its employ; Provided that for weeks of unemployment beginning on and after January 1, 1979, the Government of the Virgin Islands shall pay into the Unemployment Fund 100 percent of the amount of all benefits paid based on service in its employ. If benefits paid to an individual are based on service in the employ of both the Government of the Virgin Islands and one or more other employers, the amount payable by the Government of the Virgin Islands to the Unemployment Fund shall be calculated as provided in section 308(e)(4) of this title.
(2) The amount of the payments required under this subsection from the Government of the Virgin Islands or from any entity thereof shall be determined by the Commissioner of Labor quarterly. Such amounts shall be paid into the Unemployment Fund by the Government of the Virgin Islands or by any liable entity thereof at such times and in such manner as the Commissioner may prescribe. The Government of the Virgin Islands and any liable entity thereof shall be individually liable for making the required payments to the Unemployment Fund.
(3) Governmental entities which are separate and distinct instrumentalities of the Government of the Virgin Islands shall have the option of financing benefit costs either by contributions under the provisions of subsection (a) of this section or by payments in lieu of contributions as provided for nonprofit organizations in subsection (e) of this section. Each such instrumentality electing payments in lieu of contributions shall for all weeks of unemployment pay an amount equal to the full amount of regular and extended benefits attributable to service in its employ. The amount of the payments in lieu of contributions shall be calculated as provided in section 308(e)(4). The provisions in section 308(e)(3) of this title with respect to bonds or deposits shall not apply.
[Benefits paid to nonprofit organizations] [Benefits paid to nonprofit organizations] (e) Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this subsection. For the purpose of this subsection, a nonprofit organization is an organization (or group of organizations) described in section 501(c)(3) of the Federal Internal Revenue Code which is exempt from income tax under section 501(a) of such Code.(1) Any nonprofit organization which, pursuant to section 302(k)(1)(C) of this title is, or becomes, subject to this chapter on or after January 1, 1978 shall pay contributions under the provisions of subsection (a), unless it elects, in accordance with this paragraph, to pay to the Commissioner of Finance for the Unemployment Fund an amount equal to the amount of regular benefits and of one-half of the extended benefits paid, that is attributable under this chapter to service in the employ of such nonprofit organization, to individuals for weeks of unemployment which begin during the effective period of such election.(A) Any nonprofit organization which is, or becomes, subject to this chapter on January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than one taxable year beginning with January 1, 1978, provided it files with the Commissioner of Labor a written notice of its election within the 30-day period immediately following such date or within a like period immediately following the date of enactment of this paragraph, whichever occurs later.(B) Any nonprofit organization which becomes subject to this chapter after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than 12 months beginning with the date on which such subjectivity begins by filing a written notice of its election with the Commissioner of Labor not later than 30 days immediately following the date of the determination of such subjectivity.(C) Any nonprofit organization which makes an election in accordance with subparagraph (A) or subparagraph (B) of this paragraph will continue to be liable for payments in lieu of contributions until it files with the Commissioner of Labor a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination shall first be effective.(D) Any nonprofit organization which has been paying contributions under this chapter for a period subsequent to January 1, 1978, may elect to become liable for payments in lieu of contributions by filing with the Commissioner of Labor not later than 30 days prior to the beginning of any taxable year a written notice of election to become liable for payment in lieu of contributions. Such election shall not be terminable by the organization for that and the next taxable year.(E) The Commissioner of Labor may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid for weeks of unemployment beginning on or after January 1 of the year in which the election is made.(F) The Commissioner of Labor shall notify each nonprofit organization of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determinations shall be subject to reconsideration, appeal and review in accordance with the provisions of section 307 of this title.(2) (A) At the end of each calendar quarter, or at the end of any shorter period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed period that is attributable under this chapter to service in the employ of such organization.(B) (i) Each nonprofit organization that has elected payments in lieu of contributions may request permission to make such payments as provided in this subparagraph. Such method of payment shall become effective upon approval by the Commissioner of Labor.(ii) At the end of each calendar quarter, or at the end of such other period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization for an amount representing one of the following:(I) For 1978, .675 percent of its total payroll for 1977 which was taxable under this chapter.(II) For years after 1978, such percentage of its total taxable payroll for the immediately preceding calendar year as reflects the average benefit costs chargeable to such organization for such year.(III) For each succeeding taxable year, the Commissioner of Labor shall modify the quarterly percentage of payroll payable by the nonprofit organization in order to minimize excess or insufficient payments.(iii) At the end of each taxable year, the Commissioner of Labor shall determine whether the total of payments for such year made by a nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such taxable year based on wages attributable to service in the employ of such organization. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the Unemployment Fund in accordance with subparagraph (C). If the total payments exceed the amount so determined for the taxable year, the excess shall be credited against the payments which may be required for the next taxable year.(C) Payment of any bill rendered under subparagraph (A) or subparagraph (B) shall be made not later than 30 days after such bill was mailed to the last known address of the nonprofit organization or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with subparagraph (E).(D) Payments made by any nonprofit organization under the provisions of this subsection shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.(E) The amount due specified in any bill from the Commissioner of Labor shall be conclusive on the organization unless, not later than 15 days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the Commissioner of Labor or an appeal to a hearing examiner, setting forth the grounds for such application or appeal. The Commissioner of Labor shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive on the organization unless, not later than 15 days after the determination was mailed to its last known address or otherwise delivered to it, the organization files an appeal to a hearing examiner, setting forth the grounds for the appeal. Proceedings on appeal to the hearing examiner from the amount of a bill rendered under this subsection or a redetermination of such amount shall be in accordance with the provisions of section 309(f) of this title, and the decision of the hearing examiner shall be subject to the provisions of section 309(g) of this title.(F) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to section 309, apply to past due contributions.(3) In accordance with regulations of the Commissioner of Labor, any nonprofit organization that elects to become liable for payments in lieu of contributions shall be required within 30 days after the effective date of its election, to execute and file with the Commissioner of Finance a surety bond approved by the Commissioner of Labor, or it may elect instead to deposit with the Commissioner money or securities. The amount of such bond or deposit shall be determined in accordance with the provisions of this paragraph.(A) The amount of the bond or deposit required by this paragraph shall be equal to 1.35 percent of the organization's taxable wages as defined in section 308(c) of this title for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a bond, or the biennial anniversary of the effective date of election in the case of a deposit of money or securities, whichever date shall be most recent and applicable.(B) Any bond deposited under this paragraph shall be in force for a period of not less than two taxable years and shall be renewed with the approval of the Commissioner of Labor at such times as the Commissioner of Labor may by regulation prescribe, but not less frequently than at two year intervals as long as the organization continues to be liable for payments in lieu of contributions. If the bond is to be increased, the adjusted bond shall be filed by the organization within 30 days of the date notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in paragraph (2)(F) of this subsection, shall render the surety liable on said bond to the extent of the bond, as though the surety was such organization.(C) Any deposit of money or securities in accordance with this paragraph shall be retained by the Commissioner in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as hereinafter provided. The Commissioner of Labor may deduct from the money deposited under this paragraph by a nonprofit organization or sell the securities it has so deposited to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in paragraph (2)(F) of this subsection. The Commissioner of Labor shall require the organization within 30 days following any deduction from a money deposit or sale of deposited securities under the provisions of this subparagraph to deposit sufficient additional money or securities to make whole the organization's deposit at the prior level. Any cash remaining from the sale of such securities shall be a part of the organization's escrow account. If a deposit is to be adjusted, the additional deposit shall be made within 30 days of the date notice of the adjustment was mailed or otherwise delivered to the organization, or the Commissioner of Finance shall return to the organization such portion of the deposit as the Commissioner of Labor no longer considers necessary, whichever action is appropriate. Disposition of income from securities held in escrow shall be governed by the applicable law of the Virgin Islands.(D) If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount or to increase or make whole the amount of a previously made deposit, as provided under this paragraph, the Commissioner of Labor may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than the four consecutive calendar quarter period beginning with the quarter in which such termination becomes effective; Provided, That the Commissioner of Labor may extend for good cause the applicable filing, deposit or adjustment period by not more than 30 days.(4) Each employer that is liable for payments in lieu of contributions shall pay to the Unemployment Fund the amount of regular benefits plus the amount of one-half of extended benefits paid that are attributable under this chapter to service in the employ of such employer. If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the Unemployment Fund by each employer that is liable for such payments shall be determined in accordance with the provisions of subparagraph (A) or subparagraph (B).(A) If benefits paid to an individual are based on wages paid by one or more employers that are liable for payments in lieu of contributions and on wages paid by one or more employers who are liable for contributions, the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers.(B) If benefits paid to an individual are based on wages paid by two or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employers.(5) Two or more employers that have become liable for payments in lieu of contributions, in accordance with the provisions of subsection (e)(1), may file a joint application to the Commissioner of Labor for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group representative to act as the group's agent for the purpose of this paragraph. Upon his approval of the application, the Commissioner of Labor shall establish a group account for such employers effective as of the beginning of the calendar quarter in which he receives the application and shall notify the group's representative of the effective date of the account. Such account shall remain in effect for not less than two years and thereafter until terminated upon application by the group or terminated earlier for cause by the Commissioner of Labor. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group. The Commissioner of Labor shall prescribe regulations with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this paragraph, for addition of new members to, and withdrawal of active members from, such accounts, and for the determination of the amounts that are payable under this paragraph by the group and members of the group and the time and manner of such payments.
[Benefits paid to nonprofit organizations] (e) Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this subsection. For the purpose of this subsection, a nonprofit organization is an organization (or group of organizations) described in section 501(c)(3) of the Federal Internal Revenue Code which is exempt from income tax under section 501(a) of such Code.(1) Any nonprofit organization which, pursuant to section 302(k)(1)(C) of this title is, or becomes, subject to this chapter on or after January 1, 1978 shall pay contributions under the provisions of subsection (a), unless it elects, in accordance with this paragraph, to pay to the Commissioner of Finance for the Unemployment Fund an amount equal to the amount of regular benefits and of one-half of the extended benefits paid, that is attributable under this chapter to service in the employ of such nonprofit organization, to individuals for weeks of unemployment which begin during the effective period of such election.(A) Any nonprofit organization which is, or becomes, subject to this chapter on January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than one taxable year beginning with January 1, 1978, provided it files with the Commissioner of Labor a written notice of its election within the 30-day period immediately following such date or within a like period immediately following the date of enactment of this paragraph, whichever occurs later.(B) Any nonprofit organization which becomes subject to this chapter after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than 12 months beginning with the date on which such subjectivity begins by filing a written notice of its election with the Commissioner of Labor not later than 30 days immediately following the date of the determination of such subjectivity.(C) Any nonprofit organization which makes an election in accordance with subparagraph (A) or subparagraph (B) of this paragraph will continue to be liable for payments in lieu of contributions until it files with the Commissioner of Labor a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination shall first be effective.(D) Any nonprofit organization which has been paying contributions under this chapter for a period subsequent to January 1, 1978, may elect to become liable for payments in lieu of contributions by filing with the Commissioner of Labor not later than 30 days prior to the beginning of any taxable year a written notice of election to become liable for payment in lieu of contributions. Such election shall not be terminable by the organization for that and the next taxable year.(E) The Commissioner of Labor may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid for weeks of unemployment beginning on or after January 1 of the year in which the election is made.(F) The Commissioner of Labor shall notify each nonprofit organization of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determinations shall be subject to reconsideration, appeal and review in accordance with the provisions of section 307 of this title.(2) (A) At the end of each calendar quarter, or at the end of any shorter period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed period that is attributable under this chapter to service in the employ of such organization.(B) (i) Each nonprofit organization that has elected payments in lieu of contributions may request permission to make such payments as provided in this subparagraph. Such method of payment shall become effective upon approval by the Commissioner of Labor.(ii) At the end of each calendar quarter, or at the end of such other period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization for an amount representing one of the following:(I) For 1978, .675 percent of its total payroll for 1977 which was taxable under this chapter.(II) For years after 1978, such percentage of its total taxable payroll for the immediately preceding calendar year as reflects the average benefit costs chargeable to such organization for such year.(III) For each succeeding taxable year, the Commissioner of Labor shall modify the quarterly percentage of payroll payable by the nonprofit organization in order to minimize excess or insufficient payments.(iii) At the end of each taxable year, the Commissioner of Labor shall determine whether the total of payments for such year made by a nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such taxable year based on wages attributable to service in the employ of such organization. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the Unemployment Fund in accordance with subparagraph (C). If the total payments exceed the amount so determined for the taxable year, the excess shall be credited against the payments which may be required for the next taxable year.(C) Payment of any bill rendered under subparagraph (A) or subparagraph (B) shall be made not later than 30 days after such bill was mailed to the last known address of the nonprofit organization or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with subparagraph (E).(D) Payments made by any nonprofit organization under the provisions of this subsection shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.(E) The amount due specified in any bill from the Commissioner of Labor shall be conclusive on the organization unless, not later than 15 days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the Commissioner of Labor or an appeal to a hearing examiner, setting forth the grounds for such application or appeal. The Commissioner of Labor shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive on the organization unless, not later than 15 days after the determination was mailed to its last known address or otherwise delivered to it, the organization files an appeal to a hearing examiner, setting forth the grounds for the appeal. Proceedings on appeal to the hearing examiner from the amount of a bill rendered under this subsection or a redetermination of such amount shall be in accordance with the provisions of section 309(f) of this title, and the decision of the hearing examiner shall be subject to the provisions of section 309(g) of this title.(F) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to section 309, apply to past due contributions.(3) In accordance with regulations of the Commissioner of Labor, any nonprofit organization that elects to become liable for payments in lieu of contributions shall be required within 30 days after the effective date of its election, to execute and file with the Commissioner of Finance a surety bond approved by the Commissioner of Labor, or it may elect instead to deposit with the Commissioner money or securities. The amount of such bond or deposit shall be determined in accordance with the provisions of this paragraph.(A) The amount of the bond or deposit required by this paragraph shall be equal to 1.35 percent of the organization's taxable wages as defined in section 308(c) of this title for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a bond, or the biennial anniversary of the effective date of election in the case of a deposit of money or securities, whichever date shall be most recent and applicable.(B) Any bond deposited under this paragraph shall be in force for a period of not less than two taxable years and shall be renewed with the approval of the Commissioner of Labor at such times as the Commissioner of Labor may by regulation prescribe, but not less frequently than at two year intervals as long as the organization continues to be liable for payments in lieu of contributions. If the bond is to be increased, the adjusted bond shall be filed by the organization within 30 days of the date notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in paragraph (2)(F) of this subsection, shall render the surety liable on said bond to the extent of the bond, as though the surety was such organization.(C) Any deposit of money or securities in accordance with this paragraph shall be retained by the Commissioner in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as hereinafter provided. The Commissioner of Labor may deduct from the money deposited under this paragraph by a nonprofit organization or sell the securities it has so deposited to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in paragraph (2)(F) of this subsection. The Commissioner of Labor shall require the organization within 30 days following any deduction from a money deposit or sale of deposited securities under the provisions of this subparagraph to deposit sufficient additional money or securities to make whole the organization's deposit at the prior level. Any cash remaining from the sale of such securities shall be a part of the organization's escrow account. If a deposit is to be adjusted, the additional deposit shall be made within 30 days of the date notice of the adjustment was mailed or otherwise delivered to the organization, or the Commissioner of Finance shall return to the organization such portion of the deposit as the Commissioner of Labor no longer considers necessary, whichever action is appropriate. Disposition of income from securities held in escrow shall be governed by the applicable law of the Virgin Islands.(D) If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount or to increase or make whole the amount of a previously made deposit, as provided under this paragraph, the Commissioner of Labor may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than the four consecutive calendar quarter period beginning with the quarter in which such termination becomes effective; Provided, That the Commissioner of Labor may extend for good cause the applicable filing, deposit or adjustment period by not more than 30 days.(4) Each employer that is liable for payments in lieu of contributions shall pay to the Unemployment Fund the amount of regular benefits plus the amount of one-half of extended benefits paid that are attributable under this chapter to service in the employ of such employer. If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the Unemployment Fund by each employer that is liable for such payments shall be determined in accordance with the provisions of subparagraph (A) or subparagraph (B).(A) If benefits paid to an individual are based on wages paid by one or more employers that are liable for payments in lieu of contributions and on wages paid by one or more employers who are liable for contributions, the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers.(B) If benefits paid to an individual are based on wages paid by two or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employers.(5) Two or more employers that have become liable for payments in lieu of contributions, in accordance with the provisions of subsection (e)(1), may file a joint application to the Commissioner of Labor for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group representative to act as the group's agent for the purpose of this paragraph. Upon his approval of the application, the Commissioner of Labor shall establish a group account for such employers effective as of the beginning of the calendar quarter in which he receives the application and shall notify the group's representative of the effective date of the account. Such account shall remain in effect for not less than two years and thereafter until terminated upon application by the group or terminated earlier for cause by the Commissioner of Labor. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group. The Commissioner of Labor shall prescribe regulations with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this paragraph, for addition of new members to, and withdrawal of active members from, such accounts, and for the determination of the amounts that are payable under this paragraph by the group and members of the group and the time and manner of such payments.
(e) Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this subsection. For the purpose of this subsection, a nonprofit organization is an organization (or group of organizations) described in section 501(c)(3) of the Federal Internal Revenue Code which is exempt from income tax under section 501(a) of such Code.(1) Any nonprofit organization which, pursuant to section 302(k)(1)(C) of this title is, or becomes, subject to this chapter on or after January 1, 1978 shall pay contributions under the provisions of subsection (a), unless it elects, in accordance with this paragraph, to pay to the Commissioner of Finance for the Unemployment Fund an amount equal to the amount of regular benefits and of one-half of the extended benefits paid, that is attributable under this chapter to service in the employ of such nonprofit organization, to individuals for weeks of unemployment which begin during the effective period of such election.(A) Any nonprofit organization which is, or becomes, subject to this chapter on January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than one taxable year beginning with January 1, 1978, provided it files with the Commissioner of Labor a written notice of its election within the 30-day period immediately following such date or within a like period immediately following the date of enactment of this paragraph, whichever occurs later.(B) Any nonprofit organization which becomes subject to this chapter after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than 12 months beginning with the date on which such subjectivity begins by filing a written notice of its election with the Commissioner of Labor not later than 30 days immediately following the date of the determination of such subjectivity.(C) Any nonprofit organization which makes an election in accordance with subparagraph (A) or subparagraph (B) of this paragraph will continue to be liable for payments in lieu of contributions until it files with the Commissioner of Labor a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination shall first be effective.(D) Any nonprofit organization which has been paying contributions under this chapter for a period subsequent to January 1, 1978, may elect to become liable for payments in lieu of contributions by filing with the Commissioner of Labor not later than 30 days prior to the beginning of any taxable year a written notice of election to become liable for payment in lieu of contributions. Such election shall not be terminable by the organization for that and the next taxable year.(E) The Commissioner of Labor may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid for weeks of unemployment beginning on or after January 1 of the year in which the election is made.(F) The Commissioner of Labor shall notify each nonprofit organization of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determinations shall be subject to reconsideration, appeal and review in accordance with the provisions of section 307 of this title.(2) (A) At the end of each calendar quarter, or at the end of any shorter period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed period that is attributable under this chapter to service in the employ of such organization.(B) (i) Each nonprofit organization that has elected payments in lieu of contributions may request permission to make such payments as provided in this subparagraph. Such method of payment shall become effective upon approval by the Commissioner of Labor.(ii) At the end of each calendar quarter, or at the end of such other period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization for an amount representing one of the following:(I) For 1978, .675 percent of its total payroll for 1977 which was taxable under this chapter.(II) For years after 1978, such percentage of its total taxable payroll for the immediately preceding calendar year as reflects the average benefit costs chargeable to such organization for such year.(III) For each succeeding taxable year, the Commissioner of Labor shall modify the quarterly percentage of payroll payable by the nonprofit organization in order to minimize excess or insufficient payments.(iii) At the end of each taxable year, the Commissioner of Labor shall determine whether the total of payments for such year made by a nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such taxable year based on wages attributable to service in the employ of such organization. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the Unemployment Fund in accordance with subparagraph (C). If the total payments exceed the amount so determined for the taxable year, the excess shall be credited against the payments which may be required for the next taxable year.(C) Payment of any bill rendered under subparagraph (A) or subparagraph (B) shall be made not later than 30 days after such bill was mailed to the last known address of the nonprofit organization or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with subparagraph (E).(D) Payments made by any nonprofit organization under the provisions of this subsection shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.(E) The amount due specified in any bill from the Commissioner of Labor shall be conclusive on the organization unless, not later than 15 days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the Commissioner of Labor or an appeal to a hearing examiner, setting forth the grounds for such application or appeal. The Commissioner of Labor shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive on the organization unless, not later than 15 days after the determination was mailed to its last known address or otherwise delivered to it, the organization files an appeal to a hearing examiner, setting forth the grounds for the appeal. Proceedings on appeal to the hearing examiner from the amount of a bill rendered under this subsection or a redetermination of such amount shall be in accordance with the provisions of section 309(f) of this title, and the decision of the hearing examiner shall be subject to the provisions of section 309(g) of this title.(F) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to section 309, apply to past due contributions.(3) In accordance with regulations of the Commissioner of Labor, any nonprofit organization that elects to become liable for payments in lieu of contributions shall be required within 30 days after the effective date of its election, to execute and file with the Commissioner of Finance a surety bond approved by the Commissioner of Labor, or it may elect instead to deposit with the Commissioner money or securities. The amount of such bond or deposit shall be determined in accordance with the provisions of this paragraph.(A) The amount of the bond or deposit required by this paragraph shall be equal to 1.35 percent of the organization's taxable wages as defined in section 308(c) of this title for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a bond, or the biennial anniversary of the effective date of election in the case of a deposit of money or securities, whichever date shall be most recent and applicable.(B) Any bond deposited under this paragraph shall be in force for a period of not less than two taxable years and shall be renewed with the approval of the Commissioner of Labor at such times as the Commissioner of Labor may by regulation prescribe, but not less frequently than at two year intervals as long as the organization continues to be liable for payments in lieu of contributions. If the bond is to be increased, the adjusted bond shall be filed by the organization within 30 days of the date notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in paragraph (2)(F) of this subsection, shall render the surety liable on said bond to the extent of the bond, as though the surety was such organization.(C) Any deposit of money or securities in accordance with this paragraph shall be retained by the Commissioner in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as hereinafter provided. The Commissioner of Labor may deduct from the money deposited under this paragraph by a nonprofit organization or sell the securities it has so deposited to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in paragraph (2)(F) of this subsection. The Commissioner of Labor shall require the organization within 30 days following any deduction from a money deposit or sale of deposited securities under the provisions of this subparagraph to deposit sufficient additional money or securities to make whole the organization's deposit at the prior level. Any cash remaining from the sale of such securities shall be a part of the organization's escrow account. If a deposit is to be adjusted, the additional deposit shall be made within 30 days of the date notice of the adjustment was mailed or otherwise delivered to the organization, or the Commissioner of Finance shall return to the organization such portion of the deposit as the Commissioner of Labor no longer considers necessary, whichever action is appropriate. Disposition of income from securities held in escrow shall be governed by the applicable law of the Virgin Islands.(D) If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount or to increase or make whole the amount of a previously made deposit, as provided under this paragraph, the Commissioner of Labor may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than the four consecutive calendar quarter period beginning with the quarter in which such termination becomes effective; Provided, That the Commissioner of Labor may extend for good cause the applicable filing, deposit or adjustment period by not more than 30 days.(4) Each employer that is liable for payments in lieu of contributions shall pay to the Unemployment Fund the amount of regular benefits plus the amount of one-half of extended benefits paid that are attributable under this chapter to service in the employ of such employer. If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the Unemployment Fund by each employer that is liable for such payments shall be determined in accordance with the provisions of subparagraph (A) or subparagraph (B).(A) If benefits paid to an individual are based on wages paid by one or more employers that are liable for payments in lieu of contributions and on wages paid by one or more employers who are liable for contributions, the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers.(B) If benefits paid to an individual are based on wages paid by two or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employers.(5) Two or more employers that have become liable for payments in lieu of contributions, in accordance with the provisions of subsection (e)(1), may file a joint application to the Commissioner of Labor for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group representative to act as the group's agent for the purpose of this paragraph. Upon his approval of the application, the Commissioner of Labor shall establish a group account for such employers effective as of the beginning of the calendar quarter in which he receives the application and shall notify the group's representative of the effective date of the account. Such account shall remain in effect for not less than two years and thereafter until terminated upon application by the group or terminated earlier for cause by the Commissioner of Labor. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group. The Commissioner of Labor shall prescribe regulations with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this paragraph, for addition of new members to, and withdrawal of active members from, such accounts, and for the determination of the amounts that are payable under this paragraph by the group and members of the group and the time and manner of such payments.
(1) Any nonprofit organization which, pursuant to section 302(k)(1)(C) of this title is, or becomes, subject to this chapter on or after January 1, 1978 shall pay contributions under the provisions of subsection (a), unless it elects, in accordance with this paragraph, to pay to the Commissioner of Finance for the Unemployment Fund an amount equal to the amount of regular benefits and of one-half of the extended benefits paid, that is attributable under this chapter to service in the employ of such nonprofit organization, to individuals for weeks of unemployment which begin during the effective period of such election.(A) Any nonprofit organization which is, or becomes, subject to this chapter on January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than one taxable year beginning with January 1, 1978, provided it files with the Commissioner of Labor a written notice of its election within the 30-day period immediately following such date or within a like period immediately following the date of enactment of this paragraph, whichever occurs later.(B) Any nonprofit organization which becomes subject to this chapter after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than 12 months beginning with the date on which such subjectivity begins by filing a written notice of its election with the Commissioner of Labor not later than 30 days immediately following the date of the determination of such subjectivity.(C) Any nonprofit organization which makes an election in accordance with subparagraph (A) or subparagraph (B) of this paragraph will continue to be liable for payments in lieu of contributions until it files with the Commissioner of Labor a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination shall first be effective.(D) Any nonprofit organization which has been paying contributions under this chapter for a period subsequent to January 1, 1978, may elect to become liable for payments in lieu of contributions by filing with the Commissioner of Labor not later than 30 days prior to the beginning of any taxable year a written notice of election to become liable for payment in lieu of contributions. Such election shall not be terminable by the organization for that and the next taxable year.(E) The Commissioner of Labor may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid for weeks of unemployment beginning on or after January 1 of the year in which the election is made.(F) The Commissioner of Labor shall notify each nonprofit organization of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determinations shall be subject to reconsideration, appeal and review in accordance with the provisions of section 307 of this title.
(A) Any nonprofit organization which is, or becomes, subject to this chapter on January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than one taxable year beginning with January 1, 1978, provided it files with the Commissioner of Labor a written notice of its election within the 30-day period immediately following such date or within a like period immediately following the date of enactment of this paragraph, whichever occurs later.
(B) Any nonprofit organization which becomes subject to this chapter after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than 12 months beginning with the date on which such subjectivity begins by filing a written notice of its election with the Commissioner of Labor not later than 30 days immediately following the date of the determination of such subjectivity.
(C) Any nonprofit organization which makes an election in accordance with subparagraph (A) or subparagraph (B) of this paragraph will continue to be liable for payments in lieu of contributions until it files with the Commissioner of Labor a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination shall first be effective.
(D) Any nonprofit organization which has been paying contributions under this chapter for a period subsequent to January 1, 1978, may elect to become liable for payments in lieu of contributions by filing with the Commissioner of Labor not later than 30 days prior to the beginning of any taxable year a written notice of election to become liable for payment in lieu of contributions. Such election shall not be terminable by the organization for that and the next taxable year.
(E) The Commissioner of Labor may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid for weeks of unemployment beginning on or after January 1 of the year in which the election is made.
(F) The Commissioner of Labor shall notify each nonprofit organization of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determinations shall be subject to reconsideration, appeal and review in accordance with the provisions of section 307 of this title.
(2) (A) At the end of each calendar quarter, or at the end of any shorter period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed period that is attributable under this chapter to service in the employ of such organization.(B) (i) Each nonprofit organization that has elected payments in lieu of contributions may request permission to make such payments as provided in this subparagraph. Such method of payment shall become effective upon approval by the Commissioner of Labor.(ii) At the end of each calendar quarter, or at the end of such other period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization for an amount representing one of the following:(I) For 1978, .675 percent of its total payroll for 1977 which was taxable under this chapter.(II) For years after 1978, such percentage of its total taxable payroll for the immediately preceding calendar year as reflects the average benefit costs chargeable to such organization for such year.(III) For each succeeding taxable year, the Commissioner of Labor shall modify the quarterly percentage of payroll payable by the nonprofit organization in order to minimize excess or insufficient payments.(iii) At the end of each taxable year, the Commissioner of Labor shall determine whether the total of payments for such year made by a nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such taxable year based on wages attributable to service in the employ of such organization. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the Unemployment Fund in accordance with subparagraph (C). If the total payments exceed the amount so determined for the taxable year, the excess shall be credited against the payments which may be required for the next taxable year.(C) Payment of any bill rendered under subparagraph (A) or subparagraph (B) shall be made not later than 30 days after such bill was mailed to the last known address of the nonprofit organization or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with subparagraph (E).(D) Payments made by any nonprofit organization under the provisions of this subsection shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.(E) The amount due specified in any bill from the Commissioner of Labor shall be conclusive on the organization unless, not later than 15 days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the Commissioner of Labor or an appeal to a hearing examiner, setting forth the grounds for such application or appeal. The Commissioner of Labor shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive on the organization unless, not later than 15 days after the determination was mailed to its last known address or otherwise delivered to it, the organization files an appeal to a hearing examiner, setting forth the grounds for the appeal. Proceedings on appeal to the hearing examiner from the amount of a bill rendered under this subsection or a redetermination of such amount shall be in accordance with the provisions of section 309(f) of this title, and the decision of the hearing examiner shall be subject to the provisions of section 309(g) of this title.(F) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to section 309, apply to past due contributions.
(A) At the end of each calendar quarter, or at the end of any shorter period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed period that is attributable under this chapter to service in the employ of such organization.
(B) (i) Each nonprofit organization that has elected payments in lieu of contributions may request permission to make such payments as provided in this subparagraph. Such method of payment shall become effective upon approval by the Commissioner of Labor.(ii) At the end of each calendar quarter, or at the end of such other period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization for an amount representing one of the following:(I) For 1978, .675 percent of its total payroll for 1977 which was taxable under this chapter.(II) For years after 1978, such percentage of its total taxable payroll for the immediately preceding calendar year as reflects the average benefit costs chargeable to such organization for such year.(III) For each succeeding taxable year, the Commissioner of Labor shall modify the quarterly percentage of payroll payable by the nonprofit organization in order to minimize excess or insufficient payments.(iii) At the end of each taxable year, the Commissioner of Labor shall determine whether the total of payments for such year made by a nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such taxable year based on wages attributable to service in the employ of such organization. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the Unemployment Fund in accordance with subparagraph (C). If the total payments exceed the amount so determined for the taxable year, the excess shall be credited against the payments which may be required for the next taxable year.
(i) Each nonprofit organization that has elected payments in lieu of contributions may request permission to make such payments as provided in this subparagraph. Such method of payment shall become effective upon approval by the Commissioner of Labor.
(ii) At the end of each calendar quarter, or at the end of such other period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization for an amount representing one of the following:(I) For 1978, .675 percent of its total payroll for 1977 which was taxable under this chapter.(II) For years after 1978, such percentage of its total taxable payroll for the immediately preceding calendar year as reflects the average benefit costs chargeable to such organization for such year.(III) For each succeeding taxable year, the Commissioner of Labor shall modify the quarterly percentage of payroll payable by the nonprofit organization in order to minimize excess or insufficient payments.
(I) For 1978, .675 percent of its total payroll for 1977 which was taxable under this chapter.
(II) For years after 1978, such percentage of its total taxable payroll for the immediately preceding calendar year as reflects the average benefit costs chargeable to such organization for such year.
(III) For each succeeding taxable year, the Commissioner of Labor shall modify the quarterly percentage of payroll payable by the nonprofit organization in order to minimize excess or insufficient payments.
(iii) At the end of each taxable year, the Commissioner of Labor shall determine whether the total of payments for such year made by a nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such taxable year based on wages attributable to service in the employ of such organization. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the Unemployment Fund in accordance with subparagraph (C). If the total payments exceed the amount so determined for the taxable year, the excess shall be credited against the payments which may be required for the next taxable year.
(C) Payment of any bill rendered under subparagraph (A) or subparagraph (B) shall be made not later than 30 days after such bill was mailed to the last known address of the nonprofit organization or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with subparagraph (E).
(D) Payments made by any nonprofit organization under the provisions of this subsection shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.
(E) The amount due specified in any bill from the Commissioner of Labor shall be conclusive on the organization unless, not later than 15 days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the Commissioner of Labor or an appeal to a hearing examiner, setting forth the grounds for such application or appeal. The Commissioner of Labor shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive on the organization unless, not later than 15 days after the determination was mailed to its last known address or otherwise delivered to it, the organization files an appeal to a hearing examiner, setting forth the grounds for the appeal. Proceedings on appeal to the hearing examiner from the amount of a bill rendered under this subsection or a redetermination of such amount shall be in accordance with the provisions of section 309(f) of this title, and the decision of the hearing examiner shall be subject to the provisions of section 309(g) of this title.
(F) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to section 309, apply to past due contributions.
(3) In accordance with regulations of the Commissioner of Labor, any nonprofit organization that elects to become liable for payments in lieu of contributions shall be required within 30 days after the effective date of its election, to execute and file with the Commissioner of Finance a surety bond approved by the Commissioner of Labor, or it may elect instead to deposit with the Commissioner money or securities. The amount of such bond or deposit shall be determined in accordance with the provisions of this paragraph.(A) The amount of the bond or deposit required by this paragraph shall be equal to 1.35 percent of the organization's taxable wages as defined in section 308(c) of this title for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a bond, or the biennial anniversary of the effective date of election in the case of a deposit of money or securities, whichever date shall be most recent and applicable.(B) Any bond deposited under this paragraph shall be in force for a period of not less than two taxable years and shall be renewed with the approval of the Commissioner of Labor at such times as the Commissioner of Labor may by regulation prescribe, but not less frequently than at two year intervals as long as the organization continues to be liable for payments in lieu of contributions. If the bond is to be increased, the adjusted bond shall be filed by the organization within 30 days of the date notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in paragraph (2)(F) of this subsection, shall render the surety liable on said bond to the extent of the bond, as though the surety was such organization.(C) Any deposit of money or securities in accordance with this paragraph shall be retained by the Commissioner in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as hereinafter provided. The Commissioner of Labor may deduct from the money deposited under this paragraph by a nonprofit organization or sell the securities it has so deposited to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in paragraph (2)(F) of this subsection. The Commissioner of Labor shall require the organization within 30 days following any deduction from a money deposit or sale of deposited securities under the provisions of this subparagraph to deposit sufficient additional money or securities to make whole the organization's deposit at the prior level. Any cash remaining from the sale of such securities shall be a part of the organization's escrow account. If a deposit is to be adjusted, the additional deposit shall be made within 30 days of the date notice of the adjustment was mailed or otherwise delivered to the organization, or the Commissioner of Finance shall return to the organization such portion of the deposit as the Commissioner of Labor no longer considers necessary, whichever action is appropriate. Disposition of income from securities held in escrow shall be governed by the applicable law of the Virgin Islands.(D) If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount or to increase or make whole the amount of a previously made deposit, as provided under this paragraph, the Commissioner of Labor may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than the four consecutive calendar quarter period beginning with the quarter in which such termination becomes effective; Provided, That the Commissioner of Labor may extend for good cause the applicable filing, deposit or adjustment period by not more than 30 days.
(A) The amount of the bond or deposit required by this paragraph shall be equal to 1.35 percent of the organization's taxable wages as defined in section 308(c) of this title for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a bond, or the biennial anniversary of the effective date of election in the case of a deposit of money or securities, whichever date shall be most recent and applicable.
(B) Any bond deposited under this paragraph shall be in force for a period of not less than two taxable years and shall be renewed with the approval of the Commissioner of Labor at such times as the Commissioner of Labor may by regulation prescribe, but not less frequently than at two year intervals as long as the organization continues to be liable for payments in lieu of contributions. If the bond is to be increased, the adjusted bond shall be filed by the organization within 30 days of the date notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in paragraph (2)(F) of this subsection, shall render the surety liable on said bond to the extent of the bond, as though the surety was such organization.
(C) Any deposit of money or securities in accordance with this paragraph shall be retained by the Commissioner in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as hereinafter provided. The Commissioner of Labor may deduct from the money deposited under this paragraph by a nonprofit organization or sell the securities it has so deposited to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in paragraph (2)(F) of this subsection. The Commissioner of Labor shall require the organization within 30 days following any deduction from a money deposit or sale of deposited securities under the provisions of this subparagraph to deposit sufficient additional money or securities to make whole the organization's deposit at the prior level. Any cash remaining from the sale of such securities shall be a part of the organization's escrow account. If a deposit is to be adjusted, the additional deposit shall be made within 30 days of the date notice of the adjustment was mailed or otherwise delivered to the organization, or the Commissioner of Finance shall return to the organization such portion of the deposit as the Commissioner of Labor no longer considers necessary, whichever action is appropriate. Disposition of income from securities held in escrow shall be governed by the applicable law of the Virgin Islands.
(D) If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount or to increase or make whole the amount of a previously made deposit, as provided under this paragraph, the Commissioner of Labor may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than the four consecutive calendar quarter period beginning with the quarter in which such termination becomes effective; Provided, That the Commissioner of Labor may extend for good cause the applicable filing, deposit or adjustment period by not more than 30 days.
(4) Each employer that is liable for payments in lieu of contributions shall pay to the Unemployment Fund the amount of regular benefits plus the amount of one-half of extended benefits paid that are attributable under this chapter to service in the employ of such employer. If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the Unemployment Fund by each employer that is liable for such payments shall be determined in accordance with the provisions of subparagraph (A) or subparagraph (B).(A) If benefits paid to an individual are based on wages paid by one or more employers that are liable for payments in lieu of contributions and on wages paid by one or more employers who are liable for contributions, the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers.(B) If benefits paid to an individual are based on wages paid by two or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employers.
(A) If benefits paid to an individual are based on wages paid by one or more employers that are liable for payments in lieu of contributions and on wages paid by one or more employers who are liable for contributions, the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers.
(B) If benefits paid to an individual are based on wages paid by two or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employers.
(5) Two or more employers that have become liable for payments in lieu of contributions, in accordance with the provisions of subsection (e)(1), may file a joint application to the Commissioner of Labor for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group representative to act as the group's agent for the purpose of this paragraph. Upon his approval of the application, the Commissioner of Labor shall establish a group account for such employers effective as of the beginning of the calendar quarter in which he receives the application and shall notify the group's representative of the effective date of the account. Such account shall remain in effect for not less than two years and thereafter until terminated upon application by the group or terminated earlier for cause by the Commissioner of Labor. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group. The Commissioner of Labor shall prescribe regulations with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this paragraph, for addition of new members to, and withdrawal of active members from, such accounts, and for the determination of the amounts that are payable under this paragraph by the group and members of the group and the time and manner of such payments.
(f) [Repealed.]
(g) [Repealed.]