2010 Georgia Code
TITLE 34 - LABOR AND INDUSTRIAL RELATIONS
CHAPTER 8 - EMPLOYMENT SECURITY
ARTICLE 5 - CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS
§ 34-8-155 - Benefit experience; variations from standard rate
O.C.G.A.
34-8-155 (2010)
34-8-155. Benefit experience; variations from standard rate
(a) Employers shall be classified in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their accounts so that contribution rates will reflect such experience. Employer rates shall be computed based on each employer's own experience rating record as of the computation date, June 30 of each year. The computed rate shall apply to taxable wages paid during the calendar year immediately following the computation date.
(b) Any employer who has failed to file all required tax and wage reports, including all such reports of all predecessor employers, by the end of the month following any computation date shall be notified by the department of such failure. If the required tax and wage reports remain unfiled 30 days following notice, the employer will not be eligible for a rate computation but shall be assigned the maximum rate allowable after application of the State-wide Reserve Ratio, if computed for such year, as provided in Code Section
34-8-156. Employers having positive reserve accounts will be assigned the maximum rate allowable for positive reserve accounts. Employers having deficit reserve accounts will be assigned the maximum rate allowable for deficit reserve accounts. Such rates shall remain effective until the end of the calendar year for which the rates have been assigned.
(c) For the periods prior to April 1, 1987, or after December 31, 2011, variations from the standard rate of contributions shall be determined in accordance with the following requirements:
(1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.
RATE TABLE FOR EMPLOYERS
WITH POSITIVE RESERVE ACCOUNTS
If the excess percentage:
--------------------------------------------------------------- ------------
-
Equals But Is The Contribution
or Less Rate Is
Exceeds Than (Percent)
0.00 0.86 2.16
0.86 1.17 2.08
1.17 1.48 2.00
1.48 1.79 1.92
1.79 2.10 1.84
2.10 2.41 1.76
2.41 2.72 1.68
2.72 3.04 1.60
3.04 3.35 1.52
3.35 3.65 1.44
3.65 3.97 1.36
3.97 4.29 1.28
4.29 4.60 1.20
4.60 4.91 1.12
4.91 5.22 1.04
5.22 5.53 0.96
5.53 5.84 0.88
5.84 6.15 0.80
6.15 6.47 0.72
6.47 6.77 0.64
6.77 7.08 0.56
7.08 7.40 0.48
7.40 7.71 0.40
7.71 8.02 0.32
8.02 8.33 0.24
8.33 8.64 0.16
8.64 8.95 0.08
8.95 and over 0.04
(2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.
RATE TABLE FOR EMPLOYERS
WITH DEFICIT RESERVE ACCOUNTS
If the deficit percentage:
--------------------------------------------------------------- ------------
-
Equals But Is The Contribution
or Less Rate Is
Exceeds Than (Percent)
0.0 0.5 2.2
0.5 1.5 2.4
1.5 2.5 2.6
2.5 3.5 2.8
3.5 4.5 3.0
4.5 5.5 3.2
5.5 6.5 3.4
6.5 7.5 3.6
7.5 8.5 3.8
8.5 9.5 4.0
9.5 10.5 4.2
10.5 11.5 4.4
11.5 12.5 4.6
12.5 13.5 4.8
13.5 14.5 5.0
14.5 15.5 5.2
15.5 and over 5.4
(d) For the periods on or after April 1, 1987, but on or before December 31, 1999, variations from the standard rate of contributions shall be determined in accordance with the following requirements:
(1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.
RATE TABLE FOR EMPLOYERS
WITH POSITIVE RESERVE ACCOUNTS
If the excess percentage:
--------------------------------------------------------------- ------------
-
Equals But Is The Contribution
or Less Rate Is
Exceeds Than (Percent)
0.00 0.86 2.125
0.86 1.17 2.043
1.17 1.48 1.962
1.48 1.79 1.881
1.79 2.10 1.800
2.10 2.41 1.725
2.41 2.72 1.643
2.72 3.04 1.562
3.04 3.35 1.481
3.35 3.65 1.400
3.65 3.97 1.325
3.97 4.29 1.243
4.29 4.60 1.162
4.60 4.91 1.081
4.91 5.22 1.000
5.22 5.53 0.925
5.53 5.84 0.843
5.84 6.15 0.762
6.15 6.47 0.681
6.47 6.77 0.600
6.77 7.08 0.525
7.08 7.40 0.443
7.40 7.71 0.362
7.71 8.02 0.281
8.02 8.33 0.200
8.33 8.64 0.125
8.64 8.95 0.043
8.95 and over 0.040
(2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to the account of such employer, the contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.
RATE TABLE FOR EMPLOYERS
WITH DEFICIT RESERVE ACCOUNTS
If the deficit percentage:
--------------------------------------------------------------- ------------
-
Equals But Is The Contribution
or Less Rate Is
Exceeds Than (Percent)
0.0 0.5 2.16
0.5 1.5 2.36
1.5 2.5 2.56
2.5 3.5 2.76
3.5 4.5 2.96
4.5 5.5 3.16
5.5 6.5 3.36
6.5 7.5 3.56
7.5 8.5 3.76
8.5 9.5 3.96
9.5 10.5 4.16
10.5 11.5 4.36
11.5 12.5 4.56
12.5 13.5 4.76
13.5 14.5 4.96
14.5 15.5 5.16
15.5 and over 5.40
(e) For the periods on or after January 1, 2000, but on or before December 31, 2011, variations from the standard rate of contributions shall be determined in accordance with the following requirements:
(1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.
RATE TABLE FOR EMPLOYERS
WITH POSITIVE RESERVE ACCOUNTS
If the excess percentage:
--------------------------------------------------------------- ------------
-
Equals But Is The Contribution
or Less Rate Is
Exceeds Than (Percent)
0.00 0.86 2.110
0.86 1.17 2.028
1.17 1.48 1.947
1.48 1.79 1.866
1.79 2.10 1.785
2.10 2.41 1.710
2.41 2.72 1.628
2.72 3.04 1.547
3.04 3.35 1.466
3.35 3.65 1.385
3.65 3.97 1.310
3.97 4.29 1.228
4.29 4.60 1.147
4.60 4.91 1.066
4.91 5.22 0.985
5.22 5.53 0.910
5.53 5.84 0.828
5.84 6.15 0.747
6.15 6.47 0.666
6.47 6.77 0.585
6.77 7.08 0.510
7.08 7.40 0.428
7.40 7.71 0.347
7.71 8.02 0.266
8.02 8.33 0.185
8.33 8.64 0.110
8.64 8.95 0.028
8.95 and over 0.025
(2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.
RATE TABLE FOR EMPLOYERS
WITH DEFICIT RESERVE ACCOUNTS
If the deficit percentage:
--------------------------------------------------------------- ------------
-
Equals But Is The Contribution
or Less Rate Is
Exceeds Than (Percent)
0.0 0.5 2.15
0.5 1.5 2.35
1.5 2.5 2.55
2.5 3.5 2.75
3.5 4.5 2.95
4.5 5.5 3.15
5.5 6.5 3.35
6.5 7.5 3.55
7.5 8.5 3.75
8.5 9.5 3.95
9.5 10.5 4.15
10.5 11.5 4.35
11.5 12.5 4.55
12.5 13.5 4.75
13.5 14.5 4.95
14.5 15.5 5.15
15.5 and over 5.40
(f)(1) Subject to the provisions of paragraph (2) of this subsection, contribution rates for experience rated employers for the time periods:
(A) January 1, 2000, to December 31, 2000;
(B) January 1, 2001, to December 31, 2001;
(C) January 1, 2002, to December 31, 2002; and
(D) January 1, 2003, to December 31, 2003
shall not be imposed above the level of 1.0 percent of statutory contribution rates.
(2) The Governor shall have authority to suspend by executive order any future portion of the reduction in calculated rates provided for in paragraph (1) of this subsection in the event the Governor determines, upon the recommendation of the Commissioner, that suspension of said reduction is in the best interests of the State of Georgia.
Graham Syfert - Jacksonville Lawyer 
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