12 CRR-NY 471.4NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER VII. DIVISION OF UNEMPLOYMENT INSURANCE
SUBCHAPTER B. UNEMPLOYMENT INSURANCE
ARTICLE 1. REGULATIONS OF THE INDUSTRIAL COMMISSIONER
PART 471. COVERAGE
12 CRR-NY 471.4
12 CRR-NY 471.4
471.4 Reimbursement election by nonprofit organizations.
(a) A nonprofit organization liable for contributions which may elect to become liable for payments in lieu of contributions shall file written notice of such election in such manner and on such forms as the Department of Labor may request.
(1) Such notice shall be filed before the beginning of the calendar year to which the election applies. However, if the nonprofit organization became liable for contributions after the beginning of the calendar year, the notice shall be filed not later than 30 days after the end of that calendar quarter in such calendar year in which the event rendering it liable occurred.
(2) If a group of nonprofit organizations elect jointly to become liable for payments in lieu of contributions, the notice shall be signed by all members of the group and shall designate one of the members as agent for the others in relation to the group election.
(b) Nonprofit organizations, or the designated agent for a group of such organizations, which have made an election pursuant to the provisions of this section shall be billed after the end of each calendar quarter for benefits charged to their accounts. Payments for these charges shall be made on or before the last day of the month following the close of that quarter, or within 15 days after the billing date, whichever is the later.
(c) An election to become liable for payments in lieu of contributions shall continue to apply until it has been terminated in accordance with the following:
(1) It may be terminated by a nonprofit organization as of the first day of a calendar year by filing a written notice to this effect with the Department of Labor before the beginning of such year. If nonprofit organizations are members of a group which elected jointly to become liable for contributions, the designated agent or an individual member may file such notice which shall then be deemed to apply to all members of the group. Such notice shall be filed not later than 30 days before the beginning of the calendar year, and such agent or such member shall inform all members of the group of the action taken. However, any member of such group, individually or jointly as a group with other nonprofit organizations, may file a new notice of election in accordance with the provisions of subdivision (a) of this section.
(2) It may be cancelled by the Industrial Commissioner with respect to a nonprofit organization at any time by giving written notice to the nonprofit organization, or to the designated agent for a group of nonprofit organizations (in which event the cancellation shall apply to all members of the group), if there is a failure to make timely payment, as required pursuant to subdivision (b) of this section, of benefits charged to the account of the nonprofit organization or, with respect to a member of a group having made a joint election, charged to the account of any member of the group.
(d) A nonprofit organization whose election has been cancelled pursuant to paragraph (c)(2) this section may thereafter file a new notice of election in accordance with the provisions of subdivision (a) of this section, individually or as a member of a group, provided:
(1) its outstanding obligations or, if it was a member of a group having made a joint election, the outstanding obligations of all members of the group have been liquidated; and
(2) it has satisfied the Industrial Commissioner, and the commissioner has made a finding to this effect, that a failure to make payments as required is not likely to recur.
12 CRR-NY 471.4
Current through April 15, 2021
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