Sec. 31-225. Contributions by employers. Failure of an Indian tribe or tribal unit to make required payments. Financing of benefits paid to employees of nonprofit organizations. Bond requirement for f
Sec. 31-225. Contributions by employers. Failure of an Indian tribe or tribal
unit to make required payments. Financing of benefits paid to employees of nonprofit organizations. Bond requirement for foreign construction contractors. (a)
Each contributing employer who is subject to this chapter shall pay to the administrator
contributions, which shall not be deducted or deductible from wages, at a rate which is
established and adjusted in accordance with the provisions of section 31-225a, stated
as a percentage of the wages paid by said employer with respect to employment. In no
event shall any employer be required to pay contributions on any amount of wages for
which said employer has previously paid contributions.
(b) Contributions shall be payable quarterly or for such shorter periods of not less
than four weeks as the administrator may determine, provided no such contribution
period shall include parts of two calendar quarters.
(c) Each contribution payment shall be made on or before the last day of the month
next following the end of the period of employment with respect to which it is made.
The administrator may make and publish regulations with reference to the details of the
computation and payment of such contributions. Indian tribes or tribal units, which units
include subdivisions, subsidiaries or business enterprises wholly owned by such Indian
tribes, subject to subparagraphs (C) and (E) of subdivision (1) of subsection (a) of section
31-222 and this section after December 20, 2000, shall pay contributions under the same
terms and conditions as all other subject employers, unless they elect to pay into the
Unemployment Compensation Fund amounts equal to the amount of benefits attributable to service in the employ of the Indian tribe.
(d) In lieu of contributions required of employers subject to this chapter, the state
shall pay into the Unemployment Compensation Fund an amount equivalent to the
amount of benefits charged to the state as provided in section 31-225a, or may at its
option make payments as provided in subdivision (1) of subsection (g) of this section.
The amount of payments required under this section to be made into the fund shall be
ascertained by the administrator as soon as practicable after the end of each calendar
quarter and shall be payable from the General Fund of the state, except as provided
hereafter. If a claimant to whom benefits were paid was paid wages by the state during
the base period from a special or administrative fund provided for by law, the payment
into the Unemployment Compensation Fund shall be made from such special or administrative fund with the approval of the Secretary of the Office of Policy and Management.
The payment by the state into the fund shall be made at such times and in such manner
as the administrator may determine and prescribe.
(e) In lieu of contributions required of employers subject to this chapter, Indian
tribes, towns, cities and other political and governmental subdivisions of the state and
of the towns and cities may pay into the Unemployment Compensation Fund an amount
equivalent to the amount of benefits charged to such Indian tribe, town, city or other
political or governmental subdivision as provided in section 31-225a, or may at its option
make payments as provided in subdivision (1) of subsection (g) of this section, provided
Indian tribes shall determine if reimbursement for benefits paid is to be elected by the
tribe as a whole, by individual tribal units or by combinations of the individual tribal
units. The amount of payments required under this section to be made into the fund shall
be ascertained by the administrator as soon as practicable after the end of each calendar
quarter. The payments by such Indian tribe, town, city or political or governmental
subdivision into the fund shall be made quarterly or at such times and in such manner
as the administrator may determine and prescribe.
(f) Payment of any bill rendered by the administrator under subsection (e) of this
section shall be made not later than thirty days after such bill was mailed to the Indian
tribe, municipality or political or governmental subdivision concerned, to the chief executive officer, clerk or other official or office having charge of making disbursements,
or to the official or office designated by the Indian tribe, municipality or political governmental subdivision as authorized to receive such notices. Payments made under the
provisions of subsection (e) of this section shall not be deducted or deductible, in whole
or in part, from the remuneration of individuals in the employ of the employer. Past due
payments of amounts due hereunder or under subsection (e) of this section shall be
subject to the same interest that applies to section 31-265 to past due contributions.
(1) Indian tribes or tribal units shall be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as
other employing units that have elected to make payments in lieu of contributions.
(2) Failure of the Indian tribe or tribal unit to make required payments, including
assessment of interest and penalty, within ninety days of receipt of the bill, shall cause
the Indian tribe to lose the option to make payments in lieu of contributions, as described
in subsection (e) of this section, for the following tax year unless payment in full is
received or a payment schedule has been approved by the administrator or the administrator's designee before contribution rates for the next tax year are computed.
(3) Any Indian tribe or tribal unit that loses the option to make payments in lieu of
contributions due to late payment or nonpayment, as described in subdivision (1) of this
subsection, shall have the option reinstated if, after a period of one year, all contributions
have been made timely, provided no contributions, payments in lieu of contributions
for benefits paid, penalties or interest remain outstanding.
(4) Failure of the Indian tribe or any tribal unit thereof to make required payments,
including assessments of interest and penalty, after all collection activities deemed necessary by the administrator have been exhausted, may cause services performed for such
tribe to not be treated as "employment" for purposes of subsection (a) of section 31-222.
(5) The administrator may determine that any Indian tribe or tribal unit that loses
coverage under subdivision (4) of this subsection may have services performed for such
tribe again included as "employment" for purposes of subsection (a) of section 31-222 if all contributions, payments in lieu of contributions, penalties and interest have
been paid.
(6) The administrator shall notify the United States Internal Revenue Service and
the United States Department of Labor of: (A) Any failure of an Indian tribe or tribal
unit to make payments required under this section, including assessments of interest
and penalty, within ninety days of a final notice of delinquency; and (B) any termination
or reinstatement of coverage made under subdivisions (4) and (5) of this subsection.
(7) At the discretion of the administrator, any Indian tribe or tribal unit that elects
to become liable for payments in lieu of contributions shall be required, within sixty
days after the effective date of its election, to: (A) Execute and file with the administrator
a surety bond approved by the administrator, or (B) deposit with the administrator money
or securities on the same basis as other employers with the same election option.
(8) Notices of payment and reporting delinquency to Indian tribes or tribal units
pursuant to subsection (f) of this section shall include information that failure to make
full payment within the prescribed time frame: (A) Shall cause the Indian tribe to be
liable for taxes under the Federal Unemployment Tax Act; (B) shall cause the Indian
tribe to lose the option to make payments in lieu of contributions; and (C) may cause any
services performed in the employ of the Indian tribe to be excepted from the definition of
"employment" as provided in subsection (a) of section 31-222.
(g) 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 said code.
(1) Any nonprofit organization which, pursuant to subdivision (1) (D) of subsection
(a) of section 31-222 is, or becomes, subject to this chapter on or after January 1, 1971,
shall pay contributions under the provisions of subsection (a), unless it elects, in accordance with this subparagraph, to pay to the administrator for the unemployment fund an
amount equal to the amount of regular and additional benefits and of one-half of the
extended benefits paid, that is attributable to service in the employ of such nonprofit
organization. (A) Any nonprofit organization which is, or becomes, subject to this chapter on January 1, 1971, 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, 1971, provided
it shall file with the administrator a written notice of its election within the thirty-day
period immediately following July 1, 1971. (B) Any nonprofit organization which becomes subject to this chapter after January 1, 1971, may elect to become liable for
payments in lieu of contributions for a period of not less than twelve months beginning
with the date on which it so becomes subject by filing a written notice of its election
with the administrator not later than thirty days immediately following the date of the
determination that it is so subject. (C) Any nonprofit organization which makes an
election in accordance with subparagraph (A) or subparagraph (B) of this subdivision
shall continue to be liable for payments in lieu of contributions until it files with the
administrator a written notice terminating its election not later than thirty days prior to
the beginning of the taxable year for which such termination shall first be effective,
provided liability for payments in lieu of contributions shall continue for any benefits
attributable to service in the employ of such organization while it was electing payments
in lieu of contributions. For purposes of benefit ratio and for billing purposes, an organization which terminates its election of payments in lieu of contributions shall be treated
as two separate employers. (D) Any nonprofit organization which has been paying contributions under this chapter for a period subsequent to January 1, 1971, may change to
a reimbursable basis by filing with the administrator not later than thirty days prior to
the beginning of any taxable year a written notice of election to become liable for payments in lieu of contributions. Such election shall not be terminable by the organization
for that and the next year. (E) The administrator 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
after December 31, 1970. (F) The administrator, in accordance with such regulations
as the administrator may prescribe, shall notify each nonprofit organization of any determination which the administrator 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 this chapter applicable to determination, appeal and review.
(2) Payments in lieu of contributions shall be made in accordance with the following
provisions: (A) At the end of each calendar quarter, or at the end of any other period as
determined by the administrator, the administrator 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 and additional benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed
period that is attributable to service in the employ of such organization. (B) Payment
of any bill rendered under this subsection shall be made not later than thirty 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 (D). (C) 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.
(D) The amount due specified in any bill from the administrator shall be conclusive on
the organization unless, within the time prescribed in section 31-241 after the bill was
mailed to its last-known address or otherwise delivered to it, the organization files an
application for redetermination by the administrator or an appeal in the manner provided
in sections 31-241 and 31-242 setting forth the grounds for such application or appeal.
The administrator or referee, as the case may be, shall promptly review and reconsider
the amount due specified in the bill and shall thereafter issue a redetermination or decision, as applicable in any case in which such application for redetermination or appeal
has been filed. Any redetermination by the administrator shall be conclusive on the
organization unless, within the time prescribed in section 31-241 after the redetermination was mailed to its last-known address or otherwise delivered to it, the organization
files an appeal in the manner prescribed in sections 31-241 and 31-242, setting forth
the grounds for the appeal. The decision of the referee shall become final on the twenty-second day after the date of its rendition unless the party aggrieved thereby, including
the administrator, files an appeal in the manner provided in section 31-249, setting forth
the grounds for the appeal. Redeterminations by the administrator shall be governed by
the provisions of section 31-243. Proceedings on appeal to the unemployment compensation referee 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 31-242 and
the decision of the referee shall be subject to the provisions of sections 31-248 and 31-249. (E) Past due payments of amounts in lieu of contributions shall be subject to the
same interest that, pursuant to section 31-265 applies to past due contributions; an employer electing reimbursement is subject to the same penalties provided under this chapter as employers paying contributions.
(3) If the administrator at any time deems it necessary because of the financial
condition of the organization, any nonprofit organization that elects to become liable
for payments in lieu of contributions shall be required, within thirty days, to execute
and file with the administrator a surety bond approved by the administrator or it may
elect instead to deposit with the administrator cash or securities. The amount of such
bond or deposit shall be determined in accordance with the provisions of this subdivision.
(A) The amount of the bond or deposit required by this subdivision shall be determined
by the administrator but shall not exceed a percentage of the organization's annual
taxable payroll equal to the maximum rate that any employer liable for contributions
during the year involved would have to pay for employment as defined in subsection
(b) of section 31-222 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 cash or securities, whichever
date shall be most recent and applicable. If the nonprofit organization did not pay wages
in each of such four calendar quarters, the amount of the bond or deposit shall be as
determined by the administrator. The term "cash" includes certified or bank checks or
other guaranteed instruments. (B) Any bond deposited under this subdivision shall be
in force for a period of not less than two taxable years and shall be renewed with the
approval of the administrator, at such times as the administrator may 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. The administrator shall require adjustments
to be made in a previously filed bond as the administrator deems appropriate. If the
bond is to be increased, the adjusted bond shall be filed by the organization within thirty
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 subdivision (2) (E) of this subsection, shall render the surety liable on
such bond to the extent of the bond, as though the surety was such organization. (C)
Any deposit of cash or securities in accordance with this subdivision shall be retained
by the administrator 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 administrator may deduct from the cash deposited under this subdivision
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 subdivision (2) (E) of this subsection. The administrator shall require the organization within thirty days following any deduction from a
cash deposit or sale of deposited securities under the provisions of this subparagraph to
deposit sufficient additional cash 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. The administrator may, at any time, review the
adequacy of the deposit made by any organization. If, as a result of such review, the
administrator determines that an adjustment is necessary, said administrator shall require
the organization to make additional deposit within thirty days of written notice of determination or shall return to it such portion of the deposit as the administrator no longer
considers necessary, whichever action is appropriate. Disposition of income from securities held in escrow shall be governed by any applicable provision of state law. (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 subdivision, the administrator 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 the administrator may extend
for good cause the applicable filing, deposit or adjustment period by not more than
fifteen days.
(4) If any nonprofit organization is delinquent in making payments in lieu of contributions as required under subdivision (2) of this subsection, and a bond or security as
provided in subdivision (3) of this subsection has not been required, or required and not
filed within thirty days, the administrator may terminate such organization's election
to make payments in lieu of contributions as of the beginning of the next taxable year,
and such termination shall be effective for that and the next taxable year.
(5) Each employer that is liable for payments in lieu of contributions shall pay to
the administrator for the fund the amount of regular and additional benefits plus the
amount of one-half of extended benefits paid that are attributable 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 fund by each employer that is liable for such
payments, 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 the individual's base
period employers.
(6) Any two or more employers that have become liable for payments in lieu of
contributions may file a joint application to the administrator 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 purposes of this
subdivision. Upon the administrator's approval of the application, the administrator
shall establish a group account for such employers effective as of the beginning of the
calendar quarter in which the administrator 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 one year and thereafter until terminated at the discretion of
the administrator or upon application by the group. 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 as the total wages paid for service in employment by such
member in such quarter bear to the total wages paid during such quarter for service
performed in the employ of all members of the group. The administrator shall prescribe
such regulations as he or she deems necessary with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this subdivision, 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 subdivision by members of the group and the time and manner of such payments.
(h) Subsections (a) to (g), inclusive, of this section shall first apply to benefits
charged with respect to benefits paid in benefit years starting on or after June 30, 1975.
(i) Notwithstanding any other provision of the general statutes to the contrary, any
employer, individual, organization, partnership, corporation or other legal entity which
engages, in any manner, in contract construction activity in this state and which has its
base of operations and is incorporated in another state, shall furnish to the administrator
before beginning any such construction activity, a bond, with a surety or sureties satisfactory to the administrator, in an amount to be determined by the administrator. The administrator shall adopt regulations, in accordance with the provisions of chapter 54, establishing the method for computation of such bond amounts. The use of such bonds shall
be limited to payment for any unpaid unemployment compensation contributions, interest and penalties due from such contractor and attributable to such contracted work.
(1949 Rev., S. 7497; 1949, S. 3063d; 1953, S. 3064d; 1957, P.A. 596, S. 2, 3; 1969, P.A. 700, S. 3; 1971, P.A. 835, S.
7-9; 1972, P.A. 71, S. 3; P.A. 73-289, S. 1, 4-6, 10; 73-536, S. 3, 12; P.A. 74-229, S. 1, 15, 16, 22; P.A. 75-525, S. 2, 13;
P.A. 76-435, S. 12, 13, 82; P.A. 77-426, S. 1, 19; 77-614, S. 19, 610; P.A. 78-368, S. 3, 11; P.A. 80-250; P.A. 81-318, S.
2, 8; 81-472, S. 60, 141, 159; June 18 Sp. Sess. P.A. 97-4, S. 4, 11; June 18 Sp. Sess. P.A. 97-11, S. 63, 65; June Sp. Sess.
P.A. 01-9, S. 21, 131.)
History: 1969 act amended Subsec. (f) to make payments by towns, cities and political subdivisions mandatory rather
than dependent upon whether the towns, cities, etc. have elected to become subject to chapter; 1971 act added references
to "governmental" subdivisions in Subsecs. (f) and (g), added option of making payments pursuant to Sec. 31-225 in
Subsec. (f) and added provisions re time for payment of bills, interest on past due payments, etc.; 1972 act deleted provision
in Subsec. (f) which had prohibited requiring towns, cities, etc. to maintain a record of their employees social security
numbers; P.A. 73-289 deleted option for calculating benefits as ratio of each employer's share of wages to total wages
paid in Subsec. (h)(5)(A) and added references to "additional" benefits in Subsec. (h)(1), (2) and (5); P.A. 73-536 changed
basis for calculating contributions under Subsec. (a) from 2.7% of wages paid to rate established and adjusted under Sec.
31-225a and deleted previous detailed provisions re adjustments, deleted provision in Subsec. (b) which had allowed
treatment of wages for payroll period which falls in two contribution periods as falling within one period, deleted Subsec.
(d) re excess in fund, relettering accordingly, amended relettered Subsec. (d) to replace detailed provisions re state payments
into fund with reference to payments equaling benefits charged to state pursuant to Sec. 31-225a and changed remaining
provisions re payments throughout section in a similar fashion; P.A. 74-229 amended Subsec. (g)(1)(C) to add proviso re
continued liability for payments and added ratio provision for calculating payments by multiple employers in Subsec.
(g)(5); P.A. 75-525 specified "contributing" employers in Subsec. (a), made payments by towns, cities, etc. in Subsec. (e)
optional rather than mandatory, replaced compensation commissioner with compensation referees in Subsec. (g)(2),
changed maximum bond in Subsec. (g)(3)(A) from 2.7% of total wages paid to 6% of taxable wages paid and deleted
Subsec. (h) re nonprofit organizations' option to make payments in lieu of contributions; P.A. 76-435 made technical
changes; P.A. 77-426 changed amount of bond in Subsec. (g)(3)(A) to percentage of payroll "equal to the maximum rate
that any employer liable for contributions during the year involved would have to pay"; P.A. 77-614 replaced commissioner
of finance and control with secretary of the office of policy and management in Subsec. (d); P.A. 78-368 allowed option
of payments as provided in Subsec. (g)(1) in Subsec. (d) and deleted reference to Sec. 31-235a in Subsec. (e); P.A. 80-250
added Subsec. (i) re bonds for those engaged in contract construction activity; P.A. 81-318 amended Subsec. (g)(2) by
changing the time when referee's decision becomes final from fifteenth to twenty-second day after its rendition if no appeal
has been filed; P.A. 81-472 made technical changes; June 18 Sp. Sess. P.A. 97-4 amended Subsec. (d) to delete provision
that the state shall not be required to maintain a record of Social Security numbers of its employees, effective October 1,
1998; June 18 Sp. Sess. P.A. 97-11 changed effective date of June 18 Sp. Sess. P.A. 97-4, S. 4. from October 1, 1998, to
October 1, 1997; June Sp. Sess. P.A. 01-9 amended Subsec. (c) to add provisions re payments by Indian tribes or tribal
units, amended Subsec. (e) to add provision re determination of reimbursement by Indian tribe, and add references to
"Indian tribe", amended Subsec. (f) to make technical changes, add references to "Indian tribe" and add new Subdivs. (1)
to (8) re payments by Indian tribes or tribal units, and make technical changes for purposes of gender neutrality in Subsecs.
(a) and (g), effective July 1, 2001.
Cited. 127 C. 69. Cited. 128 C. 216. Cited. 131 C. 512. Cited. 135 C. 671. Each liable employer is only obligated to
pay contributions with respect to the wages paid to his own employees. 138 C. 724. Cited. 139 C. 406. Cited. 177 C. 384.
Cited. 181 C. 1.
Cited. 9 CS 244. Cited. 14 CS 208.
Subsec. (a):
Does not preclude the inclusion of tips in amount of wages for the purpose of employer's contribution. 11 CS 340.