§ 34-8-157 - Regular benefits paid to be charged against experience rating account
               	 		
O.C.G.A.    34-8-157   (2010)
   34-8-157.    Regular benefits paid to be charged against experience rating account 
      (a)  Regular  benefits paid with respect to all benefit years that begin on or before  December 31, 1991, shall be charged against the experience rating  account of employers in the following manner:
      (1)  Benefits  paid to an individual with respect to the individual's current benefit  year shall be charged against the accounts of the individual's base  period employers.  Charges shall be based upon the pro rata share of  wages paid to the individual during the base period.  To receive relief  of charges to its account, an employer shall furnish, in a timely  manner, detailed and specific information as to the reason for  separation from employment.  If a disqualification is imposed on the  claim and the employer has properly submitted its information, the  account shall be relieved of charges;
      (2)  When  the most recent employer, as that term is defined in Code Section  34-8-43, is not a base period employer, a determination shall be made  with respect to potential future charges in the event a second benefit  year claim is filed.  If an individual files a valid claim for  unemployment compensation for a second benefit year and is paid  unemployment compensation, then those benefits will be charged or  relieved against the experience rating account of such employer as  provided in this Code section;
      (3)  An  employer who provided timely response to the department as specified in  the regulations of the department may receive relief of charges for  benefits paid to an individual under any of the following circumstances:
            (A)  An  employer subject to benefit charges offers otherwise suitable work to  the individual and the job is refused solely because the individual has  moved his or her place of residence too far to commute to the job  location. The employer must provide timely notice to the Commissioner of  the job offer as provided by regulations of the Commissioner; or
            (B)  The individual earned base period wages for part-time employment from an employer who:
                  (i)  Is an interested party because of the individual's loss of other employment;
                  (ii)  Has  provided base period employment and continues to provide employment to  the same extent as that part-time employment was provided in the base  period of the individual; and
                  (iii)  Has furnished timely information pursuant to the regulations of the Commissioner; and
      (4)  Notwithstanding  paragraphs (1) through (3) of this subsection, any employer who has  elected to make payments in lieu of contributions is not subject to  relief of charges for benefits paid with respect to all benefit years  that begin on or before December 31, 1991.
(b)  Regular  benefits paid with respect to all benefit years that begin on or after  January 1, 1992, shall be charged against the experience rating account  or reimbursement account of employers in the following manner:
      (1)  Benefits  paid shall be charged to the account of the most recent employer, as  that term is defined in Code Section 34-8-43, including benefits paid  based upon insured wages which were earned to requalify following a  period of disqualification as provided in Code Section 34-8-194;
      (2)  (A)  Benefits charged to the account of an employer shall not exceed the  amount of wages paid by such employer during the period beginning with  the base period of the individual's claim and continuing through the  individual's benefit year.
            (B)  In the  event the provisions of subparagraph (A) of this paragraph are  determined by the United States secretary of labor or by a court of  competent jurisdiction at a subsequent level of appeal, such appeal to  be taken at the sole discretion of the Commissioner, to be out of  conformity with federal law, the provisions of subparagraph (A) of this  paragraph shall be considered null and void and the provisions of this  subparagraph shall control. Benefits charged to the account of an  employer shall not exceed the amount of wages paid by such employer  during the period beginning with the base period of the individual's  claim and continuing through the individual's benefit year; provided,  however, the portion of such charges for benefits paid which exceed the  amount of wages paid by such employer shall be charged against the  experience rating account of all base period employers in the manner  provided in subsection (a) of this Code section.
            (C)  Benefits  shall not be charged to the account of an employer when an individual's  overpayment is waived pursuant to Code Section 34-8-254.
            (D)  Notwithstanding  any other provision of this subsection to the contrary, for the  purposes of calculating an employer's contribution rate, an account of  an employer shall not be charged for benefits paid to an individual for  unemployment that is directly caused by a presidentially declared  natural disaster;
      (3)  An employer's  account may be charged for benefits paid due to the employer's failure  to respond in a timely manner to the notice of claim filing even if the  determination is later reversed on appeal; and
      (4)  Benefits  paid to individuals shall be charged against the Unemployment Trust  Fund when benefits are paid but not charged against an employer's  experience rating account as provided in this Code section.
      (c)(1)  Payments  of extended benefits as provided in Code Section 34-8-197 shall be  charged to an employer's experience rating account in the same  proportion as regular benefits are charged, except an employer shall be  charged for only 50 percent of its portion of the extended benefits paid  for all weeks after the first week of extended benefits; provided,  however, benefits paid that are attributable to service in the employ of  any governmental entity as described in subsection (h) of Code Section  34-8-35 shall be financed in their entirety by such governmental entity  which is charged as provided in this Code section.
      (2)  As  provided by 26 U.S.C. Section 3304, only 50 percent of extended  benefits paid shall be charged to the individual's employers as  described in paragraph (1) of this subsection. However, if the federal  government does not reimburse the 50 percent for the first week of  extended benefits paid, employers shall be charged 100 percent of such  first week of extended benefits paid.  When employers have been  determined to be relieved from charges, such payments shall be charged  against the Unemployment Trust Fund in the appropriate amount.
(d)  The  Commissioner shall by regulation provide for the notification of each  employer of charges made against its account at intervals not less  frequent than semiannually. The charges in such notification shall be  binding upon each employer for all purposes unless the employer files a  request for review and redetermination in writing.  Such request must  set forth the charges to which the employer objects and the basis of the  objection.  The request must be made within 15 days of the prescribed  notification. Upon such request being filed, the employer shall be  granted an opportunity for a fair hearing. However, no employer shall  have standing in any proceeding to contest the chargeability to its  account of any benefit paid in accordance with a determination,  redetermination, or decision pursuant to Articles 7 and 8 of this  chapter, except upon the ground that the services upon which such  benefits were found to be chargeable did not constitute services  performed in employment for the employer and only in the event that the  employer was not a party to such determination, redetermination, or  decision, or to any other proceedings under this chapter in which the  character of such services was determined. The employer shall be  promptly notified of the Commissioner's redetermination. The  redetermination shall become final unless a petition for judicial review  is filed within 15 days after notice of redetermination.  Such notice  shall be mailed or otherwise delivered to the employer's last known  address.  The petition for judicial review shall be filed in the  Superior Court of Fulton County or in the superior court of the county  of residence of the petitioner. In any proceeding under this Code  section, the findings of the Commissioner as to the facts, if supported  by evidence and in the absence of fraud, shall be conclusive, and the  jurisdiction of the court shall be confined to questions of law. No  additional evidence shall be received by the court, but the court may  order additional evidence to be taken before the Commissioner.  The  Commissioner may, after hearing such additional evidence, modify the  determination and file such modified determination, together with a  transcript of the additional record, with the court. Such proceedings  shall be heard in a summary manner and shall be given precedence over  all other civil cases except cases arising under Articles 7 and 8 of  this chapter and Chapter 9 of this title. An appeal may be taken from  the decision of the Superior Court of Fulton County or the superior  court of the county of residence of the petitioner to the Court of  Appeals of Georgia in the same manner as is provided in civil cases.