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52-05 Election and Termination of Employer's Coverage

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CHAPTER 52-05ELECTION AND TERMINATION OF EMPLOYER'S COVERAGE52-05-01.Employing unit deemed to be employer for entire calendar year -Exception. Any employing unit which is or becomes an employer subject to the North Dakota<br>unemployment compensation law within any calendar year must be deemed to be an employer<br>during the whole of such calendar year, except as provided in sections 52-05-02 and 52-05-03.52-05-02.Employer subject to provisions of law for term of two years.Anyemploying unit, not otherwise subject to the provisions of the North Dakota unemployment<br>compensation law, which files with the bureau its written election to become an employer subject<br>to such provisions for not less than two calendar years, upon the written approval of such election<br>by the bureau, shall become an employer subject hereto to the same extent as all other<br>employers as of the date stated in such approval. Such employing unit shall cease to be subject<br>to the provisions of the North Dakota unemployment compensation law as of January first of any<br>calendar year subsequent to such two calendar years, only if during January of such year it has<br>filed with the bureau a written notice to that effect.52-05-03.Employment not included within law may be deemed subject toprovisions of law.1.Any political subdivision of this state may elect to cover under the North Dakota<br>unemployment compensation law service performed by employees in all of the<br>hospitals and institutions of higher education, as defined in subsections 25 and 27 of<br>section 52-01-01, operated by such political subdivision.a.Election is to be made by filing with the bureau a notice of such election at least<br>thirty days prior to the effective date of such election. The election may exclude<br>any services described in subdivision h of subsection 17 of section 52-01-01.<br>Any political subdivision electing coverage under this subsection shall make<br>payments in lieu of contributions with respect to benefits attributable to such<br>employment in the same manner provided for payment by nonprofit<br>organizations in chapter 52-04.b.The provisions in subsection 11 of section 52-06-02 with respect to benefit<br>rights based on service for state and nonprofit institutions of higher education<br>are applicable also to service covered by an election under this section.c.The amounts required to be paid in lieu of contributions by any political<br>subdivision under this section must be billed and payment made as provided in<br>chapter 52-04 with respect to similar payments by nonprofit organizations.d.An election under this subsection may be terminated by filing with the bureau<br>written notice not later than thirty days preceding the last day of the calendar<br>year in which the termination is to be effective. Such termination becomes<br>effective as of the first day of the next ensuing calendar year with respect to<br>services performed after that date.2.Any other employing unit, inclusive of governmental units, for which services are<br>performed that do not constitute employment as defined in the North Dakota<br>unemployment compensation law may file with the bureau a written election that all<br>such services with respect to which payments are not required under an<br>unemployment compensation law of any other state or of the federal government,<br>and which are performed by individuals in its employ in one or more distinct<br>establishments or places of business must be deemed to constitute employment by<br>an employer for all the purposes of the North Dakota unemployment compensation<br>law for not less than two calendar years. Upon the written approval of such election<br>by the bureau, such services must be deemed to constitute employment subject toPage No. 1the provisions of the North Dakota unemployment compensation law from and after<br>the date stated in such approval.Such services must cease to be deemedemployment subject hereto as of January first of any calendar year subsequent to<br>such two calendar years, only if during January of such year such employing unit<br>has filed with the bureau a written notice to that effect. The bureau in its discretion<br>may on its own motion terminate any election agreement under this subsection upon<br>thirty days' notice to the employer. The rate of contribution for employment covered<br>by an election under this subsection must be as provided in chapter 52-04, except,<br>however, an electing governmental unit in addition to those provided for in<br>subsection 1, which hereafter becomes an employer under this chapter, shall<br>reimburse the state unemployment fund in an amount equal to its share of costs to<br>the unemployment fund.3.After the termination of an election under this chapter, governmental units shall<br>remain liable for their proportionate share of benefits which are based on wages paid<br>for services during the period of election.52-05-04. Termination as employer - Regulations governing. Except as provided insections 52-05-02 and 52-05-03, an employing unit shall cease to be an employer subject to the<br>North Dakota unemployment compensation law only as of the first day of January of any<br>calendar year, and only if it files with the bureau during January of such year, a written<br>application for termination of coverage, and the bureau finds that the employing unit is not an<br>employer as defined in the North Dakota unemployment compensation law. During January of<br>any calendar year, the bureau on its own motion, may file an application for termination of<br>coverage on behalf of any employer who during the preceding year was liable for contributions<br>under the terms of the North Dakota unemployment compensation law, but who:1.Has removed from the state;2.Has discontinued the business conducted by it at the time it became liable under the<br>terms of the North Dakota unemployment compensation law; or3.Has been adjudged bankrupt or has become insolvent.Such application for termination of coverage filed by the bureau on its own motion must be acted<br>upon in exactly the same manner as though the application had been filed by the employer.Page No. 2Document Outlinechapter 52-05 election and termination of employer's coverage