§ 28-42-71 - Repeal or amendment of federal provisions.
SECTION 28-42-71
§ 28-42-71 Repeal or amendment of federalprovisions. – In the event that the federal Social Security Act, 42 U.S.C. § 301 etseq., is repealed, amended, or otherwise changed by the Congress of the UnitedStates, or is finally adjudged invalid or unconstitutional by the Supreme Courtof the United States, with the result that no portion of the contributionsrequired by chapters 42 – 44 of this title can be credited against any taximposed by that act, then upon the date of that repeal, amendment, or change,or upon the date that the act is finally adjudged invalid or unconstitutional,the provisions of chapters 42 – 44 of this title requiring contributionsand providing for payment of benefits shall cease to be operative. In thatevent the director shall immediately requisition from the unemployment trustfund established by 42 U.S.C. § 1103 all moneys in that fund standing tothe credit of the state, and shall take any other action that may be necessaryto procure those moneys. All those moneys, together with any other moneys inthe employment security fund established by § 28-42-18, shall be held incustody by the general treasurer in a special fund, and unless: (1) theCongress of the United States, prior to the adjournment of its next regularsession commencing next after the date the provisions of chapters 42 – 44of this title requiring contributions and providing for the payment of benefitshas ceased to be operative as previously provided, has enacted legislationdesigned to secure the enactment of unemployment compensation laws in thevarious states; and (2) the general assembly, within three (3) months after thepassage of any such federal legislation, has enacted legislation providing fora system of unemployment compensation and has provided for the application ofthat special fund to unemployment compensation purposes pursuant to any suchstate legislation, then those moneys in the special fund subject to the paymentof the expenses of making those refunds shall immediately be refunded orrepaid, without interest, by the director to the individual employers andemployees who have paid contributions under the terms of chapters 42 – 44of this title, ratably in proportion to the amounts contributed by eachemployer and employee.