§ 28-43-2 - Balancing account – Credits and charges.
SECTION 28-43-2
§ 28-43-2 Balancing account – Creditsand charges. – Subsequent to the establishment of the balancing account as set forth in §28-43-1(1), the credits and charges to that account shall be determined by thedirector as follows:
(1) Credits to the balancing account:
(i) All interest earnings received by the fund;
(ii) All transfers to the credit of the account of this statein the unemployment trust fund under 42 U.S.C. § 903(a);
(iii) Any plus balance remaining to the credit of anemployer's account after he or she has ceased to be subject to chapters 42– 44 of this title;
(iv) The entire amount credited to the balancing accountunder § 28-43-9 relating to the balancing rate;
(v) An amount equal to the amount of any restitution by anemployee of benefits, whether that restitution is in cash or in the form ofoffset against benefits otherwise due, when that restitution is made;
(vi) Any deposits made by employers in connection with anappeal under § 28-44-39, which are not returnable;
(vii) The amount reimbursed or advanced to this state as thefederal share of extended benefits paid to individuals under the provisions of§ 28-44-62; and
(viii) The amount reimbursed to this state in accordance withthe provisions of § 121 of United States P.L. 94-566.
(2) Charges to the balancing account:
(i) Any minus balance of an employer's account after he orshe has ceased to be subject to this title, together with an amount equal tobenefits subsequently paid based on wages reported by that employer;
(ii) Any disbursements from the fund that are not chargeableto employer accounts;
(iii) Any benefit payments paid to a claimant and charged toan employer's account after a hearing in which the employer appeared andcontested the award which is subsequently finally disallowed on appeal, whichcharges to the employer's account shall be cancelled;
(iv) Any benefit payments based on determinations by theadministrative agencies of other states;
(v) Dependent's allowances not otherwise chargeable to anemployer's account paid under § 28-44-6 for benefit years beginningsubsequent to September 30, 1985;
(vi) Benefits not chargeable to any individual employer'saccount;
(vii) Any benefit payments paid to an individual who has lefthis or her employment for reasons which have been determined not to have beenconnected with the employment; provided, that the benefits paid to anindividual who leaves work pursuant to a retirement plan, system, or program inaccordance with the provisions of § 28-44-17 of this title shall becharged in accordance with the provisions of § 28-43-3(2)(ii);
(viii) Any benefits paid for benefit years beginningsubsequent to September 30, 1985 to an individual in accordance with theprovisions of § 28-44-62, and not otherwise chargeable to an employer'saccount;
(ix) The foregoing charges to the balancing account shall belimited to benefits paid based on service with an employer required to paycontributions under the provisions of chapters 42 – 44 of this title.
(x) Any benefits paid for benefit years beginning subsequentto July 7, 1996 to an individual unemployed as a result of physical damage tothe real property at the employer's usual place of business caused by severeweather conditions, including, but not limited to, hurricanes, snowstorms, icestorms or flooding, or fire except where caused by the employer.