Page:United States Statutes at Large Volume 102 Part 4.djvu/798

 102 STAT. 3768

PUBLIC LAW 100-647—NOV. 10, 1988 determine pooled charges, pooled credits and unallocated charge balances for the system. Whenever a new employer b^ins paying compensation with respect to which contributions are payable pursuant to this subsection, the Board shall establish and maintain an individual employer record for such employer. "(B) DEFINITION.—As used in this paragraph, the term 'individual employer record' means a record of an individual employer's benefit ratio, reserve ratio, 1-year compensation base, 3-year compensation base, unallocated charge, reserve balance, net cumulative contribution balance, and cumulative benefit balance. "(18) JOINT EBIPLOYER RECORDS.—Pursuant to r^ulations prescribed by the Board, the Board may allow 2 or more employers, upon application, to establish and maintain, or to discontinue, a joint individual employer record for such employers as though such joint record constituted a single employer's individual employer record. "(19) MERGERS, CONSOLIDATIONS, OR OTHER CHANGES IN EMPLOYER IDENTITY.— "(A) WITH OTHER EMPLOYERS.—In the event of a merger,

consolidation, unification, or reorganization in which an employer combines with another employer and the combination entails no partitioning of the property of the employer, the individual employer records of the 2 employers shall be combined into a joint individual employer record if the parties request such joint treatment pursuant to paragraph (18) or if the Board otherwise determines, pursuant to regulations prescribed by the Board, that such joint treatment is desirable. "(B) WITH NONEMPLOYERS.—In the event of a merger,

consolidation, unification, or reorganization in which an employer combines with another entity that is not an employer, the employer's individual einployer record shall attach to the combined entity. "(C) SALE OP ASSETS.—fii the event property of an

employer is sold or transferred to another employer or other entity, or is partitioned among 2 or more employers or entities, the cumulative benefit balance, net cumulative contribution balance, 1-year compensation base, and 3-year compensation base of the employer shall be prorated among the employers which receive the property, including any entities which become employers by virtue of such transfer or partition, in such equitable manner as the Board by r^ulation shall prescribe. "(D) REINCORPORATION.—The cumulative benefit balance, net cumulative contribution balance, 1-year compensation base, and 3-year compensation base of an employer that reincorporates or otherwise alters its corporate identity in a transaction not involving a meiiger, consolidation, or unification shall attach to the reincorporated or altered entity. "(E) ABANDONMENT.—If an employer abandons property or discontinues service but continues to operate as an employer, the employer's individual employer record shall continue to be calculated as provided in this subsection without retroactive a4justment.

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