Page:United States Statutes at Large Volume 57 Part 1.djvu/120

 57 STAT.] 78TH CONG. , 1ST SESS.-CH. 117-JUNE 4, 1943 be subject to increase, but not to reduction, on the basis of subsequently ascertained information. "(7) For the purpose of this subsection, two or more employing units which are parties to or the subject of a merger, consolidation, or other form of reorganization effecting a change in legal identity or form, shall be deemed to be a single employing unit if (a) the successor unit requests a transfer of the predecessor's experience within six months from date such change in legal identity or form occurred, or within six months from the effective date of this Act; (b) immedi- ately after such change the employing enterprises of the predecessor's employing unit or units are continued solely through a single employ- ing unit as successor thereto; and (c) immediately after such change such successor is owned or controlled by substantially the same inter- ests as the predecessor employing unit or units. If the Board shall deem two or more employing units to have become a single employer, it shall combine their experience, if any, with pay rolls, contributions and benefit charges (as shown on their experience rating accounts) as of the applicable computation date for the calendar year or part thereof in which the change in identity or form occurred. If this combination of experience indicates that, under section 3 (c) (8) of this Act, the successor employer should pay contributions at a new rate, such new rate shall be effective from the date of such change. "(8) Variations from the standard rates of contributions for each calendar year or part thereof shall be determined as of the applicable computation date in accordance with the following requirements: "i. If as of the computation date the total of all contributions credited to any employer's account, with respect to employment since May 31, 1939, is in excess of the total benefits paid after June 30, 1939, then chargeable or charged to his account, such excess shall be known as the employer's reserve, and his contribution rate for the ensuing calendar year or part thereof shall be- "(A) 2.7 per centum if such reserve is less than 1 per centum of his average annual pay roll; "(B) 2 per centum if such reserve equals or exceeds 1 per centum but is less than 1.5 per centum of his average annual pay roll; "(C) 1.5 per centum if such reserve equals or exceeds 1.5 per centum but is less than 2 per centum of his average annual pay roll; "(D) 1 per centum if such reserve equals or exceeds 2 per centum but is less than 3 per centum of his average annual pay roll; "(E) 0.5 per centum if such reserve equals or exceeds 8 per centum but is less than 3.5 per centum of his average annual pay roll; "(F) 0.1 per centum if such reserve equals or exceeds 3.5 per centum of his average annual pay roll. "ii. If as of the computation date the total amount of benefits paid and chargeable to an employer's account for the periods after June 30, 1939, is more than the total contributions credited to his account with respect to employment since May 31, 1939, then his contribution rate for the ensuing calendar year or part thereof shall be 2.7 per centum. "(9) As used in this subsection- "(a) The term 'annual pay roll' means the total amount of wages for employment paid by an employer during a twelve-month period ending ninety days prior to the computation date; Single employing units. Combination of ex- perience. Variations from standard rates. Employer's reserve. Contribution rates. "Annual pay roll."

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