Page:United States Statutes at Large Volume 85.djvu/794

 764

PUBLIC LAW 92-211-DEC. 22, 1971

[85 STAT.

' ' (I) For 19T2, one-fourth of 1 percent of its total payroll for 1971. " ( II) For years after 1972, such percentage of its total payroll for the immediately preceding calendar year as the Board shall determine. Such determination shall be based each year on the average benefit costs attributable to service in the employ of nonprofit organizations during the preceding calendar year. '* ( III) For any organization which did not pay wages throughout the four calendar quarters of the preceding calendar year, such percentage of its payroll during such year as' the Board shall determine. cenfJge^mo^difica"(ii^) -^^ the cud of cacli taxable year, the Board may modify the tion. ' quarterly percentage of payroll thereafter payable by the nonprofit organization in order to minimize excess or insufficient payments. "'(iv) A t the end of each taxable year, the Board shall determine whether the total of payments for such year made by a nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such taxable year based on wages attributable to service in the employ of such organization. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the me^'ts^dlspo^sifuiid iu accordance with subparagraph (C). If the total payments tion. ' exceed the amount so determined for the taxable year, all or a part of the excess may, at the discretion of the Board, be refunded from the fund or retained in the fund as part of the payments which may be required for the next taxable year. " (C) Payment of any bill rendered under subparagraph (A) or subparagraph (B) shall be made not later than thirty days after such bill was mailed to the last known address of the nonprofit organization or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with subparagraph (E). " (D) Payments made by a nonprofit organization under the provisions of this subsection shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization. " (E) The amount due specified in any bill from the Board shall be conclusive on the organization unless, not later than fifteen days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the Board, setting forth the grounds for such application or appeal. The Board shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive on the organization unless the 57 Stat. 105. organization files an appeal as set forth in section 3(c) (10), setting 46-303. ° ^ forth the grounds for the appeal. " (F) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to section Post, p. 767. 4 (c), apply to past due contributions, de^o's^T '^""'^ °' " ^^^ ^^^^' discretion of the Director, any nonprofit organization that elects to become liable for payments in lieu of contributions shall be requir-ed within thirty days after the effective date of its election, to execute and file with the Board a surety bond approved by the Director, or it may elect instead to deposit with the Board money. The amount of such bond or deposit shall be determined in accordance with the provisions of this paragraph. " (A) The amount of the bond or deposit required by this paragraph shall be equal to one-fourth of 1 per centum of the organization's total Ante, p. 756. wages paid for employment as defined in section 1(b)(1)(C) for the

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