Page:United States Statutes at Large Volume 96 Part 1.djvu/598

 96 STAT. 556

PUBLIC LAW 97-248—SEPT. 3, 1982 if the requirements of subparagraph (B) a r e met with respect to such employee. (B) REQUIREMENTS.—The requirements of this subparagraph a r e m e t for any taxable year with respect to any employee covered by a specific industry provision if the a m o u n t of contributions required to be paid for the taxable year to the unemployment fund of the State with respect to such employee a r e not less than the product of the required rate multiplied by the wages paid by the employer during the taxable year. (C) REQUIRED RATE.—For purposes of subparagraph (B),

the required rate for any taxable year is the s u m of— (i) the rate at which contributions were required to be made under the specific industry provision as in effect on August 10, 1982, and (ii) the applicable percentage of the excess of 5.4 percent over the r a t e described in clause (i). (D) APPLICABLE PERCENTAGE.—For purposes of s u b p a r a -

graph (C), the term "applicable percentage" means— (i) 20 percent in the case of taxable year 1985, (ii) 40 percent in the case of taxable year 1986, (iii) 60 percent in the case of taxable year 1987, and (iv) 80 percent in the case of taxable year 1988. (E) QUALIFIED SPECIFIC INDUSTRY PROVISION.—For

pur-

poses of this paragraph, the term, "qualified specific industry provision" means a provision contained in a State unemployment compensation law (as in effect on August 10, 1982)— (i) which applies to employees in a specific industry or to a n otherwise defined type of employees, and (ii) under which employers may elect to m a k e contributions a t a specified rate (without experience rating) which exceeds 2.7 percent. Subpart B—Other F i n a n c i n g Provisions SKC. 272. C R E D I T REDUCTION NOT TO A P P L Y WHEN STATE MAKES CERTAIN R E P A Y M E N T S.

95 Stat. 876.

(a) GENERAL RuLE.—Section 3302 (relating to credits against unemployment tax) is amended by adding at the end thereof the following new subsection: "(g) CREDIT REDUCTION N O T To APPLY W H E N STATE M A K E S CERTAIN REPAYMENTS.—

"(1) IN GENERAL.—In the case of any State which meets requirements of paragraph (2) with respect to any taxable year, subsection (c)(2) shall not apply to such taxable year; except that such taxable year (and January 1 of such taxable year) shall (except as provided in subsection (f)(3)) be taken into account for purposes of applying subsection (c)(2) to succeeding taxable years. "(2) REQUIREMENTS.—The requirements of this paragraph a r e met by any State with respect to any taxable year if the Secretary of Labor determines that— "(A) the r e payments during the 1-year period ending on November 9 of such taxable year made by such State of

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