N.Y. Comp. Codes R. & Regs. tit. 12 § 481.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 481.1 - Joint accounts

(a) Upon the application of any two or more qualified employers engaged in the same or a related trade, occupation, profession or enterprise, or having a common financial interest, a joint account shall be established for a period which begins with the calendar quarter in which the application is filed and includes at least the two calendar years following the year in which the application is filed. Such application shall be submitted to the Department of Labor. The rate of contribution applicable to the joint account shall be computed as of the computation date in the preceding calendar year, and such rate shall apply from the first day of the calendar quarter in which the application is made to the end of that calendar year. The rate of contribution applicable to the joint account with respect to any calendar year following the calendar year in which the application is made shall be determined or redetermined as of the computation date in the preceding calendar year.

(b) The addition of a new employer or employers to an existing joint account shall be subject to the following conditions: the existing joint account shall for the purposes of establishing a new joint account be considered as though it were a single employer and the conditions governing the establishment of the joint account prescribed in subdivision (a) of this section shall apply.

(c) Not earlier than in the second calendar year following the year in which the joint account was established, an application for its dissolution may be filed by one or more of the employers included in such joint account. Such application shall be submitted to the Department of Labor. Such application shall indicate that prior notice has been given by the applicant to any employer who has not joined in the application. Upon such dissolution and as of the computation date in the calendar year in which the application is made,

(1) with respect to joint accounts established among qualified employers pursuant to subdivision 3 of section 581 of the Unemployment Insurance Law, there shall be established for each of the several employers an account balance on the basis of their individual experience as of that date;

(2) with respect to joint accounts established pursuant to subdivision 7 of section 577 of the Unemployment Insurance Law in effect on June 3, 1951 and pursuant to subdivisions (b) and (c) of this section in effect on September 7, 1951, the employer account balance credited to the joint account on the computation date in the calendar year in which the application was filed, shall be apportioned among the individual employers in proportion to their total payrolls in the three most recently completed calendar years prior to such date.

The rate of contribution applicable to the account of each employer included in any dissolved joint account shall be respectively determined or redetermined as of the computation date in the calendar year in which such application is filed, and such rates shall apply to wages paid in the following calendar year.

(d) Any employer who has filed an application for a joint account on or before December 31, 1967 may, notwithstanding the provisions of subdivision (c) of this section, dissolve the joint account as of December 31 of any year.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 481.1