Subchapter C. NONPROFIT ORGANIZATIONS MAKING PAYMENTS IN LIEU OF CONTRIBUTIONS


Sec.


63.91.    Purpose.
63.92.    Time for compliance.
63.93.    Filing of surety bond.
63.94.    Filing of security deposit.
63.95.    Moneys or securities received.
63.96.    [Reserved].
63.97.    Return or sale of moneys or securities.
63.98.    Refunds and adjustments.
63.99.    Assignment of rate of contribution.
63.100.    Supplements to payments.

Source

   The provisions of this Subchapter C adopted March 3, 1972, 2 Pa.B. 404, unless otherwise noted.

§ 63.91. Purpose.

 This subchapter is intended to effectuate those provisions of the law which deal with filing a surety bond or depositing money or securities of equal value with the Department when a nonprofit organization elects to become liable for payments in lieu of contributions.

§ 63.92. Time for compliance.

 Nonprofit organizations electing to make payments in lieu of contributions shall comply with this subchapter within 30 days from the effective date of the election.

§ 63.93. Filing of surety bond.

 

   Nonprofit organizations subject to the provisions of this subchapter electing to file a surety bond shall file with the local Field Accounting Office of the Bureau a surety bond equal to 1.0% of the employer’s taxable wages paid for subject employment for the most recent four calendar quarters prior to the election to make payments in lieu of contributions or a surety bond in an amount set by the Department, such bond to be executed by an approved bonding company.

Source

   The provisions of this §  63.93 amended September 24, 1976, 6 Pa.B. 2395. Immediately preceding text appears at serial page (9304).

Cross References

   This section cited in 34 Pa. Code §  63.94 (relating to filing of security deposit).

§ 63.94. Filing of security deposit.

 In lieu of a surety bond, as prescribed in §  63.93 (relating to filing of surety bond), nonprofit organizations subject to this subchapter may deposit moneys, in the form of bank-guaranteed checks payable to the Department of Labor and Industry or securities of equal present monetary value, of a kind acceptable to the Bureau, with the local Field Accounting Office of the Bureau, for transmittal to the Department in Harrisburg. A written receipt will be given to the employer depositing such moneys or securities. A copy of the receipt will be forwarded to the Bureau Accounting Division in Harrisburg and a copy retained in the local Field Accounting Office. Reference should also be made to § §  63.95—63.97 (relating to moneys or securities received, securities pledged and return or sale of moneys or securities).

§ 63.95. Moneys or securities received.

 (a)  Moneys received. The Department will deposit all moneys received with the State Treasurer, Commonwealth of Pennsylvania. Any interest thereon shall accrue to the employer.

 (b)  Securities received. Securities received will be deposited with the State Treasurer of the Commonwealth. The securities shall be assigned to the Department and be negotiable by the Department at any time. Interest or dividends accruing thereon shall be the property of the owner of the securities.

Cross References

   This section cited in 34 Pa. Code §  63.94 (relating to filing of security deposit).

§ 63.96. [Reserved].


Source

   The provisions of this §  63.96 reserved February 29, 1980, effective March 1, 1980, 10 Pa.B. 912.

Cross References

   This section cited in 34 Pa. Code §  63.94 (relating to filing of security deposit).

§ 63.97. Return or sale of moneys or securities.

 Any deposit of moneys or securities received will be held until the organization’s liability for payments is terminated. Upon termination of liability the deposit will be returned, minus any amount, including interest and penalty, due the Department. The Department is authorized to sell securities deposited to satisfy any amount due. All securities pledged to the Department but held in escrow will be released through written advice by the Department upon termination of liability as a reimbursing nonprofit employer, but only if all amounts due have been paid.

Cross References

   This section cited in 34 Pa. Code §  63.94 (relating to filing of security deposit).

§ 63.98. Refunds and adjustments.

 Reimbursement payments in lieu of contributions collected from an employer for the amount of benefits charged to his account may not be deemed to be erroneously collected and subject to refund or credit of any amount paid until the amount is recovered from the claimant.

§ 63.99. Assignment of rate of contribution.

 A 2% rate will be assigned to employers who elect the reimbursement method of payment and subsequently choose to convert to contributory status. The employer will be treated as a ‘‘new or newly covered’’ employer during the period in which he was in reimbursement status, and this period will not be taken into account for any of the purposes of experience rating. The entry rate of 2% is available only on the occasion of the first conversion from reimbursement to contributory status. Thereafter, the rate of contribution may not be less than the standard rate subject to adjustment under section 301.1 of the Law (43 P. S. §  801.1).

Source

   The provisions of this §  63.99 amended March 7, 1975, 5 Pa.B. 441. Immediately preceding text appears at serial page (13477).

§ 63.100. Supplements to payments.

 This section shall supplement the list of payments made into the Unemployment Compensation Fund under section 601 of the Law (43 P. S. §  841), as follows:

   (1)  Payments in lieu of contributions collected under the law.

   (2)  Moneys collected from the Federal Government as reimbursements under section 204 of the Federal-State Extended Compensation Act of 1970 (26 U.S.C.A. §  3301 et seq.).

Cross References

   This section cited in 34 Pa. Code §  63.94 (relating to filing of security deposit).



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.