108.151(2)(a)
(a) It shall file a written notice to that effect with the department before the beginning of such year except that if the employer became newly subject to this section as of the beginning of such year, it shall file the notice within 30 days after the date of the determination that it is subject to this chapter.
108.151(2)(b)
(b) An employer whose prior election of reimbursement financing has been terminated pursuant to
sub. (3) may not thereafter reelect reimbursement financing unless it has been subject to the contribution requirements of
ss. 108.17 and
108.18 for at least 3 calendar years thereafter and is not, at the time of filing such reelection, delinquent under
s. 108.22.
108.151(2)(c)
(c) No election of reimbursement financing shall be valid unless the employer has satisfied the requirements of
sub. (4) within 60 days after it filed the notice of election.
108.151(2)(d)
(d) Sections 108.17 and
108.18 shall apply to all prior employment, but after all benefits based on prior employment have been charged to any account it has had under
s. 108.16 (2) any balance remaining therein shall be transferred to the balancing account as if
s. 108.16 (6) (c) or
(6m) (d) applied.
108.151(3)(a)(a) An employer who elected reimbursement financing may terminate its election as of the close of the 2nd calendar year to which such election applies, or at the close of any subsequent calendar year, by filing a written notice to that effect with the department before the close of such calendar year;
108.151(3)(b)
(b) The department may terminate any election as of the close of any calendar year if the department determines that any of the following applies.
108.151(3)(b)1.
1. The employer has failed to make the required reimbursement payments.
108.151(4)(a)(a) An employer electing reimbursement financing shall file an assurance of reimbursement with the fund's treasurer, payable to the unemployment reserve fund, guaranteeing payment of the required reimbursement together with any interest and any tardy filing fees. The assurance shall be a surety bond, letter of credit, certificate of deposit or any other nonnegotiable instrument of fixed value.
108.151(4)(a)1.
1. The amount of assurance shall be equal to 4 percent of the employer's payroll for the year immediately preceding the effective date of the election, or the employer's anticipated payroll for the current year, whichever is greater as determined by the department, but the assurance may be in a greater amount at the option of the employer. The amount of the assurance shall be similarly redetermined prior to the beginning of the 3rd year commencing after the year in which it is filed and prior to the beginning of every other year thereafter.
108.151(4)(a)2.
2. Prior to the beginning of each year, an employer electing reimbursement financing shall file an assurance for the 4-year period beginning on January 1 of that year in the amount determined under
subd. 1. An assurance shall remain in force until the liability is released by the fund's treasurer.
108.151(4)(a)3.
3. No assurance may be approved unless the fund's treasurer finds that it gives reasonable assurances that it guarantees payment of reimbursements.
108.151(4)(a)4.
4. Failure of any employer covered by the assurance to pay the full amount of its reimbursement payments when due together with any interest and any tardy filing fees shall render the assurance liable on said assurance to the extent of the assurance, as though the assurance was the employer.
108.151(4)(b)
(b) The fund's treasurer shall issue a receipt to the employer for its deposit of assurance. Any assurances shall be retained by the fund's treasurer in escrow, for the fund, until the employer's liability under its election is terminated, at which time they shall be returned to the employer, less any deductions made under this paragraph. The employer may at any time substitute assurances of equal or greater value. The treasurer may, with 10 days' notice to the employer, liquidate the assurances deposited to the extent necessary to satisfy any delinquent reimbursements or assessments due under this section or
s. 108.155 together with any interest and any tardy filing fees due. The treasurer shall hold in escrow any cash remaining from the sale of the assurances, without interest. The fund's treasurer shall require the employer within 30 days following any liquidation of deposited assurances to deposit sufficient additional assurances to make whole the employer's deposit at the prior level. Any income from assurances held in escrow shall inure to and be the property of the employer.
108.151(5)(a)(a) For each nonprofit organization which has elected reimbursement financing, pursuant to
sub. (2), the fund's treasurer shall maintain a reimbursement account, as a subaccount of the fund's balancing account.
108.151(5)(b)
(b) The department shall charge the employer's reimbursement account with all regular benefits, and with its share of any extended benefits under
s. 108.141, based on wages paid within each quarter ended while its election is in effect.
108.151(5)(c)
(c) The employer's reimbursement account shall be credited with any reimbursement paid by or for it to the fund, and with any benefit overpayment from the account recovered by the department.
108.151(5)(d)
(d) The employer may at any time make other payments to be credited into its reimbursement account, in anticipation of future benefit charges.
108.151(5)(e)
(e) Whenever the employer's reimbursement account has a positive net balance no reimbursement of the benefits charged thereto shall be required.
108.151(5)(f)
(f) Whenever an employer's reimbursement account has a negative balance as of the close of any calendar month, the fund's treasurer shall promptly bill such employer, at its last-known address, for that portion of its negative balance which has resulted from the net benefits charged to such account within such month. Reimbursement payment shall be due within 20 days thereafter. Any required payment which remains unpaid after its applicable due date is a delinquent payment.
Section 108.22 shall apply for collecting delinquent payments.
108.151(6)
(6) Group reimbursement accounts. If any group of nonprofit organizations who have elected reimbursement financing file a joint request, they shall be treated as if they were one employer for the purposes of this chapter, provided that:
108.151(6)(a)
(a) They shall be so treated for at least the 3 calendar years following their request, unless their election of reimbursement financing is terminated under
sub. (3), but they may discontinue their group arrangement as of the beginning of any subsequent calendar year by filing advance notice with the department. A member of such a group may discontinue its participation in the group and the group shall be dissolved at the beginning of any calendar year after the 3rd year.
108.151(6)(b)
(b) They shall be jointly and severally liable for any required reimbursements together with any interest thereon and any tardy filing fees.
108.151(6)(c)
(c) They shall designate one or more individuals as agent for all members of the group for all fiscal and reporting purposes under this chapter.
108.151(6)(d)
(d) If such a group is discontinued,
par. (a) shall apply to each of its members.
108.151(7)(b)
(b) Except as provided in
par. (f), each employer that has elected reimbursement financing under this section and that is subject to this chapter as of the date that a rate of assessment is established under this subsection shall pay an assessment to the fund at a rate determined by the fund's treasurer under
par. (c).
108.151(7)(c)
(c) The fund's treasurer shall determine the total amount due from employers electing reimbursement financing under this section that is uncollectible as of June 30 of each year, but not including any amount that the department determined to be uncollectible prior to January 1, 2004. No amount may be treated as uncollectible under this paragraph unless the department has exhausted all reasonable remedies for collection of the amount, including liquidation of the assurance required under
sub. (4). The department shall charge the total amounts so determined to the uncollectible reimbursable benefits account under
s. 108.16 (6w). Whenever, as of June 30 of any year, this account has a negative balance of $5,000 or more, the treasurer shall determine the rate of an assessment to be levied under
par. (b) for that year, which shall then become payable by all employers that have elected reimbursement financing under this section as of that date.
108.151(7)(d)
(d) The rate of assessment under this subsection for each calendar year shall be a rate, when applied to the payrolls of all employers electing reimbursement financing under this section for the preceding calendar year, that will generate an amount that equals the total amount determined to be uncollectible under
par. (c), but not more than $200,000 for any year.
108.151(7)(e)
(e) Except as provided in
par. (f), the rate of each employer's assessment under this subsection for any calendar year is the product of the rate determined under
par. (d) multiplied by the employer's payroll for the preceding calendar year, as reported by the employer under
sub. (8) or
s. 108.15 (8),
108.152 (7),
108.17 (2) or
108.205 (1) or, in the absence of reports, as estimated by the department.
108.151(7)(f)
(f) If any employer would otherwise be assessed an amount less than $10 for a calendar year, the department shall, in lieu of requiring that employer to pay an assessment for that calendar year, apply the amount that the employer would have been required to pay to the other employers on a pro rata basis.
108.151(7)(g)
(g) The department shall bill assessments to employers under this subsection in the same manner as provided in
sub. (5) (f) for the month of September in each year, and the assessment is due for payment in the same manner as other payments under
sub. (5) (f). If any assessment is past due, the department shall assess interest on the balance due under
s. 108.22. If any employer is delinquent in paying an assessment under this subsection, the department may terminate the employer's election of reimbursement financing under this section as of the close of any calendar year in which the employer remains delinquent.
108.151(7)(h)
(h) If the payroll of an employer for any quarter is adjusted to decrease the amount of the payroll after an employment and wage report for the employer is filed under
s. 108.205 (1), the department shall refund any assessment that is overpaid by the employer under this subsection as a result of the adjustment.
108.151(8)
(8) Reports. Each nonprofit organization that is an employer shall make employment and wage reports to the department under the same conditions that apply to other employers.
108.152
108.152
Financing benefits for employees of Indian tribes. 108.152(1)(1)
Election of reimbursement financing. Each Indian tribe that is an employer may, in lieu of paying contributions under
ss. 108.17 and
108.18, elect reimbursement financing for itself as a whole or for any tribal units or combinations of tribal units that are wholly owned subdivisions, subsidiaries, or business enterprises, as of the beginning of any calendar year, subject to the following conditions:
108.152(1)(a)
(a) The Indian tribe or tribal unit shall file a written notice of the election with the department before the beginning of that year except that, if the Indian tribe or tribal unit became an employer as of the beginning of that year, it shall file the notice within 30 days after the date of the determination that it is an employer.
108.152(1)(b)
(b) An Indian tribe or tribal unit whose election of reimbursement financing is terminated under
sub. (2) (a) may not thereafter reelect reimbursement financing unless it has been subject to the contribution requirements of
ss. 108.17 and
108.18 for at least 3 calendar years thereafter and is not, at the time of filing such reelection, delinquent under
s. 108.22.
108.152(1)(d)
(d) If the Indian tribe or tribal unit is an employer prior to the effective date of an election,
ss. 108.17 and
108.18 shall apply to all employment prior to the effective date of the election, but after all benefits based on prior employment have been charged to any account that it has had under
s. 108.16 (2), the department shall transfer any positive balance or charge any negative balance remaining therein to the balancing account as if
s. 108.16 (6) (c) and
(6m) (d) applied.
108.152(2)(a)(a) An Indian tribe or tribal unit that elected reimbursement financing may terminate its election as of the close of the 2nd calendar year to which the election applies, or at the close of any subsequent calendar year, by filing a written notice of termination with the department before the close of that year.
108.152(2)(b)
(b) If an Indian tribe or tribal unit terminates an election under this subsection, the employer's contribution rate is 2.5 percent on its payroll for each of the next 3 calendar years.
108.152(4)
(4) Reimbursement account. The department shall maintain a reimbursement account, as a subaccount of the fund's balancing account, for each Indian tribe, tribal unit, or combination of tribal units in accordance with any valid election made under
subs. (1) and
(5) and subject to the procedures and conditions provided for other employers under
s. 108.151 (5).
108.152(5)
(5) Group reimbursement account. An Indian tribe that has elected reimbursement financing for tribal units or one or more combinations of tribal units may request to have specified tribal units treated as one employer for purposes of this chapter. The department shall approve any such request subject to the following conditions:
108.152(5)(a)
(a) The tribal units shall be so treated for a period of at least the 3 calendar years following their request, unless their election of reimbursement financing is terminated under
sub. (2) or
(6), but the Indian tribe may discontinue the treatment as of the beginning of any calendar year following that period by filing notice with the department prior to the beginning of that calendar year.
108.152(5)(b)
(b) The tribal units shall be jointly and severally liable for any required reimbursements, together with any interest thereon and any penalties or tardy filing fees.
108.152(5)(c)
(c) The Indian tribe shall designate one or more individuals to act as an agent for all members of the group for all fiscal and reporting purposes under this chapter.
108.152(6)(a)(a) If an Indian tribe or tribal unit fails to pay required contributions, reimbursements in lieu of contributions, penalties, interest, fees, or assessments within 90 days of the time that the department transmits to the tribe a final notice of delinquency:
108.152(6)(a)1.
1. The department shall immediately notify the federal internal revenue service and the federal department of labor of that failure.
108.152(6)(a)2.
2. Any valid election of reimbursement financing is terminated as of the end of the current calendar year.
108.152(6)(a)3.
3. The department may consider the Indian tribe not to be an employer and may consider services performed for the tribe not to be employment for purposes of this chapter.
108.152(6)(b)
(b) An Indian tribe whose prior election of reimbursement financing has been terminated under
par. (a) may not thereafter reelect reimbursement financing unless it has been subject to the contribution requirements of
ss. 108.17 and
108.18 for at least one calendar year thereafter and is not delinquent under
s. 108.22 at the time that it files a request for reelection.
108.152(6)(c)
(c) The final notice of delinquency specified in
par. (a) shall include information that failure to make full payment within the prescribed time will cause the Indian tribe to be liable for taxes under the federal Unemployment Tax Act (
26 USC 3301, et seq.), will cause the tribe to be precluded from electing reimbursement financing, and may cause the department to determine that the tribe is not an employer and that services performed for the tribe are not employment for purposes of this chapter.
108.152(7)
(7) Reports. Each Indian tribe that is an employer shall make employment and wage reports to the department under the same conditions that apply to other employers.
108.155
108.155
Liability of reimbursable employers for identity theft. 108.155(2)(a)(a) On October 2, 2016, the fund's treasurer shall set aside $2,000,000 in the balancing account for accounting purposes. On an ongoing basis, the fund's treasurer shall tally the amounts allocated to reimbursable employers' accounts under
s. 108.04 (13) (d) 4. c. and deduct those amounts from the amount set aside plus any interest calculated thereon.
108.155(2)(b)
(b) On each June 30, beginning with June 30, 2016, the fund's treasurer shall do all of the following:
108.155(2)(b)1.
1. Determine the current result of the calculations described in
par. (a).
108.155(2)(c)
(c) Annually, beginning with the first year in which the amount determined under
par. (b) 1. is less than $100,000, the department shall proceed as follows:
108.155(2)(c)1.
1. If the sum of the amount determined under
par. (b) 2. in the current year and any amount carried over under
subd. 2. or
3. from the preceding year is $20,000 or more, the department shall, subject to
subd. 3., assess reimbursable employers for that sum.
108.155(2)(c)2.
2. If the sum of the amount determined under
par. (b) 2. in the current year and any amount carried over under this subdivision or
subd. 3. from the preceding year is less than $20,000 the department shall, subject to
subd. 4., postpone the current year's assessment by carrying that sum over to the following year.
108.155(2)(c)3.
3. If the sum of the amount determined under
par. (b) 2. in the current year and any amount carried over under this subdivision or
subd. 2. from the preceding year is more than $200,000, the department shall postpone the amount of the assessment that exceeds $200,000 by carrying that amount over to the following year.
108.155(2)(c)4.
4. If the department postponed assessments under
subd. 2. in each of the 4 previous years, the department shall, subject to
subd. 3., assess reimbursable employers for the sum of the amount determined under
par. (b) 2. in the current year and the amount carried over under
subd. 2. from the preceding year.
108.155(2)(d)
(d) If the department assesses reimbursable employers under
par. (c), the department shall determine the amount of assessments to be levied as provided in
sub. (3), and the fund's treasurer shall notify reimbursable employers that the assessment will be imposed. Except as provided in
sub. (3) (c), the assessment shall be payable by each reimbursable employer that is subject to this chapter as of the date the assessment is imposed. Assessments imposed under this section shall be credited to the balancing account.
108.155(3)(a)(a) The rate of an assessment imposed under
sub. (2) (c) for a given calendar year shall be a rate that, when applied to the payrolls of all reimbursable employers for the preceding calendar year, will generate an amount equal to the total amount to be assessed in that year as determined under
sub. (2) (c).
108.155(3)(b)
(b) Except as provided in
par. (c), the amount of a reimbursable employer's assessment imposed under
sub. (2) (c) for a given calendar year is the product of the rate determined under
par. (a) and the reimbursable employer's payroll for the preceding calendar year, as reported by the reimbursable employer under
s. 108.15 (8),
108.151 (8),
108.152 (7), or
108.205 (1), or, in the absence of reports, as estimated by the department.
108.155(3)(c)
(c) If a reimbursable employer would otherwise be assessed an amount less than $10 for a calendar year, the department shall, in lieu of requiring that reimbursable employer to pay an assessment for that calendar year, apply the amount that the reimbursable employer would have been required to pay to the other reimbursable employers subject to an assessment on a pro rata basis.
108.155(4)
(4) The department shall bill assessments under this section to a reimbursable employer at its last known address in the month of September of each year and the assessment shall be due to the department within 20 days after the date such bill is mailed by the department. Any assessment that remains unpaid after its applicable due date is a delinquent payment. If a reimbursable employer is delinquent in paying an assessment under this section, in addition to pursuing action under the provisions of
ss. 108.22 and
108.225, the department may do any of the following:
108.155(4)(a)
(a) Pursue action authorized under
s. 108.15 (6), if the reimbursable employer is subject to reimbursement financing under
s. 108.15.
108.155(5)
(5) If the payroll of a reimbursable employer for any quarter is adjusted to decrease the amount of the payroll after an employment and wage report for the reimbursable employer is filed under
s. 108.205 (1), the department shall refund the amount of any assessment that was overpaid by the reimbursable employer under this section as a result of the adjustment.
108.155(6)
(6) The department shall annually report to the council on unemployment insurance the balance remaining of the amount set aside under
sub. (2) (a) and the amount of charges restored to reimbursable employers' accounts under
s. 108.04 (13) (d) 4. c.
108.155 History
History: 2015 a. 334.
