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.