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| Montana Administrative Register Notice 24-11-258 | No. 11 06/09/2011 | |
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BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY OF THE STATE OF
TO: All Concerned Persons 1. On June 30, 2011, at 10:30 a.m., the Department of Labor and Industry (department) will hold a public hearing in in the first floor conference room (room 104) of the 2. The Department of Labor and Industry will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m. on June 24, 2011, to advise us of the nature of the accommodation that you need. Please contact the Unemployment Insurance Division, Department of Labor and Industry, Attn: Don Gilbert, 3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined: (1) and (2) remain the same. (3) For wages paid (a) and (b) remain the same. (4) For wages paid on or after July 1, 2011: (a) Governmental entities are assessed for purposes of 39-51-404, MCA, at the rate of .09 percent of total quarterly wages. (b) The following is the rate schedule used for governmental entities. RATE FOR GOVERNMENTAL ENTITIES EXPERIENCE RATING SYSTEM ___________________________________________________________________ Individual Employer's *Median Benefit Cost Ratio Benefit Cost Ratio .26 .36 .46 .56 .66 .76 .86 .96 1.06 1.16 1.26 1.36 1.46
.1 or less .06 .06 .16 .26 .36 .46 .56 .66 .76 .86 1.06 1.26 1.46 .2 .06 .06 .16 .26 .36 .46 .56 .66 .76 .86 1.06 1.26 1.46 .3 .06 .16 .26 .36 .46 .56 .66 .76 .86 .96 1.06 1.26 1.46 .4 .16 .16 .26 .36 .46 .56 .66 .76 .86 .96 1.16 1.26 1.46 .5 .16 .26 .36 .46 .56 .66 .76 .86 .96 1.06 1.16 1.36 1.46 .6 .16 .26 .36 .46 .56 .66 .76 .86 .96 1.06 1.26 1.36 1.46 .7 .26 .36 .46 .56 .66 .76 .86 .96 1.06 1.16 1.26 1.36 1.46 .8 .26 .36 .46 .56 .66 .76 .86 .96 1.06 1.16 1.26 1.36 1.46 .9 .26 .36 .46 .56 .66 .76 .86 .96 1.06 1.16 1.26 1.36 1.46 1.0 .36 .46 .56 .66 .76 .86 .96 1.06 1.16 1.26 1.26 1.36 1.46 1.1 .36 .46 .56 .66 .76 .86 .96 1.06 1.16 1.26 1.36 1.36 1.46 1.2 .36 .56 .66 .76 .86 .96 1.06 1.16 1.26 1.36 1.36 1.46 1.46 1.3 .46 .56 .66 .76 .86 .96 1.06 1.16 1.26 1.36 1.36 1.46 1.46 1.4 .46 .66 .76 .86 .96 1.06 1.16 1.26 1.36 1.46 1.46 1.46 1.46 1.5 .46 .66 .76 .86 .96 1.06 1.16 1.26 1.36 1.46 1.46 1.46 1.46 *Total benefits charged to all governmental entities for all past periods divided by total wages paid by all governmental entities for all past periods. This percentage is used as a median rate. The column headed by that percent is used when the past experience computes to that figure. AUTH: 39-51-302, MCA IMP: 39-51-404, 39-51-1212, MCA REASON: There is reasonable necessity to amend ARM 24.11.2221 to correct minor errors in the contributions table for experience-rated governmental employers, which errors the department recently discovered. The department proposes that it apply the changed rates to wages paid on or after July 1, 2011, the start of the state fiscal year. The department believes that the effect of the changes will be that the affected governmental employers will have a slightly lower contribution rate. The department believes that only 88 employing units will be directly affected by the proposed changes. Because wages are reported by employers on a quarterly basis (30 days after the close of the calendar quarter) and taxes are due and payable at that time, there should not be any overpayment by the affected governmental employers. In the highly unlikely event that a governmental employer would cease operations and payrolls after July 1, 2011, but before the changes in the rates were officially adopted, the department would recalculate the contributions due under the revised rates. The department notes that although it has, as required, advised employers of the contributions rates that will be in effect on July 1, the proposed rule changes will be applied to all wages paid in the first calendar quarter of the state fiscal year. Once the proposed changes are finally adopted, the department will provide notice of the revised rates to the affected governmental employers. The department concludes that correcting the rates in the above manner will avoid or minimize the need for recalculations or providing for a refund or credit of overpaid contributions. 4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Unemployment Insurance Division, Department of Labor and Industry, Attn: Don Gilbert, P.O. Box 8020, Helena, MT 59624-8020; telephone (406) 444-4336; fax (406) 444-2993; TDD (406) 444-5549; or e-mail [email protected] and must be received no later than 5:00 p.m., July 8, 2011. 5. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems. 6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the Department of Labor and Industry, Attn: Mark Cadwallader, 7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. 8. The department's Hearings Bureau has been designated to preside over and conduct the hearing. 9. The department intends to make the proposed amendments effective on or about July 29, 2011, but reserves the right to make the amendments effective at a later date, or not at all. /s/ MARK CADWALLADER /s/ KEITH KELLEY Mark Cadwallader Keith Kelley Alternate Rule Reviewer Commissioner Department of Labor and Industry Certified to the Secretary of State May 31, 2011
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