Southwestern Teamsters Security Fund v. Arizona Department of Economic Security

757 P.2d 1067, 157 Ariz. 358, 11 Ariz. Adv. Rep. 72, 1988 Ariz. App. LEXIS 243
CourtCourt of Appeals of Arizona
DecidedJune 28, 1988
DocketNo. 1 CA-UB 536
StatusPublished
Cited by2 cases

This text of 757 P.2d 1067 (Southwestern Teamsters Security Fund v. Arizona Department of Economic Security) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southwestern Teamsters Security Fund v. Arizona Department of Economic Security, 757 P.2d 1067, 157 Ariz. 358, 11 Ariz. Adv. Rep. 72, 1988 Ariz. App. LEXIS 243 (Ark. Ct. App. 1988).

Opinion

[359]*359OPINION

GREER, Judge.

The sole question raised on this appeal is whether the Southwestern Teamsters Security Fund (Fund), which paid out disability payments defined as wages for unemployment tax purposes, is subject to having its experience rating charged for employment security benefits paid to an “employee.”

Some statutory background is necessary to bring this issue into sharper focus. The Employment Security Act (A.R.S. Title 23, Chapter 4) was enacted for the avowed purpose of lessening the burdens of involuntary unemployment and encouraging employers to provide more stable employment. A.R.S. § 23-601; Employment Security Comm’n v. Valley Nat’l Bank, 20 Ariz.App. 460, 513 P.2d 1343 (1973). Pursuant to these statutes, an employee who becomes unemployed under certain conditions is entitled to unemployment benefits for a stated period of time. See A.R.S. § 23-771 to -791; Valley Nat’l Bank, 20 Ariz.App. at 462, 513 P.2d at 1345. The amount of benefits payable is computed as a percentage of the employee’s total wages from all employers paid during the quarter of the previous twelve months in which such total wages were the highest. A.R.S. § 23-779(A). This period is termed the employee’s “base period.” A.R.S. § 23-605.

These payments are funded, in part, from contributions made by various employers throughout the state. The Department of Economic Security (DES) maintains a separate account for each employer reflecting all contributions made. A.R.S. §§ 23-726, -727(A). These accounts are charged for benefits paid to former employees of that employer, unless there is a statutorily defined reason to exempt the account from being charged. A.R.S. § 23-727. If an employer’s account is non-charged pursuant to § 23-727, the benefits are charged to the State Compensation Fund.

Although there is a standard rate for employer contributions, this rate is adjusted upwards or downwards depending on the ratio of contributions made as compared to benefits charged against each employer. A.R.S. §§ 23-730, -731. This ratio is known as the employer’s experience rating. As a result, an employer will generally have to contribute more to the unemployment system if an employee’s unemployment benefits are charged to that employer’s account. This appeal concerns the applicability of the statute exempting an employer’s account from being charged for a former employee’s unemployment experience. A.R.S. § 23-727.

We now turn to the facts of this case, which are not in dispute. The Fund is a Taft-Hartley, ERISA-governed benefit fund consisting of contributions by a number of unrelated employers under collective bargaining agreements negotiated with the Teamsters Union. From these employer contributions, the Fund provides non-work related medical, hospitalization and disability benefits to eligible employees. Though such benefits might not be “wages” in ordinary parlance, effective January 1, 1985, Congress amended the Internal Revenue Code to redefine the term “wages” to include these short-term disability payments and subject them to federal unemployment tax (FUTA). 26 U.S.C. § 3306. Congress also amended the Code to provide that a third-party payor, such as the Fund, will be treated as an employer with respect to these wages. Id. Since the Arizona Unemployment Compensation scheme takes its basic direction from federal law, the applicable Arizona statutes were also amended in 1985 to redefine wages to include short-term sickness and disability payments. A.R.S. §§ 23-622, -645. The Arizona statutory scheme was not similarly amended to provide that a third-party pay- or should be treated as an employer with respect to these newly-defined wages.

As an “employer” under these circumstances, the third-party payor is subject to both federal tax- and state contribution liability. 26 U.S.C. § 3301, et seq.; A.R.S. § 23-726. However, the Internal Revenue Service (IRS) issued interim guidelines in Announcement 85-75 which exempted from treatment as an employer a third-party payor who notifies the actual employer of [360]*360the amount of sickness or disability “wages” paid. IRS News Release IR-85-41 (April 24, 1985). After such a notification, liability for federal tax and, presumably, for the state contribution would be shifted from the third-party payor to the actual employer. Of course, this provision has no relevance to a single employer which provides sickness or disability benefits itself.

The Fund notes that this type of procedure is helpful to a third-party payor which serves a single employer, but that it is administratively difficult to implement for a multi-employer welfare plan, such as the Fund, because of the problems involved with identifying employees who may have worked for a number of different employers. Therefore, as part of its perceived fiduciary obligation to select the option least costly and burdensome to the plan, the Fund chose to pay the federal and state contribution tax on its sickness or disability payments, rather than shift it to the actual employer under the IRS guidelines.

The claimant, James R. Manley, was laid off by Ray Lumber Company on March 4, 1986. While Manley was still working at Ray Lumber, the Fund had paid him $300 in disability payments for a period of time when he was unable to work. On or about March 12, 1986, Manley filed an application for Unemployment Insurance Benefits with the DES. In processing this claim, the DES calculated the “wages” earned by Manley in the relevant base period in order to compute the appropriate amount of unemployment benefits payable. Properly included in these “wages” were the $300 in disability payments made to Manley from the Fund.

Subsequently, the DES notified the Fund of Manley’s claim and identified the Fund as a base period employer. Recognizing that this notice was the first step towards charging the Fund account because of Manley’s unemployment experience, the Fund filed a letter of protest with DES which, among other things, challenged the chargeability of Manley’s unemployment experience to the Fund, since the Fund had nothing to do with Manley’s employment or unemployment.

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Cite This Page — Counsel Stack

Bluebook (online)
757 P.2d 1067, 157 Ariz. 358, 11 Ariz. Adv. Rep. 72, 1988 Ariz. App. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southwestern-teamsters-security-fund-v-arizona-department-of-economic-arizctapp-1988.