§ 11-10-802 — Accounts and deposit

(a) (1) The Director of the Division of Workforce Services shall be ex officio treasurer and custodian of the Unemployment Compensation Fund and disbursing officer of the Division of Workforce Services. (2) The director shall administer the Unemployment Compensation Fund and shall maintain within the Unemployment Compensation Fund three (3) separate accounts: (A) A clearing account; (B) An Unemployment Compensation Trust Fund Account; and (C) A benefit account. (b) (1) (A) All moneys payable to the Unemployment Compensation Fund, upon receipt by the director, shall be immediately deposited into the clearing account. (B) All moneys in the clearing account after clearance shall, except as otherwise provided in this section, be deposited immediately with the United States Secretary of the Treasury to the credit of the account of this state in the federal Unemployment Trust Fund, established and maintained pursuant to section 904 of the Social Security Act any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. (C) All moneys received in the clearing account as proceeds of § 11-10-706(c) shall be deposited and credited to the Division of Workforce Services Special Fund, § 19-5-984 , pursuant to § 11-10-716 . (2) The benefit account shall consist of all moneys requisitioned from this state's account in the federal Unemployment Trust Fund in the United States Treasury. (3) Except as otherwise provided in this section, moneys in the clearing and benefit accounts may be deposited into any depository bank in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. (4) It shall be lawful for any bank to secure such deposit with it by the pledge or escrow of the assets of the bank consisting of bonds, notes, or certificates of indebtedness which are direct obligations of the United States or of this state, and moneys in the clearing and benefit accounts shall not be commingled with other state funds but shall be maintained in separate accounts on books of the depository bank, and collateral pledged for this purpose shall be kept separate and distinct from any collateral pledged to secure other funds of the state. (c) (1) The director shall furnish bond to the state with a corporate surety thereon, conditioned that he or she will faithfully perform his or her duties of employment and will properly account for all funds received and disbursed by him or her. (2) The bond shall be executed in the amount prescribed and in accordance with the applicable provisions of Arkansas law which prescribe surety bonds for state officers and employees and for officers and employees of state boards and commissions.

Legislative History

Amended by Act 2019, No. 910,§ 314, eff. 7/1/2019. Acts 1941, No. 391, § 9; 1959, No. 142, § 1; 1965, No. 33, § 1; 1979, No. 492, § 11; 1979, No. 922, § 11; A.S.A. 1947, § 81-1112; Acts 1991, No. 100, §§ 53, 54; 1997, No. 234, § 28.