§ 22-4-10-6 — Successor employers

Indiana § 22-4-10-6

• Jurisdiction: Indiana
• Art. 4: UNEMPLOYMENT COMPENSATION SYSTEM
• Ch. 10: Employer Contributions

Text

(a) Except as provided by IC 22-4-6.5, when:
(1) an employing unit (whether or not an employing unit at the
time of the acquisition) becomes an employer under IC 22-4-7-2(a);
(2) an employer acquires the organization, trade, or business, or
substantially all the assets of another employer; or
(3) an employer transfers all or a portion of the employer's trade
or business (including the employer's workforce) to another
employer as described in IC 22-4-11.5-7;
the successor employer shall, in accordance with the rules prescribed
by the department, assume the position of the predecessor with respect
to all the resources and liabilities of the predecessor's experience
account.
(b) Except as provided by IC 22-4-6.5 or IC 22-4-11.5, when:
(1) an employing unit (whether or not an employing unit at the
time of the acquisition) becomes an employer under IC 22-4-7-2(b); or
(2) an employer acquires a distinct and segregable portion of the
organization, trade, or business within this state of another
employer;
the successor employer shall assume the position of the predecessor
employer with respect to the portion of the resources and liabilities of
the predecessor's experience account as pertains to the distinct and
segregable portion of the predecessor's organization, trade, or business
acquired by the successor. Both the disposer and the acquirer must
disclose the transfer to the department in the form and manner
prescribed by the department not later than thirty (30) days
immediately following the disposition date or not later than ten (10)
days after the disposing and acquiring employers are sent a request for
information, whichever is the earlier date. This portion of the resources
and liabilities of the disposing employer's experience account shall be
transferred in accordance with the rules prescribed by the department.
(c) Except as provided by IC 22-4-6.5 or IC 22-4-11.5, the successor
employer, if an employer prior to the acquisition, shall pay at the rate
of contribution originally assigned to it for the calendar year in which
the acquisition occurs, until the end of that year. If not an employer
prior to the acquisition, the successor employer shall pay at the rate of
contribution assigned to the predecessor employer for the period
starting with the first day of the calendar quarter in which the
acquisition occurs, until the end of that year. However, if a successor
employer, not an employer prior to the acquisition, simultaneously
acquires all or part of the experience balance of two (2) or more
employers, the successor employer shall pay at the highest rate
applicable to the experience accounts totally or partially acquired for
the period starting with the first day of the calendar quarter in which
the acquisition occurs, until the end of the year.
Formerly: Acts 1947, c.208, s.1007; Acts 1951, c.295, s.9; Acts
1955, c.317, s.5; Acts 1967, c.310, s.12; Acts 1969, c.300, s.2; Acts
1971, P.L.355, SEC.21; Acts 1975, P.L.252, SEC.1. As amended by
P.L.20-1986, SEC.5; P.L.18-1987, SEC.36; P.L.21-1995, SEC.72;
P.L.98-2005, SEC.6; P.L.108-2006, SEC.13; P.L.33-2013, SEC.3;
P.L.122-2019, SEC.23.