§ 23:1553 — Noncharging of benefits; recoupment; social charge account; social charge tax rate

Louisiana § 23:1553

• Jurisdiction: Louisiana
• Title 23: Labor and Workers' Compensation

Text

§1553. Noncharging of benefits; recoupment; social charge account; social charge tax rate
A. Benefits charged after a requalification of a claimant pursuant to the requirements
of R.S. 23:1601(1), (2), (3), or (10) shall not be charged against the experience-rating
account of an employer when all of the following pertain:
(1) The employer timely files a separation notice alleging disqualification.
(2) Either a response to a notice of claim filed or a response to a notice to base period
employer is filed.
(3) The separation of the employee from the employer is determined to be under
disqualifying conditions.
B.(1) Amounts paid out pursuant to agency, appeal referee, board of review, or court
decisions which are waived by those bodies under the provisions of R.S. 23:1713 shall be
recouped as a social charge to all employers.
(2) Amounts paid out to claimants as overpayments which have not been repaid to
the fund by the prescription date will be recouped as a social charge to all employers.
(3) Amounts owed by reimbursable employers which are uncollectible after one year
of the termination of the employing entity shall be recouped as a social charge to all
employers; however, such employers shall remain liable for such benefit charges.
(4) Amounts noncharged as a result of the application of R.S. 23:1602 relating to
approved training shall be recouped as a social charge to all employers.
(5) Amounts noncharged as a result of the application of R.S. 23:1601(1)(d) relating
to the relocation of a military spouse due to a permanent change of station order shall be
recouped as a social charge to all employers.
(6) Amounts not charged against the experience-rating records of a base-period
employer pursuant to the provisions of R.S. 23:1533 shall be recouped as a social charge to
all employers.
(7) No amounts shall be credited to the Incumbent Worker Training Account as
provided under R.S. 23:1514 in any calendar year in which the applied trust fund balance is
less than seven hundred fifty million dollars. Furthermore, following any year in which
monies are appropriated from the Incumbent Worker Training Account for use in the state
general fund, such appropriated amount shall be subtracted from amounts to be charged
pursuant to Paragraphs (8) and (10) of this Subsection.
(8) Amounts not to exceed twenty million dollars to be credited to the Incumbent
Worker Training Account to fund the Incumbent Worker Training Program as provided
under R.S. 23:1514 shall be charged to this account only in any calendar year in which the
applied trust fund balance range as defined in R.S. 23:1474 is equal to or greater than seven
hundred fifty million dollars, but less than one billion two hundred fifty million dollars and
only in the amount necessary to bring the balance of unobligated funds in such subaccount
to twenty million dollars.
(9)(a) Amounts not to exceed four million dollars to be credited to the Employment
Security Administration Account as provided under R.S. 23:1515 for use expressly in the
supplemental funding of costs associated with specific unemployment insurance and
employment functions shall be restricted to those provided according to the provisions of this
Chapter for the following:
(i) Auditing of claims filed.
(ii) Recovery of amounts overpaid to claimants.
(iii) Auditing of experience-rating accounts.
(iv) Recovery of delinquent contributions.
(v) Disposition of appeals.
(vi) Cash management and remittance processing.
(vii) Call center services.
(viii) Outreach to employers, employees, and unemployed persons.
(ix) Information technology services.
(x) Labor exchange services.
(b) Such amounts shall not be expended or be available for expenditure in any
manner which would permit their substitution for, or a corresponding reduction in, federal
funds which in the absence of such monies would be made available for the administration
of this Chapter. These amounts shall be charged to this account in a calendar year in which
the administrator deems necessary.
(10) Amounts not to exceed thirty-five million dollars to be credited to the
Incumbent Worker Training Account to fund the Incumbent Worker Training Program as
provided under R.S. 23:1514 shall be charged to this account only in any calendar year in
which the applied trust fund balance range as defined in R.S. 23:1474 is equal to or greater
than one billion two hundred fifty million dollars and only in the amount necessary to bring
the balance of unobligated funds in such subaccount to thirty-five million dollars.
(11) As used in this Chapter, the following terms shall be defined as follows:
(a) "Cash balance" means the actual cash balance in the Louisiana State Treasury
account and at Louisiana Works at the close of business on September thirtieth.
(b) "Contractual obligations" means the open contract balance at the close of
business on September thirtieth.
(c) "Noncontractual obligations" means the allowable ten percent maximum for
administrative costs and the maximum amount to be allocated for small business employee
training costs allowable under the law.
(d) "Unobligated funds" means cash balance, less contractual obligations, less
noncontractual obligations.
(12) Amounts noncharged as the result of the application of R.S. 23:1604 shall be
recouped as a social charge to all employers.
C. Recoupment of the charges set forth in Subsections A and B of this Section shall
be spread to all employers who pay, or are required to pay, contributions under this Chapter
and shall be performed on the basis of charging all the amounts called for to separate
accounts. The total for these amounts shall be computed as of June thirtieth of each year and
designated as the social charge account. However, benefits paid to employees of
experience-rated employers pursuant to Proclamations JBE 2020-27 and JBE 2020-29 shall
not be recouped by spreading the charges to employers in this manner. If any federal funds,
other than federal monies allocated to Louisiana pursuant to Section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act, P.L. 116-136, are received specifically and only for
reimbursement for benefits paid in accordance with these proclamations and otherwise
chargeable to employers pursuant to this Section, such amount shall be applied toward the
unemployment compensation trust fund.
D.(1) The social charge rate shall be determined by dividing the known required
balance in the social charge account as of the computation date by the projected income.
(2) The "known required balance" of the social charge account means the cumulative
balance of known charges to the social charge account, less social charge contributions paid
as of July thirty-first.
(3) The "projected income" means the sum total of rates according to the standard
rate table applicable to the ensuing experience rate year, exclusive of the add-on solvency
tax, computed in R.S. 23:1536 for active experience-rated employers on the computation date
times the taxable payroll for those active employers for the twelve-month period ending on
the computation date.
(4) The social charge rate shall be computed to the nearest .01 percent. Each
employer's social charge rate shall be determined by multiplying the social charge rate times
his experience rate provided in R.S. 23:1536, rounded to the nearest .01 percent and shall be
in addition thereto.
(5) In no event shall an employer's rate exceed 6.2 due to social charge recoupment
under this Section.
E. In the event that the proceeds from the social charge rate exceeds the required
amount in the social charge account, the excess shall be deducted from the required amount
in the social charge account for the succeeding year.
F. The provisions of this Section shall apply only to experience rated employers and
nothing contained in this Section shall apply to reimbursable or governmental rated
employers, their accounts or to benefits attributable to services for reimbursable or
governmental rated employers except as provided in Paragraph (B)(3) of this Section.
G. The Incumbent Worker Training Program reauthorization shall be expressly
renewed by the legislature prior to July 1, 2026, in order for amounts to be charged and
credited to the Incumbent Worker Training Account in the following calendar year for use
in funding the program.

Legislative History

Acts 1978, No. 285, §2, eff. July 5, 1978; Acts 1978, No. 538, §2, eff. July 12, 1978; Acts 1981, No. 131, §2, eff. Oct. 1, 1981; Acts 1983, 1st Ex. Sess., No. 3, §1, eff. Jan. 1, 1983; Acts 1986, No. 980, §1; Acts 1987, No. 82, §1; Acts 1988, No. 176, §1; Acts 1990, No. 79, §1; Acts 1997, No. 1053, §1, eff. Jan. 1, 1998; Acts 1999, No. 197, §1, eff. Jan. 1, 2000; Acts 2001, No. 1165, §2; Acts 2004, No. 898, §1, eff. Jan. 1, 2005; Acts 2005, No. 239, §1, eff. Jan. 1, 2006; Acts 2006, No. 116, §1, eff. June 2, 2006; Acts 2007, No. 59, §§1 and 2; Acts 2008, No. 220, §8, eff. June 14, 2008; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 776, §1; Acts 2012, No. 344, §1; Acts 2014, No. 283, §1, eff. May 28, 2014; Acts 2016, No. 463, §1; Acts 2018, No. 380, §1, eff. June 30, 2018; Acts 2020, No. 243, §1, eff. June 11, 2020, Acts 2022, No. 102, §1, eff. June 30, 2022; Acts 2022, No. 500, §1, eff. June 30, 2022.