§ 27-3-505 — Adjustment for noncharged and ineffectively charged benefits; adjustment for positive and negative fund balance; computations; exception; maximum rate

(a) An adjustment factor for noncharged and ineffectively
charged benefits shall be computed to the fourth decimal by
dividing the total noncharged and ineffectively charged benefits
to all employers' experience rating accounts during the
experience rating period ending June 30 by the total taxable
wages payable during the experience period and added to the rate
provided by W.S. 27-3-503. The total taxable wages payable under
this subsection shall not include wages payable by employers
electing payments instead of contributions under W.S. 27-3-509.
Sixty percent (60%) of this adjustment factor shall be allocated
to the unemployment compensation fund. Forty percent (40%) of
this adjustment factor shall be allocated to the employment
support fund created by W.S. 27-3-211.
Note: Effective 1/1/2025 this subsection will read as:
(a) An adjustment factor for noncharged and ineffectively
charged benefits shall be computed to the fourth decimal by
dividing the total noncharged and ineffectively charged benefits
to all employers' experience rating accounts during the
experience rating period ending June 30 by the total taxable
wages payable during the experience period and added to the rate
provided by W.S. 27-3-503. The total taxable wages payable under
this subsection shall not include wages payable by employers
electing payments instead of contributions under W.S. 27-3-509.
Of this adjustment factor, twenty percent (20%) shall be
allocated to the unemployment compensation fund, sixty percent
(60%) shall be allocated to the employment support fund created
by W.S. 27-3-211 and twenty percent (20%) shall be allocated to
the workforce development training fund established in W.S. 9-2-
2604.
(b) If the fund balance on October 31 of the year
immediately preceding the calendar year for which the
contribution rate is being computed is less than three and one-
half percent (3½%) of the total payrolls reported to the
department by September 30 for that year ending June 30, a
positive fund balance adjustment factor shall be computed. The
adjustment factor shall be computed annually to the fourth
decimal by dividing the total reported taxable payrolls for the
year ending June 30 of the year immediately preceding the
calendar year for which the contribution rate is being computed,
into a sum equal to twenty-five percent (25%) of the difference
between the amount in the fund on October 31 of the same year
and five percent (5%) of the total payrolls for that year ending
June 30. The adjustment factor shall be effective until the fund
balance on October 31 of the year immediately preceding the
effective date of the contribution rate equals three and one-
half percent (3½%) or more of the total payrolls for that year
ending June 30. The department shall by rule and regulation
establish an additional formula to apportion the positive fund
balance adjustment factor between those employers whose accounts
have incurred a benefit ratio, pursuant to W.S. 27-3-503(e), of
zero (0) and those employers whose accounts have incurred a
benefit ratio that is greater than zero (0). For purposes of the
apportionment, those employers having no established experience
period pursuant to W.S. 27-3-503(f) shall be treated the same as
those employers whose accounts have incurred a benefit ratio
that is greater than zero (0). The apportionment formula shall
reflect:
(i) The proportion of contribution revenue received
from each of the two (2) groups of employers during the previous
calendar year;
(ii) An additional surcharge for employers whose
accounts have incurred a benefit ratio that is greater than zero
(0).
(c) If the fund balance on October 31 of the year
immediately preceding the calendar year for which the
contribution rate is being computed exceeds four percent (4%) of
the total payrolls reported to the department by September 30
for that year ending June 30, a negative fund balance adjustment
factor shall be computed. The negative adjustment factor shall
be computed annually to the fourth decimal by dividing the total
reported taxable payrolls for the year ending June 30 of the
year immediately preceding the calendar year for which the
contribution rate is being computed, into a sum equal to twenty-
five percent (25%) of the difference between the amount in the
fund as of October 31 of the same year and four percent (4%) of
the total payrolls for that year ending June 30. The adjustment
factor shall be effective until the fund balance on October 31
of the year immediately preceding the effective date of the
contribution rate is equal to or less than four percent (4%) of
the total payrolls for that year ending June 30.
(d) The adjustment factors computed pursuant to this
section are separate from an employer's experience rating, shall
be algebraically added to the employer's contribution rate and
payable by each employer subject to this article. The adjustment
factor computed under subsection (c) of this section shall be
algebraically added only to the contribution rate of those
employers eligible for an experience rating. The adjustment
factors applied to an employer's contribution rate shall not be
less than zero (0).
(e) Repealed by Laws 1983, Sp. Sess., ch. 2, § 3.
(f) For purposes of this section, the fund balance
includes any amount credited to the state unemployment insurance
trust fund pursuant to W.S. 27-3-202(b) but does not include any
amount credited to Wyoming's account in the unemployment trust
fund pursuant to 42 U.S.C. § 1103 and appropriated for
administrative expenses.
(g) Repealed by Laws 1984, ch. 50, § 3.
(h) Effective for the period beginning January 1, 1991,
the adjustment factors computed under subsections (a) and (b) of
this section shall not exceed one and five-tenths percent (1.5%)
to be chargeable against employers.