An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1954 |
---|---|
Law Number | 203 |
Subjects |
Law Body
CHAPTER 203
An Act to amend and reenact 8§ 60-20, 60-22 as amended, 60-42 as
amended, 60-45, 60-46, 60-47 as amended, 60-49, 60-67, 60-68 as
amended, 60-69, 60-70, 60-71, 60-73, 60-73.1 as amended, and 60-75 of
the Code of Virginia, and to amend the Code by adding a new section
numbered 60-118, the amended and new sections pertaining to the
“Virginia Unemployment Compensation Act” and relating respectively
to the definition of unemployment, the definition of wages, the de-
termination of benefits, the duration of benefits, the eligibility for
benefits, the disqualification for benefits, the effect of Commission,
Appeal Tribunal and Deputy decisions; to the eligibility of employers
for a reduction in the maximum contribution rate; the individual's
benefit wages, the employer’s benefit wages, the employer’s benefit
wage ratio, the State experience factor, the increase of contribution
rates, the decrease of contributions, the acquisition of liable businesses
and a saving clause.
[S 174]
Approved March 11, 1954
Be it enacted by the General Assembly of Virginia:
1. That §§ 60-20, 60-22 as amended, 60-42 as amended, 60-45, 60-46, 60-47
as amended, 60-49, 60-67, 60-68 as amended, 60-69, 60-70, 60-71, 60-73,
60-73.1 as amended and 60-75 of the Code of Virginia be amended and
reenacted, and that the Code of Virginia be amended to add a section
numbered 60-118, the amended and new sections being as follows: °
§ 60-20. Unemployment.—An individual shall be deemed “unem-
ployed” in any week during which he performs no services and with
respect to which no wages are payable to him, or in any week of less than
full time work if the wages payable to him with respect to such week are
less than his weekly benefit amount. An individual’s week of unemploy-
ment shall be deemed to commence only after his registration at an employ-
me office, except as the Commission may by regulation otherwise pre-
scribe.
§ 60-22. Wages.—‘‘Wages” means all remuneration payable for per-
sonal services, including commissions and bonuses and the cash value of all
remuneration payable in any medium other than cash. The reasonable cash
value of remuneration payable in any medium other than cash shall be
estimated and determined in accordance with rules prescribed by the Com-
mission. But the term “wages” shall not include:
(1) Subsequent to the thirty-first day of December, nineteen hundred
fifty, for purposes of contributions only, that part of the remuneration
which, after remuneration (other than remuneration referred to in the
succeeding paragraphs of this section) equal to three thousand dollars *
is payable during any calendar year to an individual by an employer with
respect to employment, is payable during such calendar year to such
individual by such employer with respect to employment in this Common-
wealth or any other state. If an employer (hereinafter referred to as
successor employer) during any calendar year acquires substantially all
of the property used in a trade or business of another employer (herein-
after referred to as a predecessor), or used in a separate unit of a trade or
business of a predecessor, and immediately after the acquisition employs
in his trade or business an individual who immediately prior to the ac-
quisition was employed in the trade or business of such predecessor, then,
for the purpose of determining whether * remuneration (other than re-
muneration referred to in the succeeding paragraphs of this section) with
respect to employment equal to three thousand dollars is payable by the
successor to such individual during such calendar year, any remuneration
(other than remuneration referred to in the succeeding paragraphs of this
section) with respect to employment * payable (or considered under this
paragraph as * payable) to such individual by such predecessor during
such calendar year and prior to such acquisition shall be considered as *
payable by such successor employer.
(2) The amount of any payment (including any amount paid by an
employer for insurance or annuities, or into a fund, to provide for any
such payment) made to, or on behalf of, an employee or any of his de-
pendents under a plan or system established by an employer which makes
provisions for his employees generally (or for his employees generally and
their dependents) or for a class or classes of his employees (or for a class
or classes of his employees and their dependents), on account of (a)
retirement, or (b) sickness or accident disability, or (c) medical or hos-
pitalization expenses in connection with sickness or accident disability, or
death
(3) The payment by an employer (without deduction from the re-
muneration of the employee) of the tax imposed upon an employer under
section 1400 of the Federal Internal Revenue Code;
i) Dismissal payments which the employer is not legally required to
v 5) Any payment on account of sickness or accident disability, or
medical or hospitalization expenses in connection with sickness or accident
disability, made by an employer to, or on behalf of, an employee after the
expiration of six calendar months following the last calendar month in
which the employee worked for such employer. Provided, however, that
this subsection shall be applicable only with respect to remuneration paid
after 1950;
(6) Remuneration paid in any medium other than cash to an employee
for service not in the course of the employer’s trade or business; or
(7) Any payment (other than vacation or sick pay) made to an em-
ployee after the month in which he attains the age of sixty-five, if he did
not work for the employer in the period for which such payment is made.
§ 60-42. Weekly benefit amount.—Commencing May first, nineteen
hundred fifty-*four, an eligible individual’s weekly ‘“‘benefit amount” shall
be the amount appearing in Column B in the “Benefit Table” in this section
on the line on which in Column A of such table, there appears the total
wages for insured work earned by such individual in that quarter of his
base period in which such total wages were highest. Notwithstanding any
provisions of §§ 60-41 to 60-45, whenever it appears that a claimant will
be denied benefits for the lack of sufficient “Qualifying Earnings” as shown
in Column C of the “Benefit Table”, he shall not for that reason alone be
denied benefits, but shall be entitled to have the claim processed according
to the line on such “Benefit Table” next above the line in which his ‘““Highest
Quarter Earnings” are found.
Col’n
A
Highest
Quarter
Earnings
25.00
150.00
150.01
175.00
175.01
200.00
200.01
225.00
225.01
250.00
250.01
275.00
275.01
300.00
300.01
325.00
325.01
350.00
350.01
375.00
Col’n
B
Weekly
Benefit
Amount
6.00
7.00
8.00
9.00
10.00
11.00
12.00
13.00
14.00
15.00
Col’n
C
Qualifying
Earnings
100.00
175.00
200.00
225.00
250.00
275.00
300.00
325.00
350.00
375.00
6
Weeks
100.00
150.00
175.00
182.00
200.00
208.00
225.00
234.00
250.00
260.00
275.00
286.00
300.00
312.00
325.00
338.00
350.00
364.00
375.00
390.00
7
Weeks
150.01
170.00
182.01
210.00
208.01
240.00
234.01
270.00
260.01
300.00
286.01
330.00
312.01
360.00
338.01
390.00
364.01
420.00
390.01
450.00
BENEFIT TABLE
8
Weeks
170.01
190.00
210.01
238.00
240.01
272.00
270.01
306.00
300.01
340.00
330.01
374.00
360.01
408.00
390.01
442.00
420.01
476.00
450.01
510.00
9
Wecks
190.01
210.00
238.01
266.00
272.01
304.00
306.01
342.00
340.01
380.00
374.01
418.00
408.01
456.00
442.01
494.00
476.01
532.00
510.01
570.00
DIVISION D
DURATION OF BENEFITS
10
Weeks
210.01
230.00
266.01
294.00
304.01
336.00
342.01
378.00
380.01
420.00
418.01
462.00
456.01
504.00
494.01
546.00
532.01
588.00
570.01
630.00
11
Weeks
230.01
250.00
294.01
322.00
336.01
368.00
378.01
414.00
420.01
460.00
462.01
506.00
504.01
002.00
546.01
598.00
588.01
644.00
630.01
690.00
12
Weeks
250.01
290.00
322.01
350.00
368.01
400.00
414.01
450.00
460.01
500.00
506.01
550.00
552.01
600.00
598.01
650.00
644.01
700.00
690.01
750.00
2,
13
Weeks
290.01
310.00
350.01
378.00
400.01
432.00
450.01
486.00
500.01
540.00
550.01
594.00
600.01
648.00
650.01
702.00
700.01
756.00
750.01
810.00
14
Weeks
310.01
330.00
378.01
406.00
432.01
464.00
486.01
522.00
540.01
580.00
594.01
638.00
648.01
696.00
702.01
754.00
756.01
812.00
810.01
870.00
15
Weeks
330.01
350.00
406.01
434.00
464.01
496.00
522.01
558.00
580.01
620.00
638.01
682.00
696.01
744.00
754.01
806.00
812.01
868.00
870.01
930.00
16
Weeks
350.01
and over
434.01
and over
496.01
and over
558.01
and over
620.01
and over
682.01
and over
744.01
and over
806.01
and over
868.01
and over
930.01
and over
Col’n
A
Highest
Quarter
Earnings
375.01
400.00
400.01
425.00
425.01
450.00
450.01
475.00
475.01
500.00
500.01
525.00
525.01*
950.00
5950.01
073.00
575.01
and over
Col’n
B
Weekly
Benefit
Amount
16.00
17.00
18.00
19.00
20.00
21.00
22.00
23.00
— 24.00
Col’n
C
Qualifying
Earnings
400.00
425.00
450.00
475.00
500.00
525.00
550.00
975.00
600.00
6
Weeks
400.00
416.00
425.00
442.00
450.00
468.00
475.00
494.00
500.00
520.00
525.00
546.00
550.00
572.00
575.00
598.00
600.01
624.00
7
Weeks
416.01
480.00
442.01
510.00
468.01
540.00
494.01
570.00
520.01
600.00
546.01
630.00
572.01 |
660.00
598.01
690.00
624.01
720.00
BENEFIT TABLE—Continued
8
Weeks
480.01
544.00
510.01
578.00
540.01
612.00
570.01
646.00
600.01
680.00
630.01
714.00
660.01
748.00
690.01
782.00
720.01
816.00
9
Weeks
544.01
608.00
578.01
646.00
612.01
684.00
646.01
722.00
680.01
760.00
714.01
798.00
748.01
836.00
782.01
874.00
816.01
912.00
DIVISION D
DURATION OF BENEFITS
10
Weeks
608.01
672.00
646.01
714.00
684.01
756.00
722.01
798.00
760.01
840.00
798.01
882.00
836.01
924.00
874.01
966.00
912.01
1008.00
11
Weeks
672.01
736.00
714.01
782.00
756.01
828.00
798.01
874.00
840.01
920.00
882.01
966.00
924.01
1012.00
966.01
1058.00
1008.01
1104.00
12
Wecks
736.01
800.00
782.01
850.00
828.01
900.00
874.01.
950.00
920.01
1000.00
966.01
1050.00
1012.01
1100.00
1058.01
1150.00
1104.01
1200.00
7
13
Weeks
800.01
864.00
850.01
918.00
900.01
972.00
950.01
1026.00
1000.01
1080.00
1050.01
1134.00
1100.01
1188.00
1150.01
1242.00
1200.01
1296.00
14
Weeks
864.01
928.00
918.01
986.00
972.01
1044.00
1026.01
1102.00
1080.01
1160.00
1134.01
1218.00
1188.01
1276.00
1242.01
1334.00
1296.01
1892.00
15
Weeks
928.01
992.00
986.01
1054.00
1044.01
1116.00
1102.01
1178.00
1160.01
1240.00
1218.01
1302.00
1276.01
1364.00
1334.01
1426.00
1392.01
1488.00
16
Weeks
992.01
and over
1054.01
and over
1116.01
and over
1178.01
and over
1240.01
and over
1302.01
and over
1364.01
and over
1426.01
and over
1488.01
and over
§ 60-45. Duration of benefits—The maximum total amount of bene-
fits payable to any individual during any benefit year shall be determined
from the “Benefit Table” shown in § 60-42, but in no case shall such maxi-
mum * for any one separation from an employer deemed responsible for
the individual’s current period of unemployment as defined in § 60-68, re-
gardless of the benefit year, exceed sixteen times such individual’s weekly
benefit amount. Such determination shall be based only upon wages earned
In insured work during such individual’s base period. The Commission
shall maintain a separate account for each individual who subsequent to
January first, 19387, earns wages in insured work. After the expiration
of each calendar quarter the Commission shall credit each individual’s ac-
count with the wages earned by him in insured work in such calendar
quarter.
§ 60-46. Benefit eligibility conditions—An unemployed individual
shall be eligible to receive benefits with respect to any week only if the
Commission finds that:
(a) He has registered for work and thereafter has continued to report
at an employment office in accordance with such regulations as the Com-
mission may prescribe, except that the Commission may, by regulation,
waive or alter either or both of the requirements of this subsection as to
such types of cases or situations with respect to which it finds that com-
pliance with such requirements would be oppressive, or would be incon-
sistent with the purposes of this title.
(b) He has made a claim for benefits in accordance with such regula-
tions as the Commission may prescribe.
(c) He is able to work,and is available for work.
(d) He has served a waiting period of one week during which he was
eligible for benefits under this section in all other respects, and has not re-
ceived benefits; except that only one waiting period week shall be required
of such individual within any benefit year.
(e) He has within his base period earned wages in employment for
employers equal to not less than the amount appearing in Column C of the
“Benefit Table” appearing in § 60-42 on the line which extends through
Division D on which in Column B of the “Benefit Table” appears his weekly
benefit amount.
(f) Heis not receiving, has not received or is not seeking
(1) unemployment benefits under an unemployment compensation law
of any other state or of the United States, provided, however, that if the
appropriate agency of such other state or of the United States finally
determines that he is not entitled to such unemployment benefits, this
subsection shall not apply.
§ 60-47. Disqualification for benefits—An individual shall be dis-
qualified for benefits, but only after having served a waiting period as pro-
vided in § 60-46:
(a) For five consecutive weeks, if it is determined by the Commission
that such individual is, during any week for which he claims benefits,
unemployed because he left work voluntarily without good cause.
(b) For not less than five nor more than nine consecutive weeks, if it
is determined that such individual is, during any week for which he claims
benefits, unemployed because he has been discharged for misconduct con-
nected with his work.
(c) For not less than six nor more than nine consecutive weeks, if it
is determined by the Commission that such individual has failed, without
good cause, either to apply for available, suitable work when so directed by
the employment office or the Commission or to accept suitable work when
offered him. A disqualification under this subsection shall be imposed for
weeks following the weeks during which any disqualification may have been
imposed under subsections (a) or (b) of this section.
in determining whether or not any work is suitable for an individual,
the Commission shall consider the degree of risk involved to his health,
safety and morals, his physical fitness and prior training, his experience,
his length of unemployment and the accessibility of the available work
from his residence.
Notwithstanding any other provisions of this title, no work shall be
deemed suitable and benefits shall not be denied under this title to any
otherwise eligible individual for refusing to accept new work under any of
the following conditions: (1) If the position offered is vacant due directly
to a strike, lockout, or other labor dispute; (2) if the wages, hours or other
conditions of the work offered are substantially less favorable to the in-
dividual than those prevailing for similar work in the locality; (3) if asa
condition of being employed the individual would be required to join a
company union or to resign from or refrain from joining any bona fide
labor organization.
(d) For any week with respect to which the Commission finds that his
total or partial unemployment is due to a stoppage of work which exists
because of a labor dispute at the factory, establishment, or other premises
at which he is or was last employed, provided that this subsection shall not
apply if it is shown to the satisfaction of the Commission that:
(1) He is not participating in or financing or directly interested in the
labor dispute which caused the stoppage of work; and
(2) He does not belong to a grade or class of workers of which, im-
mediately before the commencement of the stoppage, there were members
employed at the premises at which the stoppage occurs, any of whom are
participating in or financing or directly interested in the dispute.
Provided, that if in any case separate branches of work which are
commonly conducted as separate businesses in separate premises are con-
ducted in separate departments of the same premises, each such depart-
ment shall, for the purposes of this subsection, be deemed to be a separate
factory, establishment, or other premises.
(e) * When an individual is disqualified for benefits under subsections
(a) or (b) or (c) of this section, the total amount of benefits to which he
may otherwise be entitled in accordance with §§ 60-41 to 60-45 shall be
reduced by an amount equal to the product of the number of weeks for
which he shall be disqualified multiplied by his weekly benefit amount. *
§ 60-49. Determinations and decisions by deputy; appeals there-
from.—A representative designated by the Commission, and hereinafter
referred to as a deputy, shall promptly examine the claim and, on the basis
of the facts found by him, shall either determine whether or not such claim
is valid, and if valid, the week with respect to which benefits shall com-
mence, the weekly benefit amount payable and the maximum duration
thereof, or shall refer such claim or any question involved therein to any
appeal tribunal or to the Commission, which tribunal or Commission shall
make its determination with respect thereto in accordance with the pro-
cedure described in § 60-50, except that in any case in which the payment
or denial of benefits will be determined by the provision of subsection (d)
of § 60-47, the deputy shall promptly transmit his full finding of fact with
respect to that subsection to the Commission, which, on the basis of the
evidence submitted and such additional evidence as it may require, shall
affirm, modify or set aside such findings of fact and transmit to the deputy
a decision upon the issues involved under that subsection.
Upon the filing of an initial claim for benefits, the Commission shall
cause an informatory notice of such filing to be mailed to the most recent
228 ~ ACTS OF ASSEMBLY [vVA., 1954
employing unit of the claimant, but the failure to furnish such notice shall
not have any effect upon the claim for benefits.
Notice of determination upon a claim shall be promptly given to the
claimant by delivery thereof or by mailing such notice to the claimant’s
last known address. In addition, notice of any determination which in-
volves the application of the provisions of § 60-47, together with the reasons
therefor, shall be promptly given in the same manner to the most recent
employing unit by whom the claimant was last employed; provided that the
Commission may dispense with the giving of notice of any determination
to any employing unit and such employing unit shall not be entitled to such
notice if it has failed to indicate prior to the determination, as required by
regulation promulgated by the Commission, that the claimant may be
ineligible or disqualified under any provision of this title. The deputy shall
promptly notify the claimant of any decision made by him at any time
which in any manner denies benefits to the claimant for one or more weeks.
Unless the claimant or any such employing unit, within five calendar
days after the delivery of such notification, or within seven calendar days
after such notification was mailed to his last known address, or within ten
days after such notification was mailed to the last known address of an
interstate claimant, files an appeal from such determination or decision,
such determination or decision shall be final and benefits shall be paid or
denied in accordance therewith.
If an appeal is duly filed from any such determination or decision,
benefits with respect to the weeks involved in the appeal shall be paid only
after a final determination of the issue involved; provided, that if * the
Commission affirms a decision of an appeal tribunal, allowing benefits, such
benefits shall be paid regardless of any appeal which may thereafter be
taken, except that should further appeal be taken benefits so paid shall
result in a benefit wage charge to the account of the employer under
§§ 60-58 to 60-76 only when and as of the date on which, as a result of a
further appeal, the courts finally determine that the Commission should
have awarded benefits to the claimant or claimants involved in such appeal.
§ 60-67. General provisions.—For each calendar year commencing
after December thirty-first, nineteen hundred fifty-*three, the contribution
rate of each employer, * whose experience rating account has been charge-
able with benefits throughout the most recent three consecutive completed
calendar years, * shall be computed as hereinafter provided. For the pur-
poses of this article the payrolls, contributions and benefit experience of all
employers subject to the provisions of the Federal Railroad Unemployment
Insurance Act shall be excluded in all computations to determine contribu-
tion rates. The Commission shall notify each such employer of his contri-
bution rate for such calendar year not later than fifteen days prior to the
due date of the first contribution with respect to employment in such
calendar year, but the failure of any such employer to receive such notice
shall not relieve him from liability for such contribution.
§ 60-68. Individual’s benefit wages.—Effective May first, nineteen
hundred fifty-*four, when in any benefit year an individual is paid bene-
fits * equal to three times his weekly benefit amount his wages during his
base period shall be termed the individual’s “‘benefit * wages”. If such
individual’s unemployment is caused by separation from an employer
subject to this title, such individual’s * “benefit wages’ shall be treated
for the purposes of this article as though they had been paid by such
employer in the calendar year in which such benefits are first paid. The
employer from whom such individual was separated, resulting in the
current period of unemployment, shall be the most recent employer for
whom such individual has performed services for remuneration during
thirty days, whether or not such days are consecutive. For the purposes
of this article, “benefit wages” shall include only the first * fifteen hundred
and * thirty-six dollars of wages received by any one individual from all
employers in such individual’s base period.
* An individual’s “benefit wages’ shall not be treated as though they
had been paid by an employer subject to this title if such employer is
deemed to have paid, under this section, other “benefit wages” of such in-
dividual arising out of the same separation from work.
§ 60-69. Employer’s benefit wages.—Any employer’s benefit wages
for a given calendar year shall be the total of the “benefit wages’ which,
pursuant to the provisions of § 60-68, * are wages deemed to have been
paid by such employer. *
§ 60-70. Benefit wage ratio. The “benefit wage ratio” of each em-
ployer shall be the percentage equal to the * employer’s benefit wages * for
the most recent three consecutive completed calendar years, divided by the
total of his annual payrolls (on which contributions have been paid on or
before January thirty-first of the calendar year with respect to which his
contribution rate is being computed) for the same three years.
§ 60-71. State experience factor.—For any calendar year the “State
experience factor” shall be the total benefits paid from the fund during the
most recent three consecutive completed calendar years, less all amounts
credited to the fund in such years other than employers’ contributions,
divided by the total of the “benefit wages’”’ of all * individuals as determined
pursuant to § 60-68 during the same three consecutive completed calendar
years. In such computation any fraction shall be adjusted to the nearest
multiple of one per centum.
§ 60-73. Increase of contribution rate.—At the end of each calendar
quarter starting on March thirty-first, nineteen hundred * fifty-four the
balance which shall stand to the credit of the account of the Commonwealth
of Virginia in the Unemployment Trust Fund in the treasury of the United
States, including amounts withdrawn therefrom but not expended at the
end of such quarter, and excluding any amount transferable to the Rail-
road Unemployment Compensation Fund, shall be compared with the *
average of taxable payrolls on which contributions were paid during the
three preceding calendar years.
If such balance is less than * five per centum * but greater than four
and three-fourths per centum of the average of such taxable payrolls, the
contribution rate * then applicable to each employer * shall be increased to
the next * rate to the right in the table set out in § 60-72. *
If such balance is four and three-fourths per centum or less than four
and three-fourths per centum of the average of such taxable payrolls, the
contribution rate then applicable to each employer shall be increased to
the second rate to the right in the table set out in § 60-72.
No employer’s contribution rate under this section shall be increased to
a total of more than two and seven-tenths per centum.
§ 60-73.1. Decrease of contributions by application of credits.—As of
the * beginning of the first day of January, nineteen hundred fifty-*four,
and * as of the beginning of the first day of January of each succeeding
calendar year, the balance which shall stand to the credit of the account of
the Commonwealth of Virginia in the unemployment trust fund in the
treasury of the United States, including amounts withdrawn therefrom but
not expended and including any amount in the clearing account without
regard to possible refunds, shall be compared with the * average of taxable
payrolls on which contributions were paid during the three preceding
calendar years.
If such balance is as much as seven per centum but not as much as
seven and one-fourth per centum of the * average of such taxable payrolls,
each employer who is assigned a contribution rate for the calendar year of
less than two and seven-tenths per centum on the basis of his and/or his
predecessor's experience shall be entitled to a credit of twenty per centum
of the * contributions * accruing and payable by him * for any of the en-
suing four * calendar quarters * beginning the first day of January on
which such balance is determined.
If such balance is as much as seven and one-fourth per centum of the *
average of such taxable payrolls each employer who is assigned a contribu-
tion rate for the calendar year of less than two and seven-tenths per centum
on the basis of his and/or his predecessor’ s experience shall be entitled to
a credit of forty per centum of the * contributions * accruing and payable by
him * for any of the ensuing four * calendar quarters* beginning the first
day of January on which such balance is determined.
Any credit so determined shall be applied by the Commission as a pay-
ment and corresponding decrease in contributions accruing * for such en-
suing four calendar quarters. *
Notice in writing of the * entitlement to a credit shall be given by the
Commission to * each employer not later than fifteen days prior to the due
date of the first contribution with respect to employment in each year,
and such notice shall be mailed to each employer at his last known
address. *
§ 60-75. Employing unit acquiring business, etc., of another employ-
ing unit.—Wherever any employing unit in any manner succeeds to or ac-
quires the organization, trade, separate establishment or business, or sub-
stantially all the assets thereof, (whether or not the succeeding or acquir-
ing unit was an “employing unit”, as that term is defined in § 60-13, prior
to such acquisition) of another which at the time of such acquisition was
an employer subject to this title, and such predecessor employing unit
within sixty days after the Commission has notified the successor employ-
ing unit of its right to request a waiver, has executed and filed with the
Commission on a form approved by the Commission together with such tn-
formation regarding the prior experience of the predecessor as may be re-
quired by the Commission, a waiver relinquishing all rights to prior ex-
perience for the purpose of obtaining a reduced rate and requesting the
Commission to permit such experience to inure to the benefit of the suc-
cessor employing unit, upon request of the successor employing unit with-
in the same sixty day period, the experience record for rate computation
purposes of the predecessor shall thereupon be deemed the experience
record of the successor as of the first day of January of the calendar year*
following the year in which the * acquisition occurred. Such successor,
unless already an employer subject to this title, shall, during the remainder
of the current calendar year upon the filing of the waiver herein mentioned
within the period specified, be subject to the rate of taxation of the prede-
cessor, but if such successor is at the time of the * acquisition an employer
subject to this title, such successor’s rate of tax to which it is then subject
shall remain the same until the next determination of rates under this
chapter for all employers.
Notwithstanding any other provisions of this section, if the required
forms and information concerning the acquisition are not received from the
successor and predecessor within the time prescribed herein, the experience
record for rate computation purposes shall be deemed transferred to the
successor as of the first day of January following the calendar year in
which such forms and information are received.
This section shall apply only to acquisitions occurring on or after the
first day of January nineteen hundred fifty-four.
§ 60-118.—The General Assembly reserves the right to amend or re-
peal all or any part of this act at any time; and there shall be no vested
private right of any kind against such amendment or repeal. All the rights,
privileges, or immunities conferred by this act or by acts done pursuant
thereto shall exist subject to the power of the General Assembly to amend
or repeal this act at any time.
2. An emergency exists and this act is in force from its passage.