Mass. Gen. Laws ch. 151A, sec. 53A — MA Code / Part I / Title XXI / Chapter 151A / Section 53A
Unemployment Trust Fund; money credited to commonwealth's account; use; records
Status: in_force

Section 53A. Money credited to the commonwealth's account in the Unemployment Trust Fund by the secretary of the treasury of the United States, pursuant to section nine hundred and three of the federal social security act, as amended, may be (1) withdrawn for the payment of benefits under this chapter, (2) withdrawn for payment of fees authorized under the treasury offset program described in section 14Q and paid to the Financial Management Service, a bureau of the Department of the Treasury, and (3) requisitioned and used for the payment of expenses incurred for the administration of this chapter and for public employment offices pursuant to a specific legislative appropriation; provided, that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:— (a) specifies the purposes for which such money is appropriated and the amounts appropriated therefor; (b) limits the period within which such money may be expended to a period ending not more than two years after the date of the enactment of the appropriation law; and (c) limits the amount which may be used during a twelve-month period beginning on July first and ending on the next June thirtieth to an amount which does not exceed the amount by which the aggregate of the amounts credited to the commonwealth's account pursuant to section nine hundred and three of the federal social security act, as amended, during the same twelve-month period and the twenty-four preceding twelve-month periods, or such greater number of preceding twelve-month periods as may be established by amendment of section nine hundred and three of the federal social security act, exceeds the aggregate of the amounts used pursuant to this subsection and charged against the amounts credited to the commonwealth's account during any of such twenty-five twelve-month periods or such greater number of twelve-month periods as may be established by amendment of section nine hundred and three of the federal social security act. For the purposes of this subsection, amounts used during any such twelve-month period shall be charged against equivalent amounts which were first credited and which are not already so charged; except that no amount obligated during any such twelve-month period may be charged against any amount credited during such a twelve-month period earlier than the twenty-fourth preceding such period or such earlier preceding period as may be established by amendment of section nine hundred and three of the federal social security act. Notwithstanding any of the foregoing provisions of this section or the provisions of any other general or special law to the contrary, with respect to federal fiscal years 1999, 2000, and 2001 funds credited to said Unemployment Trust Fund pursuant to section 903 of the federal social security act shall be used solely for the administration of this chapter and shall not be subject to appropriation. Moneys requisitioned for the payment of expenses of administration pursuant to this section shall be deposited in a separate account to be established by the commissioner but, until encumbered or expended, shall remain a part of the Unemployment Compensation Fund. The commissioner shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. If any money so deposited is, for any reason, not to be expended for the purpose for which it was appropriated, or if it remains unexpended at the end of the period specified by the law appropriating such moneys, it shall be withdrawn and returned to the secretary of the treasury of the United States for credit to the commonwealth's account in the Unemployment Trust Fund.

Section 53A. Money credited to the commonwealth's account in the Unemployment Trust Fund by the secretary of the treasury of the United States, pursuant to section nine hundred and three of the federal social security act, as amended, may be (1) withdrawn for the payment of benefits under this chapter, (2) withdrawn for payment of fees authorized under the treasury offset program described in section 14Q and paid to the Financial Management Service, a bureau of the Department of the Treasury, and (3) requisitioned and used for the payment of expenses incurred for the administration of this chapter and for public employment offices pursuant to a specific legislative appropriation; provided, that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:— (a) specifies the purposes for which such money is appropriated and the amounts appropriated therefor; (b) limits the period within which such money may be expended to a period ending not more than two years after the date of the enactment of the appropriation law; and (c) limits the amount which may be used during a twelve-month period beginning on July first and ending on the next June thirtieth to an amount which does not exceed the amount by which the aggregate of the amounts credited to the commonwealth's account pursuant to section nine hundred and three of the federal social security act, as amended, during the same twelve-month period and the twenty-four preceding twelve-month periods, or such greater number of preceding twelve-month periods as may be established by amendment of section nine hundred and three of the federal social security act, exceeds the aggregate of the amounts used pursuant to this subsection and charged against the amounts credited to the commonwealth's account during any of such twenty-five twelve-month periods or such greater number of twelve-month periods as may be established by amendment of section nine hundred and three of the federal social security act. For the purposes of this subsection, amounts used during any such twelve-month period shall be charged against equivalent amounts which were first credited and which are not already so charged; except that no amount obligated during any such twelve-month period may be charged against any amount credited during such a twelve-month period earlier than the twenty-fourth preceding such period or such earlier preceding period as may be established by amendment of section nine hundred and three of the federal social security act.

Notwithstanding any of the foregoing provisions of this section or the provisions of any other general or special law to the contrary, with respect to federal fiscal years 1999, 2000, and 2001 funds credited to said Unemployment Trust Fund pursuant to section 903 of the federal social security act shall be used solely for the administration of this chapter and shall not be subject to appropriation.

Moneys requisitioned for the payment of expenses of administration pursuant to this section shall be deposited in a separate account to be established by the commissioner but, until encumbered or expended, shall remain a part of the Unemployment Compensation Fund. The commissioner shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. If any money so deposited is, for any reason, not to be expended for the purpose for which it was appropriated, or if it remains unexpended at the end of the period specified by the law appropriating such moneys, it shall be withdrawn and returned to the secretary of the treasury of the United States for credit to the commonwealth's account in the Unemployment Trust Fund.