reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.942 - Competitive market presumed to exist, when — reasonable degree of competition, factors.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jan 1994, see footnote
287.942. Competitive market presumed to exist, when — reasonable degree of competition, factors. —
1. A competitive market is presumed to exist unless the director, after hearing, determines that a reasonable degree of competition does not exist in the market and the director issues an order to that effect. Such an order shall expire no later than one year after issue. In determining whether a reasonable degree of competition exists, the director may consider relevant tests of workable competition pertaining to market structure, market performance and market conduct. For the purposes of this section,
"market"
shall mean the statewide workers' compensation and employers' liability lines of business.
2. In determining whether a reasonable degree of competition exists, the following factors shall be considered:
(1) Generally accepted and relevant tests of competition pertaining to market structure, market performance and market conduct;
(2) Market concentration as measured by the Herfindahl-Herschman Index;
(3) The number of insurers transacting workers' compensation insurance in the market;
(4) Insurer market shares and changes in market shares;
(5) Ease of entry into the market;
(6) Whether long-term profitability for insurers in the market is unreasonably high in relation to the risks being insured; and
(7) Whether long-term profitability for insurers in the market is reasonable in relation to industries of comparable business risk.
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(L. 1993 S.B. 251 § 22)
Effective 1-01-94
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.945 - Director to monitor degree of competition, purpose.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jan 1994, see footnote
287.945. Director to monitor degree of competition, purpose. —
In determining whether or not a competitive market exists pursuant to section 287.942, the director shall monitor the degree of competition in this state. In doing so, the director shall use existing relevant information, analytical systems and other sources; cause or participate in the development of new relevant information, analytical systems and other sources; or rely on some combination thereof. Such activities may be conducted internally within the department of commerce and insurance, in cooperation with other state insurance departments, through outside contractors or in any other appropriate manner.
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(L. 1993 S.B. 251 § 23)
Effective 1-01-94
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.947 - Insurers to file rate information in competitive market with the director, purpose — noncompetitive market, information filed — form of filing — public inspection.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jan 1994, see footnote
287.947. Insurers to file rate information in competitive market with the director, purpose — noncompetitive market, information filed — form of filing — public inspection. —
1. In a competitive market, every insurer shall file with the director all rates and supplementary rate information which is to be used in this state, except as provided in section 287.955. Such rates and supplementary rate information shall be filed not later than thirty days after the effective date. If the director finds, after a hearing, that an insurer's rates require closer supervision because of the insurer's financial condition or unfairly discriminatory rating practices, the insurer shall file with the director at least thirty days before the effective date, all such rates and such supplementary rate information and supporting information as prescribed by the director. Upon application by the filer, the director may authorize an earlier effective date.
2. In a noncompetitive market every insurer shall file with the director all rates and supplementary rate information which is to be used in this state, except as provided in section 287.942. Such rates and supplementary rate information and supporting information required by the director shall be filed at least thirty days before the effective date. Upon application by the filer, the director may authorize an earlier effective date.
3. Rates filed pursuant to this section shall be filed in such form and manner as prescribed by the director. In a noncompetitive market, whenever a filing is not accompanied by such information as the director has required under this section, the director shall so inform the insurer within fifteen days and the filing shall not be deemed to be made until the information is furnished or the insurer certifies that the additional information is not maintained or cannot be provided.
4. All rates, supplementary rate information and any supporting information for risks filed under sections 287.930 to 287.975 shall, as soon as filed, be open to public inspection at any reasonable time. Copies may be obtained by any person on request and upon payment of a reasonable charge.
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(L. 1993 S.B. 251 § 24)
Effective 1-01-94
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.950 - Competitive market, rates not to be excessive, inadequate, unfairly discriminatory.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jan 1994, see footnote
287.950. Competitive market, rates not to be excessive, inadequate, unfairly discriminatory. —
1. Rates in a competitive market shall not be excessive, inadequate or unfairly discriminatory. Rates are excessive if it is likely to produce a long-run profit that is unreasonably high for the insurance provided or if expenses are unreasonably high in relation to services rendered. Rates are not inadequate unless clearly insufficient to sustain projected losses and expenses and the use of such rates, if continued, will tend to create a monopoly in the market. A rate is inadequate if funds equal to the full ultimate cost of anticipated losses and loss adjustment expenses are not produced when the prospective loss costs are applied to anticipated payrolls.
2. Unfair discrimination exists if, after allowing for practical limitations, price differentials fail to reflect equitably the differences in expected losses and expenses. A rate is not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expenses, or like expenses but different loss exposures, so long as the rate reflects the differences with reasonable accuracy.
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(L. 1993 S.B. 251 § 25)
Effective 1-01-94
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.952 - Rate standards in noncompetitive market, factors.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jan 1994, see footnote
287.952. Rate standards in noncompetitive market, factors. —
In determining whether rates comply with the excessiveness standard in a noncompetitive market, the inadequacy standard and the unfair discrimination standard, the following criteria shall apply:
(1) Due consideration may be given to past and prospective loss and expense experience within and outside of this state, to catastrophe hazards and contingencies, to events or trends within and outside of this state, to loadings for leveling premium rates over time, for dividends or savings to be allowed or returned by insurers to their policyholders, members or subscribers, and to all other relevant factors, including judgment;
(2) The expense provisions included in the rates to be used by an insurer shall reflect the operating methods of the insurer and, so far as it is credible, its own actual and anticipated expense experience;
(3) The rates may contain provisions for contingencies and an allowance permitting a reasonable profit. In determining the reasonableness of profit, consideration should be given to all investment income attributable to premiums and the reserves associated with those premiums.
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(L. 1993 S.B. 251 § 26)
Effective 1-01-94
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.957 - Experience rating plan, contents.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 2016, 2 histories
287.957. Experience rating plan, contents. —
The experience rating plan shall contain reasonable eligibility standards, provide adequate incentives for loss prevention, and shall provide for sufficient premium differentials so as to encourage safety. The uniform experience rating plan shall be the exclusive means of providing prospective premium adjustment based upon measurement of the loss-producing characteristics of an individual insured. An insurer may submit a rating plan or plans providing for retrospective premium adjustments based upon an insured's past experience. Such system shall provide for retrospective adjustment of an experience modification and premiums paid pursuant to such experience modification where a prior reserved claim produced an experience modification that varied by greater than fifty percent from the experience modification that would have been established based on the settlement amount of that claim. The rating plan shall prohibit an adjustment to the experience modification of an employer if the total medical cost does not exceed twenty percent of the current split point of primary and excess losses under the uniform experience rating plan, and the employer pays all of the total medical costs and there is no lost time from the employment, other than the first three days or less of disability under subsection 1 of section 287.160, and no claim is filed. An employer opting to utilize this provision maintains an obligation to report the injury under subsection 1 of section 287.380.
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(L. 1993 S.B. 251 § 28, A.L. 2005 S.B. 1 & 130, A.L. 2016 S.B. 613 merged with S.B. 700)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.962 - Hearings, when, conduct of — findings made, when — right to judicial determination.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jan 1994, see footnote
287.962. Hearings, when, conduct of — findings made, when — right to judicial determination. —
1. Any hearing under this section shall be held at a place designated by the director and upon not less than thirty days' written notice to the insurer or the advisory organization. A full stenographic record shall be prepared for any hearing held pursuant to this section. The hearing may be conducted by a hearing officer designated by the director. All orders and determinations shall be based on findings of fact and conclusions of law.
2. The director shall make written findings and conclusions and shall set them forth in an order issued within twenty days of the close of the record. A hearing under this section shall not be adjourned or recessed except upon application of an insurer or the advisory organization. An application to adjourn or recess shall be for extraordinary circumstances and not for the purpose of delay. The grounds for any adjournment or recess of a hearing conducted pursuant to this section shall be specifically stated in the record.
3. Any insurer or the advisory organization may obtain a judicial declaration as to the validity of any order by bringing an action for declaratory relief. The right to judicial determination shall not be affected by the failure to seek reconsideration of the order. The order may be declared invalid for failure to comply with the provisions of sections 287.930 to 287.975. The review of any such order shall be on the basis of the record of the proceedings before the director and shall be affirmed if supported by competent and substantial evidence upon the whole record.
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(L. 1993 S.B. 251 § 30)
Effective 1-01-94
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.965 - Aggrieved party may file application with director, hearing held, when — findings, effect of.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jan 1994, see footnote
287.965. Aggrieved party may file application with director, hearing held, when — findings, effect of. —
1. Any person or organization aggrieved with respect to any filing which is in effect may make written application to the director for a hearing thereon, except that the insurer or rating organization that made the filing shall not be authorized to proceed under this subsection. Such application shall specify the grounds to be relied upon by the applicant. If the director finds that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall, within thirty days after receipt of such application, hold a hearing upon not less than ten days' written notice to the applicant and to every insurer which made such filing.
2. If, after such hearing, the director finds that the filing does not meet the requirements of sections 287.930 to 287.975, he shall issue an order specifying in what respects he finds that such filing fails to meet the requirements of sections 287.930 to 287.975, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of such order shall be sent to the applicant and to every such insurer. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in such order.
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(L. 1993 S.B. 251 § 31)
Effective 1-01-94
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.967 - Advisory organization must obtain license, restrictions — license, application — designation of by director, duration.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jan 1994, see footnote
287.967. Advisory organization must obtain license, restrictions — license, application — designation of by director, duration. —
1. The advisory organization shall not provide any service relating to the rates of any insurance subject to sections 287.930 to 287.975, and no insurer shall use the services of such organization for such purposes unless the organization has obtained a license under subsection 3 of this section.
2. The advisory organization shall not refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services.
3. An organization applying for the license for designation as the advisory organization shall include with its application:
(1) A copy of its constitution; charter; articles of organization, agreement, association or incorporation; and a copy of its bylaws, plan of operation, and any other rules or regulations governing the conduct of its business;
(2) A list of its members and subscribers;
(3) The name and address of one or more residents of this state upon whom notices, process affecting it, or orders of the director may be served;
(4) A statement showing its technical qualifications for acting in the capacity for which it seeks a license; and
(5) Any other relevant information and documents that the director may require.
4. Every organization which has applied for the license shall notify the director of every material change in the facts or in the documents on which its application was based. Any amendment to a document filed under this section shall be filed at least thirty days before it becomes effective.
5. The director, upon a finding that an applicant and the individuals through whom it acts are competent, trustworthy and technically qualified to provide the services proposed, and that all requirements of law are met, shall issue one license to designate the advisory organization which specifies the authorized activity of the applicant. The director shall not issue the license if the proposed activity would tend to create a monopoly or to substantially lessen competition in the market.
6. The license issued pursuant to this section shall remain in effect until the licensee withdraws from the state or until the license is suspended or revoked. The director may at any time, after hearing, revoke or suspend the license of the advisory organization if it does not comply with the requirements and standards of sections 287.930 to 287.975.
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(L. 1993 S.B. 251 § 32)
Effective 1-01-94
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.970 - Advisory organization not to file rates on behalf of insurer, exception.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 01 Jan 1994, see footnote
287.970. Advisory organization not to file rates on behalf of insurer, exception. —
In addition to other prohibitions contained in sections 287.930 to 287.975, except as specifically permitted under section 287.972, the advisory organization shall not:
(1) Compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit; or
(2) File rates, supplementary rate information or supporting information on behalf of an insurer.
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(L. 1993 S.B. 251 § 33)
Effective 1-01-94
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 287 - Workers' Compensation Law › Section 287.975 - Pure premium rate, schedule of rates, filed with director, when — payroll differential, advisory organization to collect data, when, purpose — construction group, submission to advisory organization.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 287
• Effective - 28 Aug 2016, 2 histories
287.975. Pure premium rate, schedule of rates, filed with director, when — payroll differential, advisory organization to collect data, when, purpose — construction group, submission to advisory organization. —
1. The advisory organization shall file with the director every pure premium rate, every manual of rating rules, every rating schedule and every change or amendment, or modification of any of the foregoing, proposed for use in this state no more than thirty days after it is distributed to members, subscribers or others.
2. The advisory organization which makes a uniform classification system for use in setting rates in this state shall collect data for two years after January 1, 1994, on the payroll differential between employers within the construction group of code classifications, including, but not limited to, payroll costs of the employer and number of hours worked by all employees of the employer engaged in construction work. Such data shall be transferred to the department of commerce and insurance in a form prescribed by the director of the department of commerce and insurance, and the department shall compile the data and develop a formula to equalize premium rates for employers within the construction group of code classifications based on such payroll differential within three years after the data is submitted by the advisory organization.
3. The formula to equalize premium rates for employers within the construction group of code classifications established under subsection 2 of this section shall be the formula in effect on January 1, 1999. This subsection shall become effective on January 1, 2014.
4. For the purposes of calculating the premium credit under the Missouri contracting classification premium adjustment program, an employer within the construction group of code classifications may submit to the advisory organization the required payroll record information for the first, second, third, or fourth calendar quarter of the year prior to the workers' compensation policy beginning or renewal date, provided that the employer clearly indicates for which quarter the payroll information is being submitted.
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(L. 1993 S.B. 251 § 35, A.L. 2013 H.B. 404 & 614, A.L. 2016 S.B. 613 merged with S.B. 700)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.010 - Title of law.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1951, 2 histories
288.010. Title of law. —
This chapter shall be known and may be cited as the "Missouri Employment Security Law".
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(L. 1951 p. 564)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.020 - Public policy declared — construction of law.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1951, 2 histories
288.020. Public policy declared — construction of law. —
1. As a guide to the interpretation and application of this law, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to health, morals, and welfare of the people of this state resulting in a public calamity. The legislature, therefore, declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
2. This law shall be liberally construed to accomplish its purpose to promote employment security both by increasing opportunities for jobs through the maintenance of a system of public employment offices and by providing for the payment of compensation to individuals in respect to their unemployment.
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(L. 1951 p. 564)
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
(1964) As used in this section "fault" is not limited to conduct of the employee which is blameworthy or worthy of censure but means also failure of volition. Neely v. Industrial Comm. of Mo., Div. of Employment Security (A.), 379 S.W.2d 201.
(1977) Change in sick leave policy, rescheduling of working hours and change of wage payment dates was not "good cause" for voluntary termination of employment by claimant. Belle State Bank v. Industrial Commission Division of Employment Security (A.), 547 S.W.2d 841.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.035 - Owner and operator leasing motor vehicle with driver to a for-hire common or contract carrier not deemed employed for unemployment compensation, exception.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 2017, 2 histories
288.035. Owner and operator leasing motor vehicle with driver to a for-hire common or contract carrier not deemed employed for unemployment compensation, exception. —
Notwithstanding the provisions of section 288.034, in the case of an individual who is the owner, as defined in section 301.010, and operator of a motor vehicle which is leased or contracted with a driver to a for-hire common or contract motor vehicle carrier operating within a commercial zone as defined in section 390.020 or 390.041, or operating under a certificate issued by the Missouri department of transportation or by the United States Department of Transportation or any of its subagencies, such owner/operator shall not be deemed to be an employee, provided, however, such individual owner and operator shall be deemed to be in employment if the for-hire common or contract vehicle carrier is an organization described in Section 501(c)(3) of the Internal Revenue Code or any governmental entity.
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(L. 1985 H.B. 157 § 2, A.L. 1988 H.B. 1485, A.L. 2006 H.B. 1456, A.L. 2017 S.B. 8 merged with S.B. 222 merged with S.B. 225)
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.038 - Maximum weekly benefit amount defined.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Oct 2006, 2 histories, see footnote
288.038. Maximum weekly benefit amount defined. —
With respect to initial claims filed during calendar years 2004 and 2005, the
"maximum weekly benefit amount"
means four percent of the total wages paid to an eligible insured worker during that quarter of the worker's base period in which the worker's wages were the highest, but the maximum weekly benefit amount shall not exceed two hundred fifty dollars in the calendar years 2004 and 2005. With respect to initial claims filed during calendar years 2006 and 2007 the
"maximum weekly benefit amount"
means four percent of the total wages paid to an eligible insured worker during that quarter of the worker's base period in which the worker's wages were the highest, but the maximum weekly benefit amount shall not exceed two hundred seventy dollars in calendar year 2006 and the maximum weekly benefit amount shall not exceed two hundred eighty dollars in calendar year 2007. With respect to initial claims filed during calendar year 2008 and each calendar year thereafter, the
"maximum weekly benefit amount"
means four percent of the total wages paid to an eligible insured worker during the average of the two highest quarters of the worker's base period, but the maximum weekly benefit amount shall not exceed three hundred twenty dollars. If such benefit amount is not a multiple of one dollar, such amount shall be reduced to the nearest lower full dollar amount.
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(L. 1951 p. 564 § 288.030, A.L. 1957 p. 531 § 288.039, A.L. 1961 p. 430, A.L. 1965 p. 433, A.L. 1967 p. 394, A.L. 1972 H.B. 1017, A.L. 1975 S.B. 325, A.L. 1979 S.B. 477, A.L. 1984 H.B. 1251 & 1549, A.L. 1988 H.B. 1485, A.L. 1993 H.B. 502, A.L. 1994 S.B. 559, A.L. 1997 H.B. 472, A.L. 1999 H.B. 162 merged with S.B. 32, A.L. 2004 H.B. 1268 & 1211, A.L. 2006 H.B. 1456)
Effective 10-01-06
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.041 - Employer to provide notice of ineligibility for unemployment benefits, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1999
288.041. Employer to provide notice of ineligibility for unemployment benefits, when. —
Individuals whose services are not defined as employment pursuant to subsection 8 of section 288.034 or whose services are excluded from the term "employment" in subdivision (1) or (2) of subsection 9 of section 288.034 shall be provided a written notice by the employing unit that wages earned by the individual for services performed for this employing unit will not be used to determine insured worker status for unemployment benefits. Such notice shall be provided to each individual:
(1) At the time of initial employment, for all initial employments occurring on or after August 28, 1999;
(2) Upon the change in status of the employing unit's liability pursuant to this chapter;
(3) For all individuals employed by such employing unit as of August 28, 1999, within thirty days of August 28, 1999.
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(L. 1999 H.B. 162 merged with S.B. 32)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.046 - General assembly's intent to abrogate certain case law — determining misconduct, evidence of impairment.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Oct 2006, see footnote
288.046. General assembly's intent to abrogate certain case law — determining misconduct, evidence of impairment. —
1. In applying provisions of this chapter, it is the intent of the general assembly to reject and abrogate previous case law interpretations of "misconduct connected with work" requiring a finding of evidence of impairment of work performance, including but not limited to, the holdings contained in Baldor Electric Company v. Raylene Reasoner and Missouri Division of Employment Security, 66 S.W.3d 130 (Mo.App. E.D. 2001).
2. In determining whether misconduct connected with work has occurred, neither the state, any agency of the state, nor any court of the state of Missouri shall require a finding of evidence of impairment of work performance.
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(L. 2006 H.B. 1456)
Effective 10-01-06
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.051 - Temporary employees, defined, deemed to have voluntarily quit employment, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 2004
288.051. Temporary employees, defined, deemed to have voluntarily quit employment, when. —
1. For the purposes of this section,
"temporary help firm"
means a firm that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects.
"Temporary employee"
means an employee assigned to work for the clients of a temporary help firm.
2. A temporary employee of a temporary help firm will be deemed to have voluntarily quit employment if the employee does not contact the temporary help firm for reassignment prior to filing for benefits. Failure to contact the temporary help firm will not be deemed a voluntary quit unless the claimant has been advised of the obligation to contact the firm upon completion of assignments and that unemployment benefits may be denied for failure to do so.
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(L. 2004 S.B. 966 § 288.401)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.102 - Rules, procedures.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1995
288.102. Rules, procedures. —
No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1977 H.B. 707 § 2, A.L. 1981 S.B. 200, A.L. 1994 S.B. 559, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.113 - Employer's rate, how determined.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1996
288.113. Employer's rate, how determined. —
Each employer's rate for the twelve months commencing January first of any calendar year shall be determined on the basis of the employer's record through the preceding June thirtieth. In the event the division has been unable to calculate the rate, or the calculation of such rate by the division has not yet become final, in time to advise such employer of such rate a reasonable time before the date any contribution payment may be due, the rate in effect for the preceding calendar year shall be paid by each employer and an adjustment of any overpayment shall be permitted or additional payment demanded in the event of an underpayment, in connection with any different rate established for such calendar year, but no interest shall accrue on any such underpayment until the expiration of thirty days from the mailing of such demand.
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(L. 1951 p. 564 § 288.110, A.L. 1957 p. 531, A.L. 1965 p. 420, A.L. 1965 2d Ex. Sess. p. 927, A.L. 1967 pp. 396 and 401, subdiv. (1) of subsec. 1 of §288.120, A.L. 1994 S.B. 559, A.L. 1996 H.B. 1368)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.121 - Rate increased when average balance in fund is less than certain amount, how — rate calculations for certain years.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 2018, 4 histories
288.121. Rate increased when average balance in fund is less than certain amount, how — rate calculations for certain years. —
On October first of each calendar year, if the average balance, less any federal advances, of the unemployment compensation trust fund of the four preceding quarters (September thirtieth, June thirtieth, March thirty-first and December thirty-first of the preceding calendar year) is less than four hundred fifty million dollars, then each employer's contribution rate calculated for the four calendar quarters of the succeeding calendar year shall be increased by the percentage determined from the following table:
Balance in Trust Fund
Less Than
Equals or Exceeds
Percentage of Increase
$450,000,000
$400,000,000
10%
$400,000,000
$350,000,000
20%
$350,000,000
30%
­­For calendar years 2005, 2006, and 2007, the contribution rate of any employer who is paying the maximum contribution rate shall be increased by forty percent, instead of thirty percent as previously indicated in the table in this section.
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(L. 1984 H.B. 1251 & 1549, A.L. 1988 H.B. 1485, A.L. 1992 S.B. 626, A.L. 1993 H.B. 502, A.L. 1994 S.B. 559, A.L. 2004 H.B. 1268 & 1211, A.L. 2006 H.B. 1456, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.122 - If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table.

There are multiple enactments of 288.122
Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 16 Oct 2015, 4 histories, see footnote
*288.122. If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table. —
On October first of each calendar year, if the average balance, less any federal advances, of the unemployment compensation trust fund of the four preceding quarters (September thirtieth, June thirtieth, March thirty-first and December thirty-first of the preceding calendar year) is more than seven hundred twenty million dollars, then each employer's contribution rate calculated for the four calendar quarters of the succeeding calendar year shall be decreased by the percentage determined from the following table:
Balance in Trust Fund
Percentage
More Than
Equal to or Less Than
of Decrease
$720,000,000
$870,000,000
7%
$870,000,000
12%
­­Notwithstanding the table in this section, if the balance in the unemployment insurance compensation trust fund as calculated in this section is more than eight hundred seventy million dollars, the percentage of decrease of the employer's contribution rate calculated for the four calendar quarters of the succeeding calendar year shall be no greater than ten percent for any employer whose calculated contribution rate under section 288.120 is six percent or greater.
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(L. 1982 H.B. 1521, A.L. 1984 H.B. 1251 & 1549, A.L. 1988 H.B. 1485, A.L. 1992 S.B. 626, A.L. 1994 S.B. 559, A.L. 2004 H.B. 1268 & 1211, A.L. 2006 H.B. 1456, A.L. 2015 H.B. 150)
*Effective 10-16-15, see § 21.250. H.B. 150 was vetoed on May 5, 2015. The veto was overridden by the House on May 12, 2015, and by the Senate on September 16, 2015.
*Revisor's Note: This section was declared unconstitutional in Pestka et al. v. State, see 2016 annotation below.
(2016) Only bills returned by the Governor on or after the fifth day before the end of the regular legislative session can be taken up during September veto session, thus Senate veto session vote to override the Governor's veto of HB 150 was untimely. Pestka et al. v. State, No. SC95369 (Mo.).
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.122 - If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table — effective, when.

There are multiple enactments of 288.122
Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Oct 2006, 4 histories, see footnote
*288.122. If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table — effective, when. —
On October first of each calendar year, if the average balance, less any federal advances, of the unemployment compensation trust fund of the four preceding quarters (September thirtieth, June thirtieth, March thirty-first and December thirty-first of the preceding calendar year) is more than six hundred million dollars, then each employer's contribution rate calculated for the four calendar quarters of the succeeding calendar year shall be decreased by the percentage determined from the following table:
Balance in Trust Fund
Percentage
More Than
Equal to or Less Than
of Decrease
$600,000,000
$750,000,000
7%
$750,000,000
12%
­­Notwithstanding the table in this section, if the balance in the unemployment insurance compensation trust fund as calculated in this section is more than seven hundred fifty million dollars, the percentage of decrease of the employer's contribution rate calculated for the four calendar quarters of the succeeding calendar year shall be no greater than ten percent for any employer whose calculated contribution rate under section 288.120 is six percent or greater.
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(L. 1982 H.B. 1521, A.L. 1984 H.B. 1251 & 1549, A.L. 1988 H.B. 1485, A.L. 1992 S.B. 626, A.L. 1994 S.B. 559, A.L. 2004 H.B. 1268 & 1211, A.L. 2006 H.B. 1456)
Effective 10-01-06
*Revisor's Note: This section is reprinted in accordance with section 3.066. House Bill 150 in 2015 amended this section and was vetoed by the Governor. The override of the Governor's veto of House Bill 150 was declared unconstitutional as a violation of Art. III, Sec. 32, of the Missouri Constitution (see 2016 annotation below), rendering the repeal and reenactment of this section ineffective.
(2016) Only bills returned by the Governor on or after the fifth day before the end of the regular legislative session can be taken up during September veto version, thus Senate veto session vote to override the Governor's veto of HB 150 was untimely. Pestka et al. v. State, No. SC95369 (Mo.).
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.124 - Average annual payroll defined.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1967
288.124. Average annual payroll defined. —
The term
"average annual payroll"
as used in sections 288.113 to 288.127 means one-third of the total amount of taxable wages paid for insured work during the thirty-six consecutive months' period immediately preceding any July first calculation date; provided, however, if an employer during any one calendar half year in such period paid no wages for insured work, whether taxable or not, such employer's average annual payroll shall be twice the total amount of taxable wages paid by him in the calendar half year of such period wherein the taxable wages paid by him were highest, and except that for an employer who has been subject to the Missouri employment security law less than thirty-six months the term shall mean the total amount of taxable wages paid by him during the twelve-month period immediately preceding any July first calculation date. If an employer during any one calendar half year in such period paid no wages for insured work, such employer's average annual payroll shall be twice the total amount of taxable wages paid by him in the calendar half year during the twenty-four consecutive months preceding the July first calculation date wherein taxable wages paid by him were highest.
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(L. 1951 p. 564 § 288.110, A.L. 1957 p. 531, A.L. 1965 p. 420, A.L. 1965 2d Ex. Sess. p. 927, A.L. 1967 pp. 396 and 401, subdiv. (1) of subsec. 1 of § 288.120)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.125 - Voluntary payments by employer.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1967
288.125. Voluntary payments by employer. —
Any employer may make voluntary payments in addition to the contributions required under this law, which shall be credited to his account, in accordance with regulations established by the division. Such payments shall be included in the employer's account as of the preceding calculation date if they are made on or before the following January fifteenth. Such voluntary payments when accepted from an employer will not be refunded in whole or in part.
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(L. 1951 p. 564 § 288.110, A.L. 1957 p. 531, A.L. 1965 p. 420, A.L. 1965 2d Ex. Sess. p. 927, A.L. 1967 p. 396 § 288.120.2 and p. 401)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.126 - Ineligibility for rate calculation, rate used, positive and negative experience rate account balances.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1999
288.126. Ineligibility for rate calculation, rate used, positive and negative experience rate account balances. —
1. If an employer with a positive experience rate account balance is not eligible for a rate calculation after once becoming eligible because the employer did not have twelve consecutive calendar months immediately preceding the calculation date throughout which its account could have been charged with benefits, such employer's rate shall be no less than two and seven-tenths percent.
2. If an employer with a deficit experience rate account balance is not eligible for a rate calculation after once becoming eligible because the employer did not have twelve consecutive calendar months immediately preceding the calculation date throughout which its account could have been charged with benefits, such employer's rate shall be no less than five and four-tenths percent.
­­--------
(L. 1951 p. 564 § 288.110, A.L. 1957 p. 531, A.L. 1965 p. 420, A.L. 1965 2d Ex. Sess. p. 927, A.L. 1967 p. 396 § 288.120.3 and p. 401, A.L. 1975 S.B. 276, A.L. 1984 H.B. 1251 & 1549, A.L. 1994 S.B. 561, A.L. 1998 S.B. 922, A.L. 1999 H.B. 162 merged with S.B. 32)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.132 - Unemployment automation fund created, use of moneys.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Jan 2023, 2 histories, see footnote
288.132. Unemployment automation fund created, use of moneys. —
1. There is hereby created in the state treasury the "Unemployment Automation Fund", which shall consist of money collected pursuant to section 288.133, and such other state funds appropriated by the general assembly. The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180. Upon appropriation, money in the fund shall be used solely for the purpose of providing automated systems, and the payment of associated costs, to improve the administration of the state's unemployment insurance program. Notwithstanding the provisions of section 33.080 to the contrary, all moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and money earned on such investments shall be credited to the fund.
2. The unemployment automation fund shall not be used in whole or in part for any purpose or in any manner that would permit its substitution for, or a corresponding reduction in, federal funds that would be available in its absence to finance expenditures for the administration of this chapter, or cause the appropriate agency of the United States government to withhold any part of an administrative grant which would otherwise be made.
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(L. 2008 H.B. 2041 § 288.312, A.L. 2022 H.B. 2168)
Effective 1-01-23
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.133 - Unemployment automation adjustment, amount — reductions, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Jan 2023, see footnote
288.133. Unemployment automation adjustment, amount — reductions, when. —
1. Each employer liable for contributions pursuant to this chapter, except employers with a contribution rate equal to zero, shall pay an annual unemployment automation adjustment in an amount equal to two one-hundredths of one percent of such employer's total taxable wages for the twelve-month period ending the preceding June thirtieth.
2. Notwithstanding subsection 1 of this section to the contrary, the division may reduce the automation adjustment percentage to ensure that the total amount of adjustment due from all employers under this section shall not exceed five million dollars annually.
3. Each employer liable to pay an automation adjustment shall be notified of the amount due under this section by March thirty-first of each year and such amount shall be considered delinquent thirty days thereafter. Delinquent unemployment automation adjustment amounts may be collected in the manner provided under sections 288.160 and 288.170. All moneys collected under this section shall be deposited in the unemployment automation fund established in section 288.132.
4. For the first quarter of each calendar year, the total amount of contribution otherwise due from each employer liable to pay contributions under this chapter shall be reduced by the dollar amount of unemployment automation adjustment due from such employer pursuant to subsection 1 of this section. However, the amount of contributions due from such employer for the first quarter of the calendar year in question shall not be reduced below zero.
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(L. 2022 H.B. 2168)
Effective 1-01-23
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.140 - Contribution adjustments or refunds.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1996, 2 histories
288.140. Contribution adjustments or refunds. —
If not later than three years after the date on which any contributions would have been required to be paid if due, an employing unit who has paid such contributions or interest thereon shall make application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment is not practicable, and if the division shall determine that such contributions or interest or any portion thereof was erroneously collected, the division shall make an adjustment thereof, without interest, in connection with subsequent contribution payments, or if such adjustment is not practicable, the division shall refund such payment, without interest, from the fund. The division may, in its discretion, at any time and under such conditions and limitations as it may deem proper, make an adjustment or refund of contributions or interest paid thereon which the division finds has been erroneously collected, or any part thereof, if it finds there is good cause why such adjustment or refund should be made. The division shall not be required to refund any contributions based upon wages payable or paid which have been included in a determination of a claimant's benefit rights and which determination has become final.
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(L. 1951 p. 564, A.L. 1996 H.B. 1368)