Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 10 - Division of Employment Security › Chapter 4 - Unemployment Insurance › Section 8 CSR 10-4.080 - Joint Accounts

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule prescribes how joint accounts will
				  be established and the consequences of that action. This rule implements
				  section
				  288.100,
				  RSMo. This rule was previously known as regulation no. 17.
(1) Any employer may make application in
				writing to the division to participate in a joint account with one (1) or more
				other employers.
(2) The division
				shall approve those applications that meet the requirements of this
				rule.
(3) Any application to
				participate in a joint account must be filed by the first day of April of the
				calendar year in which the applicant-employer's membership in the joint account
				is to become effective. In addition, all contributions, interest and penalties
				due from the applicant-employer must be paid prior to the division approving
				the applicant-employer's membership in the joint account.
(4) All such applications shall be accepted
				only on the condition that the applicant waives all rights to its individual
				employer account under the law when the division approves the application and
				merges its individual account in a joint account for experience rating
				purposes.
(5) Each
				applicant-employer shall agree to assume joint and several liability for any
				contributions, interest and penalties accruing on the part of any one of the
				employers participating in the joint account during the duration of the account
				in consideration for the division granting the applicant-employer the right to
				participate in it.
(6) Each
				employer participating in a joint account agrees to maintain a sufficient
				record of its own employment in order that the employer can furnish the
				division with information necessary to enable the division to make proper
				certification to the Bureau of Internal Revenue of the United States Treasury
				under the Federal Unemployment Tax Act and to enable the division to determine
				any benefit charges against the separate account.
(7) No reduced rate of contributions shall be
				established for any joint account until each participating employer is
				individually eligible for the calculation of a contribution rate.
(8) All joint accounts will be maintained
				only on a calendar-year basis and those accounts must be maintained for a
				minimum period of two (2) calendar years unless terminated sooner by action of
				the division.
(9) All contribution
				credits for all employers in a joint account will be calculated together. All
				benefit payments chargeable against all employers in a joint account will be
				calculated together. The average annual payroll of the joint account will be
				the average of the annual payrolls of all employers participating in the
				account.
(10) If any individual,
				type of organization or employing unit succeeds to the business of an employer
				participating in a joint account under conditions which would require the
				transfer of any separate account of that employer to the successor, the
				successor shall be
ipso facto
a member of the joint
				account.
(11) Withdrawal from a
				joint account by any participating employer may be approved if the request for
				withdrawal is made in writing to the division on or before December 31 of the
				year prior to the year for which the withdrawal is to be effective. The
				withdrawing employer, as of the effective date of withdrawal, shall be treated
				in all respects as a newly liable employer, regardless of all prior
				contributions or benefit payment experience. The remaining employer or
				employers shall continue to constitute the joint account. The withdrawal or
				termination of all except one (1) member shall not dissolve the joint account,
				unless and until that last member shall withdraw or terminate.
(12) Participation in a joint account shall
				not affect the right of any employer to terminate its liability, but after
				termination, the employer, in all respects, shall be treated as a withdrawing
				employer under this rule.
*Original authority: 288.220, RSMo 1951, amended 1955,
					 1961, 1963, 1967, 1971, 1995.