Ohio Administrative Code › Title 4141 - Department of Job and Family Services › Chapter 4141-37 - Reimbursing Employer › Section 4141-37-11 - Changes in and termination of group account

Current through all regulations passed and filed through July 1, 2024
(A) During the first two years after a group
			 account is established, a member of the group may request withdrawal from the
			 group by providing a copy of the resolution of the board of directors,
			 trustees, or other governing body of such member, however denominated,
			 approving such action and the written consent of each active member of the
			 group to the withdrawal of the applicant. Consent authority may be delegated to
			 the group representative by all of the group members filing a power of attorney
			 authorization for this purpose with the group representative and the
			 department. The director shall approve or disapprove such request and issue
			 appropriate determination, including the effective date on which such request,
			 if granted, shall become effective provided that no withdrawal shall be
			 permitted when approval thereof would result in less than two members remaining
			 in the group, and provided further that, in no event, shall such member
			 withdraw from the group until a new or amended group surety bond, new pledge of
			 a group deposit of approved municipal or other bonds, or approved securities or
			 a combination thereof, or other forms of collateral security approved by the
			 director, or other appropriate changes have been made with respect to security
			 of the account.
(B) After a group
			 account has remained in effect for two years, any member of the group may
			 request withdrawal by providing a copy of the resolution of the board of
			 directors, trustees, or other governing body of such member, however
			 denominated, approving such action and evidence that all other members have
			 been informed of such filing. The director shall approve or disapprove such
			 request and issue appropriate determination, including the effective date as of
			 which such request, if granted, shall become effective, provided that no member
			 shall withdraw from the group until a new or amended group surety bond, new
			 pledge of a group deposit of approved municipal or other bonds, approved
			 securities, or a combination thereof, or other forms of collateral security
			 approved by the director, or other appropriate changes have been made with
			 respect to security of the account, and provided further that where any
			 withdrawal results in less than two members remaining in the group, the
			 director may terminate the group account by issuing an appropriate
			 determination.
(C) A group account
			 may be terminated by request filed at any time after such account has remained
			 in effect for two years. Such request must be signed by an authorized official
			 of each member and must have attached to it a  copy of the resolution of the board of
			 directors, trustees, or other governing body of each member, however
			 denominated, authorizing such termination. If approved, the director shall
			 prescribe in such determination the date, as of the end of a calendar quarter,
			 after which no further charges to the group account shall be made. Thereafter,
			 the account of the group shall be terminated as of the date on which all group
			 billings have been paid in full.
(D) A reimbursing employer desiring to join
			 an existing group shall file an application for membership therein in the
			 manner and form prescribed for the establishment of a group and shall submit
			 the written consent of each active member of the group to the addition thereto
			 of such applicant. Consent authority may be delegated to the group
			 representative by all of the group members filing a power of attorney
			 authorization for this purpose with the group representative and the
			 department. The director shall approve or disapprove such application and issue
			 appropriate determination, including the beginning of the calendar quarter as
			 of which date such application, if approved, is effective, and including
			 further any required change in the bonding amount, provided however that the
			 new member shall not become an active member of such group until a new or
			 revised surety bond, or deposit of approved municipal or other bonds, approved
			 securities, or a combination thereof, or other forms of collateral security
			 approved by the director, has been furnished equal to the bonding
			 amount.
(E) If the group
			 representative fails to pay, when due, any bill issued to it, separate bills
			 shall be prepared and issued to each member of the group, pursuant to division
			 (D) (3) of section 4141.241 of the Revised Code. In
			 such event, failure to pay promptly in full all such individual billings,
			 together with any applicable interest or forfeiture, shall be cause for
			 termination of the group account. In addition, failure to comply with any
			 determination increasing the group bonding amount, or ordering the market value
			 of a deposit of approved municipal or other bonds to be made whole within
			 thirty days of the mailing of such determination, shall be cause for
			 termination of the group account. The director shall terminate the group
			 account by determination prescribing that charges to such account shall cease
			 to be made as of the end of the calendar quarter in which such determination is
			 issued. Thereafter the group account shall terminate as of the date on which
			 all billings outstanding against such account shall have been paid in full,
			 together with any applicable interest or forfeiture.
(F) Termination of a group account, for
			 whatever reason, does not excuse any employer from liability on account of
			 charges for benefits paid after the date on which charges cease to be made to
			 the group account. After collecting unpaid amounts charged to a group account
			 from all available security of such account, the director may transfer amounts
			 remaining unpaid to the reimbursing account or accounts of the employer or
			 employers in default, in which event the group account shall be
			 terminated.