§ 851. Employer election. (a) Any employer who employs covered employees in the state shall be allowed to make an annual election to be taxed under this article.

(b) In order to be effective, the annual election must be made by (1) if the employer is not a corporation, by any member, owner, or other individual with authority to bind the entity or sign returns required pursuant to section six hundred fifty-three of this chapter; or (2) if the employer is a for-profit or not-for-profit corporation, by any officer or manager of the employer who is authorized under the law of the state where the corporation is incorporated or under the employer's organizational documents to make the election and who represents to having such authorization under penalty of perjury; or (3) if the employer is a trust, by the unanimous consent of all trustees; or (4) if the employer is a governmental entity, by the chief executive officer of such governmental entity.

(c) The annual election must be made by December first of each calendar year and will take effect for the immediately succeeding calendar year. If an election is made after December first of a calendar year, it will first take effect in the second succeeding calendar year.

(d) If an employer determines that the election made pursuant to subsection (b) of this section was in error and such employer does not wish to participate in the program for the calendar year and has taken no action to comply with the requirements of this article, the employer may revoke the election to participate in the program. For the calendar year two thousand twenty, such revocation of the employer election may be made on or before April fifteenth, two thousand twenty. For calendar years beginning two thousand twenty-one and thereafter, such revocation of the employer election must be made no later than January fifteenth of the immediately succeeding calendar year after the employer election was made.