Indiana Code 22-4-11.5-7. Transferring all or part of trade or business; successor employers with substantially common ownership, management, or control
(1) An employer transfers all or a portion of the employer’s trade or business to another employer.
Terms Used In Indiana Code 22-4-11.5-7
- administrative law judge: means a person employed by the commissioner under IC 22-4-17-4. See Indiana Code 22-4-11.5-2
- benefits: means the money payments payable to an eligible individual as provided in this article with respect to his unemployment. See Indiana Code 22-4-2-1
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- trade or business: includes an employer's workforce. See Indiana Code 22-4-11.5-4
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(b) The successor employer shall assume the experience account balance of the predecessor employer for the resources and liabilities of the predecessor employer’s experience account that are attributable to the transfer.
(c) The contribution rates of both employers shall be recalculated, and the recalculated rate made effective on the first day of the calendar year during which the transfer occurred if the effective date of the transfer described in subsection (a) is before April 1, and the first day of the subsequent calendar year, if the effective date of the transfer described in subsection (a) is after March 31.
(d) The payroll of the predecessor employer on the effective date of the transfer, and the benefits chargeable to the predecessor employer’s original experience account after the effective date of the transfer, must be divided between the predecessor employer and the successor employer in accordance with rules adopted by the department under IC 4-22-2.
(e) Any written determination made by the department is conclusive and binding on both the predecessor employer and the successor employer unless one (1) employer files or both employers file a written protest with the department setting forth all reasons for the protest. A protest under this section must be filed not later than fifteen (15) days after the date the department sends the initial determination to the employers. The protest shall be heard and determined under this section and IC 22-4-32-1 through IC 22-4-32-15. The predecessor employer, the successor employer, and the department shall be parties to the hearing before the liability administrative law judge and are entitled to receive copies of all pleadings and the decision.
As added by P.L.98-2005, SEC.9. Amended by P.L.108-2006, SEC.18; P.L.122-2019, SEC.26.