(3) |
(a) |
(i) |
Money requisitioned from the state’s account in the unemployment trust fund shall, except as set forth in this section, be used exclusively for the payment of benefits and for refunds of contributions under Subsections 35A-4-205(1)(a) and 35A-4-306(5). |
(ii) |
The department shall from time to time requisition from the unemployment trust fund amounts, not exceeding the amounts standing to this state’s account in the fund, as it considers necessary for the payment of those benefits and refunds for a reasonable future period. |
(iii) |
(A) |
Upon receipt the treasurer shall deposit the money in the benefit account and shall pay benefits and refunds from the account by means of warrants issued by the division in accordance with rules prescribed by the department. |
(B) |
Expenditures of these money in the benefit account and refunds from the clearing account are not subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. |
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(b) |
Money in the state’s account in the unemployment trust fund that were collected under the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., and credited to the state under Section 903 of the Social Security Act, 42 U.S.C. § 1101 et seq., as amended may be requisitioned from the state’s account and used in the payment of expenses incurred by the department for the administration of the state’s unemployment law and public employment offices, if the expenses are incurred and the withdrawals are made only after and under a specific appropriation of the Legislature that specifies:
(i) |
the purposes and amounts; |
(ii) |
that the money may not be obligated after the two-year period that began on the date of the enactment of the appropriation law; and |
(iii) |
that the total amount which may be used during a fiscal year may not exceed the amount by which the aggregate of the amounts credited to this state’s account under Section 903 of the Social Security Act, 42 U.S.C. § 1101 et seq., as amended, during the fiscal year and the 34 preceding fiscal years, exceeds the aggregate of the amounts used by this state for administration during the same 35 fiscal years.
(A) |
For the purpose of Subsection (3)(b)(iii), amounts used during any fiscal year shall be charged against equivalent amounts that were first credited and that have not previously been so charged. An amount used during any fiscal year may not be charged against any amount credited during a fiscal year earlier than the 34th preceding fiscal year. |
(B) |
Except as appropriated and used for administrative expenses, as provided in this section, money transferred to this state under Section 903 of the Social Security Act as amended, may be used only for the payment of benefits. |
(C) |
Any money used for the payment of benefits may be restored for appropriation and use for administrative expenses, upon request of the governor, under Section 903(c) of the Social Security Act. |
(D) |
The division shall maintain a separate record of the deposit, obligation, expenditure, and return of funds deposited. |
(E) |
Money deposited shall, until expended, remain a part of the unemployment fund and, if not expended, shall be returned promptly to the account of this state in the unemployment trust fund. |
(F) |
The money available by reason of this legislative appropriation may not be expended or available for expenditure in any manner that would permit their substitution for, or a corresponding reduction in, federal funds that would in the absence of the money be available to finance expenditures for the administration of this chapter. |
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(c) |
Any balance of money requisitioned from the unemployment trust fund that remains unclaimed or unpaid in the benefit account after the expiration of the period for which the sums were requisitioned shall either be deducted from estimates for, and may be utilized for the payment of, benefits and refunds during succeeding periods, or in the discretion of the division, shall be redeposited with the secretary of the treasury of the United States of America to the credit of the state’s account in the unemployment trust fund, as provided in Subsection (2). |
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