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Terms Used In Vermont Statutes Title 21 Sec. 1323

  • Commissioner: means the Commissioner of Labor established by this chapter, or his or her authorized representative. See
  • Contributions: means the money payments to the State Unemployment Compensation Fund required by this chapter. See
  • Employer: includes :

  • Employing unit: means any individual or type of organization, including any partnership, association, labor organization as defined in section 2(5) of the National Labor Relations Act, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor thereof, or the legal representative of a deceased person, any federal, state, or local governmental entity, which has had in its employ since January 1, 1936, one or more individuals performing services for it within this State. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • State: means the states of the United States of America, the Commonwealth of Puerto Rico, the District of Columbia, and after December 31, 1977, the Virgin Islands. See
  • wages: as used in this chapter shall not include:

§ 1323. Termination of coverage; agreement by employee to make contribution

(a) An employing unit shall cease to be an employer subject to this chapter only as of the first day of January of any calendar year, if it files with the Commissioner, on or before March 31 next following, a written application for termination of coverage, and the Commissioner finds that such employing unit was not an employer during the preceding calendar year, but these requirements may be waived by the Commissioner for good cause.

(b) The Commissioner may terminate coverage of any employing unit on his or her own motion when he or she finds that the employing unit has not selected coverage in accordance with subdivision 1301(5)(E) of this title and:

(1) that the employing unit has not been an employer for the period of one year immediately preceding; or

(2) that the person who is the employing unit is deceased; or

(3) that the employing unit has ceased to employ at least one person within the State.

(c) Any agreement by an individual in his or her employ to pay the whole or any portion of the employer contributions required by this chapter shall be void and no employer shall make any deduction for such purpose from the wages or salary of any individual in his or her employ. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1969, No. 43.)