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CCH® UNEMPLOYMENT INSURANCE — 12/02/08

Ohio amends its UI regulations on various subjects

Ohio has amended the regulations under its Unemployment Insurance Law as follows:

Employee leasing. The term “unrelated third party client” is now defined as an entity unrelated to, or not sharing common ownership, management or control with, an employee leasing company, and to which individuals are provided by the employee leasing company to perform services on a permanent basis.

Transfer of experience. In cases where the director finds that an employer has transferred its trade or business, or a portion thereof, to another employer and the transferee is under substantially common ownership, management or control with the transferor, the director will transfer the experience of the transferor to the transferee and recalculate the rate of both employers effective as of the date of the transfer. Prior regulations provided that the recalculation was effective for the calendar year in which the transfer occurred.

Voluntary successorship. The regulations now provide that if the Director finds that an employer has transferred a portion its business to another employer, and at the time of the transfer both employers are under substantially common ownership, management, or control, the unemployment experience and outstanding debt attributable to the transferred portion of the business is transferred to the transferee. Prior regulations did not include language regarding outstanding debt. The outstanding debt, along with taxable wages, contributions, and other amounts attributable to the transferor for periods prior to the transfer, will be transferred based on the ratio that the taxable wages attributable to the transferred portion for the four completed calendar quarters immediately preceding the quarter in which the transfer occurred bears to the total taxable wages of the same period. Recalculated rates are effective on the date of the transfer.

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