§96‑19. Enforcement of Employment Security Law discontinued upon repealor invalidation of federal acts; suspension of enforcement provisionscontested.
(a) It is the purposeof this Chapter to secure for employers and employees the benefits of Title IIIand Title IX of the Federal Social Security Act, approved August 14, 1935, asto credit on payment of federal taxes, of State contributions, the receipt offederal grants for administrative purposes, and all other provisions of thesaid Federal Social Security Act; and it is intended as a policy of the Statethat this Chapter and its requirements for contributions by employers shallcontinue in force only so long as such employers are required to pay thefederal taxes imposed in said Federal Social Security Act by a valid act ofCongress. Therefore, if Title III and Title IX of the said Federal SocialSecurity Act shall be declared invalid by the United States Supreme Court, orif such law be repealed by congressional action so that the federal tax cannotbe further levied, from and after the declaration of such invalidity by theUnited States Supreme Court, or the repeal of said law by congressional action,as the case may be, no further levy or collection of contributions shall bemade hereunder. The enactment by the Congress of the United States of theRailroad Retirement Act and the Railroad Unemployment Insurance Act shall in noway affect the administration of this law except as herein expressly provided.
All federal grants and allcontributions theretofore collected, and all funds in the treasury by virtue ofthis Chapter, shall, nevertheless, be disbursed and expended, as far as may bepossible, under the terms of this Chapter: Provided, however, thatcontributions already due from any employer shall be collected and paid intothe said fund, subject to such distribution; and provided further, that thepersonnel of the State Employment Security Commission shall be reduced asrapidly as possible.
The funds remaining availablefor use by the North Carolina Employment Security Commission shall be expended,as necessary, in making payment of all such awards as have been made and arefully approved at the date aforesaid, and the payment of the necessary costsfor the further administration of this Chapter, and the final settlement of allaffairs connected with same. After complete payment of all administrative costsand full payment of all awards made as aforesaid, any and all moneys remainingto the credit of any employer shall be refunded to such employer, or his dulyauthorized assignee: Provided, that the State employment service, created byChapter 106, Public Laws of 1935, and transferred by Chapter 1, Public Laws of1936, Extra Session, and made a part of the Employment Security Commission ofNorth Carolina, shall in such event return to and have the same status as ithad prior to enactment of Chapter 1, Public Laws of 1936, Extra Session, andunder authority of Chapter 106, Public Laws of 1935, shall carry on the dutiestherein prescribed; but, pending a final settlement of the affairs of theEmployment Security Commission of North Carolina, the said State employmentservice shall render such service in connection therewith as shall be demandedor required under the provisions of this Chapter or the provisions of Chapter1, Public Laws of 1936, Extra Session.
(b) The EmploymentSecurity Commission may, upon receiving notification from the U.S. Departmentof Labor that any provision of this Chapter is out of conformity with therequirements of the federal law or of the U.S. Department of Labor, suspend theenforcement of the contested section or provision until the North CarolinaLegislature next has an opportunity to make changes in the North Carolina law.The Employment Security Commission shall, in order to implement the abovesuspension:
(1) Notify theGovernor's office and provide that office with a copy of the determination ornotification of the U.S. Department of Labor;
(2) Advise theGovernor's office as to whether the contested portion or provision of the lawwould, if not enforced, so seriously hamper the operations of the agency as tomake it advisable that a special session of the legislature be called;
(3) Take all reasonablesteps available to obtain a reprieval from the implementation of any federalconformity failure sanctions until the State legislature has been afforded anopportunity to consider the existing conflict. (1937, c. 363; 1939, c. 52,s. 8; 1947, c. 598, s. 1; 1977, c. 727, s. 56.)
§96‑19. Enforcement of Employment Security Law discontinued upon repealor invalidation of federal acts; suspension of enforcement provisionscontested.
(a) It is the purposeof this Chapter to secure for employers and employees the benefits of Title IIIand Title IX of the Federal Social Security Act, approved August 14, 1935, asto credit on payment of federal taxes, of State contributions, the receipt offederal grants for administrative purposes, and all other provisions of thesaid Federal Social Security Act; and it is intended as a policy of the Statethat this Chapter and its requirements for contributions by employers shallcontinue in force only so long as such employers are required to pay thefederal taxes imposed in said Federal Social Security Act by a valid act ofCongress. Therefore, if Title III and Title IX of the said Federal SocialSecurity Act shall be declared invalid by the United States Supreme Court, orif such law be repealed by congressional action so that the federal tax cannotbe further levied, from and after the declaration of such invalidity by theUnited States Supreme Court, or the repeal of said law by congressional action,as the case may be, no further levy or collection of contributions shall bemade hereunder. The enactment by the Congress of the United States of theRailroad Retirement Act and the Railroad Unemployment Insurance Act shall in noway affect the administration of this law except as herein expressly provided.
All federal grants and allcontributions theretofore collected, and all funds in the treasury by virtue ofthis Chapter, shall, nevertheless, be disbursed and expended, as far as may bepossible, under the terms of this Chapter: Provided, however, thatcontributions already due from any employer shall be collected and paid intothe said fund, subject to such distribution; and provided further, that thepersonnel of the State Employment Security Commission shall be reduced asrapidly as possible.
The funds remaining availablefor use by the North Carolina Employment Security Commission shall be expended,as necessary, in making payment of all such awards as have been made and arefully approved at the date aforesaid, and the payment of the necessary costsfor the further administration of this Chapter, and the final settlement of allaffairs connected with same. After complete payment of all administrative costsand full payment of all awards made as aforesaid, any and all moneys remainingto the credit of any employer shall be refunded to such employer, or his dulyauthorized assignee: Provided, that the State employment service, created byChapter 106, Public Laws of 1935, and transferred by Chapter 1, Public Laws of1936, Extra Session, and made a part of the Employment Security Commission ofNorth Carolina, shall in such event return to and have the same status as ithad prior to enactment of Chapter 1, Public Laws of 1936, Extra Session, andunder authority of Chapter 106, Public Laws of 1935, shall carry on the dutiestherein prescribed; but, pending a final settlement of the affairs of theEmployment Security Commission of North Carolina, the said State employmentservice shall render such service in connection therewith as shall be demandedor required under the provisions of this Chapter or the provisions of Chapter1, Public Laws of 1936, Extra Session.
(b) The EmploymentSecurity Commission may, upon receiving notification from the U.S. Departmentof Labor that any provision of this Chapter is out of conformity with therequirements of the federal law or of the U.S. Department of Labor, suspend theenforcement of the contested section or provision until the North CarolinaLegislature next has an opportunity to make changes in the North Carolina law.The Employment Security Commission shall, in order to implement the abovesuspension:
(1) Notify theGovernor's office and provide that office with a copy of the determination ornotification of the U.S. Department of Labor;
(2) Advise theGovernor's office as to whether the contested portion or provision of the lawwould, if not enforced, so seriously hamper the operations of the agency as tomake it advisable that a special session of the legislature be called;
(3) Take all reasonablesteps available to obtain a reprieval from the implementation of any federalconformity failure sanctions until the State legislature has been afforded anopportunity to consider the existing conflict. (1937, c. 363; 1939, c. 52,s. 8; 1947, c. 598, s. 1; 1977, c. 727, s. 56.)
§96‑19. Enforcement of Employment Security Law discontinued upon repealor invalidation of federal acts; suspension of enforcement provisionscontested.
(a) It is the purposeof this Chapter to secure for employers and employees the benefits of Title IIIand Title IX of the Federal Social Security Act, approved August 14, 1935, asto credit on payment of federal taxes, of State contributions, the receipt offederal grants for administrative purposes, and all other provisions of thesaid Federal Social Security Act; and it is intended as a policy of the Statethat this Chapter and its requirements for contributions by employers shallcontinue in force only so long as such employers are required to pay thefederal taxes imposed in said Federal Social Security Act by a valid act ofCongress. Therefore, if Title III and Title IX of the said Federal SocialSecurity Act shall be declared invalid by the United States Supreme Court, orif such law be repealed by congressional action so that the federal tax cannotbe further levied, from and after the declaration of such invalidity by theUnited States Supreme Court, or the repeal of said law by congressional action,as the case may be, no further levy or collection of contributions shall bemade hereunder. The enactment by the Congress of the United States of theRailroad Retirement Act and the Railroad Unemployment Insurance Act shall in noway affect the administration of this law except as herein expressly provided.
All federal grants and allcontributions theretofore collected, and all funds in the treasury by virtue ofthis Chapter, shall, nevertheless, be disbursed and expended, as far as may bepossible, under the terms of this Chapter: Provided, however, thatcontributions already due from any employer shall be collected and paid intothe said fund, subject to such distribution; and provided further, that thepersonnel of the State Employment Security Commission shall be reduced asrapidly as possible.
The funds remaining availablefor use by the North Carolina Employment Security Commission shall be expended,as necessary, in making payment of all such awards as have been made and arefully approved at the date aforesaid, and the payment of the necessary costsfor the further administration of this Chapter, and the final settlement of allaffairs connected with same. After complete payment of all administrative costsand full payment of all awards made as aforesaid, any and all moneys remainingto the credit of any employer shall be refunded to such employer, or his dulyauthorized assignee: Provided, that the State employment service, created byChapter 106, Public Laws of 1935, and transferred by Chapter 1, Public Laws of1936, Extra Session, and made a part of the Employment Security Commission ofNorth Carolina, shall in such event return to and have the same status as ithad prior to enactment of Chapter 1, Public Laws of 1936, Extra Session, andunder authority of Chapter 106, Public Laws of 1935, shall carry on the dutiestherein prescribed; but, pending a final settlement of the affairs of theEmployment Security Commission of North Carolina, the said State employmentservice shall render such service in connection therewith as shall be demandedor required under the provisions of this Chapter or the provisions of Chapter1, Public Laws of 1936, Extra Session.
(b) The EmploymentSecurity Commission may, upon receiving notification from the U.S. Departmentof Labor that any provision of this Chapter is out of conformity with therequirements of the federal law or of the U.S. Department of Labor, suspend theenforcement of the contested section or provision until the North CarolinaLegislature next has an opportunity to make changes in the North Carolina law.The Employment Security Commission shall, in order to implement the abovesuspension:
(1) Notify theGovernor's office and provide that office with a copy of the determination ornotification of the U.S. Department of Labor;
(2) Advise theGovernor's office as to whether the contested portion or provision of the lawwould, if not enforced, so seriously hamper the operations of the agency as tomake it advisable that a special session of the legislature be called;
(3) Take all reasonablesteps available to obtain a reprieval from the implementation of any federalconformity failure sanctions until the State legislature has been afforded anopportunity to consider the existing conflict. (1937, c. 363; 1939, c. 52,s. 8; 1947, c. 598, s. 1; 1977, c. 727, s. 56.)
