23-750

23-750. Special provisions for nonprofit
organizations and state and local governments

A. The provisions of this section apply to:

1. Any nonprofit organization described in paragraph 10 of section 23-617, which
but for the provisions of section 23-613, subsection A, paragraph 2, subdivision
(c) would not be subject to this chapter, or which is not mandatorily subject to this
chapter because of insufficient employees but which has voluntarily elected to become
subject to this chapter.

2. This state, or a political subdivision thereof, or any instrumentality, agency
or board of any one or more of the foregoing or any instrumentality of any of the
foregoing and one or more other states or political subdivisions.

B. Benefits paid to employees of employing units to which this section applies
shall be financed in accordance with the provisions of this subsection.

1. Any employing unit to which this section applies: (a) Which is or becomes
subject to this chapter on January 1, 1972, may elect to become liable for payments in
lieu of contributions for a period of not less than three consecutive taxable years
beginning with January 1, 1972, provided it files with the department a written notice of
its election not later than sixty days after written notice that such election may be
made is first given to the employing unit by the department.

(b) Which becomes subject to this chapter after January 1, 1972, may elect to
become liable for payments in lieu of contributions for a period of not less than three
consecutive taxable years by filing a written notice of its election with the department
not later than thirty days immediately following the date of the determination of such
subjectivity.

(c) Which makes an election in accordance with subdivision (a) or (b) of this
paragraph shall continue to be liable for payments in lieu of contributions until it
files with the department a written notice terminating its election not later than thirty
days prior to the beginning of the taxable year for which such termination shall first be
effective.

(d) Which has been paying contributions under this chapter subsequent to January 1,
1972, for a period of not less than three consecutive taxable years may elect to become
liable for payments in lieu of contributions for a period of not less than three
consecutive taxable years by filing a written notice of its election with the department
not later than thirty days prior to the beginning of the taxable year for which such
election shall first be effective.

2. The department may for good cause extend the period within which a notice of
election or a notice of termination must be filed.

3. The department shall notify the employing unit of any determination made of its
status as an employer and of the effective date of any election or termination of such
election made in accordance with this subsection. Such determination shall be subject to
reconsideration, petition for hearing, and judicial review in accordance with the
provisions of section 23-724.

4. An employing unit shall pay to the department for the fund an amount equal to
the amount of regular benefits and of one-half of the extended benefits paid which were
based upon wages paid during the employing unit's period of election to make payments in
lieu of contributions, except that a governmental entity shall pay to the department for
the fund an amount equal to the total amount of extended benefits paid for weeks of
unemployment beginning on or after January 1, 1979, which are based upon wages paid by
the governmental entity during its election to make payments in lieu of
contributions. The provisions of sections 23-727, 23-773 and 23-777, insofar as they
apply to noncharging an employer's account for benefit payments, do not apply to benefits
paid which were based upon wages paid during the employing unit's period of election to
make payments in lieu of contributions.

C. As soon as practicable after the end of each calendar quarter the department
shall determine the amount of payments in lieu of contributions due from each employing
unit and shall bill each employing unit for the amount due. If payment is not made on or
before the date due and payable as prescribed by the department, the whole or part
thereafter remaining unpaid shall bear interest at the rate of one per cent per month or
fraction thereof, from and after the due date until payment is received by the
department. The amount of payments due hereunder but not paid may be collected by the
department, together with interest and penalties, if any, in the same manner and subject
to the same conditions as contributions due from other employers. The amount due
specified in any bill from the department shall be conclusive and binding on the
employing unit unless not later than fifteen days after the bill was mailed to its last
known address, the employing unit files an application for redetermination. A
redetermination made under this subsection shall be subject to petition for hearing and
judicial review in accordance with the provisions of section 23-724.

D. Two or more employing units that have become liable for payments in lieu of
contributions may file a joint application to the department for the establishment of a
group account for the purpose of sharing the cost of benefits paid that are attributable
to service in the employ of such employing units. Each application shall identify and
authorize a group representative to act as the group's agent for the purposes of this
subsection. Upon approval of the application, the department shall establish a group
account for such employing units effective as of the beginning of the calendar quarter in
which the application is received and shall notify the group's representative of the
effective date of the account. The account shall remain in effect for not less than
three years and thereafter until terminated at the discretion of the department or upon
application by the group. Upon establishment of the account, each member of the group
shall be liable for payments in lieu of contributions with respect to each calendar
quarter in the amount that bears the same ratio to the total benefits paid in such
quarter that are attributable to service performed in the employ of all members of the
group as the total wages paid for service in employment by such member in such quarter
bear to the total wages paid during such quarter for service performed in the employ of
all members of the group. The department shall prescribe such regulations as it deems
necessary with respect to applications for establishment, maintenance, and termination of
group accounts that are authorized by this subsection, for addition of new members to,
and withdrawal of active members from, such accounts, and for the determination of the
amounts that are payable under this subsection by members of the group and the time and
manner of such payments.

E. Benefits are payable on the basis of employment to which this section applies,
in the same amount, on the same terms, and subject to the same conditions as benefits
payable on the basis of other employment subject to this chapter, except that
notwithstanding the provisions of sections 23-779 and 23-780:

1. Benefits based on service in an instructional, research, or principal
administrative capacity for an educational institution shall not be paid to an individual
for any week of unemployment which begins during the period between two successive
academic years, or during a similar period between two regular terms, whether or not
successive, or during a period of paid sabbatical leave provided for in the individual's
contract, if the individual performs such services in the first of such academic years or
terms and if there is a contract or a reasonable assurance that such individual will
perform services in any such capacity for any educational institution in the second of
such academic years or terms.

2. Benefits based on service in any other capacity for an educational institution
shall not be paid to an individual for any week of unemployment which begins during a
period between two successive academic years or terms if the individual performs such
services in the first of such academic years or terms and if there is a reasonable
assurance that such individual will perform such services in the second of such academic
years or terms, except that if benefits are denied to any individual under this paragraph
and that individual was not offered an opportunity to perform such services for the
educational institution for the second of such academic years or terms, the individual is
entitled to a retroactive payment of benefits for each week for which the individual
filed a timely claim for benefits and for which benefits were denied solely by reason of
this paragraph.

3. Benefits based on services described in paragraph 1 or 2 of this subsection
shall not be paid to an individual for any week of unemployment which begins during an
established and customary vacation period or holiday recess if the individual performs
such services in the period immediately before such vacation period or holiday recess and
if there is a reasonable assurance that such individual will perform such services in the
period immediately following such vacation period or holiday recess.

4. With respect to any services described in paragraph 1 or 2 of this subsection,
benefits are not payable on the basis of services in any capacity specified in paragraph
1, 2 or 3 of this subsection to any individual who performed such services in an
educational institution while in the employ of an educational service agency. For the
purposes of this paragraph, "educational service agency" means a governmental agency or
governmental entity which is established and operated exclusively for the purpose of
providing such services to one or more educational institutions.

F. In determining contribution rates assigned to employers under this chapter, the
payrolls of employing units liable for payments in lieu of contributions shall not be
included in computing the contribution rates to be assigned to employers under this
chapter. The payments in lieu of contributions made by such employing units shall be
included in the total assets of the fund in the same manner as contributions paid by
other employers.

G. Except as inconsistent with the provisions of this section, the provisions of
this chapter and regulations of the department shall apply to any matter arising pursuant
to this section.