§392-43  Authority to withhold
contributions, rate of contribution, maximum weekly wage base.  (a) 
Subject to the limitation set forth in subsection (b) an employer may deduct
and withhold contributions, from each employee of one-half the cost but not more
than .5 per cent of the weekly wages earned by the employee in employment and
the employer shall provide for the balance of the cost of providing temporary
disability benefits under this chapter over the amount of contributions of the
employer's employees.  Unless a different rule is prescribed by regulation of
the director, the withholding period shall be equal to the pay period of the
respective employee.



(b)  Weekly wages for the purposes of this
section shall not include:



(1)  Wages earned by an employee in employment during
any payroll period unless, during the fifty-two weeks immediately preceding
such payroll period, the employee has earned wages of at least $400 and has
been in employment for at least fourteen weeks during each of which the employee
has received remuneration in any form for twenty or more hours; and



(2)  Remuneration in excess of one fifty-second of the
average annual wage in the State as determined for the preceding year pursuant
to section 383-61(b) multiplied by the factor 1.21, which amount the director
shall cause to be published annually prior to the first day of January
following the determination.



(c)  The contributions of the employees
deducted and withheld from their wages by their employer shall be held in a
separate fund or be paid to insurance carriers as premiums, for the purpose of
providing benefits required by this chapter.



(d)  The director shall have authority to
prescribe by regulation the reports and information necessary to determine the
cost of providing temporary disability benefits under this chapter, especially
in the case of employers or employer associations providing such benefits by
means of self-insurance, and to determine the procedures for the determination
of such cost.



(e)  An employee from whose wages amounts
greater than those authorized by this chapter have been withheld by the
employee's employer shall be entitled to a refund or credit of the excess as
prescribed by regulation of the director.



(f)  The contributions of employees deducted
and withheld in amounts greater than those authorized by this chapter, shall be
deposited in the special fund for disability benefits if such employees are no
longer with the employer and cannot be located.  A refund of the excess shall
be paid from the special fund for disability benefits to the employees when
they are located or if such employees remain unlocated for a period of two
years from the date of deposit, such moneys shall become a part of the special
fund.



(g)  If an employer fails to provide coverage
for the employer's employees after deducting and withholding contributions from
the employer's employees as prescribed by this chapter, the employer shall
deposit such contributions in the special disability fund. [L 1969, c 148, pt
of §1; am L 1971, c 109, §1(f); gen ch 1985; am L 1999, c 30, §2]