State Codes and Statutes

Statutes > Nebraska > Chapter48 > 48-654

48-654. Employer's experience account; acquisitionby transferee-employer; transfer; contribution rate.Subjectto section 48-654.01, any employer that acquires the organization, trade,or business, or substantially all the assets thereof, of another employershall immediately notify the commissioner thereof, and prior to September6, 1985, shall, and on and after September 6, 1985, may, pursuant to rulesand regulations prescribed by the commissioner, assume the position of suchemployer with respect to the resources and liabilities of such employer'sexperience account as if no change with respect to such employer's experienceaccount has occurred. The commissioner may provide by rule and regulationfor partial transfers of experience accounts, except that such partial transfersof accounts shall be construed to allow computation and fixing of contributionrates only on and after January 1, 1953, where an employer has transferredat any time subsequent to or on January 1, 1950, a definable and segregableportion of his or her payroll and business to a transferee-employer. For anacquisition which occurs during eitherof the first two calendar quarters of a calendar year or during the fourth quarter of the precedingcalendar year, a new rate of contributions, payable by the transferee-employerwith respect to wages paid by him or her after midnight of the last day ofthe calendar quarter in which such acquisition occurs and prior to midnightof the following September 30, shall be computed inaccordance with this section. For the purpose of computing such new rate ofcontributions, the computation date with respect to any such acquisition shallbe September 30 of the precedingcalendar year and the term payroll shall mean the total amount of wages bywhich contributions to the transferee's account and to the transferor's accountwere measured for four calendarquarters ending September 30 preceding the computation date. SourceLaws 1937, c. 108, § 7, p. 385; Laws 1941, c. 94, § 5, p. 394; C.S.Supp.,1941, § 48-707; R.S.1943, § 48-654; Laws 1945, c. 115, § 6, p. 386; Laws 1947, c. 175, § 13, p. 582; Laws 1953, c. 169, § 1, p. 543; Laws 1985, LB 336, § 1; Laws 1985, LB 339, § 38; Laws 2005, LB 484, § 10; Laws 2009, LB631, § 9.AnnotationsThis section, which allows an acquiring organization to assume the position of its predecessor with respect to the latter's experience account, is referring to the contribution rate of that employer. The experience account balance is used to determine the rate at which the employer must contribute, and it is not a cash account which may be treated as a liquid asset. West Nebraska General Hospital v. Hanlon, 208 Neb. 173, 302 N.W.2d 694 (1981).