SECTION 240:10-5-12. Nonsubject entity acquiring the experience rating account of an employer

(a)   One employer acquired. When any employing unit acquires the experience rating account of an employer under the provisions of 40 O.S. Section 3-111 or 3-111.1, and the employing unit was not an employer subject to the Employment Security Act of 1980 prior to the acquisition, the employing unit shall acquire the contribution rate of the employer for the entire calendar year in which the acquisition occurred.

(b)   Two or more employers acquired. When any employing unit acquires the experience rating account of two or more employers under the provisions of 40 O.S. Sections 3-111 or 3-111.1, and the employing unit was not an employer subject to the Employment Security Act of 1980 prior to the acquisition, the contribution rate for the employing unit shall be determined by consolidating the experience rating accounts of the two or more employers acquired for the experience period immediately preceding the acquisition, and the Benefit Wage Ratio computed on the total experience of all the employers so acquired. The Benefit Wage Ratio so computed shall be used to determine the successor's contribution rate for the calendar year in which the acquisition occurred.

(c)   An employing unit that was not an employer subject to the Employment Security Act of 1980 prior to acquiring the predecessor employer shall not be allowed to acquire the experience rating account or contribution rate of the predecessor employer if the Commission finds that the employing unit acquired the business solely or primarily for the purpose of obtaining a lower contribution rate.

[Source: Amended at 12 Ok Reg 1375, eff 5-26-95; Amended at 22 Ok Reg 733, eff 5-15-05; Amended at 23 Ok Reg 885, eff 5-15-06; Amended at 30 Ok Reg 491, eff 5-15-13]