(a) Except as otherwise provided in subsection (b) of this section, any employing unit which is or becomes an employer subject to this chapter within any calendar year, shall be an employer subject thereto during the whole of such calendar year.
(b) Except as otherwise provided in Section 25-4-131, an employer (except governmental entities) shall cease to be an employer subject to this chapter:
(1) As of January 1 of any calendar year if he files with the secretary, prior to April 1 of such year, a written application for termination of coverage and he has not, during the preceding calendar year, met any of the conditions for remaining subject to this chapter.
(2)a. As of the date of transfer of his organization, trade or business, or substantially all the assets thereof to a successor as provided by paragraph (a)(4)a. of Section 25-4-8; provided, that he shall have ceased to employ any individual or individuals in employment subject to this chapter; provided further, however, should the disposing employer reacquire all or substantially all of the same employing unit during the same or next succeeding calendar year without the predecessor having employed individuals, thereby succeeding to the employment experience, he shall be deemed not to have ceased operation and shall have his rate of contribution computed based upon that portion of his and his successor's employment experience occurring during the period specified in Section 25-4-54.
b. If, immediately subsequent to the date of transfer of his organization, trade or business, or substantially all the assets thereof to a successor as provided by paragraph (a)(4)a. of Section 25-4-8, he shall cease to be an employer subject to this chapter as of the date of such transfer. If, however, subsequent to the date of transfer, he employs or continues to employ any individual or individuals he shall again become an employer subject to this chapter when any of the provisions of Section 25-4-8 are met and shall be considered an employer first becoming subject for the purposes of Sections 25-4-16 and 25-4-54.
(3) As of January 1, next following two consecutive calendar years ending on the preceding December 31, during which he employed no individuals in employment subject to this chapter.
(c) Any political subdivision which has made an election may, prior to January 1, 1978, terminate said election after the two-year period called for in subsection (b) of Section 25-4-131 has been completed by filing with the secretary written notice not later than the December 1, of any calendar year, such termination to be effective as of the first day of the next ensuing calendar year with respect to services performed on and after that date.
(d) When an employer's coverage is terminated under the provisions of this section, such employer shall not, except as otherwise provided in this section, thereafter become subject to the provisions of this chapter on the basis of any employment by such employer prior to the effective date of such termination.
Structure Code of Alabama
Title 25 - Industrial Relations and Labor.
Chapter 4 - Unemployment Compensation.
Article 7 - General Provisions.
Section 25-4-130 - Duration of Employer's Coverage Under This Chapter; Termination of Coverage.
Section 25-4-131 - Election of Coverage Under Chapter by Employing Units and Political Subdivisions.
Section 25-4-132 - Assessment of Interest on Delinquent Contribution Payments.
Section 25-4-133 - Penalties for Delinquent Contribution Payments and Reports.
Section 25-4-134 - Procedures for Collection of Delinquent Contribution Payments.
Section 25-4-135 - Effect of Bankruptcy or Liquidation of Employer.
Section 25-4-136 - Secretary May Extend Time for Payment of Contributions.
Section 25-4-137 - Adjustments or Refunds.
Section 25-4-139 - Fees in Proceedings Under Chapter.
Section 25-4-143 - Appropriations.
Section 25-4-144 - Reservation of Right to Repeal or Amend Chapter.
Section 25-4-147 - Arrest Fee; Disposition of Fees Collected.
Section 25-4-149 - Appropriation of Funds for Payment of Benefits for State Employees Generally.
Section 25-4-150 - Payment of Fringe Benefits for Employees of Local Boards of Education.