Georgia Code
Article 5 - Contributions and Payments in Lieu of Contributions
§ 34-8-156. State-Wide Reserve Ratio; Reduction in Tax Rate

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provided, however, that for the periods of January 1 through December 31, 2004; January 1 through December 31, 2005; and January 1 through December 31, 2006, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent on the computation date with respect to rates applicable to calendar year 2004, 2005, or 2006, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the periods of January 1 through December 31, 2007, January 1 through December 31, 2008, January 1 through December 31, 2009, January 1 through December 31, 2010, January 1 through December 31, 2011, and January 1 through December 31, 2012, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2007, 2008, 2009, 2010, 2011, or 2012, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the period of January 1 through December 31, 2013, and for each calendar year period thereafter, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2013 or any calendar year thereafter, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; provided, however, that if any funds borrowed by the Commissioner from the United States Treasury pursuant to Code Section 34-8-87 are unpaid or if the Unemployment Compensation Fund balance is less than $1 billion, then the Commissioner of Labor shall impose an increase in the overall rate of 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155.
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 60 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 60 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 50 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 60 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Increase 3.0 percent 3.6 percent 25 percent 3.6 percent and over 50 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Increase 1.8 percent 2.6 percent 25 percent Under 1.8 percent 50 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Reduction 2.4 percent 2.7 percent 25 percent 2.7 percent and over 50 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Increase 1.8 percent 2.1 percent 25 percent Under 1.8 percent 50 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Reduction 2.4 percent 2.7 percent 25 percent 2.7 percent and over 50 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Increase 1.8 percent 2.0 percent 25 percent Under 1.8 percent 50 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Reduction 2.4 percent 2.7 percent 25 percent 2.7 percent and over 50 percent
If the State-wide Reserve Ratio: Equals But Is Overall or Exceeds Less Than Increase 1.5 percent 1.7 percent 25 percent 1.25 percent 1.5 percent 50 percent 0.75 percent 1.25 percent 75 percent Under 0.75 percent 100 percent
(A) The dollar amount by which the Unemployment Trust Fund exceeds the dollar amount which equates to a State-wide Reserve Ratio of 2.1 percent shall be divided by the total of contributions collected attributable to wages paid during the preceding calendar year, excluding penalty and interest, as of the computation date as that term is defined in Code Section 34-8-28;
(B) The resulting percentage shall be used to reduce all experience rated contribution rates by that same percentage; provided, however, that the resulting reduction shall not reduce contribution rates below the level which will produce a contribution rate of 5.4 percent for maximum deficit reserve accounts. This reduction in contribution rates shall be valid for the succeeding calendar year only; and
History. Code 1981, § 34-8-156 , enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1994, p. 640, § 2; Ga. L. 1996, p. 670, § 2; Ga. L. 1997, p. 831, § 1; Ga. L. 1998, p. 1501, §§ 3, 4, 5; Ga. L. 1999, p. 449, § 4; Ga. L. 1999, p. 521, § 4; Ga. L. 2002, p. 1119, § 5; Ga. L. 2003, p. 362, § 1; Ga. L. 2004, p. 1074, § 2; Ga. L. 2005, p. 1200, § 5/HB 520; Ga. L. 2006, p. 877, § 1/HB 1326; Ga. L. 2007, p. 394, § 2/HB 443; Ga. L. 2008, p. 324, § 34/SB 455; Ga. L. 2009, p. 139, § 3/HB 581; Ga. L. 2011, p. 390, § 3/HB 292; Ga. L. 2012, p. 950, § 2/HB 347.
Editor’s notes.
Ga. L. 1999, p. 449, § 1, and Ga. L. 1999, p. 521, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Workforce Reinvestment Act of 1999’.”
Ga. L. 2002, p. 1119, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Employment Security and Enhancement Act of 2002’.”
Ga. L. 2009, p. 139, § 1/HB 581, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Georgia Works Job Creation and Protection Act of 2009.’ ”
U.S. Code.
Section 903 of the federal Social Security Act, referred to in subsection (a), is codified as 42 U.S.C. § 1103 .
Law reviews.
For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003).
For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 92 (2012).