Idaho Code
Chapter 13 - EMPLOYMENT SECURITY LAW
Section 72-1350 - TAXABLE WAGE BASE AND TAXABLE WAGE RATES.

72-1350. TAXABLE WAGE BASE AND TAXABLE WAGE RATES. (1) All remuneration for personal services as defined in section 72-1328, Idaho Code, equal to the average annual wage in covered employment for the penultimate calendar year, rounded to the nearest multiple of one hundred dollars ($100) or the amount of taxable wage base specified in the federal unemployment tax act, whichever is higher, shall be the taxable wage base for purposes of this chapter.
(2) Prior to December 31 of each year, the director shall determine the taxable wage rates for the following calendar year for all covered employers, except cost reimbursement employers, in accordance with this section. If the desired fund size multiplier set forth in subsection (3) of this section is revised with an effective date that is prior to January 1 of the following year, the director shall issue adjusted taxable wage rates as soon as practicable and in accordance with the revised multiplier’s effective date. Employers shall receive a credit against future taxes under this act for any overpayments resulting from tax payments made before the amended taxable wage rates are adjusted.
(3) An average high cost ratio shall be determined by calculating the average of the three (3) highest benefit cost rates in the twenty (20) year period ending with the preceding year. For the purposes of this section, the "benefit cost rate" is the total annual benefits paid, including the state’s share of extended benefits but excluding the federal share of extended benefits and cost-reimbursable benefits, divided by the total annual covered wages excluding cost-reimbursable wages. The resulting average high cost ratio is multiplied by the desired fund size multiplier and the result, for the purposes of this section, is referred to as the "average high cost multiple" (AHCM). The desired fund size multiplier shall be eight-tenths (0.8) and shall increase to nine-tenths (0.9) on and after January 1, 2012; to one (1) on and after January 1, 2013; to one and one-tenth (1.1) on and after January 1, 2014; to one and two-tenths (1.2) on and after January 1, 2015; to one and three-tenths (1.3) on and after January 1, 2016; to one and four-tenths (1.4) on and after January 1, 2017; and to one and three-tenths (1.3) on and after January 1, 2018.
(4) The fund balance ratio shall be determined by dividing the actual balance of the employment security fund, section 72-1346, Idaho Code, and the reserve fund, section 72-1347A, Idaho Code, on September 30 of the current calendar year by the wages paid by all covered employers in Idaho, except cost-reimbursement employers, in the preceding calendar year.
(5) The base tax rate shall be determined as follows:
(a) Divide the fund balance ratio by the AHCM;
(b) Subtract the quotient obtained from the calculation in paragraph (a) of this subsection from the number two (2);
(c) Multiply the remainder obtained from the calculation in paragraph (b) of this subsection by two and one-tenth percent (2.1%). The product obtained from this calculation shall equal the base tax rate, provided that the base tax rate shall not be less than six-tenths percent (0.6%) and shall not exceed three and four-tenths percent (3.4%).
(6) The base tax rate calculated in accordance with subsection (5) of this section shall be used to determine the taxable wage rate effective the following calendar year for all covered employers except cost-reimbursement employers as provided in subsections (7) and (8) of this section, except that the base tax rate for calendar years 2022 and 2023 shall be equal to the base tax rate calculated for calendar year 2021.
(7) Table of rate classes, tax factors and minimum and maximum taxable wage rates:


Cumulative Taxable Payroll Limits
Eligible Employers
More Than
Equal to
Minimum
Maximum
(% of
or Less Than
Taxable
Taxable
Rate
Taxable
(% of Taxable
Tax
Wage
Wage
Class
Payroll)
Payroll)
Factor
Rate
Rate
1

12
0.2857
0.180%
0.960%
2
12
24
0.4762
0.300%
1.600%
3
24
36
0.5714
0.360%
1.920%
4
36
48
0.6667
0.420%
2.240%
5
48
60
0.7619
0.480%
2.560%
6
60
72
0.8571
0.540%
2.880%
7
72

0.9524
0.600%
3.200%


Standard-Rated Employers
Minimum
Maximum
Taxable
Taxable
Tax
Wage
Wage
Factor
Rate
Rate
1.000
1.000%
3.4%



Cumulative Taxable Payroll Limits
Deficit Employers
More Than
Equal to
Minimum
Maximum
(% of
or Less Than
Taxable
Taxable
Rate
Taxable
(% of Taxable
Tax
Wage
Wage
Class
Payroll)
Payroll)
Factor
Rate
Rate
-1

30
1.7143
1.080%
4.800%
-2
30
50
1.9048
1.200%
5.200%
-3
50
65
2.0952
1.320%
5.600%
-4
65
80
2.2857
1.440%
6.000%
-5
80
95
2.6667
1.680%
6.400%
-6
95

2.6667
5.400%
6.800%

(8) Each covered employer, except cost-reimbursement employers, will be assigned a taxable wage rate and a contribution rate as follows:
(a) Each employer, except standard-rated employers, will be assigned to one (1) of the rate classes for eligible and deficit employers provided in subsection (7) of this section based upon the employer’s experience as determined under the provisions of sections 72-1319, 72-1319A, 72-1351 and 72-1351A, Idaho Code.
(b) For each rate class provided in subsection (7) of this section, the department will multiply the base tax rate determined in accordance with subsection (5) of this section by the tax factor listed for that rate class in the table provided in subsection (7) of this section. The product obtained from this calculation shall be the taxable wage rate for employers assigned to that rate class, provided that the taxable wage rate shall not be less than the minimum taxable wage rate assigned to that rate class and shall not exceed the maximum taxable wage rate assigned to that rate class in the table provided in subsection (7) of this section.
(c) For standard-rated employers, the department will multiply the base tax rate determined in accordance with subsection (5) of this section by the tax factor listed for standard-rated employers in the table provided in subsection (7) of this section. The product obtained from this calculation shall be the taxable wage rate for standard-rated employers, provided that the taxable wage rate shall not be less than the minimum taxable wage rate assigned to standard-rated employers and shall not exceed the maximum taxable wage rate assigned to standard-rated employers in the table provided in subsection (7) of this section.
(d) Deficit employers who have been assigned a taxable wage rate from deficit rate class 6 will be assigned contribution rates equal to their taxable wage rate.
(e) All other eligible, standard-rated, and deficit employers will be assigned contribution rates equal to ninety-seven percent (97%) of their taxable wage rate. Provided however, that for each calendar year a reserve tax is imposed pursuant to section 72-1347A, Idaho Code, the contribution rates for employers assigned contribution rates pursuant to this paragraph shall be eighty percent (80%) of their taxable wage rate.
(9) Each employer shall be notified of his taxable wage rate as determined for any calendar year pursuant to this section and section 72-1351, Idaho Code. Such determination shall become conclusive and binding upon the employer, unless within fourteen (14) days after notice as provided in section 72-1368(5), Idaho Code, the employer files an application for redetermination, setting forth his reasons therefor. Reconsideration shall be limited to transactions occurring subsequent to any previous determination that has become final. The employer shall be promptly notified of the redetermination, which shall become final unless an appeal is filed within fourteen (14) days after notice as provided in section 72-1368(5), Idaho Code. Proceedings on the appeal shall be in accordance with the provisions of section 72-1361, Idaho Code.

History:
[72-1350, added 1983, ch. 146, sec. 5, p. 390; am. 1985, ch. 203, sec. 1, p. 506; am. 1986, ch. 23, sec. 1, p. 68; am. 1987, ch. 317, sec. 1, p. 666; am. 1989, ch. 55, sec. 1, p. 71; am. 1989, ch. 198, sec. 1, p. 497; am. 1991, ch. 119, sec. 6, p. 252; am. 1995, ch. 98, sec. 2, p. 291; am. 1996, ch. 415, sec. 4, p. 1382; am. 1997, ch. 271, sec. 1, p. 787; am. 1998, ch. 1, sec. 66, p. 51; am. 1999, ch. 101, sec. 2, p. 318; am. 2001, ch. 18, sec. 1, p. 22; am. 2003, ch. 2, sec. 1, p. 3; am. 2005, ch. 5, sec. 8, p. 13; am. 2011, ch. 111, sec. 5, p. 302; am. 2016, ch. 158, sec. 2, p. 431; am. 2016, ch. 280, sec. 1, p. 772; am. 2018, ch. 1, sec. 1, p. 3; am. 2022, ch. 5, sec. 1, p. 16.]

Structure Idaho Code

Idaho Code

Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION

Chapter 13 - EMPLOYMENT SECURITY LAW

Section 72-1301 - SHORT TITLE.

Section 72-1302 - DECLARATION OF STATE PUBLIC POLICY.

Section 72-1303 - DEFINITIONS.

Section 72-1304 - AGRICULTURAL LABOR.

Section 72-1305 - ANNUAL PAYROLL.

Section 72-1306 - BASE PERIOD.

Section 72-1307 - BENEFITS.

Section 72-1308 - BENEFIT YEAR.

Section 72-1309 - COMMISSION.

Section 72-1310 - BONUS PAYMENT.

Section 72-1311 - CALENDAR QUARTER.

Section 72-1312 - COMPENSABLE WEEK.

Section 72-1312A - CORPORATE OFFICER — EMPLOYMENT.

Section 72-1313 - COMPUTATION DATE.

Section 72-1314 - CONTRIBUTIONS.

Section 72-1315 - COVERED EMPLOYER.

Section 72-1315A - COST REIMBURSEMENT EMPLOYER.

Section 72-1316 - COVERED EMPLOYMENT.

Section 72-1316A - EXEMPT EMPLOYMENT.

Section 72-1317 - CUT-OFF DATE.

Section 72-1318 - DIRECTOR — DEPARTMENT.

Section 72-1318A - DECISION.

Section 72-1318B - DETERMINATION, REVISED DETERMINATION, REDETERMINATION OR SPECIAL REDETERMINATION.

Section 72-1319 - ELIGIBLE EMPLOYER.

Section 72-1319A - DEFICIT EMPLOYER.

Section 72-1319B - TAXABLE WAGE RATE.

Section 72-1320 - CREW LEADER.

Section 72-1321 - DETERMINING SUITABILITY OF ITS EMPLOYEES, APPLICANTS AND PROSPECTIVE CONTRACTORS FOR EMPLOYMENT AND ACCESS TO FEDERAL TAX INFORMATION.

Section 72-1322 - EXPERIENCE RATING.

Section 72-1322A - HOSPITAL.

Section 72-1322B - EDUCATIONAL INSTITUTION.

Section 72-1322C - GOVERNMENTAL ENTITY.

Section 72-1322D - NONPROFIT ORGANIZATION.

Section 72-1323 - INTERESTED PARTIES.

Section 72-1324 - PAYROLL.

Section 72-1325 - PERSON.

Section 72-1327 - STATE.

Section 72-1327A - VALID CLAIM.

Section 72-1328 - WAGES.

Section 72-1329 - WAITING WEEK.

Section 72-1330 - WEEK.

Section 72-1331 - ADMINISTRATION.

Section 72-1332 - AUTHORITY AND DUTIES OF THE COMMISSION.

Section 72-1333 - DEPARTMENT OF LABOR — AUTHORITY AND DUTIES OF THE DIRECTOR.

Section 72-1334 - PUBLICATIONS.

Section 72-1335 - PERSONNEL.

Section 72-1337 - RECORDS AND REPORTS.

Section 72-1338 - OATHS AND WITNESSES.

Section 72-1339 - ENFORCEMENT OF SUBPOENAS.

Section 72-1340 - PROTECTION AGAINST SELF-INCRIMINATION.

Section 72-1341 - FEDERAL-STATE COOPERATION.

Section 72-1342 - DISCLOSURE OF INFORMATION.

Section 72-1343 - PRESERVATION AND DESTRUCTION OF RECORDS.

Section 72-1344 - RECIPROCAL ARRANGEMENTS AND COOPERATION.

Section 72-1345 - STATE EMPLOYMENT SERVICE.

Section 72-1346 - EMPLOYMENT SECURITY FUND.

Section 72-1346A - ADVANCES UNDER TITLE XII OF THE SOCIAL SECURITY ACT TO EMPLOYMENT SECURITY FUND — FEDERAL ADVANCE INTEREST REPAYMENT FUND.

Section 72-1346B - UNEMPLOYMENT BENEFIT BONDS.

Section 72-1347 - EMPLOYMENT SECURITY ADMINISTRATION FUND.

Section 72-1347A - EMPLOYMENT SECURITY RESERVE FUND — SPECIAL ADMINISTRATION FUND.

Section 72-1348 - STATE EMPLOYMENT SECURITY ADMINISTRATIVE AND REIMBURSEMENT FUND.

Section 72-1349 - PAYMENT OF CONTRIBUTIONS — LIMITATION OF ACTIONS.

Section 72-1349A - FINANCING OF BENEFIT PAYMENTS BY NONPROFIT ORGANIZATIONS AND GOVERNMENTAL ENTITIES.

Section 72-1349B - FINANCING OF BENEFITS PAYMENTS BY PROFESSIONAL EMPLOYERS AND THEIR CLIENTS.

Section 72-1349C - TREATMENT OF INDIAN TRIBES.

Section 72-1350 - TAXABLE WAGE BASE AND TAXABLE WAGE RATES.

Section 72-1351 - EXPERIENCE RATING AND VOLUNTARY TRANSFERS OF EXPERIENCE RATING ACCOUNTS.

Section 72-1351A - MANDATORY TRANSFERS OF EXPERIENCE RATING ACCOUNTS AND FEDERAL CONFORMITY PROVISIONS REGARDING TRANSFERS OF EXPERIENCE AND ASSIGNMENT OF RATES.

Section 72-1351B - FEDERAL CONFORMITY PROVISION PROHIBITING RELIEF FROM LIABILITY.

Section 72-1352 - PERIOD, TERMINATION, AND ELECTION OF EMPLOYER COVERAGE.

Section 72-1352A - CORPORATE OFFICERS — EXEMPTION FROM COVERAGE — NOTIFICATION — REINSTATEMENT.

Section 72-1353 - ADMINISTRATIVE DETERMINATIONS OF COVERAGE.

Section 72-1354 - PENALTY ON UNPAID AMOUNTS.

Section 72-1355 - COLLECTION BY SUIT.

Section 72-1355A - CONTRACTORS’ AND PRINCIPALS’ LIABILITY FOR CONTRIBUTIONS.

Section 72-1356 - PRIORITIES.

Section 72-1357 - ADJUSTMENTS AND REFUNDS.

Section 72-1358 - DETERMINATION OF AMOUNTS DUE UPON FAILURE TO REPORT.

Section 72-1359 - JEOPARDY ASSESSMENTS.

Section 72-1360 - LIENS.

Section 72-1360A - COLLECTION OF LIEN AMOUNTS.

Section 72-1361 - APPEALS TO THE DEPARTMENT AND TO THE COMMISSION.

Section 72-1362 - LIABILITY OF SUCCESSOR.

Section 72-1364 - UNCOLLECTIBLE ACCOUNTS.

Section 72-1365 - PAYMENT OF BENEFITS.

Section 72-1366 - PERSONAL ELIGIBILITY CONDITIONS.

Section 72-1367 - BENEFIT FORMULA.

Section 72-1367A - EXTENDED BENEFITS.

Section 72-1368 - CLAIMS FOR BENEFITS — APPELLATE PROCEDURE — LIMITATION OF ACTIONS.

Section 72-1369 - OVERPAYMENTS, CIVIL PENALTIES AND INTEREST — COLLECTION AND WAIVER.

Section 72-1370 - DISTRIBUTION OF BENEFIT PAYMENTS UPON DEATH.

Section 72-1371 - MISREPRESENTATION TO OBTAIN BENEFITS OR TO PREVENT PAYMENTS OR TO EVADE CONTRIBUTION LIABILITY — CRIMINAL PENALTY.

Section 72-1372 - CIVIL PENALTIES.

Section 72-1373 - VIOLATION OF THIS LAW OR RULES THEREUNDER.

Section 72-1374 - UNAUTHORIZED DISCLOSURE OF INFORMATION.

Section 72-1375 - PROTECTION OF RIGHTS AND BENEFITS.

Section 72-1376 - REPRESENTATION IN COURT.

Section 72-1377 - SAVING CLAUSE.

Section 72-1378 - SEPARABILITY OF PROVISIONS.

Section 72-1379 - REFERENCES IN CHAPTER.

Section 72-1381 - DIRECTOR TO COOPERATE WITH GOVERNOR IN MEDIATION OF DISPUTES.

Section 72-1382 - DUTIES OF DIRECTOR — DETERMINATION OF REPRESENTATIVES.

Section 72-1385 - PROVISIONS NOT TO APPLY TO AGRICULTURAL OR DOMESTIC LABOR.