Missouri Revised Statutes
Chapter 288 - Employment Security
Section 288.128 - Additional assessment for interest on federal advancements and proceeds of credit instruments, procedure — excess collections, use of — credit instrument and financing agreement repayment surcharge.

Effective - 28 Aug 2018, 2 histories
288.128. Additional assessment for interest on federal advancements and proceeds of credit instruments, procedure — excess collections, use of — credit instrument and financing agreement repayment surcharge. — 1. If the fund is utilizing moneys advanced by the federal government under the provisions of 42 U.S.C.A., Section 1321, pursuant to section 288.330, each employer may be assessed an amount solely for the payment of interest due on such federal advancements. The rate shall be determined by dividing the interest due on federal advancements by ninety-five percent of the total taxable wages paid by all Missouri employers in the preceding calendar year. Each employer's proportionate share shall be the product obtained by multiplying such employer's total taxable wages for the preceding calendar year by the rate specified in this section. Each employer shall be notified of the amount due under this section by June thirtieth of each year and such amount shall be considered delinquent thirty days thereafter. The moneys collected from each employer for the payment of interest due on federal advances shall be deposited in the special employment security fund.
2. If on December thirty-first of any year the money collected under subsection 1 of this section exceeds the amount of interest due on federal advancements by one hundred thousand dollars or more, then each employer's experience rating account shall be credited with an amount which bears the same ratio to the excess moneys collected under this section as that employer's payment collected under this section bears to the total amount collected under this section. Further, if on December thirty-first of any year the moneys collected under this section exceed the amount of interest due on the federal advancements by less than one hundred thousand dollars, the balance shall be transferred from the special employment security fund to the Secretary of the Treasury of the United States to be credited to the account of this state in the unemployment trust fund.
3. If the fund is utilizing moneys from the proceeds of credit instruments issued under section 288.330, or from the moneys advanced under financial agreements under subdivision (17) of subsection 2 of section 288.330, or a combination of credit instrument proceeds and moneys advanced under financial agreements each employer may be assessed a credit instrument and financing agreement repayment surcharge. The total of such surcharge shall be calculated as an amount up to one hundred fifty percent of the amount required in the twelve-month period following the due date for the payment of such surcharge for the payment of the principal, interest, and administrative expenses related to such credit instruments, or in the case of financial agreements for the payment of principal, interest, and administrative expenses related to such financial agreements, or in the case of a combination of credit instruments and financial agreements for the payment of principal, interest, and administrative expenses for both. The total annual surcharge to be collected shall be calculated by the division as a percentage of the total statewide contributions collected during the previous calendar year. Each employer's proportionate share shall be the product obtained by multiplying the percentage calculated under this subsection by each employer's contributions due under this chapter for each filing period during the preceding calendar year. Each employer shall be notified by the division of the amount due under this section by April thirtieth of each year and such amount shall be considered delinquent thirty days thereafter. Any moneys overcollected in excess of the actual administrative, interest, and principal repayments costs for the credit instruments or financial agreements used shall be deposited into the state unemployment insurance trust fund and credited to the employer's experience account.
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(L. 1984 H.B. 1251 & 1549 § 288.129, A.L. 1994 S.B. 559, A.L. 2004 H.B. 1268 & 1211, A.L. 2006 H.B. 1456, A.L. 2018 S.B. 975 & 1024 Revision)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVIII - Labor and Industrial Relations

Chapter 288 - Employment Security

Section 288.010 - Title of law.

Section 288.020 - Public policy declared — construction of law.

Section 288.030 - Definitions — calculation of Missouri average annual wage.

Section 288.032 - Employer defined, exceptions.

Section 288.034 - Employment defined.

Section 288.035 - Owner and operator leasing motor vehicle with driver to a for-hire common or contract carrier not deemed employed for unemployment compensation, exception.

Section 288.036 - Wages defined — state taxable wage base.

Section 288.036 - Wages defined — state taxable wage base.

Section 288.037 - Indian tribes considered employers for purposes of unemployment compensation payments, when — definitions — requirements.

Section 288.038 - Maximum weekly benefit amount defined.

Section 288.040 - Eligibility for benefits — exceptions — report, contents.

Section 288.041 - Employer to provide notice of ineligibility for unemployment benefits, when.

Section 288.042 - War on terror veterans, defined — eligible for benefits — time period — penalty — offer of similar wages — fund — rulemaking authority.

Section 288.045 - Misconduct connected with the claimant's work, when — controlled substance and blood alcohol content levels — notice — tests conducted, when — violation, penalty — preemployment testing — testing provision not to apply, when — speci...

Section 288.046 - General assembly's intent to abrogate certain case law — determining misconduct, evidence of impairment.

Section 288.050 - Benefits denied unemployed workers, when — pregnancy, requirements for benefit eligibility.

Section 288.051 - Temporary employees, defined, deemed to have voluntarily quit employment, when.

Section 288.055 - Retraining programs, eligibility to receive benefits while in program, requirements.

Section 288.060 - Benefits, how paid — wage credits — limitation on duration of benefits — benefits due decedent — benefit warrants cancelled, when — electronic funds transfer system, allowed — remote claims filing procedures required, contents, duti...

Section 288.060 - Benefits, how paid -- wage credits — benefits due decedent — benefit warrants cancelled, when — electronic funds transfer system, allowed — remote claims filing procedures required, contents, duties.

Section 288.062 - "On" and "Off" indicators, state and national, how determined — extended benefits, defined — amount and how computed.

Section 288.070 - Claims for benefits — procedure — payment pending appeal.

Section 288.080 - Employer, when subject to law — election of coverage — termination.

Section 288.090 - Contributions required, when — payments in lieu of contributions, procedures — common paymaster arrangements.

Section 288.100 - Experience rating — employer accounts, credits and charges.

Section 288.102 - Rules, procedures.

Section 288.110 - Transfer of employer accounts — successor employer liabilities — unemployment experience, how treated — penalties — definitions.

Section 288.113 - Employer's rate, how determined.

Section 288.120 - Employer's contribution rate, how determined — exception shared work plan, how computed — surcharges for employers taxed at the maximum rate — overpayments, time limit for appeal.

Section 288.120 - Employer's contribution rate, how determined — exception shared work plan, how computed — surcharges for employers taxed at the maximum rate.

Section 288.121 - Rate increased when average balance in fund is less than certain amount, how — rate calculations for certain years.

Section 288.122 - If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table.

Section 288.122 - If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table — effective, when.

Section 288.124 - Average annual payroll defined.

Section 288.125 - Voluntary payments by employer.

Section 288.126 - Ineligibility for rate calculation, rate used, positive and negative experience rate account balances.

Section 288.128 - Additional assessment for interest on federal advancements and proceeds of credit instruments, procedure — excess collections, use of — credit instrument and financing agreement repayment surcharge.

Section 288.130 - Employer records — form of report — benefit information — liability determination — final when — extension of time period for cause — reconsideration, when.

Section 288.132 - Unemployment automation fund created, use of moneys.

Section 288.133 - Unemployment automation adjustment, amount — reductions, when.

Section 288.140 - Contribution adjustments or refunds.

Section 288.150 - Unpaid contributions, interest rate due, abatement during extensions — exceptions.

Section 288.160 - Assessment of delinquent contributions — limitations — refusal to file, penalty.

Section 288.170 - Collection of delinquent contributions.

Section 288.175 - Debtor's federal income tax refund may be intercepted — debt defined — debtor defined — use of collection agencies authorized.

Section 288.180 - Compromise of delinquent contributions.

Section 288.190 - Administrative appeals on disputed determinations — party subject to appeal decision, right to counsel.

Section 288.200 - Appeals to labor and industrial relations commission.

Section 288.210 - Judicial review of decisions of industrial commission, grounds — division to be a party, when.

Section 288.215 - Finding of fact, conclusion of law, judgment or order not conclusive or binding, when — use of evidence in other proceedings.

Section 288.220 - Administration of law — director — state unemployment insurance operation — rules and regulations.

Section 288.222 - Resume retrieval program, division may administer, charge fees — general assembly may appropriate funds for program.

Section 288.225 - Group insurance for employees of division.

Section 288.230 - Power to subpoena records and witnesses — mileage and per diem for witnesses — witness's right against self-incrimination, procedure to claim, effect.

Section 288.240 - Papers, deemed filed, when.

Section 288.245 - Records of division constitute evidence of date of mailing or electronic transmission.

Section 288.247 - Electronic document transmission and filing requirements — investigations of protested issues and fraud, appeals decided.

Section 288.250 - Records confidential — privileged communications — violation, penalty.

Section 288.251 - Cooperation with not-for-profit agencies authorized.

Section 288.260 - Annual report.

Section 288.290 - Unemployment compensation fund, established — administration, deposit of funds — purposes — erroneous collection of interest or penalties.

Section 288.300 - Unemployment compensation administration fund, administration and disbursement.

Section 288.310 - Special employment security fund — use of funds — amounts transferred between funds, when.

Section 288.320 - Federal funds, how used — reimbursement, when authorized.

Section 288.330 - State liability for benefits limited, authority for application and repayment of federal advances — board of unemployment fund financing created, duties, requirements, powers — disposition of unobligated funds.

Section 288.330 - State liability for benefits limited, authority for application and repayment of federal advances — board of unemployment fund financing created, duties, requirements, powers — disposition of unobligated funds.

Section 288.340 - Cooperation with federal government and sister states.

Section 288.345 - Division may participate in federal comprehensive manpower programs.

Section 288.350 - Effect of amendments to related federal law.

Section 288.360 - Records of division — reproduction, destruction, copies.

Section 288.370 - Law does not confer vested rights.

Section 288.375 - Discharge for testifying prohibited, civil action for damages, statute of limitations.

Section 288.379 - Notice given to filer of claim, taxation of benefits — deducted amounts remain in trust fund until transference — division to follow procedures — order in which amounts are deducted.

Section 288.380 - Void agreements — offenses, penalties — deductions of support obligations and uncollected overissuance of food stamps — offset for overpayment of benefits by other states, when — definitions.

Section 288.381 - Collection of benefits paid when claimant later determined ineligible or awarded back pay — violation, damages.

Section 288.382 - Uncollectible benefit overpayments, how determined.

Section 288.390 - State to comply with minimum standards prescribed by federal law.

Section 288.395 - Fraud or misrepresentation, penalties.

Section 288.398 - Contracts with consumer reporting agencies authorized — information limited — privacy rules apply — written consent, contents — use of information limited, verified by consumer reporting agency — confidentiality safeguards required...

Section 288.500 - Shared work program created — definitions — plan, requirements — plan denied, submission of new plan, when — contribution by employer, how computed — benefits — severability clause.

Section 288.501 - Extension of benefits — alternate base period defined — use of federal moneys.