- (a) Two or more eligible reimbursing employers may file a joint application with the commission for establishment of a group account on forms furnished by the commission, upon application being made therefor. Such application shall be filed upon a form so furnished and shall not be valid until approved by an authorized representative of the commission in writing.
- (b) The application shall identify and authorize an individual to act as the group's representative. He shall be authorized by all members of the group to maintain records, to prepare and sign reports, to secure and furnish a surety bond for the group when so directed by the commission, to furnish information to the commission pertaining to the group and its members, to collect and to pay all reimbursements and other amounts due to the commission, to specify those members that have failed to submit payments due, and to assist the commission in securing unpaid amounts due to the commission from a member or members of the group.
- (c) When such application has been approved by the commission in writing, the group account shall be established and shall remain active for not less than two years or until terminated. Application to terminate the group account after such two years shall be made by the group representative no later than December 1 to be effective at the beginning of the next calendar year.
- (d) At the discretion of the commission, the group account may be terminated at the end of a calendar year for failure to file reports accurately and timely, to furnish information pertaining to the group or its members, to furnish a surety bond when requested, or to pay reimbursements, penalties, and other amounts due from the group.
- (e) Each member shall be liable for reimbursement of benefits paid and other amounts which accrue after the group account has been terminated in accordance with total wages paid by each member and by the group during the last quarter that the group account was active and in which wages were paid.
- (f) Addition of a new member or members to the group shall not be valid unless a joint application, approved by all members of the group, to add such member or members is filed with the commission. Such application shall be filed upon a form furnished by the commission, upon application being made therefor, and shall be valid if approved in writing by an authorized representative of the commission. The application shall be effective as of the beginning of the calendar quarter in which the commission receives the application and each new member or new members of the group shall be liable for reimbursements during that and succeeding calendar quarters to the same extent as those members previously a part of the group.
- (g) Withdrawal of an active member or members shall be valid as of the end of a calendar quarter provided that a joint application for withdrawal of such member or members is filed with and approved by the commission during such quarter. The remaining member or members of the group account shall be liable for reimbursements during succeeding calendar quarters for all benefits paid which are attributable to service in the employ of withdrawn members. Such application shall be filed upon a form furnished by the commission, upon application being made therefor, and shall not be valid until approved by an authorized representative of the commission in writing. At the discretion of the commission, such application may be denied if the group account has failed to pay all reimbursements and other amounts due to the commission on the date that the withdrawal application is filed.
- (h) "Total wages paid" with respect to determining liability for amounts due by members of a group means total payment of "wages" as defined in the Act, except that the $6,000 limitation in §201.082 shall not be applicable.
Source Note:The provisions of this §815.28 adopted to be effective July 27, 1982, 7 TexReg 2630; transferred effective June 1, 1996, as published in the Texas Register June 18, 1996, 21 TexReg 5606.