1. (1) "Net benefit costs" are defined as those unemployment insurance benefits actually paid during the fiscal year without regard to the week ending date for which the payment is made. The unemployment insurance benefit is considered paid on the date the unemployment insurance benefit payment is issued.

   1. (a) "Net benefit costs" do not include those unemployment insurance benefits established as an overpayment during the same fiscal year in which the unemployment insurance benefits were paid.

   2. (b) Benefit costs from a prior fiscal year subsequently established as an overpayment will be deducted from cumulative benefit costs beginning with the fiscal year in which the overpayment is established. Such benefit costs will not be deducted from benefit costs attributable to prior fiscal years except in cases where:

      1. (i) failure to make the deduction would result in a gross inequity; and
      2. (ii) the employer made a written request within 30 days of when it knew or should have known of the establishment of the overpayment.
   3. (c) Once the fiscal year ends, any benefit costs from a prior fiscal year which are subsequently identified as an overpayment will be deducted from the cumulative benefit costs beginning with the year in which the overpayment is established and subsequent years.
2. (2) If the benefit costs used to compute the basic tax rate are less than zero, they will be treated as if they were zero and the minimum overall tax rate assigned to an employer will be the social tax rate.

KEY: unemployment compensation, rates

Date of Last Change: April 21, 2022

Notice of Continuation: June 9, 2022

Authorizing, and Implemented or Interpreted Law: 35A-4-303