1. (1) The contribution rate for each employer subject to contributions under RCW 50.24.010 shall be the sum of the array calculation factor rate and the graduated social cost factor rate determined under this subsection, and the solvency surcharge determined under RCW 50.29.041, if any.

   1. (a) The array calculation factor rate shall be determined as follows:

      1. (i) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer:

         1. (A) Identification number;
         2. (B) benefit ratio; and (C) taxable payrolls for the four consecutive calendar quarters immediately preceding the computation date and reported to the employment security department by the cut-off date.

      2. (ii) Each employer in the array shall be assigned to one of forty rate classes according to his or her benefit ratio as follows, and, except as provided in RCW 50.29.026, the array calculation factor rate for each employer in the array shall be the rate specified in the rate class to which the employer has been assigned:

         Benefit Ratio	RateClass	Rate(percent)
         At least	Less than
         	0.000001	1	0.00
         0.000001	0.001250	2	0.11
         0.001250	0.002500	3	0.22
         0.002500	0.003750	4	0.33
         0.003750	0.005000	5	0.43
         0.005000	0.006250	6	0.54
         0.006250	0.007500	7	0.65
         0.007500	0.008750	8	0.76
         0.008750	0.010000	9	0.88
         0.010000	0.011250	10	1.01
         0.011250	0.012500	11	1.14
         0.012500	0.013750	12	1.28
         0.013750	0.015000	13	1.41
         0.015000	0.016250	14	1.54
         0.016250	0.017500	15	1.67
         0.017500	0.018750	16	1.80
         0.018750	0.020000	17	1.94
         0.020000	0.021250	18	2.07
         0.021250	0.022500	19	2.20
         0.022500	0.023750	20	2.38
         0.023750	0.025000	21	2.50
         0.025000	0.026250	22	2.63
         0.026250	0.027500	23	2.75
         0.027500	0.028750	24	2.88
         0.028750	0.030000	25	3.00
         0.030000	0.031250	26	3.13
         0.031250	0.032500	27	3.25
         0.032500	0.033750	28	3.38
         0.033750	0.035000	29	3.50
         0.035000	0.036250	30	3.63
         0.036250	0.037500	31	3.75
         0.037500	0.040000	32	4.00
         0.040000	0.042500	33	4.25
         0.042500	0.045000	34	4.50
         0.045000	0.047500	35	4.75
         0.047500	0.050000	36	5.00
         0.050000	0.052500	37	5.15
         0.052500	0.055000	38	5.25
         0.055000	0.057500	39	5.30
         0.057500		40	5.40

   2. (b) The graduated social cost factor rate shall be determined as follows:

      1. (i)

         1. (A) Except as provided in (b)(i)(B) and (C) of this subsection, the commissioner shall calculate the flat social cost factor for a rate year by dividing the total social cost by the total taxable payroll. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it amounts to five hundredths or more, in which case the second decimal place shall be rounded to the next higher digit. The flat social cost factor shall be expressed as a percentage.

         2. (B)

            1. (I) If, on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide more than ten months of unemployment benefits, the commissioner shall calculate the flat social cost factor for the rate year immediately following the cut-off date by reducing the total social cost by the dollar amount that represents the number of months for which the balance in the unemployment compensation fund on the cut-off date will provide benefits above ten months and dividing the result by the total taxable payroll. However, the calculation under this subsection (1)(b)(i)(B) for a rate year may not result in a flat social cost factor that is more than four-tenths lower than the calculation under (b)(i)(A) of this subsection for that rate year. For rate year 2011 and thereafter, the calculation may not result in a flat social cost factor that is more than one and twenty-two one-hundredths percent except for rate year 2021 the calculation may not result in a flat social cost factor that is more than five-tenths percent, for rate year 2022 the calculation may not result in a flat social cost factor that is more than five-tenths percent, for rate year 2023 the calculation may not result in a flat social cost factor that is more than seven-tenths percent, for rate year 2024 the calculation may not result in a flat social cost factor that is more than eighty-five one-hundredths percent, and for rate year 2025 the calculation may not result in a flat social cost factor that is more than nine-tenths percent.
            2. (II) If, on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide ten months of unemployment benefits or less, the flat social cost factor for the rate year immediately following the cut-off date may not increase by more than fifty percent over the previous rate year or may not exceed one and twenty-two one-hundredths percent, whichever is greater.
            3. (III) For the purposes of this subsection (1)(b), the commissioner shall determine the number of months of unemployment benefits in the unemployment compensation fund using the benefit cost rate for the average of the three highest calendar benefit cost rates in the twenty consecutive completed calendar years immediately preceding the cut-off date or a period of consecutive calendar years immediately preceding the cut-off date that includes three recessions, if longer.

         3. (C) The minimum flat social cost factor calculated under this subsection (1)(b) shall be six-tenths of one percent, except that if the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide:

            1. (I) At least ten months but less than eleven months of unemployment benefits, the minimum shall be five-tenths of one percent; or
            2. (II) At least eleven months but less than twelve months of unemployment benefits, the minimum shall be forty-five hundredths of one percent; or
            3. (III) At least twelve months but less than thirteen months of unemployment benefits, the minimum shall be four-tenths of one percent; or
            4. (IV) At least thirteen months but less than fifteen months of unemployment benefits, the minimum shall be thirty-five hundredths of one percent; or
            5. (V) At least fifteen months but less than seventeen months of unemployment benefits, the minimum shall be twenty-five hundredths of one percent; or
            6. (VI) At least seventeen months but less than eighteen months of unemployment benefits, the minimum shall be fifteen hundredths of one percent; or
            7. (VII) At least eighteen months of unemployment benefits, the minimum shall be fifteen hundredths of one percent through rate year 2011 and shall be zero thereafter.

      2. (ii) The graduated social cost factor rate for each employer in the array is the flat social cost factor multiplied by the percentage specified as follows for the rate class to which the employer has been assigned in (a)(ii) of this subsection, except that the sum of an employer's array calculation factor rate and the graduated social cost factor rate may not exceed six percent or, for employers whose North American industry classification system code is within "111," "112," "1141," "115," "3114," "3117," "42448," or "49312," may not exceed five and four-tenths percent:

         1. (A) Rate class 1 - 40 percent;
         2. (B) Rate class 2 - 44 percent;
         3. (C) Rate class 3 - 48 percent;
         4. (D) Rate class 4 - 52 percent;
         5. (E) Rate class 5 - 56 percent;
         6. (F) Rate class 6 - 60 percent;
         7. (G) Rate class 7 - 64 percent;
         8. (H) Rate class 8 - 68 percent;
         9. (I) Rate class 9 - 72 percent;
         10. (J) Rate class 10 - 76 percent;
         11. (K) Rate class 11 - 80 percent;
         12. (L) Rate class 12 - 84 percent;
         13. (M) Rate class 13 - 88 percent;
         14. (N) Rate class 14 - 92 percent;
         15. (O) Rate class 15 - 96 percent;
         16. (P) Rate class 16 - 100 percent;
         17. (Q) Rate class 17 - 104 percent;
         18. (R) Rate class 18 - 108 percent;
         19. (S) Rate class 19 - 112 percent;
         20. (T) Rate class 20 - 116 percent; and
         21. (U) Rate classes 21 through 40 - 120 percent.
      3. (iii) For rate year 2023, for any employer with 10 or fewer employees as reported on the employer's fourth quarter report to the department for 2021 and whose rate class is greater than rate class 7, the employer's rate class, only for purposes of the rate classes in (b)(ii)(A) through (U) of this subsection (1), is rate class 7.

      4. (iv) For the purposes of this section:

         1. (A) "Total social cost" means the amount calculated by subtracting the array calculation factor contributions paid by all employers with respect to the four consecutive calendar quarters immediately preceding the computation date and paid to the employment security department by the cut-off date from the total unemployment benefits paid to claimants in the same four consecutive calendar quarters.
         2. (B) "Total taxable payroll" means the total amount of wages subject to tax, as determined under RCW 50.24.010, for all employers in the four consecutive calendar quarters immediately preceding the computation date and reported to the employment security department by the cut-off date.

   3. (c) For employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due:

      1. (i)

         1. (A) For an employer who does not enter into an approved agency-deferred payment contract as described in (c)(i)(B) or (C) of this subsection, the array calculation factor rate shall be the rate it would have been if the employer had not been delinquent in payment plus an additional one percent or, if the employer is delinquent in payment for a second or more consecutive year, an additional two percent;
         2. (B) For an employer who enters an approved agency-deferred payment contract by September 30th of the previous rate year, the array calculation factor rate shall be the rate it would have been if the employer had not been delinquent in payment;
         3. (C) For an employer who enters an approved agency-deferred payment contract after September 30th of the previous rate year, but within thirty days of the date the department sent its first tax rate notice, the array calculation factor rate shall be the rate it would have been had the employer not been delinquent in payment plus an additional one-half of one percent or, if the employer is delinquent in payment for a second or more consecutive year, an additional one and one-half percent;
         4. (D) For an employer who enters an approved agency-deferred payment contract as described in (c)(i)(B) or (C) of this subsection, but who fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the array calculation factor rate shall immediately revert to the applicable array calculation factor rate under (c)(i)(A) of this subsection; and
      2. (ii) The social cost factor rate shall be the social cost factor rate assigned to rate class 40 under (b)(ii) of this subsection.

   4. (d) For all other employers not qualified to be in the array:

      1. (i) The array calculation factor rate shall be a rate equal to the average industry array calculation factor rate as determined by the commissioner, multiplied by the history factor, but not less than one percent or more than the array calculation factor rate in rate class 40;
      2. (ii) The social cost factor rate shall be a rate equal to the average industry social cost factor rate as determined by the commissioner, multiplied by the history factor, but not more than the social cost factor rate assigned to rate class 40 under (b)(ii) of this subsection; and

      3. (iii) The history factor shall be based on the total amounts of benefits charged and contributions paid in the three fiscal years ending prior to the computation date by employers not qualified to be in the array, other than employers in (c) of this subsection, who were first subject to contributions in the calendar year ending three years prior to the computation date. The commissioner shall calculate the history ratio by dividing the total amount of benefits charged by the total amount of contributions paid in this three-year period by these employers. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it amounts to five one-hundredths or more, in which case the second decimal place shall be rounded to the next higher digit. The commissioner shall determine the history factor according to the history ratio as follows:

         	HistoryRatio		HistoryFactor(percent)
         	At least	Less than
         (A)		.95	90
         (B)	.95	1.05	100
         (C)	1.05		115

2. (2) Assignment of employers by the commissioner to industrial classification, for purposes of this section, shall be in accordance with established classification practices found in the North American industry classification system code.

[ 2022 c 61 s 1; 2022 c 17 s 1; 2021 c 2 s 17. Prior: 2011 c 4 s 16; 2011 c 3 s 3; 2010 c 72 s 1; prior: 2009 c 493 s 2; 2009 c 3 s 14; 2007 c 51 s 1; 2006 c 13 s 4; 2005 c 133 s 5; 2003 2nd sp.s. c 4 s 14; 2003 c 4 s 1; 2000 c 2 s 4; 1995 c 4 s 2; (1995 c 4 s 1 expired January 1, 1998); prior: 1993 c 483 s 21; 1993 c 226 s 14; 1993 c 226 s 13; 1990 c 245 s 7; 1989 c 380 s 79; 1987 c 171 s 3; 1985 ex.s. c 5 s 7; 1984 c 205 s 5.]

Notes:

Reviser's note:This section was amended by 2022 c 17 s 1 and by 2022 c 61 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Effective date—2022 c 61: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 11, 2022]." [ 2022 c 61 s 3.]

Intent—Conflict with federal requirements—Effective date—2021 c 2: See notes following RCW 50.04.323.

Effective date—2011 c 4 ss 1-6 and 16-21: See note following RCW 50.20.120.

Conflict with federal requirements—2011 c 4: See note following RCW 50.29.021.

Conflict with federal requirements—Effective date—2011 c 3: See notes following RCW 50.22.010.

Conflict with federal requirements—2010 c 72: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 2010 c 72 s 3.]

Conflict with federal requirements—2009 c 493: See note following RCW 50.29.021.

Short title—Effective date—Conflict with federal requirements—2009 c 3: See notes following RCW 50.20.120.

Conflict with federal requirements—2007 c 51: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 2007 c 51 s 2.]

Severability—2007 c 51: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2007 c 51 s 3.]

Application—2007 c 51: "This act applies for rate years beginning on or after January 1, 2008." [ 2007 c 51 s 4.]

Application—2006 c 13 ss 4 and 5: "Sections 4 and 5 of this act apply to rate years beginning on or after January 1, 2007." [ 2006 c 13 s 26.]

Conflict with federal requirements—Part headings not law—Severability—2006 c 13: See notes following RCW 50.20.120.

Findings—Intent—Conflict with federal requirements—Effective date—2005 c 133: See notes following RCW 50.20.120.

Additional employees authorized—2005 c 133: See note following RCW 50.01.010.

Conflict with federal requirements—Severability—Effective date—2003 2nd sp.s. c 4: See notes following RCW 50.01.010.

Application—2003 c 4 s 1: "Section 1 of this act applies to rate years beginning on or after January 1, 2003." [ 2003 c 4 s 2.]

Effective date—2003 c 4: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 12, 2003]." [ 2003 c 4 s 3.]

Application—2000 c 2 ss 1, 2, 4, 5, 8, and 12-15: See note following RCW 50.22.150.

Conflict with federal requirements—Severability—Effective date—2000 c 2: See notes following RCW 50.04.355.

Effective dates—1995 c 4: "(1) Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 16, 1995].

(2) Section 2 of this act shall take effect January 1, 1998." [ 1995 c 4 s 4.]

Expiration date—1995 c 4 s 1: "Section 1 of this act shall expire January 1, 1998." [ 1995 c 4 s 5.]

Effective dates, applicability—Conflict with federal requirements—Severability—1993 c 483: See notes following RCW 50.04.293.

Elevation of employer contribution rates—Report by commissioner—1993 c 226: "Prior to any increase in the employer tax schedule as provided in section 13, chapter 226, Laws of 1993, the commissioner shall provide a report to the appropriate committees of the legislature specifying to what extent the workforce training expenditures in chapter 226, Laws of 1993 elevated employer contribution rates for the effective tax schedule." [ 1993 c 226 s 16.]

Effective dates—1993 c 226 ss 10, 12, and 14: See note following RCW 50.16.010.

Conflict with federal requirements—Severability—Application—1993 c 226: See notes following RCW 50.16.010.

Conflict with federal requirements—Effective dates—1990 c 245: See notes following RCW 50.04.030.

Effective date—1989 c 380 ss 78-81: See note following RCW 50.04.150.

Conflict with federal requirements—1989 c 380: See note following RCW 50.04.150.

Conflict with federal requirements—Severability—1987 c 171: See notes following RCW 50.62.010.

Conflict with federal requirements—Severability—1985 ex.s. c 5: See notes following RCW 50.62.010.

Conflict with federal requirements—Severability—Effective dates—1984 c 205: See notes following RCW 50.20.120.