New Jersey § 43:21-7

§ 43:21-7.

a. Notwithstanding any other provisions of the “unemployment compensation law,” R.S.43:21-1 et seq. , for the payment of contributions, an employer who transfers all or an approved part

of its operations from another state to this State may qualify for a reduced new employer

contribution rate until the employer establishes eligibility based on benefit experience

within the State as provided in subsection (c) of R.S.43:21-7 . A reduced new employer contribution rate of not less than 1.0% of taxable wages

as defined in R.S. 43:21-7(b)(3) may be assigned for those operations, or any part thereof, as approved by the department,

if the employer: (1) As of January 31 immediately preceding the fiscal year within which that transfer

occurs, has paid wages subject to the Federal Unemployment Tax Act, 26 U.S.C. s.3301 et seq., for not less than 28 consecutive completed calendar quarters; (2) Has acquired in the other state an employer reserve ratio of not less than 11%

or an equivalent cumulative positive reserve balance experience with unemployment

insurance contributions and benefits; (3) Demonstrates to the satisfaction of the department that the employer reserve ratio

acquired in the other state or equivalent cumulative reserve balance experience with

unemployment insurance contributions and benefits acquired in the other state may

be considered indicative of future employment experience in this State; and (4) Certifies to the satisfaction of the department that at least 50 full-time jobs

will be established at the New Jersey location within 180 days of the transfer of

operations. For the purposes of this subsection, “employer reserve ratio” means total employer

contributions minus total benefits charged to the employer's account as a percentage

of the employer's average annual payroll as defined in paragraph (2) of subsection

(a) of R.S. 43:21-19 . b. An employer shall, within 30 days of the transfer of operations to this State,

apply to the department in a form and manner prescribed for determination of eligibility

for a reduced new employer contribution rate. The department shall review the application and, if the employer qualifies, assign

a reduced new employer contribution rate as set forth in the following table: Fund 10.0% 7.00% 4.00% 2.50% 0.00% Less Reserve and to to to to than Ratio Over 9.99% 6.99% 3.99% 2.49% 0.00% Reduced New Employer Rate: 1.0 1.0 1.0 1.1 1.2 1.3 For the purposes of this subsection, “fund reserve ratio” means the unemployment trust

fund balance as of March 31 as a percentage of the total taxable wages reported as

of that date with respect to the prior calendar year. The employer may, within 30 days of receipt of notice of determination of such a

rate, withdraw the request. c. An employer applying for determination of a contribution rate pursuant to this

section shall certify to the department that information with respect to wages, contributions

and benefits in connection with the transferred operation, and any other information,

as the department deems necessary. The employer shall furnish to the department, at those times and in the manner prescribed,

that information with respect to those benefits paid after the transfer, and before

each succeeding computation date, which were based on wages applicable to the transferred

operations and paid in another state.