Vermont § 1325 - Employers’ experience-rating records; disclosure to successor entity

§ 1325. Employers’ experience-rating records; disclosure to successor entity

• (a)(1) The Commissioner shall maintain an experience-rating record for each employer. Benefits
  paid shall be charged against the experience-rating record of each subject employer
  who provided base-period wages to the eligible individual. Each subject employer’s
  experience-rating charge shall bear the same ratio to total benefits paid as the total
  base-period wages paid by that employer bear to the total base-period wages paid to
  the individual by all base-period employers. The experience-rating record of an individual
  subject base-period employer shall not be charged for benefits paid to an individual
  under any of the following conditions: (A) The individual’s employment with that employer was terminated under disqualifying
  circumstances. (B) The individual’s employment or right to reemployment with that employer was terminated
  by retirement of the individual pursuant to a retirement or lump-sum retirement pay
  plan under which the age of mandatory retirement was agreed upon by the employer and
  its employees or by the bargaining agent representing those employees. (C) As of the date on which the individual filed an initial claim for benefits, the individual’s
  employment with that employer had not been terminated or reduced in hours. (D) The individual was employed by that employer as a result of another employee taking
  leave under chapter 5, subchapter 4 of this title, and the individual’s employment
  was terminated as a result of the reinstatement of the other employee under chapter
  5, subchapter 4 of this title. (E) [Repealed.] (F) The individual voluntarily separated from that employer to accompany a spouse who
  is on active duty with the U.S. Armed Forces or who holds a commission in the U.S.
  Foreign Service and is assigned overseas as provided by subdivision 1344(a)(2)(A)
  of this chapter. (G) [Repealed.] (H) [Repealed.] (2) If an individual’s unemployment is directly caused by a major disaster declared by
  the President of the United States pursuant to 42 U.S.C. § 5122 and the individual would have been eligible for federal disaster unemployment assistance
  benefits but for the receipt of regular benefits, an employer shall be relieved of
  charges for benefits paid to the individual with respect to any week of unemployment
  occurring due to the natural disaster up to a maximum amount of 10 weeks. (3) [Repealed.] (b)(1) Any individual or employing unit who in any manner succeeds to or acquires the organization,
  trade, or business or substantially all of the assets of any employer who has been
  operating the business within two weeks prior to the acquisition, except any assets
  retained by the employer incident to the liquidation of the employer’s obligations,
  and who thereafter continues the acquired business shall be considered to be a successor
  to the predecessor from whom the business was acquired and, if not already an employer
  before the acquisition, shall become an employer on the date of the acquisition. The
  Commissioner shall transfer the experience-rating record of the predecessor employer
  to the successor employer. If the successor was not an employer before the date of
  acquisition, the successor’s rate of contribution for the remainder of the rate year
  shall be the rate applicable to the predecessor employers with respect to the period
  immediately preceding the date of acquisition if there was only one predecessor or
  there were only predecessors with identical rates. If the predecessors’ rates were
  not identical, the Commissioner shall determine a rate based on the combined experience
  of all the predecessor employers. If the successor was an employer before the date
  of acquisition, the contribution rate that was assigned to the successor for the rate
  year in which the acquisition occurred will remain assigned to the successor for the
  remainder of the rate year, after which the experience-rating record of the predecessor
  shall be combined with the experience rating of the successor to form the single employer
  experience-rating record of the successor. At any time prior to the issuance of the
  certificate required by subsection 1322