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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 121
BY SENATOR RISER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
UNEMPLOYMENT COMP. Provides an additional exception regarding unemployment
benefit payments that are not charged to an employer's experience rating. (8/15/11)
AN ACT1
To amend and reenact R.S. 23:1533, relative to unemployme nt compensation experience2
rating records; to provide for an exception for unemployment caused by acts or3
omissions of third parties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1533 is hereby amended and reenacted to read as follows: 6
ยง1533. Experience rating records; administrator's duty to prepare7
(1) A. The administrator shall prepare and maintain an experience rating8
record for each employer, and shall credit such record with all the contributions paid9
by him with respect to wages paid for the calendar quarter beginning October 1,10
1941, and for each calendar quarter thereafter. Nothing in this Chapter shall be11
construed to grant any employer or any individual performing services for him prior12
claims or rights to amounts paid by the employer into the fund. The administrator13
shall terminate the experience rating record of an employer who has ceased to be14
subject to this Chapter, or may do so provided the employer has had no employment15
in this state for a period of three consecutive calendar years. Benefits accruing and16
paid on and after October 1, 1941, to an individual in accordance with the provisions17 SB NO. 121
SLS 11RS-115 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of this Chapter shall be charged against the experience rating records of his1
base-period employers except subject to the following limitations:2
(1) that oOnly those benefits paid to an individual in accordance with the3
provisions of R.S. 23:1611 through R.S. 23:1616 which are not reimbursed from4
federal funds shall be charged against the experience rating records of his5
base-period employers.6
(2) That bBenefits paid to an individual pursuant to R.S. 23:1635 shall not7
be charged against the experience rating records of a claimant's base-period8
employers if it is finally determined that such claimant was not entitled to such9
benefits. and10
(3) That bBenefits paid to an individual who continues to remain in the11
employ of a base-period employer without a reduction in the number of hours12
worked or wages paid shall not be charged against the experience rating records of13
such employer.14
(4) Benefits paid to an individual where unemployment is caused solely15
by an act or omission of one or more third parties ,or solely by such an act or16
omission in combination with an act of God or an act of war, as determined by17
the United States Coast Guard or any entity empowered to make the18
determination in accord with the Oil Pollution Act, 33 U.S.C. 2701, et seq.19
B. The amount so chargeable against each base-period employer's experience20
rating record shall bear the same ratio to the total benefits paid to an individual as the21
base-period wages paid to the individual by such employer bear to the total amount22
of base-period wages paid to the individual by all his base-period employers;23
provided, however, that all such charges may be computed to the nearest multiple of24
one dollar.25
(2) C. If the total of the benefits which were chargeable to an employer's26
experience-rating record, and were paid on or before July 31, immediately27
succeeding the 1975 computation date as defined in R.S. 23:1542(1), with respect28
to weeks of unemployment beginning prior to said computation date exceeds the29 SB NO. 121
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
total of his contributions paid on or before July 31, immediately succeeding the said1
1975 computation date with respect to wages paid by him on or prior to said2
computation date, such excess benefit charges shall be cancelled from his3
experience-rating record for all of the purposes of R.S. 23:1536 with respect to the4
1975 computation date and all subsequent computation dates.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Present law provides for three exceptions to the requirement that unemployment benefits
paid are included in the experience rating records of employers.
Proposed law provides for a fourth exception stating that when the payment of benefits is
caused by an act or omission of a third party, such benefits shall not be included in the
experience rating of such employer.
Proposed law provides that such a determination of fault of a third party shall be determined
by the U.S. Coast Guard or any other entity designated by the Oil Pollution Act, 33 U.S.C.
2701, et seq.
Effective August 15, 2011.
(Amends R.S. 23:1533)