2014 North Dakota Century Code Title 52 Social Security Chapter 52-05 Election and Termination of Employer's Coverage
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CHAPTER 52-05
ELECTION AND TERMINATION OF EMPLOYER'S COVERAGE
52-05-01. Employing unit deemed to be employer for entire calendar year - Exception.
Any employing unit which is or becomes an employer subject to the North Dakota
unemployment compensation law within any calendar year must be deemed to be an employer
during the whole of such calendar year, except as provided in sections 52-05-02 and 52-05-03.
52-05-02. Employer subject to provisions of law for term of two years.
Any employing unit, not otherwise subject to the provisions of the North Dakota
unemployment compensation law, which files with the bureau its written election to become an
employer subject to such provisions for not less than two calendar years, upon the written
approval of such election by the bureau, shall become an employer subject hereto to the same
extent as all other employers as of the date stated in such approval. Such employing unit shall
cease to be subject to the provisions of the North Dakota unemployment compensation law as
of January first of any calendar year subsequent to such two calendar years, only if during
January of such year it has filed with the bureau a written notice to that effect.
52-05-03. Employment not included within law may be deemed subject to provisions
of law.
1. Any political subdivision of this state may elect to cover under the North Dakota
unemployment compensation law service performed by employees in all of the
hospitals and institutions of higher education, as defined in subsections 25 and 27 of
section 52-01-01, operated by such political subdivision.
a. Election is to be made by filing with the bureau a notice of such election at least
thirty days prior to the effective date of such election. The election may exclude
any services described in subdivision h of subsection 17 of section 52-01-01. Any
political subdivision electing coverage under this subsection shall make payments
in lieu of contributions with respect to benefits attributable to such employment in
the same manner provided for payment by nonprofit organizations in chapter
52-04.
b. The provisions in subsection 11 of section 52-06-02 with respect to benefit rights
based on service for state and nonprofit institutions of higher education are
applicable also to service covered by an election under this section.
c. The amounts required to be paid in lieu of contributions by any political
subdivision under this section must be billed and payment made as provided in
chapter 52-04 with respect to similar payments by nonprofit organizations.
d. An election under this subsection may be terminated by filing with the bureau
written notice not later than thirty days preceding the last day of the calendar year
in which the termination is to be effective. Such termination becomes effective as
of the first day of the next ensuing calendar year with respect to services
performed after that date.
2. Any other employing unit, inclusive of governmental units, for which services are
performed that do not constitute employment as defined in the North Dakota
unemployment compensation law may file with the bureau a written election that all
such services with respect to which payments are not required under an
unemployment compensation law of any other state or of the federal government, and
which are performed by individuals in its employ in one or more distinct establishments
or places of business must be deemed to constitute employment by an employer for all
the purposes of the North Dakota unemployment compensation law for not less than
two calendar years. Upon the written approval of such election by the bureau, such
services must be deemed to constitute employment subject to the provisions of the
North Dakota unemployment compensation law from and after the date stated in such
approval. Such services must cease to be deemed employment subject hereto as of
January first of any calendar year subsequent to such two calendar years, only if
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during January of such year such employing unit has filed with the bureau a written
notice to that effect. The bureau in its discretion may on its own motion terminate any
election agreement under this subsection upon thirty days' notice to the employer. The
rate of contribution for employment covered by an election under this subsection must
be as provided in chapter 52-04, except, however, an electing governmental unit in
addition to those provided for in subsection 1, which hereafter becomes an employer
under this chapter, shall reimburse the state unemployment fund in an amount equal to
its share of costs to the unemployment fund.
After the termination of an election under this chapter, governmental units shall remain
liable for their proportionate share of benefits which are based on wages paid for
services during the period of election.
52-05-04. Termination as employer - Regulations governing.
Except as provided in sections 52-05-02 and 52-05-03, an employing unit shall cease to be
an employer subject to the North Dakota unemployment compensation law only as of the first
day of January of any calendar year, and only if it files with the bureau during January of such
year, a written application for termination of coverage, and the bureau finds that the employing
unit is not an employer as defined in the North Dakota unemployment compensation law. During
January of any calendar year, the bureau on its own motion, may file an application for
termination of coverage on behalf of any employer who during the preceding year was liable for
contributions under the terms of the North Dakota unemployment compensation law, but who:
1. Has removed from the state;
2. Has discontinued the business conducted by it at the time it became liable under the
terms of the North Dakota unemployment compensation law; or
3. Has been adjudged bankrupt or has become insolvent.
Such application for termination of coverage filed by the bureau on its own motion must be
acted upon in exactly the same manner as though the application had been filed by the
employer.
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