2006 Ohio Revised Code - 4141.11. Special administrative fund; source; purposes.

§ 4141.11. Special administrative fund; source; purposes.
 

There is hereby created in the state treasury the unemployment compensation special administrative fund. The fund shall consist of all interest collected on delinquent contributions pursuant to this chapter, all fines and forfeitures collected under this chapter, and all court costs and interest paid or collected in connection with the repayment of fraudulently obtained benefits pursuant to section 4141.35 of the Revised Code. All interest earned on the money in the fund shall be retained in the fund and shall not be credited or transferred to any other fund or account, except as provided in division (B) of this section. All moneys which are deposited or paid into this fund may be used by: 

(A) The director of job and family services with the approval of the unemployment compensation advisory council whenever it appears that such use is necessary for: 

(1) The proper administration of this chapter and no federal funds are available for the specific purpose for which the expenditure is to be made, provided the moneys are not substituted for appropriations from federal funds, which in the absence of such moneys would be available; 

(2) The proper administration of this chapter for which purpose appropriations from federal funds have been requested and approved but not received, provided the fund would be reimbursed upon receipt of the federal appropriation; 

(3) To the extent possible, the repayment to the unemployment compensation administration fund of moneys found by the proper agency of the United States to have been lost or expended for purposes other than, or an amount in excess of, those found necessary by the proper agency of the United States for the administration of this chapter. 

(B) The director or the director's deputy whenever it appears that such use is necessary for the payment of refunds or adjustments of interest, fines, forfeitures, or court costs erroneously collected and paid into this fund pursuant to this chapter. 

(C) The director, to pay state disaster unemployment benefits pursuant to section 4141.292 [4141.29.2] of the Revised Code. The director need not have prior approval from the council to make these payments. 

(D) The director, to pay any costs attributable to the director that are associated with the sale of real property under section 4141.131 [4141.13.1] of the Revised Code. The director need not have prior approval from the council to make these payments. 

Whenever the balance in the unemployment compensation special administrative fund is considered to be excessive by the council, the director shall request the director of budget and management to transfer to the unemployment compensation fund the amount considered to be excessive. Any balance in the unemployment compensation special administrative fund shall not lapse at any time, but shall be continuously available to the director of jobs and family services or to the council for expenditures consistent with this chapter. 
 

HISTORY: GC § 1345-3a; 123 v 559(587), § 2; Bureau of Code Revision, 10-1-53; 132 v S 321 (Eff 6-11-68); 133 v H 1 (Eff 3-18-69); 140 v H 291 (Eff 7-1-83); 140 v H 404 (Eff 7-10-83); 140 v H 37 (Eff 6-22-84); 143 v H 111 (Eff 7-1-89); 143 v H 826 (Eff 6-26-90); 144 v S 332 (Eff 11-5-92); 146 v H 670 (Eff 12-2-96); 148 v H 471. Eff 7-1-2000; 151 v S 81, § 1, eff. 9-5-05.
 

The effective date is set by section 12(A) of HB 471. 

 

Effect of Amendments

151 v S 81, effective September 5, 2005, added (C) and the first paragraph of (D).