N.J. Admin. Code § 12:16-5.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 12:16-5.3 - Payment of contributions

(a) The payment for each reporting period shall include contributions computed with respect to wages paid for employment in all work periods (weekly, biweekly, semi-monthly, monthly) ended within the reporting period.

(b) In computing and paying employer contributions to the Unemployment Compensation Fund or the State Disability Benefits Fund, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.

(c) Payment of contributions shall be by electronic means, which includes, but is not limited to, electronic funds transfer (EFT) or Internet methods, and shall comply with the provisions regarding payment by electronic means contained in 54:48-4.1 et seq., which provisions are incorporated herein by reference.

(d) For a given reporting period, an employer or third-party payroll processor may apply to the Commissioner or his or her designee for a waiver of the electronic payment requirement in (c) above, thereby permitting the employer or third-party payroll processor to make a payment of contributions for that reporting period by other than electronic means.

(e) Where an employer or third-party payroll processor has made application to the Commissioner under (d) above, the Commissioner may, upon a showing of good cause, as that term is defined under (f) below, waive the electronic payment requirement, thereby permitting the employer or third-party payroll processor to make a payment of contributions for that reporting period by other than electronic means.

(f) For use in this section, the term "good cause" shall mean that the employer or third-party payroll processor has provided to the Commissioner or his or her designee a signed, sworn, affidavit, in the form prescribed by New Jersey Court Rule 1:4-4, which affidavit shall state that the employer or third-party payroll processor has no access to a computer, through any means, for the purpose of making electronic payment of his or her contributions for that reporting period to the Unemployment Compensation Fund or the State Disability Benefits Fund.

(g) Nothing in this section shall be construed to exempt an accelerated payor from its obligation either under 18:35-7.3(b) to remit monthly payment of withheld taxes or under 18:35-7.3(c) to remit weekly payment of withheld taxes, and nothing in this section shall be construed to exempt an accelerated payor from its obligation to remit such payments in the manner prescribed in either 18:35-7.3(b) (for monthly payments) or 7.3(c) (for weekly payments).

N.J. Admin. Code § 12:16-5.3

Amended by R.1995 d.138, effective 3/6/1995.
See: 27 N.J.R. 61(a), 27 N.J.R. 919(a).
Amended by R.2005 d.108, effective 4/4/2005.
See: 36 N.J.R. 5651(a), 37 N.J.R. 1030(a).
Added (c) and (d).
Amended by R.2009 d.64, effective 2/17/2009.
See: 40 N.J.R. 5527(a), 41 N.J.R. 886(a).
Deleted (c); recodified former (d) as (c); in (c), inserted "shall be", ", which", and a comma following "methods"; and added (d) through (g).