Okla. Admin. Code § 240:10-5-17

Current through Vol. 41, No. 24, September 3, 2024

Section 240:10-5-17 - Relief from benefit wage charges-disasters

(a) In order for an employer to remove a benefit wage charge from his or her account because of a separation of employees from employment that occurred due to a natural disaster, pandemic, fire, flood, or explosion pursuant to 40 O.S. Section 3-106.1, the following requirements must be met:

(1) The affected employer must request in writing that the benefit wage charge be removed and shall state in this writing:

(A) date of the occurrence of the disaster;

(B) type of disaster;

(C) name of the business;

(D) physical location of the building, office, or plant involved in the disaster; and

(E) nature of the business conducted by this employer at the location that was damaged.

(2) The disaster must be reported to the Commission within one year and four months of the date of occurrence.

(b) The benefit wages charged to an employer for a given calendar year may be waived at any time at the discretion of the OESC Executive Director when a pandemic has been declared by the Governor of Oklahoma. An emergency waiver will be executed based upon the specific time frames stated in the executive order and/or any amendments or revisions to the executive order signed by the executive director. The executive order shall lay out the beginning and ending dates of the emergency waiver. Therefore, employers will not be charged while the emergency waiver is in place. Benefit wage charges that occur after the expiration date of an emergency waiver will be administered in accordance with 40 O.S. section 3-106. Moreover, 240:10-5-17(A) is not applicable when a pandemic has been declared.

Okla. Admin. Code § 240:10-5-17

Added at 14 Ok Reg 2905, eff 7-11-97

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022