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(1) Under 39-51-1124 , 39-51-1125 , and 39-51-1126 , MCA, in lieu of paying taxes, a nonprofit organization or governmental entity may elect to reimburse the trust fund for benefit payment costs.

(a) To qualify for reimbursement, the nonprofit employer must:

(i) meet the criteria in section 501(c) (3) of the IRC;

(ii) submit a copy of the exemption letter from the IRS; and

(iii) file an election of method of payment form.

(b) To reimburse the trust fund, an employer must pay into the trust fund an amount equal to the regular benefits and the state of Montana's share of extended benefits charged to the employer's account.

(c) The department notifies the employer monthly of the amount of benefits charged to the account.

(d) The trust fund may be reimbursed on a monthly basis, but, to avoid late payment penalties and interest, reimbursement must be made no later than 30 days after the end of the quarter in which benefits were charged to the account.

(2) A governmental entity that does not elect to reimburse the trust fund is assigned an experience rate based on 39-51-1212 , MCA.

(a) On or before June 15 of each year, the department mails rate notices to governmental employers.

(b) All or the applicable portion of the experience rating record of a governmental employer is transferred to the successor in the event of a merger, split or acquisition, unless the successor elects to reimburse the trust fund.

(3) A nonprofit organization that is not a governmental entity and does not elect to reimburse the trust fund is assigned an experience rate based on 39-51-1213 , MCA. .

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-1124, 39-51-1125, 39-51-1126, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; TRANS, from Dept. of Labor and Industry and AMD, 2001 MAR p. 1650, Eff. 8/24/01; TRANS, from Dept. of Revenue and AMD, 2004 MAR p. 2808, Eff. 11/19/04

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