50.29.021  <<  50.29.025 >>   50.29.026

Contribution rates (as amended by 2011 c 3).

(1) For contributions assessed for rate years 2005 through 2009, the contribution rate for each employer subject to contributions under RCW 50.24.010 shall be the sum of the array calculation factor rate and the graduated social cost factor rate determined under this subsection, and the solvency surcharge determined under RCW 50.29.041, if any.
(a) The array calculation factor rate shall be determined as follows:
(i) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (A) Identification number; (B) benefit ratio; and (C) taxable payrolls for the four consecutive calendar quarters immediately preceding the computation date and reported to the employment security department by the cut-off date.
(ii) Each employer in the array shall be assigned to one of forty rate classes according to his or her benefit ratio as follows, and, except as provided in RCW 50.29.026, the array calculation factor rate for each employer in the array shall be the rate specified in the rate class to which the employer has been assigned:
Benefit Ratio
Rate
Class
Rate
(percent)
At least
Less than
 
0.000001
1
0.00
0.000001
0.001250
2
0.13
0.001250
0.002500
3
0.25
0.002500
0.003750
4
0.38
0.003750
0.005000
5
0.50
0.005000
0.006250
6
0.63
0.006250
0.007500
7
0.75
0.007500
0.008750
8
0.88
0.008750
0.010000
9
1.00
0.010000
0.011250
10
1.15
0.011250
0.012500
11
1.30
0.012500
0.013750
12
1.45
0.013750
0.015000
13
1.60
0.015000
0.016250
14
1.75
0.016250
0.017500
15
1.90
0.017500
0.018750
16
2.05
0.018750
0.020000
17
2.20
0.020000
0.021250
18
2.35
0.021250
0.022500
19
2.50
0.022500
0.023750
20
2.65
0.023750
0.025000
21
2.80
0.025000
0.026250
22
2.95
0.026250
0.027500
23
3.10
0.027500
0.028750
24
3.25
0.028750
0.030000
25
3.40
0.030000
0.031250
26
3.55
0.031250
0.032500
27
3.70
0.032500
0.033750
28
3.85
0.033750
0.035000
29
4.00
0.035000
0.036250
30
4.15
0.036250
0.037500
31
4.30
0.037500
0.040000
32
4.45
0.040000
0.042500
33
4.60
0.042500
0.045000
34
4.75
0.045000
0.047500
35
4.90
0.047500
0.050000
36
5.05
0.050000
0.052500
37
5.20
0.052500
0.055000
38
5.30
0.055000
0.057500
39
5.35
0.057500
 
40
5.40
(b) The graduated social cost factor rate shall be determined as follows:
(i)(A) Except as provided in (b)(i)(B) and (C) of this subsection, the commissioner shall calculate the flat social cost factor for a rate year by dividing the total social cost by the total taxable payroll. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it amounts to five hundredths or more, in which case the second decimal place shall be rounded to the next higher digit. The flat social cost factor shall be expressed as a percentage.
(B) If, on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide more than ten months of unemployment benefits, the commissioner shall calculate the flat social cost factor for the rate year immediately following the cut-off date by reducing the total social cost by the dollar amount that represents the number of months for which the balance in the unemployment compensation fund on the cut-off date will provide benefits above ten months and dividing the result by the total taxable payroll. However, the calculation under this subsection (1)(b)(i)(B) for a rate year may not result in a flat social cost factor that is more than four-tenths lower than the calculation under (b)(i)(A) of this subsection for that rate year.
For the purposes of this subsection, the commissioner shall determine the number of months of unemployment benefits in the unemployment compensation fund using the benefit cost rate for the average of the three highest calendar benefit cost rates in the twenty consecutive completed calendar years immediately preceding the cut-off date or a period of consecutive calendar years immediately preceding the cut-off date that includes three recessions, if longer.
(C) The minimum flat social cost factor calculated under this subsection (1)(b) shall be six-tenths of one percent, except that if the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide:
(I) At least twelve months but less than fourteen months of unemployment benefits, the minimum shall be five-tenths of one percent; or
(II) At least fourteen months of unemployment benefits, the minimum shall be five-tenths of one percent, except that, for employers in rate class 1, the minimum shall be forty-five hundredths of one percent.
(ii)(A) Except as provided in (b)(ii)(B) of this subsection, the graduated social cost factor rate for each employer in the array is the flat social cost factor multiplied by the percentage specified as follows for the rate class to which the employer has been assigned in (a)(ii) of this subsection, except that the sum of an employer's array calculation factor rate and the graduated social cost factor rate may not exceed six and five-tenths percent or, for employers whose North American industry classification system code is within "111," "112," "1141," "115," "3114," "3117," "42448," or "49312," may not exceed six percent through rate year 2007 and may not exceed five and seven-tenths percent for rate years 2008 and 2009:
(I) Rate class 1 - 78 percent;
(II) Rate class 2 - 82 percent;
(III) Rate class 3 - 86 percent;
(IV) Rate class 4 - 90 percent;
(V) Rate class 5 - 94 percent;
(VI) Rate class 6 - 98 percent;
(VII) Rate class 7 - 102 percent;
(VIII) Rate class 8 - 106 percent;
(IX) Rate class 9 - 110 percent;
(X) Rate class 10 - 114 percent;
(XI) Rate class 11 - 118 percent; and
(XII) Rate classes 12 through 40 - 120 percent.
(B) For contributions assessed beginning July 1, 2005, through December 31, 2007, for employers whose North American industry classification system code is "111," "112," "1141," "115," "3114," "3117," "42448," or "49312," the graduated social cost factor rate is zero.
(iii) For the purposes of this section:
(A) "Total social cost" means the amount calculated by subtracting the array calculation factor contributions paid by all employers with respect to the four consecutive calendar quarters immediately preceding the computation date and paid to the employment security department by the cut-off date from the total unemployment benefits paid to claimants in the same four consecutive calendar quarters. To calculate the flat social cost factor for rate year 2005, the commissioner shall calculate the total social cost using the array calculation factor contributions that would have been required to be paid by all employers in the calculation period if (a) of this subsection had been in effect for the relevant period. To calculate the flat social cost factor for rate years 2010 and 2011, the forty-five dollar increase paid as part of an individual's weekly benefit amount as provided in RCW 50.20.1201 shall not be considered for purposes of calculating the total unemployment benefits paid to claimants in the four consecutive calendar quarters immediately preceding the computation date.
(B) "Total taxable payroll" means the total amount of wages subject to tax, as determined under RCW 50.24.010, for all employers in the four consecutive calendar quarters immediately preceding the computation date and reported to the employment security department by the cut-off date.
(c) For employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due:
(i) The array calculation factor rate shall be two-tenths higher than that in rate class 40, except employers who have an approved agency-deferred payment contract by September 30th of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to an array calculation factor rate two-tenths higher than that in rate class 40; and
(ii) The social cost factor rate shall be the social cost factor rate assigned to rate class 40 under (b)(ii) of this subsection.
(d) For all other employers not qualified to be in the array:
(i) For rate years 2005, 2006, and 2007:
(A) The array calculation factor rate shall be a rate equal to the average industry array calculation factor rate as determined by the commissioner, plus fifteen percent of that amount; however, the rate may not be less than one percent or more than the array calculation factor rate in rate class 40; and
(B) The social cost factor rate shall be a rate equal to the average industry social cost factor rate as determined by the commissioner, plus fifteen percent of that amount, but not more than the social cost factor rate assigned to rate class 40 under (b)(ii) of this subsection.
(ii) For contributions assessed for rate years 2008 and 2009:
(A) The array calculation factor rate shall be a rate equal to the average industry array calculation factor rate as determined by the commissioner, multiplied by the history factor, but not less than one percent or more than the array calculation factor rate in rate class 40;
(B) The social cost factor rate shall be a rate equal to the average industry social cost factor rate as determined by the commissioner, multiplied by the history factor, but not more than the social cost factor rate assigned to rate class 40 under (b)(ii) of this subsection; and
(C) The history factor shall be based on the total amounts of benefits charged and contributions paid in the three fiscal years ending prior to the computation date by employers not qualified to be in the array, other than employers in (c) of this subsection, who were first subject to contributions in the calendar year ending three years prior to the computation date. The commissioner shall calculate the history ratio by dividing the total amount of benefits charged by the total amount of contributions paid in this three-year period by these employers. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it amounts to five one-hundredths or more, in which case the second decimal place shall be rounded to the next higher digit. The commissioner shall determine the history factor according to the history ratio as follows:
 
History
Ratio
 
History
Factor
(percent)
 
At least
Less than
 
(I)
 
.95
90
(II)
.95
1.05
100
(III)
1.05
 
115
(2) For contributions assessed in rate year 2010 and thereafter, the contribution rate for each employer subject to contributions under RCW 50.24.010 shall be the sum of the array calculation factor rate and the graduated social cost factor rate determined under this subsection, and the solvency surcharge determined under RCW 50.29.041, if any.
(a) The array calculation factor rate shall be determined as follows:
(i) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (A) Identification number; (B) benefit ratio; and (C) taxable payrolls for the four consecutive calendar quarters immediately preceding the computation date and reported to the employment security department by the cut-off date.
(ii) Each employer in the array shall be assigned to one of forty rate classes according to his or her benefit ratio as follows, and, except as provided in RCW 50.29.026, the array calculation factor rate for each employer in the array shall be the rate specified in the rate class to which the employer has been assigned:
Benefit Ratio
Rate
Class
Rate
(percent)
At least
Less than
 
0.000001
1
0.00
0.000001
0.001250
2
0.11
0.001250
0.002500
3
0.22
0.002500
0.003750
4
0.33
0.003750
0.005000
5
0.43
0.005000
0.006250
6
0.54
0.006250
0.007500
7
0.65
0.007500
0.008750
8
0.76
0.008750
0.010000
9
0.88
0.010000
0.011250
10
1.01
0.011250
0.012500
11
1.14
0.012500
0.013750
12
1.28
0.013750
0.015000
13
1.41
0.015000
0.016250
14
1.54
0.016250
0.017500
15
1.67
0.017500
0.018750
16
1.80
0.018750
0.020000
17
1.94
0.020000
0.021250
18
2.07
0.021250
0.022500
19
2.20
0.022500
0.023750
20
2.38
0.023750
0.025000
21
2.50
0.025000
0.026250
22
2.63
0.026250
0.027500
23
2.75
0.027500
0.028750
24
2.88
0.028750
0.030000
25
3.00
0.030000
0.031250
26
3.13
0.031250
0.032500
27
3.25
0.032500
0.033750
28
3.38
0.033750
0.035000
29
3.50
0.035000
0.036250
30
3.63
0.036250
0.037500
31
3.75
0.037500
0.040000
32
4.00
0.040000
0.042500
33
4.25
0.042500
0.045000
34
4.50
0.045000
0.047500
35
4.75
0.047500
0.050000
36
5.00
0.050000
0.052500
37
5.15
0.052500
0.055000
38
5.25
0.055000
0.057500
39
5.30
0.057500
 
40
5.40
(b) The graduated social cost factor rate shall be determined as follows:
(i)(A) Except as provided in (b)(i)(B) and (C) of this subsection, the commissioner shall calculate the flat social cost factor for a rate year by dividing the total social cost by the total taxable payroll. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it amounts to five hundredths or more, in which case the second decimal place shall be rounded to the next higher digit. The flat social cost factor shall be expressed as a percentage.
(B) If, on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide more than ten months of unemployment benefits, the commissioner shall calculate the flat social cost factor for the rate year immediately following the cut-off date by reducing the total social cost by the dollar amount that represents the number of months for which the balance in the unemployment compensation fund on the cut-off date will provide benefits above ten months and dividing the result by the total taxable payroll. However, the calculation under this subsection (2)(b)(i)(B) for a rate year may not result in a flat social cost factor that is more than four-tenths lower than the calculation under (b)(i)(A) of this subsection for that rate year. For rate year 2011, the calculation may not result in a flat social cost factor that is more than one and twenty-two one-hundredths percent.
For the purposes of this subsection, the commissioner shall determine the number of months of unemployment benefits in the unemployment compensation fund using the benefit cost rate for the average of the three highest calendar benefit cost rates in the twenty consecutive completed calendar years immediately preceding the cut-off date or a period of consecutive calendar years immediately preceding the cut-off date that includes three recessions, if longer.
(C) The minimum flat social cost factor calculated under this subsection (2)(b) shall be six-tenths of one percent, except that if the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide:
(I) At least ten months but less than eleven months of unemployment benefits, the minimum shall be five-tenths of one percent; or
(II) At least eleven months but less than twelve months of unemployment benefits, the minimum shall be forty-five hundredths of one percent; or
(III) At least twelve months but less than thirteen months of unemployment benefits, the minimum shall be four-tenths of one percent; or
(IV) At least thirteen months but less than fifteen months of unemployment benefits, the minimum shall be thirty-five hundredths of one percent; or
(V) At least fifteen months but less than seventeen months of unemployment benefits, the minimum shall be twenty-five hundredths of one percent; or
(VI) At least seventeen months but less than eighteen months of unemployment benefits, the minimum shall be fifteen hundredths of one percent; or
(VII) At least eighteen months of unemployment benefits, the minimum shall be fifteen hundredths of one percent through rate year 2011 and shall be zero thereafter.
(ii)(A) Except as provided in (b)(ii)(B) of this subsection, the graduated social cost factor rate for each employer in the array is the flat social cost factor multiplied by the percentage specified as follows for the rate class to which the employer has been assigned in (a)(ii) of this subsection, except that the sum of an employer's array calculation factor rate and the graduated social cost factor rate may not exceed six percent or, for employers whose North American industry classification system code is within "111," "112," "1141," "115," "3114," "3117," "42448," or "49312," may not exceed five and four-tenths percent:
(((A))) (I) Rate class 1 - 78 percent;
(((B))) (II) Rate class 2 - 82 percent;
(((C))) (III) Rate class 3 - 86 percent;
(((D))) (IV) Rate class 4 - 90 percent;
(((E))) (V) Rate class 5 - 94 percent;
(((F))) (VI) Rate class 6 - 98 percent;
(((G))) (VII) Rate class 7 - 102 percent;
(((H))) (VIII) Rate class 8 - 106 percent;
(((I))) (IX) Rate class 9 - 110 percent;
(((J))) (X) Rate class 10 - 114 percent;
(((K))) (XI) Rate class 11 - 118 percent; and
(((L))) (XII) Rate classes 12 through 40 - 120 percent.
(B) For rate year 2011, the graduated social cost factor rate for each employer in the array is the flat social cost factor multiplied by the percentage specified as follows for the rate class to which the employer has been assigned in (a)(ii) of this subsection, except that the sum of an employer's array calculation factor rate and the graduated social cost factor rate may not exceed six percent or, for employers whose North American industry classification system code is within "111," "112," "1141," "115," "3114," "3117," "42448," or "49312," may not exceed five and four-tenths percent:
(I) Rate class 1 - 40 percent;
(II) Rate class 2 - 44 percent;
(III) Rate class 3 - 48 percent;
(IV) Rate class 4 - 52 percent;
(V) Rate class 5 - 56 percent;
(VI) Rate class 6 - 60 percent;
(VII) Rate class 7 - 64 percent;
(VIII) Rate class 8 - 68 percent;
(IX) Rate class 9 - 72 percent;
(X) Rate class 10 - 76 percent;
(XI) Rate class 11 - 80 percent;
(XII) Rate class 12 - 84 percent;
(XIII) Rate class 13 - 88 percent;
(XIV) Rate class 14 - 92 percent;
(XV) Rate class 15 - 96 percent;
(XVI) Rate class 16 - 100 percent;
(XVII) Rate class 17 - 104 percent;
(XVIII) Rate class 18 - 108 percent;
(XIX) Rate class 19 - 112 percent;
(XX) Rate class 20 - 116 percent; and
(XXI) Rate classes 21 through 40 - 120 percent.
(iii) For the purposes of this section:
(A) "Total social cost" means the amount calculated by subtracting the array calculation factor contributions paid by all employers with respect to the four consecutive calendar quarters immediately preceding the computation date and paid to the employment security department by the cut-off date from the total unemployment benefits paid to claimants in the same four consecutive calendar quarters.
(B) "Total taxable payroll" means the total amount of wages subject to tax, as determined under RCW 50.24.010, for all employers in the four consecutive calendar quarters immediately preceding the computation date and reported to the employment security department by the cut-off date.
(c) For employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due:
(i) For rate years through 2010:
(A) The array calculation factor rate shall be two-tenths higher than that in rate class 40, except employers who have an approved agency-deferred payment contract by September 30th of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to an array calculation factor rate two-tenths higher than that in rate class 40; and
(B) The social cost factor rate shall be the social cost factor rate assigned to rate class 40 under (b)(ii)(A) of this subsection.
(ii) For rate years 2011 and thereafter:
(A)(I) For an employer who does not enter into an approved agency-deferred payment contract as described in (c)(ii)(A)(II) or (III) of this subsection, the array calculation factor rate shall be the rate it would have been if the employer had not been delinquent in payment plus an additional one percent or, if the employer is delinquent in payment for a second or more consecutive year, an additional two percent;
(II) For an employer who enters an approved agency-deferred payment contract by September 30th of the previous rate year, the array calculation factor rate shall be the rate it would have been if the employer had not been delinquent in payment;
(III) For an employer who enters an approved agency-deferred payment contract after September 30th of the previous rate year, but within thirty days of the date the department sent its first tax rate notice, the array calculation factor rate shall be the rate it would have been had the employer not been delinquent in payment plus an additional one-half of one percent or, if the employer is delinquent in payment for a second or more consecutive year, an additional one and one-half percent;
(IV) For an employer who enters an approved agency-deferred payment contract as described in (c)(ii)(A)(II) or (III) of this subsection, but who fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the array calculation factor rate shall immediately revert to the applicable array calculation factor rate under (c)(ii)(A)(I) of this subsection; and
(B) The social cost factor rate shall be the social cost factor rate assigned to rate class 40 for the relevant year under (b)(ii)(A) or (B) of this subsection.
(d) For all other employers not qualified to be in the array:
(i) The array calculation factor rate shall be a rate equal to the average industry array calculation factor rate as determined by the commissioner, multiplied by the history factor, but not less than one percent or more than the array calculation factor rate in rate class 40;
(ii) The social cost factor rate shall be a rate equal to the average industry social cost factor rate as determined by the commissioner, multiplied by the history factor, but not more than the social cost factor rate assigned to rate class 40 for the relevant year under (b)(ii)(A) or (B) of this subsection; and
(iii) The history factor shall be based on the total amounts of benefits charged and contributions paid in the three fiscal years ending prior to the computation date by employers not qualified to be in the array, other than employers in (c) of this subsection, who were first subject to contributions in the calendar year ending three years prior to the computation date. The commissioner shall calculate the history ratio by dividing the total amount of benefits charged by the total amount of contributions paid in this three-year period by these employers. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it amounts to five one-hundredths or more, in which case the second decimal place shall be rounded to the next higher digit. The commissioner shall determine the history factor according to the history ratio as follows:
History
Ratio
 
History
Factor
(percent)
 
At least
Less than
 
(A)
 
.95
90
(B)
.95
1.05
100
(C)
1.05
 
115
(3) Assignment of employers by the commissioner to industrial classification, for purposes of this section, shall be in accordance with established classification practices found in the North American industry classification system code.

NOTES:

Conflict with federal requirementsEffective date2011 c 3: See notes following RCW 50.22.010.

Contribution rates (as amended by 2011 c 4).

(1) For contributions assessed for rate years 2005 through 2009, the contribution rate for each employer subject to contributions under RCW 50.24.010 shall be the sum of the array calculation factor rate and the graduated social cost factor rate determined under this subsection, and the solvency surcharge determined under RCW 50.29.041, if any.
(a) The array calculation factor rate shall be determined as follows:
(i) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (A) Identification number; (B) benefit ratio; and (C) taxable payrolls for the four consecutive calendar quarters immediately preceding the computation date and reported to the employment security department by the cut-off date.
(ii) Each employer in the array shall be assigned to one of forty rate classes according to his or her benefit ratio as follows, and, except as provided in RCW 50.29.026, the array calculation factor rate for each employer in the array shall be the rate specified in the rate class to which the employer has been assigned:
Benefit Ratio
Rate
Class
Rate
(percent)
At least
Less than
 
0.000001
1
0.00
0.000001
0.001250
2
0.13
0.001250
0.002500
3
0.25
0.002500
0.003750
4
0.38
0.003750
0.005000
5
0.50
0.005000
0.006250
6
0.63
0.006250
0.007500
7
0.75
0.007500
0.008750
8
0.88
0.008750
0.010000
9
1.00
0.010000
0.011250
10
1.15
0.011250
0.012500
11
1.30
0.012500
0.013750
12
1.45
0.013750
0.015000
13
1.60
0.015000
0.016250
14
1.75
0.016250
0.017500
15
1.90
0.017500
0.018750
16
2.05
0.018750
0.020000
17
2.20
0.020000
0.021250
18
2.35
0.021250
0.022500
19
2.50
0.022500
0.023750
20
2.65
0.023750
0.025000
21
2.80
0.025000
0.026250
22
2.95
0.026250
0.027500
23
3.10
0.027500
0.028750
24
3.25
0.028750
0.030000
25
3.40
0.030000
0.031250
26
3.55
0.031250
0.032500
27
3.70
0.032500
0.033750
28
3.85
0.033750
0.035000
29
4.00
0.035000
0.036250
30
4.15
0.036250
0.037500
31
4.30
0.037500
0.040000
32
4.45
0.040000
0.042500
33
4.60
0.042500
0.045000
34
4.75
0.045000
0.047500
35
4.90
0.047500
0.050000
36
5.05
0.050000
0.052500
37
5.20
0.052500
0.055000
38
5.30
0.055000
0.057500
39
5.35
0.057500
 
40
5.40
(b) The graduated social cost factor rate shall be determined as follows:
(i)(A) Except as provided in (b)(i)(B) and (C) of this subsection, the commissioner shall calculate the flat social cost factor for a rate year by dividing the total social cost by the total taxable payroll. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it amounts to five hundredths or more, in which case the second decimal place shall be rounded to the next higher digit. The flat social cost factor shall be expressed as a percentage.
(B) If, on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide more than ten months of unemployment benefits, the commissioner shall calculate the flat social cost factor for the rate year immediately following the cut-off date by reducing the total social cost by the dollar amount that represents the number of months for which the balance in the unemployment compensation fund on the cut-off date will provide benefits above ten months and dividing the result by the total taxable payroll. However, the calculation under this subsection (1)(b)(i)(B) for a rate year may not result in a flat social cost factor that is more than four-tenths lower than the calculation under (b)(i)(A) of this subsection for that rate year.
For the purposes of this subsection, the commissioner shall determine the number of months of unemployment benefits in the unemployment compensation fund using the benefit cost rate for the average of the three highest calendar benefit cost rates in the twenty consecutive completed calendar years immediately preceding the cut-off date or a period of consecutive calendar years immediately preceding the cut-off date that includes three recessions, if longer.
(C) The minimum flat social cost factor calculated under this subsection (1)(b) shall be six-tenths of one percent, except that if the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide:
(I) At least twelve months but less than fourteen months of unemployment benefits, the minimum shall be five-tenths of one percent; or
(II) At least fourteen months of unemployment benefits, the minimum shall be five-tenths of one percent, except that, for employers in rate class 1, the minimum shall be forty-five hundredths of one percent.
(ii)(A) Except as provided in (b)(ii)(B) of this subsection, the graduated social cost factor rate for each employer in the array is the flat social cost factor multiplied by the percentage specified as follows for the rate class to which the employer has been assigned in (a)(ii) of this subsection, except that the sum of an employer's array calculation factor rate and the graduated social cost factor rate may not exceed six and five-tenths percent or, for employers whose North American industry classification system code is within "111," "112," "1141," "115," "3114," "3117," "42448," or "49312," may not exceed six percent through rate year 2007 and may not exceed five and seven-tenths percent for rate years 2008 and 2009:
(I) Rate class 1 - 78 percent;
(II) Rate class 2 - 82 percent;
(III) Rate class 3 - 86 percent;
(IV) Rate class 4 - 90 percent;
(V) Rate class 5 - 94 percent;
(VI) Rate class 6 - 98 percent;
(VII) Rate class 7 - 102 percent;
(VIII) Rate class 8 - 106 percent;
(IX) Rate class 9 - 110 percent;
(X) Rate class 10 - 114 percent;
(XI) Rate class 11 - 118 percent; and
(XII) Rate classes 12 through 40 - 120 percent.
(B) For contributions assessed beginning July 1, 2005, through December 31, 2007, for employers whose North American industry classification system code is "111," "112," "1141," "115," "3114," "3117," "42448," or "49312," the graduated social cost factor rate is zero.
(iii) For the purposes of this section:
(A) "Total social cost" means the amount calculated by subtracting the array calculation factor contributions paid by all employers with respect to the four consecutive calendar quarters immediately preceding the computation date and paid to the employment security department by the cut-off date from the total unemployment benefits paid to claimants in the same four consecutive calendar quarters. To calculate the flat social cost factor for rate year 2005, the commissioner shall calculate the total social cost using the array calculation factor contributions that would have been required to be paid by all employers in the calculation period if (a) of this subsection had been in effect for the relevant period. To calculate the flat social cost factor for rate years 2010 and 2011, the forty-five dollar increase paid as part of an individual's weekly benefit amount as provided in RCW 50.20.1201 shall not be considered for purposes of calculating the total unemployment benefits paid to claimants in the four consecutive calendar quarters immediately preceding the computation date.
(B) "Total taxable payroll" means the total amount of wages subject to tax, as determined under RCW 50.24.010, for all employers in the four consecutive calendar quarters immediately preceding the computation date and reported to the employment security department by the cut-off date.
(c) For employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due:
(i) The array calculation factor rate shall be two-tenths higher than that in rate class 40, except employers who have an approved agency-deferred payment contract by September 30th of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to an array calculation factor rate two-tenths higher than that in rate class 40; and
(ii) The social cost factor rate shall be the social cost factor rate assigned to rate class 40 under (b)(ii) of this subsection.
(d) For all other employers not qualified to be in the array:
(i) For rate years 2005, 2006, and 2007:
(A) The array calculation factor rate shall be a rate equal to the average industry array calculation factor rate as determined by the commissioner, plus fifteen percent of that amount; however, the rate may not be less than one percent or more than the array calculation factor rate in rate class 40; and
(B) The social cost factor rate shall be a rate equal to the average industry social cost factor rate as determined by the commissioner, plus fifteen percent of that amount, but not more than the social cost factor rate assigned to rate class 40 under (b)(ii) of this subsection.
(ii) For contributions assessed for rate years 2008 and 2009:
(A) The array calculation factor rate shall be a rate equal to the average industry array calculation factor rate as determined by the commissioner, multiplied by the history factor, but not less than one percent or more than the array calculation factor rate in rate class 40;
(B) The social cost factor rate shall be a rate equal to the average industry social cost factor rate as determined by the commissioner, multiplied by the history factor, but not more than the social cost factor rate assigned to rate class 40 under (b)(ii) of this subsection; and
(C) The history factor shall be based on the total amounts of benefits charged and contributions paid in the three fiscal years ending prior to the computation date by employers not qualified to be in the array, other than employers in (c) of this subsection, who were first subject to contributions in the calendar year ending three years prior to the computation date. The commissioner shall calculate the history ratio by dividing the total amount of benefits charged by the total amount of contributions paid in this three-year period by these employers. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it amounts to five one-hundredths or more, in which case the second decimal place shall be rounded to the next higher digit. The commissioner shall determine the history factor according to the history ratio as follows:
 
History
Ratio
 
History
Factor
(percent)
 
At least
Less than
 
(I)
 
.95
90
(II)
.95
1.05
100
(III)
1.05
 
115
(2) For contributions assessed in rate year 2010 and thereafter, the contribution rate for each employer subject to contributions under RCW 50.24.010 shall be the sum of the array calculation factor rate and the graduated social cost factor rate determined under this subsection, and the solvency surcharge determined under RCW 50.29.041, if any.
(a) The array calculation factor rate shall be determined as follows:
(i) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios. The array shall show for each qualified employer: (A) Identification number; (B) benefit ratio; and (C) taxable payrolls for the four consecutive calendar quarters immediately preceding the computation date and reported to the employment security department by the cut-off date.
(ii) Each employer in the array shall be assigned to one of forty rate classes according to his or her benefit ratio as follows, and, except as provided in RCW 50.29.026, the array calculation factor rate for each employer in the array shall be the rate specified in the rate class to which the employer has been assigned:
Benefit Ratio
Rate
Class
Rate
(percent)
At least
Less than
 
0.000001
1
0.00
0.000001
0.001250
2
0.11
0.001250
0.002500
3
0.22
0.002500
0.003750
4
0.33
0.003750
0.005000
5
0.43
0.005000
0.006250
6
0.54
0.006250
0.007500
7
0.65
0.007500
0.008750
8
0.76
0.008750
0.010000
9
0.88
0.010000
0.011250
10
1.01
0.011250
0.012500
11
1.14
0.012500
0.013750
12
1.28
0.013750
0.015000
13
1.41
0.015000
0.016250
14
1.54
0.016250
0.017500
15
1.67
0.017500
0.018750
16
1.80
0.018750
0.020000
17
1.94
0.020000
0.021250
18
2.07
0.021250
0.022500
19
2.20
0.022500
0.023750
20
2.38
0.023750
0.025000
21
2.50
0.025000
0.026250
22
2.63
0.026250
0.027500
23
2.75
0.027500
0.028750
24
2.88
0.028750
0.030000
25
3.00
0.030000
0.031250
26
3.13
0.031250
0.032500
27
3.25
0.032500
0.033750
28
3.38
0.033750
0.035000
29
3.50
0.035000
0.036250
30
3.63
0.036250
0.037500
31
3.75
0.037500
0.040000
32
4.00
0.040000
0.042500
33
4.25
0.042500
0.045000
34
4.50
0.045000
0.047500
35
4.75
0.047500
0.050000
36
5.00
0.050000
0.052500
37
5.15
0.052500
0.055000
38
5.25
0.055000
0.057500
39
5.30
0.057500
 
40
5.40
(b) The graduated social cost factor rate shall be determined as follows:
(i)(A) Except as provided in (b)(i)(B) and (C) of this subsection, the commissioner shall calculate the flat social cost factor for a rate year by dividing the total social cost by the total taxable payroll. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it amounts to five hundredths or more, in which case the second decimal place shall be rounded to the next higher digit. The flat social cost factor shall be expressed as a percentage.
(B)(I) If, on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide more than ten months of unemployment benefits, the commissioner shall calculate the flat social cost factor for the rate year immediately following the cut-off date by reducing the total social cost by the dollar amount that represents the number of months for which the balance in the unemployment compensation fund on the cut-off date will provide benefits above ten months and dividing the result by the total taxable payroll. However, the calculation under this subsection (2)(b)(i)(B) for a rate year may not result in a flat social cost factor that is more than four-tenths lower than the calculation under (b)(i)(A) of this subsection for that rate year. For rate year 2011 and thereafter, the calculation may not result in a flat social cost factor that is more than one and twenty-two one-hundredths percent.
(II) If, on the cut-off date, the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide ten months of unemployment benefits or less, the flat social cost factor for the rate year immediately following the cut-off date may not increase by more than fifty percent over the previous rate year or may not exceed one and twenty-two one-hundredths percent, whichever is greater.
(III) For the purposes of this subsection (2)(b), the commissioner shall determine the number of months of unemployment benefits in the unemployment compensation fund using the benefit cost rate for the average of the three highest calendar benefit cost rates in the twenty consecutive completed calendar years immediately preceding the cut-off date or a period of consecutive calendar years immediately preceding the cut-off date that includes three recessions, if longer. The twenty-five dollar increase paid as part of an individual's weekly benefit amount as provided in RCW 50.20.1202 shall not be considered in calculating the benefit cost rate when determining the number of months of unemployment benefits in the unemployment compensation fund.
(C) The minimum flat social cost factor calculated under this subsection (2)(b) shall be six-tenths of one percent, except that if the balance in the unemployment compensation fund is determined by the commissioner to be an amount that will provide:
(I) At least ten months but less than eleven months of unemployment benefits, the minimum shall be five-tenths of one percent; or
(II) At least eleven months but less than twelve months of unemployment benefits, the minimum shall be forty-five hundredths of one percent; or
(III) At least twelve months but less than thirteen months of unemployment benefits, the minimum shall be four-tenths of one percent; or
(IV) At least thirteen months but less than fifteen months of unemployment benefits, the minimum shall be thirty-five hundredths of one percent; or
(V) At least fifteen months but less than seventeen months of unemployment benefits, the minimum shall be twenty-five hundredths of one percent; or
(VI) At least seventeen months but less than eighteen months of unemployment benefits, the minimum shall be fifteen hundredths of one percent; or
(VII) At least eighteen months of unemployment benefits, the minimum shall be fifteen hundredths of one percent through rate year 2011 and shall be zero thereafter.
(ii)(A) For rate years through 2010, the graduated social cost factor rate for each employer in the array is the flat social cost factor multiplied by the percentage specified as follows for the rate class to which the employer has been assigned in (a)(ii) of this subsection, except that the sum of an employer's array calculation factor rate and the graduated social cost factor rate may not exceed six percent or, for employers whose North American industry classification system code is within "111," "112," "1141," "115," "3114," "3117," "42448," or "49312," may not exceed five and four-tenths percent:
(((A))) (I) Rate class 1 - 78 percent;
(((B))) (II) Rate class 2 - 82 percent;
(((C))) (III) Rate class 3 - 86 percent;
(((D))) (IV) Rate class 4 - 90 percent;
(((E))) (V) Rate class 5 - 94 percent;
(((F))) (VI) Rate class 6 - 98 percent;
(((G))) (VII) Rate class 7 - 102 percent;
(((H))) (VIII) Rate class 8 - 106 percent;
(((I))) (IX) Rate class 9 - 110 percent;
(((J))) (X) Rate class 10 - 114 percent;
(((K))) (XI) Rate class 11 - 118 percent; and
(((L))) (XII) Rate classes 12 through 40 - 120 percent.
(B) For rate years 2011 and thereafter, the graduated social cost factor rate for each employer in the array is the flat social cost factor multiplied by the percentage specified as follows for the rate class to which the employer has been assigned in (a)(ii) of this subsection, except that the sum of an employer's array calculation factor rate and the graduated social cost factor rate may not exceed six percent or, for employers whose North American industry classification system code is within "111," "112," "1141," "115," "3114," "3117," "42448," or "49312," may not exceed five and four-tenths percent:
(I) Rate class 1 - 40 percent;
(II) Rate class 2 - 44 percent;
(III) Rate class 3 - 48 percent;
(IV) Rate class 4 - 52 percent;
(V) Rate class 5 - 56 percent;
(VI) Rate class 6 - 60 percent;
(VII) Rate class 7 - 64 percent;
(VIII) Rate class 8 - 68 percent;
(IX) Rate class 9 - 72 percent;
(X) Rate class 10 - 76 percent;
(XI) Rate class 11 - 80 percent;
(XII) Rate class 12 - 84 percent;
(XIII) Rate class 13 - 88 percent;
(XIV) Rate class 14 - 92 percent;
(XV) Rate class 15 - 96 percent;
(XVI) Rate class 16 - 100 percent;
(XVII) Rate class 17 - 104 percent;
(XVIII) Rate class 18 - 108 percent;
(XIX) Rate class 19 - 112 percent;
(XX) Rate class 20 - 116 percent; and
(XXI) Rate classes 21 through 40 - 120 percent.
(iii) For the purposes of this section:
(A) "Total social cost" means the amount calculated by subtracting the array calculation factor contributions paid by all employers with respect to the four consecutive calendar quarters immediately preceding the computation date and paid to the employment security department by the cut-off date from the total unemployment benefits paid to claimants in the same four consecutive calendar quarters. To calculate the flat social cost factor for rate years 2012 and 2013, the twenty-five dollar increase paid as part of an individual's weekly benefit amount as provided in RCW 50.20.1202 shall not be considered for purposes of calculating the total unemployment benefits paid to claimants in the four consecutive calendar quarters immediately preceding the computation date.
(B) "Total taxable payroll" means the total amount of wages subject to tax, as determined under RCW 50.24.010, for all employers in the four consecutive calendar quarters immediately preceding the computation date and reported to the employment security department by the cut-off date.
(c) For employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due:
(i) For rate years through 2010:
(A) The array calculation factor rate shall be two-tenths higher than that in rate class 40, except employers who have an approved agency-deferred payment contract by September 30th of the previous rate year. If any employer with an approved agency-deferred payment contract fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the employer's tax rate shall immediately revert to an array calculation factor rate two-tenths higher than that in rate class 40; and
(B) The social cost factor rate shall be the social cost factor rate assigned to rate class 40 under (b)(ii)(A) of this subsection.
(ii) For rate years 2011 and thereafter:
(A)(I) For an employer who does not enter into an approved agency-deferred payment contract as described in (c)(ii)(A)(II) or (III) of this subsection, the array calculation factor rate shall be the rate it would have been if the employer had not been delinquent in payment plus an additional one percent or, if the employer is delinquent in payment for a second or more consecutive year, an additional two percent;
(II) For an employer who enters an approved agency-deferred payment contract by September 30th of the previous rate year, the array calculation factor rate shall be the rate it would have been if the employer had not been delinquent in payment;
(III) For an employer who enters an approved agency-deferred payment contract after September 30th of the previous rate year, but within thirty days of the date the department sent its first tax rate notice, the array calculation factor rate shall be the rate it would have been had the employer not been delinquent in payment plus an additional one-half of one percent or, if the employer is delinquent in payment for a second or more consecutive year, an additional one and one-half percent;
(IV) For an employer who enters an approved agency-deferred payment contract as described in (c)(ii)(A)(II) or (III) of this subsection, but who fails to make any one of the succeeding deferred payments or fails to submit any succeeding tax report and payment in a timely manner, the array calculation factor rate shall immediately revert to the applicable array calculation factor rate under (c)(ii)(A)(I) of this subsection; and
(B) The social cost factor rate shall be the social cost factor rate assigned to rate class 40 under (b)(ii)(B) of this subsection.
(d) For all other employers not qualified to be in the array:
(i) The array calculation factor rate shall be a rate equal to the average industry array calculation factor rate as determined by the commissioner, multiplied by the history factor, but not less than one percent or more than the array calculation factor rate in rate class 40;
(ii) The social cost factor rate shall be a rate equal to the average industry social cost factor rate as determined by the commissioner, multiplied by the history factor, but not more than the social cost factor rate assigned to rate class 40 for the relevant year under (b)(ii)(A) or (B) of this subsection; and
(iii) The history factor shall be based on the total amounts of benefits charged and contributions paid in the three fiscal years ending prior to the computation date by employers not qualified to be in the array, other than employers in (c) of this subsection, who were first subject to contributions in the calendar year ending three years prior to the computation date. The commissioner shall calculate the history ratio by dividing the total amount of benefits charged by the total amount of contributions paid in this three-year period by these employers. The division shall be carried to the second decimal place with the remaining fraction disregarded unless it amounts to five one-hundredths or more, in which case the second decimal place shall be rounded to the next higher digit. The commissioner shall determine the history factor according to the history ratio as follows:
History
Ratio
 
History
Factor
(percent)
 
At least
Less than
 
(A)
 
.95
90
(B)
.95
1.05
100
(C)
1.05
 
115
(3) Assignment of employers by the commissioner to industrial classification, for purposes of this section, shall be in accordance with established classification practices found in the North American industry classification system code.

NOTES:

Reviser's note: RCW 50.29.025 was amended twice during the 2011 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Effective date2011 c 4 §§ 1-6 and 16-21: See note following RCW 50.20.1202.
Conflict with federal requirements2011 c 4: See note following RCW 50.20.1202.
Conflict with federal requirements2010 c 72: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 2010 c 72 § 3.]
Conflict with federal requirements2009 c 493: See note following RCW 50.29.021.
Short titleEffective dateConflict with federal requirements2009 c 3: See notes following RCW 50.20.120.
Conflict with federal requirements2007 c 51: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [ 2007 c 51 § 2.]
Severability2007 c 51: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2007 c 51 § 3.]
Application2007 c 51: "This act applies for rate years beginning on or after January 1, 2008." [ 2007 c 51 § 4.]
Application2006 c 13 §§ 4 and 5: "Sections 4 and 5 of this act apply to rate years beginning on or after January 1, 2007." [ 2006 c 13 § 26.]
Conflict with federal requirementsPart headings not lawSeverability2006 c 13: See notes following RCW 50.20.120.
FindingsIntentConflict with federal requirementsEffective date2005 c 133: See notes following RCW 50.20.120.
Additional employees authorized2005 c 133: See note following RCW 50.01.010.
Conflict with federal requirementsSeverabilityEffective date2003 2nd sp.s. c 4: See notes following RCW 50.01.010.
Application2003 c 4 § 1: "Section 1 of this act applies to rate years beginning on or after January 1, 2003." [ 2003 c 4 § 2.]
Effective date2003 c 4: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 12, 2003]." [ 2003 c 4 § 3.]
Application2000 c 2 §§ 1, 2, 4, 5, 8, and 12-15: See note following RCW 50.22.150.
Conflict with federal requirementsSeverabilityEffective date2000 c 2: See notes following RCW 50.04.355.
Effective dates1995 c 4: "(1) Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 16, 1995].
(2) Section 2 of this act shall take effect January 1, 1998." [ 1995 c 4 § 4.]
Expiration date1995 c 4 § 1: "Section 1 of this act shall expire January 1, 1998." [ 1995 c 4 § 5.]
Effective dates, applicabilityConflict with federal requirementsSeverability1993 c 483: See notes following RCW 50.04.293.
Elevation of employer contribution ratesReport by commissioner1993 c 226: "Prior to any increase in the employer tax schedule as provided in section 13, chapter 226, Laws of 1993, the commissioner shall provide a report to the appropriate committees of the legislature specifying to what extent the workforce training expenditures in chapter 226, Laws of 1993 elevated employer contribution rates for the effective tax schedule." [ 1993 c 226 § 16.]
Effective dates1993 c 226 §§ 10, 12, and 14: See note following RCW 50.16.010.
Conflict with federal requirementsSeverabilityApplication1993 c 226: See notes following RCW 50.16.010.
Conflict with federal requirementsEffective dates1990 c 245: See notes following RCW 50.04.030.
Effective date1989 c 380 §§ 78-81: See note following RCW 50.04.150.
Conflict with federal requirements1989 c 380: See note following RCW 50.04.150.
Conflict with federal requirementsSeverability1987 c 171: See notes following RCW 50.62.010.
Conflict with federal requirementsSeverability1985 ex.s. c 5: See notes following RCW 50.62.010.
Conflict with federal requirementsSeverabilityEffective dates1984 c 205: See notes following RCW 50.20.120.
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