| (a) Voluntary Partial Transfer of Compensation Experience
(1) An application for transfer of compensation experience
pursuant to §204.084 of the Act shall be filed with the Agency
in one of the following formats:
(A) forms printed by the Agency;
(B) magnetic or electronic media in a format prescribed
by this Agency; or
(C) any other manner approved and prescribed by the
Agency in writing.
(2) The application shall:
(A) contain all facts and information and documents,
including waiver, necessary to make a determination under §204.084
of the Act and in accordance with the requirements of that section;
and
(B) be accurate, complete, and signed by an authorized
representative. Incomplete applications will be returned unprocessed.
(3) An application under this section must be filed
with the Agency within one year of the date the partial transfer is
completed.
(4) To satisfy the identifiable and segregable requirements
of §204.084(c)(3):
(A) the applicants shall show that the successor employer
acquired a distinct and separable part of the organization, trade,
or business that is capable of operating independently and separately
from the predecessor employer; and
(B) the wages attributable to the acquired part of
the organization, trade, or business shall be separate and distinct
from other wages of the predecessor employer and shall be solely attributable
to services provided on behalf of the acquired part of the organization,
trade, or business.
(b) Mandatory Partial Transfer of Compensation Experience
(1) When a partial acquisition occurs that requires
transfer of compensation experience pursuant to §204.083, the
employing units involved may file with the Agency, in one of the following
formats, the information necessary to determine if the conditions
of §204.085(a) are met:
(A) Forms printed by the Agency;
(B) Magnetic or electronic media in a format prescribed
by the Agency; or
(C) Any other manner approved and prescribed by the
Agency in writing.
(2) The submission shall:
(A) contain all facts, information, and documents necessary
to make a determination under, and in accordance with, the requirements
of §204.085;
(B) be accurate, complete, and signed by an authorized
representative; and
(C) be filed with the Agency within one year of the
date the partial transfer was completed, if the partial transfer was
completed prior to September 1, 2015. Otherwise, the submission is
due pursuant to deadlines established in §204.085(a-1).
(3) To satisfy the conditions of §204.085(a):
(A) the successor employer shall have acquired a distinct
and separable part of the organization, trade, or business that is
capable of operating independently and separately from the predecessor
employer; and
(B) the wages attributable to the acquired part of
the organization, trade, or business shall be separate and distinct
from other wages of the predecessor employer and shall be solely attributable
to services provided on behalf of the acquired part of the organization,
trade, or business.
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| Source Note: The provisions of this §815.111 adopted to be effective October 7, 2002, 27 TexReg 9395; amended to be effective June 18, 2012, 37 TexReg 4431; amended to be effective April 26, 2016, 41 TexReg 2972 |
