8 CSR 10-4.160 - Lessor Employing Units
PURPOSE: This rule establishes procedures for complying with the surety bond or securities aspect of section 288.032.2(2), RSMo.
(1) Each lessor
employing unit shall maintain a listing of its client lessees and a listing of
employees leased to each client lessee. Each lessor employing unit shall file
with its quarterly contribution and wage report the listing of its client
lessees. The listings of client lessees and employees leased to each client
lessees shall be available for audit and inspection by the Division of
Employment Security.
(2) Any lessor
employing unit desiring to post a surety bond with the Division of Employment
Security in accordance with section 288.032.2, RSMo of the Missouri Employment
Security Law, Chapter 288, RSMo shall execute a surety bond in the amount set
forth in section 288.032.2, RSMo. The surety bond shall be on a form provided,
or approved, by the division. Any bond not on the form provided by the division
shall be submitted to the division for approval prior to its being
executed.
(3) The surety bond must
be issued by an insurance company licensed for bonding in the state on behalf
of the applicant. The form must bear the seal of the insurance company, the
effective date and be accompanied by a power of attorney letter signed by the
attorney-in-fact and it must also contain the signature of the
applicant.
(4) The Division of
Employment Security may reject a surety bond issued by an insurance company
which has been suspended by the Missouri Department of Insurance. The division
may require a lessor employing unit which has a surety bond issued by an
insurance company suspended by the Missouri Department of Insurance to replace
that bond with a new surety bond issued by a company in good standing with the
Missouri Department of Insurance. The replacement bond must be bought by the
lessor employing unit within thirty (30) days of notification by the
division.
(5) Any lessor employing
unit depositing securities with the Division of Employment Security in
accordance with section 288.032.2, RSMo shall also execute an Assignment and
Escrow Agreement provided by the division. The agreement shall contain a
provision in which the lessor employing unit consents to an audit of its
records prior to the release or cancellation of the securities tendered with
the agreement.
(6) Any securities
deposited in a depository designated by the director of the Division of
Employment Security pursuant to section 288.032.2, RSMo shall be accompanied by
the signed statement of a licensed broker identifying each security and setting
forth its current market value. Should the combined value of those deposited
securities be less than the required amount, the lessor employing unit shall
immediately deposit additional securities to raise the value to the required
amount. After that, the lessor employing unit shall submit with its quarterly
contribution and wage reports-
(A) A statement
signed by a licensed broker setting forth the market value on the first
business day of that month of each security so deposited; and
(B) An attestation by the broker stating that
s/he has no interest in and is not affiliated in any way with the lessor
employer or the corporation(s) that issued the stocks included in the market
value statement.
(7)
Pursuant to section 288.032.2, RSMo, a lessor employing unit, in lieu of a
surety bond or securities, may obtain a certificate of deposit issued by any
state or federally chartered financial institution in an amount equivalent to
the amount required for a surety bond. The certificate of deposit shall be made
payable jointly to the employing unit and the Division of Employment Security.
The lessor employing unit shall forward the certificate of deposit, along with
an executed Assignment and Escrow Agreement, to the division. The lessor
employing unit shall forward to the division the certificate of deposit and an
executed Assignment and Escrow Agreement on a form provided by the
division.
(8) The director of the
Division of Employment Security shall notify any lessor employing unit who has
posted a corporate surety bond, deposited marketable securities, or obtained a
certificate of deposit, of the dollar amount required for that year to comply
with the provisions of section 288.032.2, RSMo. The notification shall be
mailed to each lessor employing unit not later than the end of February of each
calendar year.
(9) Neither the
obligation for payment nor the bond, securities, or certificate of deposit
securing payment of unemployment contributions pursuant to section 288.032.2,
RSMo of the Missouri Employment Security Law shall be released until the
Division of Employment Security is satisfied, either by audit or otherwise,
that all contributions liability on account of the bond, securities or
certificate of deposit has been paid. This section of this rule shall not be
construed to increase the liability of the surety in excess of the face amount
of the bond regardless of the period of time the bond remains in effect, nor
shall it be construed to affect the right of any surety to terminate the bond
in accordance with the terms of the bond.
(10) The forms provided by the division to be
used to comply with this rule may be obtained by contacting the division at
573751-3331; by writing the Division of Employment Security, Attention
Liability Unit, P.O. Box 59, Jefferson City, MO 65104-0059; or by downloading
the form through the division's Internet web site at
http://www.dolir.state.mo.us/es/.
Notes
*Original authority 288.220, RSMo 1951, amended 1955, 1961, 1963, 1967, 1971, 1995.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.