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Minnesota Legislature

Office of the Revisor of Statutes

268.052 PAYMENT TO TRUST FUND BY STATE AND POLITICAL SUBDIVISIONS.
    Subdivision 1. Payments. In lieu of taxes payable on a quarterly basis, the state of Minnesota
or its political subdivisions must reimburse the trust fund the amount of unemployment benefits
charged to its reimbursable account under section 268.047. Reimbursements in the amount of
unemployment benefits charged to the reimbursable account during a calendar quarter must be
received by the department on or before the last day of the month following the month that the
notice of unemployment benefits paid is sent under section 268.047, subdivision 5. Past due
reimbursements are subject to the same interest charges and collection procedures that apply to
past due taxes.
    Subd. 2. Election by state or political subdivision to be a taxpaying employer. (a) The
state or political subdivision may elect to be a taxpaying employer for any calendar year if a
notice of election is filed within 30 calendar days following January 1 of that calendar year. Upon
election, the state or political subdivision must be assigned the new employer tax rate under
section 268.051, subdivision 5, for the calendar year of the election and until it qualifies for an
experience rating under section 268.051, subdivision 3.
    (b) An election is for a minimum period of two calendar years following the effective date of
the election and continue unless a notice terminating the election is filed not later than 30 calendar
days before the beginning of the calendar year. The termination is effective at the beginning of the
next calendar year. Upon election, the commissioner shall establish a reimbursable account for the
state or political subdivision. A termination of election is allowed only if the state or political
subdivision has, since the beginning of the experience rating period under section 268.051,
subdivision 3
, paid taxes equal to or more than 125 percent of the unemployment benefits used in
computing the experience rating. In addition, any unemployment benefits paid after the experience
rating period are transferred to the new reimbursable account of the state or political subdivision.
If the amount of taxes paid since the beginning of the experience rating period exceeds 125 percent
of the amount of unemployment benefits paid during the experience rating period, that amount in
excess is applied against any unemployment benefits paid after the experience rating period.
    (c) The method of payments to the trust fund under subdivisions 3 and 4 applies to all
taxes paid by or due from the state or political subdivision that elects to be taxpaying employers
under this subdivision.
    (d) A notice of election or a notice terminating election must be filed by electronic
transmission in a format prescribed by the commissioner.
    Subd. 3. Method of payment by state. To discharge its liability, the state and its wholly
owned instrumentalities must pay the trust fund as follows:
    (1) Every self-sustaining department, institution and wholly owned instrumentality must pay
the trust fund in accordance with subdivision 1. For the purposes of this clause a "self-sustaining
department, institution or wholly owned instrumentality" is one where the dedicated income and
revenue substantially offsets its cost of operation.
    (2) Every partially self-sustaining department, institution and wholly owned instrumentality
must pay the trust fund that same proportion of the amount that has been charged to its employer
account as the proportion of the total of its income and revenue is to its annual cost of operation.
    (3) Every department, institution or wholly owned instrumentality that is not self-sustaining
must pay the trust fund to the extent funds are available from appropriated funds.
    (4) The departments, institutions and wholly owned instrumentalities, including the
University of Minnesota, that have money available must pay the trust fund in accordance with
subdivision 1. If an applicant was paid during the base period from a special account provided by
law, the payment to the trust fund must be made from the special account with the approval of the
Department of Administration and the amounts are appropriated.
    (5) For those departments, institutions and wholly owned instrumentalities that cannot
pay the trust fund, the commissioner shall certify on November 1 of each calendar year to the
commissioner of finance the unpaid balances. Upon receipt of the certification, the commissioner
of finance shall include the unpaid balances in the biennial budget submitted to the legislature.
    Subd. 4. Method of payment by political subdivision. A political subdivision or
instrumentality thereof is authorized and directed to pay its liabilities by money collected from
taxes or other revenues. Every political subdivision authorized to levy taxes except school
districts may include in its tax levy the amount necessary to pay its liabilities. School districts
may levy according to section 126C.43, subdivision 2. If the taxes authorized to be levied
cause the total amount of taxes levied to exceed any limitation upon the power of a political
subdivision to levy taxes, the political subdivision may levy taxes in excess of the limitations in
the amounts necessary to meet its liability. The expenditures authorized must not be included in
computing the cost of government as defined in any home rule charter. The governing body of
a municipality, for the purpose of meeting its liabilities, in the event of a deficit, may issue its
obligations payable in not more than two years, in an amount that may cause its indebtedness
to exceed any statutory or charter limitations, without an election, and may levy taxes in the
manner provided in section 475.61.
    Subd. 5. Considered an election. If the state of Minnesota or its political subdivisions
choose not to be a taxpaying employer under subdivision 2, the state or its political subdivision
are considered, for purposes of the Minnesota unemployment insurance program, to have elected
to be liable for reimbursements under subdivision 1.
History: Ex1936 c 2 s 4; 1937 c 306 s 2; 1939 c 443 s 3; 1941 c 554 s 3; 1943 c 650 s 2;
1945 c 376 s 3; 1947 c 32 s 1-8; 1947 c 432 s 3-5,11; 1947 c 600 s 7; 1949 c 526 s 1; 1949 c 605 s
3-6,17,18; 1951 c 442 s 2; 1953 c 97 s 5,6,8; 1953 c 288 s 1; 1955 c 380 s 2-4,6; 1957 c 25 s 1;
1957 c 873 s 2; 1959 c 702 s 2-4; 1965 c 45 s 40; 1965 c 741 s 6-11; 1967 c 573 s 3; 1967 c 617 s
1; 1967 c 856 s 1; 1969 c 3 s 1; 1969 c 567 s 3; 1969 c 854 s 6; 1971 c 860 s 1; 1971 c 942 s 3-6;
1973 c 254 s 3; 1973 c 599 s 2-4; 1975 c 336 s 6-10; 1977 c 4 s 4,5; 1977 c 297 s 6-11; 1977 c
430 s 25 subd 1; 1977 c 455 s 82; 1978 c 674 s 60; 1979 c 181 s 4-8; 1980 c 508 s 2-7; 1Sp1982 c
1 s 5-12; 1983 c 216 art 1 s 87; 1983 c 247 s 112; 1983 c 372 s 9-15; 1985 c 248 s 70; 1Sp1985 c
14 art 9 s 75; 1986 c 444; 1986 c 451 s 1; 1987 c 242 s 1; 1987 c 362 s 9-12; 1987 c 385 s 10-18;
1989 c 65 s 3-5; 1989 c 209 art 2 s 1; 1992 c 484 s 4-7; 1994 c 483 s 1; 1994 c 488 s 8; 1995 c 54
s 3-7; 1996 c 417 s 5-7,31; 1997 c 66 s 22-24,27,79,80; 1999 c 107 s 29,66; 2000 c 343 s 4; 2001
c 175 s 16-18; 2002 c 379 art 1 s 61; 1Sp2003 c 3 art 2 s 5,20; 1Sp2003 c 9 art 5 s 27,28; 2004 c
183 s 32,33; 2005 c 112 art 2 s 12; 2007 c 128 art 6 s 26-30