If the department finds that an employer ceased to render employment solely due to the closing of the business because of the entrance of one or more of the owners, officers, partners, or the majority stockholders into the Armed Forces of the United States, or any of its allies, or of the United Nations after January 1, 1951, such employer's account shall not be terminated; and, if the business is resumed and employment rendered within two years after the discharge or release from active duty in the armed forces of the person or persons, the employer's experience shall be deemed to have been continuous throughout that period. The benefit ratio of the employer shall be the amount calculated pursuant to Section 41-31-5, including benefits paid to any individual during the period the employer was in the armed forces. This provision shall not be construed to authorize cash refunds and any adjustments required hereunder only shall be by credit certificate.
HISTORY: 1962 Code Section 68-175.2; 1952 (47) 1889; 1955 (49) 480; 2010 Act No. 234, Section 1, eff January 1, 2011; 2011 Act No. 63, Section 6, eff June 14, 2011.
Effect of Amendment
The 2010 amendment substituted "department" for "Commission" in the first sentence, and rewrote the second sentence.
The 2011 amendment in the second sentence deleted ", divided by his average annual payroll for the most recent year during the whole of which the employer has been in business and has rendered employment".
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