Page:United States Statutes at Large Volume 102 Part 4.djvu/791

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-647—NOV. 10, 1988

102 STAT. 3761

amount that bears the same ratio to the amount so computed as 4 or 12, as appropriate, bears to the number of calendar quarters in the period on which the computation was based, "(vi) SPECIAL TRANSITION RULE FOR PUBLIC COMMUTER

RAILROADS.—With respect to each of calendar years 1989 and 1990, the contribution of an employer which on the date of the enactment of the Railroad Unemployment Insurance and Retirement Improvement Act of 1988 is a publicly funded and publicly operated carrier providing rail commuter service shall be equal to the amount of benefits attributable to such carrier, plus an amount equal to 0.65 percent of the total compensation paid by that employer in that year on which that employer's contribution would be based under clause (i) if such employer's contribution were determined under that clause. "(C) EXPERIENCE-RATED CONTRIBUTIONS.—With respect to

compensation paid in a calendar year that begins after December 31, 1992, the contribution rate for each employer shall be determined as follows: "(i) STEP i.—Compute the employer's benefit ratio as of the preceding June 30 to 4 decimal points in accordance with paragraph (2). "(ii) STEP 2.—Subtract the employer's reserve ratio as of the preceding June 30 as computed to 4 decimal points in accordance with paragraph (4). "(iii) STEP 3.—Subtract the pooled credit ratio for the calendar year, if any, as computed to 4 decimal points in accordance with paragraph (12). "(iv) STEP 4.—Multiply by 100 the total arrived at under the steps set forth in clauses (i) through (iii) so as to obtain a percentage rate, which shall be rounded to the nearest 100th of 1 percent. If the total arrived at under such steps is 0 or less than 0, the percentage rate as so computed shall be 0. "(v) STEP 5.—Add 0.65 to the percentage rate arrived at under clause (iv), representing the portion of the employer's contribution which is to be deposited to the credit of the fund under subsection (i). "(vi) STEP 6.—Add the surcharge rate for the calendar year, if any, as computed under paragraph (14). "(vii) STEP 7.—Add the pooled charge ratio for the calendar year, if any, as computed to 4 decimal points under paragraph (13) and multiplied by 100. "(viii) STEP 8.—Reduce the precentage rate computed in accordance with the preceding steps to the maximum contribution limit computed under paragraph (20), if such rate is higher thsm such limit. The rate computed in accordance with the preceding steps, after any reduction under this clause, is the contribution rate. "(D) NEW-EMPLOYER CONTRIBUTION RATES.—Notwithstand-

ing subparagraphs (B) and (C), the contribution:ate applicable to a new employer who does not become subject to this Act until after December 31, 1989, shall be determined as follows: