<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 09.32.01.05" title_num="09" subtitle_num="32" chapter_num="01" heading="Charging of Benefit Payments.">
  <paragraph num="A.">
    <text>Contributor.</text>
    <paragraph num="(1)">
      <text>Benefit Payments Charged. Except as provided in §A(2) of this regulation or in the Unemployment Insurance Law, the earned-rate record of a contributor who is a base period employer shall be charged with all regular and work-sharing benefit payments, the appropriate share of extended benefit payments, and dependents' allowance.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Benefit Payments Not Chargeable. Benefit payments may not be charged against the earned-rate record of a contributor who is a base period employer when the claimant:</text>
      <paragraph num="(a)">
        <text>Voluntarily left employment:</text>
        <paragraph num="(i)">
          <text>Without good cause,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>To accept better employment, or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>To enter a training program approved by the Secretary;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Has been discharged by the employer for gross misconduct as defined in the Unemployment Insurance Law;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Was employed by the employing unit on a continuous part-time basis as of the date of the claimant’s initial claim for benefits; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Was employed in a work release program as set forth in the Unemployment Insurance Law, if the separation was caused by the claimant's release from prison.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Continuous Part-Time Basis. For the purposes of this regulation, employment is on a continuous part-time basis under Labor and Employment Article, Title 8, Subtitle 6, Annotated Code of Maryland if:</text>
      <paragraph num="(a)">
        <text>The claimant was not employed by the employing unit on a full-time basis during the base period;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The claimant continued to be employed by the employing unit on a part-time basis as of the date of the initial claim for benefits; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The employing unit did not cause the claimant’s part-time working hours to be reduced.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>When Charged.</text>
      <paragraph num="(a)">
        <text>Benefit payments shall be charged to an employer's earned-rate record for the calendar quarter during which the benefits are paid.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A notice of benefit payments charged to the contributor's earned-rate record shall be sent to the contributor at the end of each calendar quarter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Benefit Overpayment Credit. When an overpayment of benefits is established, the overpayment shall be credited to the contributor's earned-rate record in the calendar quarter in which the overpayment is established.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Reimburser.</text>
    <paragraph num="(1)">
      <text>A reimburser who is a base period employer shall reimburse the Unemployment Insurance Trust Fund for all regular and work-sharing benefit payments, the appropriate share of extended benefit payments, and dependents' allowance.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A notice of benefit payments that must be reimbursed (Statement of Reimbursable Benefits) shall be sent to the reimburser at the end of each calendar quarter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Allocation.</text>
    <paragraph num="(1)">
      <text>Reimbursers and Contributors.</text>
      <paragraph num="(a)">
        <text>When not all of the claimant's base period employers are reimbursers, benefits paid to a claimant shall first be allocated to each reimburser in accordance with the Unemployment Insurance Law. The remainder of the claimant's benefit payments shall be charged to the earned-rate record of those base period employers who are contributors in the same ratio that each employer paid the claimant's total base period wages.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When calculating the allocation, the percentage of the charge to each base period employer shall be rounded off to the nearest whole number.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Contributors. When all the claimant's base period employers are contributors, benefits paid to a claimant shall be allocated to each contributor in accordance with the Unemployment Insurance Law.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Reimbursers. When all the claimant's base period employers are reimbursers, benefits paid to a claimant shall be prorated to each reimburser in accordance with the Unemployment Insurance Law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Charging of Out-of-State Benefit Payments. Except as provided in §A(2) of this regulation, when the State reimburses another state for benefits paid by that other state based on Maryland wages, the earned-rate record of each contributor shall be charged, and each reimburser shall be charged in the same ratio that each employer paid the claimant's total Maryland wages.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Review. An employer who disputes the charging determination may seek review of the determination pursuant to Labor and Employment Article, §8-604, Annotated Code of Maryland.</text>
  </paragraph>
</regulation>