39-51-404. Special administrative funds. (1) Money credited to the account of this state in the unemployment trust fund by the secretary of the treasury of the United States pursuant to section 903 of the Social Security Act, 42 U.S.C. § 1103, as amended, may be used, pursuant to a specific appropriation by the legislature, for the payment of expenses incurred by the department for the administration of the unemployment insurance laws and public employment offices. The appropriation must specify the purposes of the appropriation and the amounts of the appropriation.

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Terms Used In Montana Code 39-51-404

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
  • Fund: means the unemployment insurance fund established by this chapter to which all contributions and payments in lieu of contributions must be paid and from which all benefits provided under this chapter must be paid. See Montana Code 39-51-201
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • State: includes , in addition to the states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and Canada. See Montana Code 39-51-201
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)The department shall maintain a separate record of the deposit, obligation, expenditure, and return of funds deposited. If any money deposited is for any reason not to be expended for the purpose for which it was appropriated or if it remains unexpended at the end of the period specified by the law appropriating the money, it must be withdrawn and returned to the secretary of the treasury of the United States for credit to this state’s account in the unemployment trust fund.

(3)The following assessments must be levied against and paid by the indicated employers:

(a)0.13% of all taxable wages paid by employers assigned a Rate Class 1, Schedules I and II, and Rate Class 2, Schedule I, contribution rate as provided in 39-51-1218;

(b)0.18% of all taxable wages paid by employers assigned a contribution rate other than Rate Class 1, Schedules I and II, and Rate class 2, Schedule I, as provided in 39-51-1218;

(c)0.18% of all taxable wages paid by employers assigned an industrial rate as provided in 39-51-1217;

(d)0.08% of total wages paid by all employers as provided in 39-51-1124;

(e)0.09% of total wages paid by all employers as provided in 39-51-1212.

(4)All assessments and investment income must be deposited in the employment security account provided for in 39-51-409.

(5)The following assessments and investment income from those assessments are designated to be used for the administration of the unemployment insurance program:

(a)0.05% of all taxable wages paid by all employers as provided in 39-51-1218;

(b)0.05% of all taxable wages paid by employers assigned an industry rate as provided in 39-51-1217;

(c)0.03% of total wages paid by all employers as provided in 39-51-1124; and

(d)0.04% of total wages paid by all employers as provided in 39-51-1212.

(6)If unemployment insurance funding sources exceed the needs of the unemployment insurance program, all or a portion of the excess may be appropriated and used for the purposes outlined in 39-51-409.