Vermont Statutes Title 21 Sec. 1329
Terms Used In Vermont Statutes Title 21 Sec. 1329
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Commissioner: means the Commissioner of Labor established by this chapter, or his or her authorized representative. See
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contributions: means the money payments to the State Unemployment Compensation Fund required by this chapter. See
- Employer: includes :
- employment: shall include an individual's entire service, performed within, or both within and without, this State if the service is localized in this State. See
- Fund: means the Unemployment Compensation Fund established by this chapter, to which all contributions required and from which all benefits provided under this chapter shall be paid. See
- Lien: A claim against real or personal property in satisfaction of a debt.
- Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
- 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: means the states of the United States of America, the Commonwealth of Puerto Rico, the District of Columbia, and after December 31, 1977, the Virgin Islands. See
- Trustee: A person or institution holding and administering property in trust.
- wages: as used in this chapter shall not include:
§ 1329. Collection of unpaid contributions; suit
(a)(1) If any employer fails to make, when due, any contributions or payments required of the employer under this chapter, the obligation shall carry interest at the rate of one and one-half percent per month from the due date.
(2)(A) It shall be the duty of the Commissioner to collect the overdue obligations and interest. Interest collected shall be paid into the Contingent Fund established pursuant to section 1365 of this title.
(B) If an employer has paid the contributions or payments timely to another state through error, the Commissioner may waive the interest.
(C) The Commissioner may waive all or a portion of the interest if the Commissioner determines that the untimeliness of the payment was not caused by fault, neglect, or bad faith on the part of the employer.
(b) In addition to other remedies and proceedings authorized by this chapter, a civil action in the name of the Commissioner may be maintained and the remedies available in such action, including attachment and trustee process, shall be available to the Commissioner for the collection of contributions, interest, and penalties under this chapter.
(c) An employer failing, for any two calendar quarters during the preceding 20 calendar quarters, to make return or to pay contributions required under this chapter, and who has not ceased to be an employer as provided in section 1323 of this title, may be required by the Commissioner to furnish a good and sufficient bond conditioned upon the payment of such delinquent contributions, together with interest and penalty from the due date thereof, and containing such terms as may be determined by the Commissioner. An employer who fails to furnish such bond when required by the Commissioner may be enjoined from employing individuals in employment, as defined by this chapter, upon complaint of the Commissioner in the Superior Court of any county in which the employer is doing business, until the contributions due, together with interest and penalty, are paid to the Commissioner.
(d) In the event of an employer’s dissolution, adjudicated insolvency, adjudicated bankruptcy, receivership, assignment for benefit of creditors, judicially confirmed extension proposals or composition, claims or contributions due under this chapter and for interest thereon then or thereafter due under this chapter shall be a lien upon such employer’s assets and shall have priority over all other claims except expenses of administration, taxes, wage claims, and prior liens valid under the laws of this State.
(e) No action shall be commenced for the collection of contributions, interest and penalties under this chapter more than three years after the date on which the contributions became due and payable, unless prior to the expiration of the three-year period:
(1) an assessment proceeding has been instituted under the provisions of section 1330 of this title;
(2) a civil action has been instituted under subsection (b) of this section; or
(3) a lien has been created under section 1336 of this title.
(f) The provisions of subsection (e) of this section shall not apply where an employer intentionally fails or refuses to file a report with the Commissioner or to include in any report all wages that the employer has paid, or otherwise attempts to avoid or reduce liability for the payment of contributions. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 15, eff. July 11, 1961; 1965, No. 27, eff. April 14, 1965; 1967, No. 61; 1969, No. 41; 1983, No. 16, § 6; 1985, No. 121 (Adj. Sess.), § 1, eff. April 16, 1986; 1987, No. 100, § 2; 2017, No. 74, § 50; 2021, No. 105 (Adj. Sess.), § 408, eff. July 1, 2022.)