IC 22-4-10-4.3: Recalculation of experience rating

Sec. 4.3. (a) If employing units that are not eligible for separate accounts obtain and use separate accounts, the department shall, once the error has been discovered, retroactively recalculate the employing units' experience rate as if the employing units had reported using a single account.

(b) The recalculation must be made not later than four (4) completed calendar years subsequent to the date that the contributions, penalties, or interest would have become due, except that this limitation shall not apply to any contributions, penalty, or interest that should have been paid with respect to any incorrect report filed with the department which report was known or should have been known to be incorrect by the employing unit.

(c) Employing units may be subject to the following penalties for violating this section:

(1) An increased merit rate under IC 22-4-11-2.

(2) Penalties and interest as set forth in IC 22-4-29-1.

(3) Criminal penalties set forth in IC 22-4-34-2.