Okla. Stat. tit. 40, § 40-3-114: Estimate of Financial Condition of Fund - Surcharge

ESTIMATE OF FINANCIAL CONDITION OF FUND - SURCHARGE. Prior to

the beginning of each calendar quarter, the Oklahoma Employment

Security Commission shall prepare an estimate of the financial

condition of the fund for the quarter. If the estimate for any

quarter shows a balance at any time during the quarter of less than

Fifty Million Dollars ($50,000,000.00), the Commission shall assess

and collect a surcharge for that calendar quarter in an amount

sufficient to keep the balance at Fifty Million Dollars

($50,000,000.00), except as otherwise provided in this section.

The surcharge shall be charged to each employer in proportion to

the employer’s total tax liability as of the last completed quarter

for the current calendar year and shall not exceed thirty-three and

one-third percent (33 1/3%) per taxable year.

In a state of emergency declared by the Governor, the Oklahoma

Legislature, the United States President or the U.S. Congress, the

Commission shall have the following authority:

1. If a state of emergency directly and adversely impacts the

fund and if the estimate for any quarter in a declared state of

emergency shows a balance at any time during the quarter of less

than Fifty Million Dollars ($50,000,000.00), the Commission shall

have authority to:

a. claim up to twenty-five percent (25%) of the federal

emergency relief funds made available to the state, if

any,

b. decrease the surcharge to be charged to each employer

to a percentage rate that is sufficient to bring the

balance of the fund to Fifty Million Dollars

($50,000,000.00),

c. borrow federal funds in amounts determined necessary

by the Commission,

d. allow the balance of the fund to remain less than

Fifty Million Dollars ($50,000,000.00) but not less

than Ten Million Dollars ($10,000,000.00), or

e. use any combination of the provisions of subparagraph

a, b, c or d of this subsection to supplement the

fund; and

2. When a state of emergency does not directly impact the fund,

the Commission shall adhere to the required duty to assess and

collect a surcharge for that calendar quarter in an amount

sufficient to keep the fund balance at Fifty Million Dollars

($50,000,000.00).