{"data":{"id":"us-ok/okla.-stat.-tit.-40-40-3-114","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 40, § 40-3-114","heading":"Estimate of Financial Condition of Fund - Surcharge","body":"ESTIMATE OF FINANCIAL CONDITION OF FUND - SURCHARGE. Prior to\n\nthe beginning of each calendar quarter, the Oklahoma Employment\n\nSecurity Commission shall prepare an estimate of the financial\n\ncondition of the fund for the quarter. If the estimate for any\n\nquarter shows a balance at any time during the quarter of less than\n\nFifty Million Dollars ($50,000,000.00), the Commission shall assess\n\nand collect a surcharge for that calendar quarter in an amount\n\nsufficient to keep the balance at Fifty Million Dollars\n\n($50,000,000.00), except as otherwise provided in this section.\n\nThe surcharge shall be charged to each employer in proportion to\n\nthe employer’s total tax liability as of the last completed quarter\n\nfor the current calendar year and shall not exceed thirty-three and\n\none-third percent (33 1/3%) per taxable year.\n\nIn a state of emergency declared by the Governor, the Oklahoma\n\nLegislature, the United States President or the U.S. Congress, the\n\nCommission shall have the following authority:\n\n1. If a state of emergency directly and adversely impacts the\n\nfund and if the estimate for any quarter in a declared state of\n\nemergency shows a balance at any time during the quarter of less\n\nthan Fifty Million Dollars ($50,000,000.00), the Commission shall\n\nhave authority to:\n\na. claim up to twenty-five percent (25%) of the federal\n\nemergency relief funds made available to the state, if\n\nany,\n\nb. decrease the surcharge to be charged to each employer\n\nto a percentage rate that is sufficient to bring the\n\nbalance of the fund to Fifty Million Dollars\n\n($50,000,000.00),\n\nc. borrow federal funds in amounts determined necessary\n\nby the Commission,\n\nd. allow the balance of the fund to remain less than\n\nFifty Million Dollars ($50,000,000.00) but not less\n\nthan Ten Million Dollars ($10,000,000.00), or\n\ne. use any combination of the provisions of subparagraph\n\na, b, c or d of this subsection to supplement the\n\nfund; and\n\n2. When a state of emergency does not directly impact the fund,\n\nthe Commission shall adhere to the required duty to assess and\n\ncollect a surcharge for that calendar quarter in an amount\n\nsufficient to keep the fund balance at Fifty Million Dollars\n\n($50,000,000.00).","path":["OK Code","Title 40"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"61299e570eaa7343406d3249a75903cdd56bcb87ef923253075ab934b9b27dba","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-40-40-3-113","next":"us-ok/okla.-stat.-tit.-40-40-3-115"},"notice":"GroundRules: Original legal text. Not legal advice."}