LAC 13:I.1119. Payroll Incentive Rebates

A. Except as otherwise provided herein an employer who has entered into a contract may receive a rebate that is calculated by multiplying the benefit rate times the annual gross payroll. B. Notwithstanding anything to the contrary in either Chapter 1 or Chapter 5 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended, the following rules shall apply with respect to the application of the rebate allowed. 1. The incentive rebate allowed an S corporation shall be paid to the S corporation entity and not the individual shareholders of the corporation. 2. The incentive rebate allowed a partnership, limited liability partnership (LLP), or limited liability company (LLC) shall be paid to the entity and shall not be paid to the individual partners or members of the entity. C. Notwithstanding any other provision of law to the contrary in Title 47 of the Louisiana Revised Status of 1950, as amended, the secretary of the LDR shall make the rebate. D. In order to receive the rebate provided for by the contract, an employer shall apply with the department. 1. The application shall be filed on the prescribed form designated by the department and shall contain the required information to determine if the applicant is qualified. 2. The application shall contain a sworn statement, by a duly authorized officer of the employer, listing the names of persons or other entities who have received or who will receive any payment or other consideration from the employer for the purpose of representing the employer in applying for or receiving the benefits of this program. E. In order to qualify to receive the rebate, the employer applying shall meet the requirements of §1101.B.1 and 2. F. The department shall determine if an applicant is qualified to receive rebates. G. The approved employer shall apply annually for rebates with the department in the prescribed format and provide the information as described in §1123. The employer may be audited by the department to verify eligibility. The rebates may continue as long as the employer complies with the approved contract and remains eligible. H. The benefit rate shall be determined annually based on information provided by the employer on the rebate claim reports made annually. I. The payroll rebates shall be paid annually after the employer submits the required annual report as specified in §1123 and the department determines the employer is eligible for the rebate for that fiscal year. The report shall be filed within 90 days following the end of the employer's fiscal year with the department.