Sec. 1. 26 MRSA §1221, sub-§5, ķA, as amended by PL 1979, c. 651, §45, is further amended to read:

A. The Unless purchased free and clear of liens through bankruptcy, the executors, administrators, successors or assigns of any employer who acquire the business of such employer in toto shall acquire the experience of such employer with payrolls, contributions and benefits. Effective as of the date on which such business was acquired, the commissioner shall for purposes of rate determination transfer to the successor employer the payroll record and experience rating records of the predecessor employer.

SUMMARY

Under the current unemployment laws, the executor, administrator, successor or assign of an employer acquires the payroll record and experience rating records of that employer for purposes of determining the history of the employer's contributions to the Unemployment Compensation Fund.

This bill allows the acquisition of the payroll records and experience rating of an employer only if the business is not purchased free and clear of liens through bankruptcy.