90. Where an employer that qualifies for retrospective adjustment of its assessment for an assessment year intends to make an agreement with the Commission in accordance with section 284.2 of the Act in connection with the application of personalized rates and the procedure for calculating such rates, the employer may, if it satisfies the following conditions, apply for an exemption from retrospective adjustment for that assessment year:(1) the employer was a party to such an agreement during at least 3 of the 4 years preceding the assessment year and the employer was not qualified for retrospective adjustment of its assessment during the 3 years preceding the assessment year;
(2) the product obtained by multiplying the insurable wages paid to the employer’s workers during the year prior to the year preceding the assessment year with respect to the unit in which the employer is classified for the prior year by that unit’s rate according to risk for the prior year, is less than twice the qualifying threshold determined in accordance with section 93 for the year prior to the year preceding the assessment year.
That employer will not qualify for retrospective adjustment of its assessment for that assessment year if the employer is a party to such an agreement throughout the assessment year.
Decision 2010-11-18, s. 90; Decision 2011-12-15, s. 1.