Section 3350E - Industry assessment rate(a) For purpose of this section: (1) "Industry assessment rate level" means the level on the ranked list that corresponds to all NAICS Codes with the same percent of benefit charges, as calculated in this section (c).(2) "Industry rate calculation period" means the 3 calendar years ending on December 31 of the second year prior to the assessment rate year.(3) "NAICS Code" means the first two digits of the industry classification code assigned to each employer by the Department in accordance with established classification practices found in the most current North American Industry Classification System (NAICS) Manual prepared by the United States Office of Management and Budget.(b) Annual assignment of industry assessment rates to rated and new employers. (1) When an employer first becomes liable under this chapter, the Department shall assign each employer a NAICS Code, in accordance with established classification practices found in the most current North American Industry Classification System (NAICS) Manual prepared by the United States Office of Management and Budget.(2) The Department shall determine in its discretion which NAICS Code to assign to each rated and new employer. That assignment shall be reviewable only for abuse of discretion.(3) Each assessment rate year, no later than December 31, the Department will assign each rated and new employer with any industry assessment rate in effect for the next assessment rate year for its assigned NAICS Code, calculated pursuant to subsection (c) of this section.(c) Setting of industry assessment rate assignment table every 3 years.(1) Beginning in 2026 and every third year thereafter, no later than December 31, the Department shall calculate the amount of the industry assessment rate to be in effect for each NAICS Code for the following assessment rate year and the next two successive assessment rate years in the following manner:a. For each NAICS Code that has rated employers assigned to it, the Department shall calculate the aggregate amount of benefit charges for all rated employers assigned that NAICS Code during the industry rate calculation period.b. The Department shall then divide the aggregate amount of benefit charges for all rated employers assigned each NAICS Code during the industry rate calculation period by the aggregate taxable wages for all rated employers during the industry rate calculation period to determine the "percentage of benefit charges" for each NAICS Code. The percentage of benefit charges shall be carried out to the sixth decimal place.c. The Department shall then create a ranked list of the NAICS Codes that have rated employers assigned to them. The ranked list shall start with the NAICS Code with the highest percentage of benefit charges and progress through the NAICS Code with the lowest percentage of benefit charges.(2) All NAICS Codes that have the same percent of benefit charges shall be in the same industry assessment rate level.(3) Each industry assessment rate level will have at least one NAICS Code assigned to it.(4) The industry assessment rate levels that have the 5 highest percentage of benefit charges in the ranking shall be assigned an industry assessment rate as follows: a. The industry assessment rate for the NAICS Code(s) with the highest percent of benefit charges ("Industry Assessment Rate Level 5") will be 0.75%.b. The industry assessment rate for the NAICS Code(s) with the second highest percent of benefit charges ("Industry Assessment Rate Level 4") will be 0.60%.c. The industry assessment rate for the NAICS Code(s) with the third highest percent of benefit charges ("Industry Assessment Rate Level 3") will be 0.50%.d. The industry assessment rate for the NAICS Code(s) with the fourth highest percent of benefit charges ("Industry Assessment Rate Level 2") will be 0.30%.e. The industry assessment rate for the NAICS Code(s) with the fifth highest percent of benefit charges ("Industry Assessment Rate Level 1") will be 0.20%.(5) All employers with NAICS Codes in the same industry assessment rate level shall be assigned the same industry assessment rate.(6) NAICS Codes that are ranked lower than the 5 highest percentage benefit charges in the ranking shall be assigned an industry assessment rate of 0.00%.Added by Laws 2023, ch. 365,s 16, eff. 8/15/2024.