The commission must calculate the replenishment ratio each year and may not change it after it is computed.
Sec. 204.045. REPLENISHMENT RATIO. (a) The replenishment ratio for a calendar year is computed by: (1) dividing the numerator described in Subsection (b) by the denominator described in Subsection (c); and (2) rounding the result to the nearest hundredth. (b) The numerator is equal to the amount of benefits paid during the 12 months ending September 30 of the preceding year that are effectively charged to employers' accounts, plus one-half of the amount of benefits paid during that period that are not effectively charged to employers' accounts. In computing the amount of the benefits charged or paid, the commission shall not include the amount of: (1) a canceled benefit warrant; (2) that part of a benefit that has been overpaid and been repaid; (3) benefits paid that are repayable from a reimbursing employer, the federal government, or another governmental entity; or (4) benefits paid and not effectively charged to an employer's account as a result of an order or proclamation by the governor declaring at least 50 percent of the counties in this state to be in a state of disaster or emergency. (c) The denominator is the total amount of benefits paid during the 12 months ending September 30 of the preceding year that are effectively charged to employers' accounts. (d) The commission shall compute the replenishment ratio for each calendar year before the date the first contribution payment with respect to wages for employment paid in that year is due. Once computed for the year, the replenishment ratio may not be adjusted. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by: Acts 2021, 87th Leg., R.S., Ch. 7 (H.B. 7), Sec. 1, eff. May 13, 2021.