Title 34, Chapter 8, Section 85
( 34-8-85)
Moneys shall be requisitioned from this state's account in the Unemployment Trust Fund solely for the payment of regular benefits and extended benefits and for refunds pursuant to Code Section 34-8-164 and in accordance with regulations prescribed by the Commissioner, except that moneys credited to this state's account pursuant to Section 903 of the federal Social Security Act, as amended, may be requisitioned and used exclusively as provided in paragraphs (1) through (5) of this Code section: (1) Funds for payment of future benefits. The Commissioner shall from time to time requisition from the Unemployment Trust Fund amounts, not exceeding the amount standing in this state's account therein, as deemed necessary by the Commissioner for the payment of benefits for a reasonable future period. Upon receipt thereof, the Commissioner shall deposit the funds in the benefit account. The benefit account shall be used solely for the payment of regular benefits and extended benefits or refunds upon requisition of the Commissioner as authorized in this Code section. Withdrawal of such funds in the benefit account shall not be subject to any provisions of law requiring specific appropriations or other formal releases of state officers of moneys in their custody. The Commissioner's requisitions for lump sum withdrawals for the payment of individual benefit claims shall not exceed the balance of funds in the Unemployment Trust Fund; and such requisition shall be in an amount estimated to be necessary for benefit payments for such reasonable future period as the Commissioner may by regulation prescribe. Such lump sum amounts, when received by the Commissioner, shall be immediately deposited in the benefit account maintained in the name of the Commissioner in such bank or public depository and under such conditions as the Commissioner determines necessary; provided, however, that such bank or public depository shall be one in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund; provided, further, that such moneys shall be secured by the depository bank to the same extent and in the same manner as required by the general laws of this state governing depositories of state funds and that collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral or bonds pledged or given to secure other funds of the state. The Commissioner or a duly authorized representative of the Commissioner shall be authorized to draw and issue checks on the benefit account for the payment of individual benefit claims. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for and may be utilized for the payment of benefits during succeeding periods or, in the discretion of the Commissioner, shall be redeposited with the secretary of the treasury of the United States to the credit of this state's account in the Unemployment Trust Fund as provided in Code Section 34-8-84; (2) Appropriation of administration expenses. Moneys credited to
the account of this state in the Unemployment Trust Fund by the
secretary of the treasury of the United States pursuant to Section
903 of the federal Social Security Act, as amended, may be
requisitioned and used in the payment of expenses incurred for the
administration of this chapter pursuant to a specific
appropriation by the General Assembly, provided that the expenses
are incurred and the moneys are requisitioned after the enactment
of an appropriations Act which: (A) Specifies the purposes for which such moneys are
appropriated and the amount appropriated therefor; and (B) Limits the period within which such moneys may be expended
to a period ending not more than two years after the date of the
enactment of the appropriations Act; (3) Limitation on withdrawals and use of funds. Moneys credited
to the account of this state pursuant to Section 903 of the
federal Social Security Act, as amended, may not be withdrawn or
used except for the payment of benefits or for the payment of
expenses for the administration of this chapter and of public
employment offices pursuant to this Code section; (4) Records of appropriated funds. Moneys appropriated for the
payment of expenses of administration pursuant to this Code
section shall be requisitioned as needed for the payment of
obligations incurred under such appropriation and, upon
requisition, shall be deposited in the Employment Security
Administration Fund, but, until expended, shall remain a part of
the Unemployment Trust Fund. The Commissioner shall maintain a
separate record of the deposit, obligation, expenditure, and
return of funds so deposited. If any moneys so deposited are, for
any reason, not to be expended for the purposes for which they
were appropriated, such moneys shall be returned promptly to the
secretary of the treasury of the United States for credit to this
state's account in the Unemployment Trust Fund; and (5) Appropriations to Department of Labor. There is authorized to
be appropriated by the General Assembly to the Department of Labor
any part of or all moneys credited to the account of this state in
the Unemployment Trust Fund by the secretary of the treasury of
the United States pursuant to Section 903 of the federal Social
Security Act, as amended, and as provided in this Code section;
provided, however, that notwithstanding any other provisions of
this Code section to the contrary, moneys credited with respect to
federal fiscal years 1999, 2000, and 2001 shall be used solely for
the administration of the unemployment insurance program in
Georgia and are not subject to appropriations by the General
Assembly. |