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Non-profit organizations that have chosen to be reimbursable employers and do not possess title to real property and improvements valued at more than $2 million is required to meet bonding requirements before being approved as a reimbursable employer. They must meet one of the following actions:
The amount of the surety bond, money deposit securities, or other security will be computed on the total wages paid by a non-profit organization or group of organizations multiplied by the tax rate assigned to tax class 20.
Total wages paid is defined as the wages paid for the four completed calendar quarters immediately preceding the following most recent and applicable date.
If the non-profit organization did not pay wages in each of the four calendar quarters, DEW will determine the amount of the surety bond, cash deposit, securities, or other security required.
Bonds deposited must be in force no less than two calendar years and will be renewed with DEW’s approval at the appropriate time. Renewals will occur every two years as long as the non-profit continues to make its required payments.
DEW can require adjustments in a previously filed bond. If the bond is to be increased, the organization must file an adjusted bond within 30 days of the date the required adjustment notice was mailed. Failure by any bond-covered organization to pay the full payments when due will render the surety liable on the bond.
DEW will keep any money deposit in an escrow account until the organization terminates its status as a reimbursable employer. At that time, DEW will return the money to the organization, less any required deductions.
The department can deduct funds to satisfy any unpaid payments as well as applicable interest and penalties described in South Carolina law. DEW will require the organization within 15 days following any deduction to deposit enough money to return the organization’s funding to its prior level.
The department can, at any time, review the deposit’s adequacy. If it determines an adjustment is necessary, DEW will require the organization to deposit additional funds within 15 days of written notice or return to the organization a portion of the deposit it no longer considers necessary.
If any non-profit organization fails to file a bond or make a deposit or fails to file an increased amount or make a previously made deposit whole, DEW can terminate the organization’s election to become a reimbursable employer. This termination will continue for no less than two calendar years beginning with the quarter in which such termination becomes effective.