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- Alaska Statutes.
- Title 23. Labor and Workers' Compensation
- Chapter 20. Alaska Employment Security Act
- Section 247. Employer's Security For Delinquent Contributions.
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Section 245. Remedies Cumulative.
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Section 248. Injunctive Relief.
AS 23.20.247. Employer's Security For Delinquent Contributions.
- (a) If the department determines that an employer has been delinquent in paying contributions owed to the fund for two or
more calendar quarters, the department may require an employer to deposit and keep on deposit with the department a sum
equal to the contributions payable to the fund for the four completed calendar quarters immediately preceding the
delinquency. If the employer does not have four completed payroll quarters immediately before the delinquency, the
department shall estimate the employer's annual contributions, based on contributions payable for the completed payroll
quarters. In lieu of the deposit, the department may accept a bond or other security equal in value to the required
deposit. The deposit, bond, or other security accepted by the department does not relieve the employer from making
contributions to the fund or paying delinquent contributions, interest, and penalties as provided in this chapter.
After notice and opportunity for hearing related to the application of the security, the department may immediately
apply all or part of the deposit, bond, or other approved security to the employer's delinquent contributions,
interest, or penalties arising under this chapter.
- (b) Unless precluded by other law, the deposit, bond, or other security accepted by the department shall take priority
over all other liens, claims, or encumbrances and shall be exempt from any process, attachment, garnishment, or
execution.
- (c) If an employer ceases to be an employer subject to this chapter, the department shall, upon receipt of all payments
due the fund, refund to the employer the deposits remaining to the employer's credit and shall cancel any bond or other
security accepted by the department under this section. The department may return, in whole or part, the deposit, bond,
or other security accepted by the department under this section to the employer if the employer is current in paying
contributions under this section for eight consecutive quarters.
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