Executive Order 21-102

Adjusting Computation Date for Employment Security Contribution Schedule

WHEREAS, on March 9, 2020, Executive Order 20-02 was issued for a declaration of a state of emergency due to the dangers to health and life posed by COVID-19 and that Order has been extended to remain in effect through at least October 30, 2021;

WHEREAS, on August 19, 2021, I issued Executive Order 21-86 declaring a disaster emergency for new COVID-19 variants and that Order has been extended through at least October 16, 2021;

WHEREAS, the COVID-19 crisis has resulted in the filing of unemployment insurance claims at a rate far surpassing any previous high and placed unprecedented strain on the employment security fund;

WHEREAS, the State's unemployment rate has only begun in the last few months to return to rates resembling pre-pandemic levels;

WHEREAS, the pandemic-related high and fluctuating unemployment rate during calendar year 2021 has added significant uncertainty in assessing the health of the employment security fund for calendar year 2022;

WHEREAS, employers in Rhode Island continue to face significant challenges as they recover from the effects of the pandemic;

WHEREAS, a premature calculation of the unemployment insurance tax schedule for calendar year 2022 would create significant financial burden for employers in Rhode Island;

WHEREAS, allowing more flexibility in setting the date for determining the tax schedule will allow for greater precision in evaluating the employment security fund for calendar year 2022; and

WHEREAS, after consultation with the Director of Rhode Island Department of Labor and Training, it is advisable to provide flexibility in designating the computation date for determining the tax schedule for employer contributions to the unemployment insurance system in calendar year 2022 by allowing additional time to build up the employment security fund in order to adequately address employers' ongoing economic challenges and the rapidly shifting utilization of the unemployment insurance system.

NOW, THEREFORE, I, DANIEL J. MCKEE, by virtue of the authority vested in me as Governor of the State of Rhode Island, pursuant to Article IX of the Rhode Island Constitution and the Rhode Island General Laws, including, but not limited to, Title 30, Chapter 15, do hereby order as follows:

  1. References to "computation date" contained in R.I. Gen. Laws § 28-43-8 as the term is defined in R.I. Gen. Laws§ 28-43-1(2) are hereby suspended and shall be replaced with a date no later than November 30, 2021 to be determined by the Director of Department of Labor and Training for the purpose of determining the experience rate for each eligible employer for calendar year 2022.

This Executive Order shall take effect immediately and remain in full force and effect through November 12, 2021 unless renewed, modified or terminated by a subsequent Executive Order.

So Ordered,

Daniel J. McKee