102 STAT. 3768	PUBLIC LAW 100-647—NOV. 10, 1988
determine pooled charges, pooled credits and unallocated
charge balances for the system. Whenever a new employer
begins paying compensation with respect to which contribu-
tions are payable pursuant to this subsection, the Board
shall establish and maintain an individual employer record
for such employer.
"(B) definition.—As used in this paragraph, the term
'individual employer record' means a record of an individ-
ual employer's benefit ratio, reserve ratio, 1-year compensa-
tion base, 3-year compensation base, unallocated charge,
reserve balance, net cumulative contribution balance, and
cumulative benefit balance.
"(18) joint employee records.—Pursuant to regulations pre-
scribed by the Board, the Board may allow 2 or more employers,
upon application, to establish and maintain, or to discontinue, a
joint individual employer record for such employers as though
such joint record constituted a single employer's individual
employer record.
"(19) mergers, consolidations, or other changes in
EMPLOYER IDENTITY.—
"(A) with other employees.—In the event of a merger,
consolidation, unification, or reorganization in which an
employer combines with another employer and the com-
bination entails no partitioning of the property of the
employer, the individual employer records of the 2 employ-
ers shall be combined into a joint individual employer
record if the parties request such joint treatment pursuant
to paragraph (18) or if the Board otherwise determines,
pursuant to regulations prescribed by the Board, that such
joint treatment is desirable.
"(B) with nonemployers.—In the event of a merger,
consolidation, unification, or reorganization in which an
employer combines with another entity that is not an
employer, the employer's individual employer record shall
attach to the combined entity.
"(C) sale of assets.—In the event property of an
employer is sold or transferred to another employer or other
entity, or is partitioned among 2 or more employers or
entities, the cumulative benefit balance, net cumulative
contribution balance, 1-year compensation base, and 3-year
compensation base of the employer shall be prorated among
the employers which receive the property, including any
entities which become employers by virtue of such transfer
or partition, in such equitable manner as the Board by
"(D) REmcx>RPORATiON.—The cumulative benefit balance,
net cumulative contribution balance, 1-year compensation
base, and 3-year compensation base of an employer that
reincorpprates or otherwise alters its corporate identity in a
transaction not involving a merger, consolidation, or unifi-
cation shall attach to the reincorporated or altered entity.
"(E) abandonment.—If an employer abandons property
or discontinues service but continues to operate as an
employer, the employer's individual employer record shall
continue to be calculated as provided in this subsection
without retroactive adjustment.