1. If an employer with a positive experience rate account balance is not eligible for a rate calculation after once becoming eligible because the employer did not have twelve consecutive calendar months immediately preceding the calculation date throughout which its account could have been charged with benefits, such employer's rate shall be no less than two and seven-tenths percent. 2. If an employer with a deficit experience rate account balance is not eligible for a rate calculation after once becoming eligible because the employer did not have twelve consecutive calendar months immediately preceding the calculation date throughout which its account could have been charged with benefits, such employer's rate shall be no less than five and four-tenths percent.
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