A provision of subsection (c)(2) of section 3302 of FUTA provides
that, for a State that qualifies, the additional tax credit reduction
applicable under subparagraph (C), beginning in the fifth consecutive
year of a balance of outstanding advances, shall be waived and the
additional tax credit reduction applicable under subparagraph (B) shall
be substituted. The waiver and substitution are granted if the UIS
Director determines that the State has taken no action, effective during
the 12-month period ending on September 30 of the year for which the
waiver and substitution are requested, which has resulted or will result
in a net decrease in the solvency of the State unemployment compensation
system as determined for the purposes of Secs. 606.20(a)(2) and
606.21(b).