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Communications / Technical Issues / Technical Issue

2010 Assessment Rates: User Funding, Uninsured Employers, Subsequent Injuries, Occupational Safety & Health, Labor Enforcement & Compliance, and WC Anti-Fraud Funds

Date: 11/20/2009

The Department of Industrial Relations (DIR) has calculated 2010 assessments and surcharges for user funding (Workers’ Compensation Administration Revolving Fund), the Uninsured Employers Benefits Trust (UEBT) Fund, the Subsequent Injuries Benefits Trust (SIBT) Fund, the Occupational Safety and Health Fund, the Workers’ Compensation Fraud Account, and a new Labor Enforcement & Compliance Fund which, under the 2009 Budget Act signed in July, will now cover the costs of the Division of Standards and Labor Enforcement (DLSE) which until now have been paid out of the state’s General Fund.

Insurers must apply the following rates against insureds’ estimated annual assessable premium for policies incepting January 1, 2010 through December 31, 2010:

 2010  WC Administration Revolving Fund Assessment/User Funding:  0.015166
 2010  Uninsured Employers Benefit Trust Fund Assessment:  0.001849
 2010  Subsequent Injuries Benefits Trust Fund Assessment:   0.001050
 2010  Occupational Safety & Health Fund:  0.003064
 2010  Labor Enforcement & Compliance Fund:  0.001924
 2010  WC Fraud Account Assessment:  0.003986

Assessable premium is the premium an insured is charged after all rating adjustments (experience rating, schedule rating, premium discounts, expense constants, retrospective rating, etc.) except adjustments resulting from the application of deductible plans or the return of policyholder dividends. Insurers must advance the money to the state on behalf of policyholders, then recoup the funds via policy surcharges and assessments. The 1st installment is due to the state on or before January 1, 2010; the balance is due on or before April 1, 2010.

To cover their portion of the 2010 assessments, self-insured employers should apply the following rates against the total amount of WC indemnity paid and reported on their Self-Insurer’s Annual Report.

 2010  WC Administration Revolving Fund Assessment:  0.027736
 2010  Uninsured Employers Benefit Trust Fund Assessment:  0.002345
 2010  Subsequent Injuries Benefits Trust Fund Assessment:  0.001414
 2010  Occupational Safety & Health Fund:  0.009488
 2010  Labor Enforcement & Compliance Fund  0.005946
 2010  WC Fraud Account Assessment:  0.006057

More details will be included in a memo which DIR is mailing next week to workers’ comp insurers and self-insured employers along with invoices for each company’s share of the assessments and surcharges. Any questions about the 2010 surcharges and assessments should go to DIR Staff Services Manager Amadeo Urbano at (510) 286-7083 or DWC analyst Naomi Carter at (510) 286-7087.

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