California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.06 - Workers' Compensation-Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessments, Labor Enforcement and Compliance Fund Assessment, Occupational Safety and Health Fund Assessment, and Fraud Surcharge › Article 1 - Definitions › Section 15600 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Assessable
					 Premium. The premium to which the assessment and/or surcharge is to be applied
					 is the premium the insured is charged after all rating adjustments (experience
					 rating, schedule rating, premium discounts, expense constants, etc.) except for
					 adjustments resulting from the application of deductible plans, retrospective
					 rating, or the return of policyholder dividends.
(b) Assessment. Includes those assessments
					 levied upon insured and self-insured employers to establish and maintain the
					 Workers' Compensation Administration Revolving Fund, the Uninsured Employers
					 Benefits Trust Fund, the Labor Enforcement and Compliance Fund, the
					 Occupational Safety and Health Fund, and the Subsequent Injuries Benefits
					 Employers Trust Fund.
(c) Base
					 Year. For purposes of calculating the self-insured employer assessment factors,
					 that time period as provided by the Office of Self-Insurance Plans pursuant to
					 section 15602. For public self-insured
					 employers, the base year is a fiscal year basis. For private self-insured
					 employers, the base year is a calendar year basis.
(d) Director. The Director of the Department
					 of Industrial Relations.
(e)
					 Expected total current year premium. Total direct workers' compensation premium
					 of all insurers as reported to the Department of Insurance's designated
					 licensed rating organization for the period of January 1 through June 30 of the
					 year immediately preceding the assessment, and adjusted by the Department of
					 Insurance's designated licensed rating organization, to a full year
					 basis.
(f) Indemnity. The payments
					 made by a self-insured employer directly to injured employees or their
					 dependents as compensation pursuant to Labor Code divisions 4 and 4.5 including
					 vocational rehabilitation maintenance and salary continuation payments pursuant
					 to Labor Code sections
					 4800 and
					 4850. In
					 reporting periods beginning July 1, 2013, and later, for the purpose of
					 calculating self-insured employer assessments only, the indemnity amount
					 attributable to payments made pursuant to Labor Code sections
					 4800 and
					 4850 will be
					 calculated as if those payments had instead been made at the applicable
					 temporary disability rate.
(g)
					 Inception date. The inception date of a workers' compensation insurance policy
					 is the normal anniversary rating date of a workers' compensation insurance
					 policy as defined in the California Workers' Compensation Insurance Manual
					 published by the Workers' Compensation Insurance Rating Bureau.
(h) Insured employer. Any employer, including
					 any agency or division of the State of California, who secures workers'
					 compensation insurance coverage under provisions of subdivision (a) of Labor
					 Code section
					 3700.
(i) Insurer. Any person, including the State
					 Compensation Insurance Fund, authorized to transact workers' compensation
					 insurance in California.
(j)
					 Insurance group. A group of insurers under the same management, direction, and
					 control.
(k) Labor Enforcement and
					 Compliance Fund. The Labor Enforcement and Compliance Fund established pursuant
					 to the provisions of Labor Code section
					 62.5.
(l) Labor Enforcement and Compliance Fund
					 Assessment. The user fee assessment levied upon insured and self-insured
					 employers to establish and maintain the Labor Enforcement and Compliance
					 Fund.
(m) Occupational Safety and
					 Health Fund. The Occupational Safety and Health Fund established pursuant to
					 the provisions of Labor Code section
					 62.5.
(n) Occupational Safety and Health Fund
					 Assessment. The user fee assessment levied upon insured and self-insured
					 employers to establish and maintain the Occupational Safety and Health
					 Fund.
(o) Payroll. Remuneration
					 subject to workers' compensation insurance premium for insured employers and
					 that remuneration to employees of a self-insured employer which would be
					 subject to premium charges if the employer were an insured employer.
(p) Revolving Fund. The Workers' Compensation
					 Administration Revolving Fund established pursuant to the provisions of Labor
					 Code section
					 62.5.
(q) Revolving Fund Assessment. The user fee
					 assessment levied upon insured and self-insured employers to establish and
					 maintain the Workers' Compensation Administration Revolving Fund.
(r) Self-insured employer. Any employer who
					 is authorized by the Director to self-insure its workers' compensation
					 liability under subdivisions (b) or (c) of Labor Code section
					 3700. A
					 self-insured employer shall include the State of California.
(s) Subsequent Injuries Fund. The Subsequent
					 Injuries Benefits Trust Fund established pursuant to the provisions of Labor
					 Code section
					 62.5.
(t) Subsequent Injuries Fund Assessment. The
					 user fee assessment levied upon insured and self-insured employers to establish
					 and maintain the Subsequent Injuries Benefits Trust Fund.
(u) Surcharge. Surcharge means the "State
					 Fraud Investigation and Prosecution Surcharge" assessed under authority of
					 Labor Code Section
					 62.6.
(v) Uninsured Employers Fund. The Uninsured
					 Employers Benefits Trust Fund established pursuant to the provisions of Labor
					 Code section
					 62.5.
(w) Uninsured Employers Fund Assessment. The
					 user fee assessment levied upon insured and self-insured employers to establish
					 and maintain the Uninsured Employers Benefits Trust Fund.
1. New
						section filed 4-18-90 as an emergency; operative 4-18-90 (Register 90, No. 18).
						A Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed by operation of law on
						8-16-90.
2. Certificate of Compliance as to 4-18-90 order including
						amendment adding subsections (c) and (k) and renumbering existing subsections
						transmitted to OAL 8-14-90 and filed 9-13-90 (Register 90, No.
						43).
3. Amendment of article heading, amendment of subsections (a),
						(b) and (g), new subsection (l), and amendment of NOTE filed 1-15-93 as an
						emergency; operative 1-15-93 (Register 93, No. 3). A Certificate of Compliance
						must be transmitted to OAL 5-17-93 or emergency language will be repealed by
						operation of law on the following day.
4. Certificate of Compliance
						as to 1-15-93 order including repealer of subsection (b), subsection
						relettering, and amendment of newly designated subsection (f) transmitted to
						OAL 5-10-93 and filed 6-16-93 (Register 93, No. 25).
5. Amendment of
						subchapter heading and subsection (b), new subsection (e) and subsection
						redesignation, amendment of subsections (f) and (l), new subsection (m) and
						amendment of NOTE filed 9-6-94 as an emergency; operative 9-6-94 (Register 94,
						No. 36). A Certificate of Compliance must be transmitted to OAL by 1-4-95 or
						emergency language will be repealed by operation of law on the following
						day.
6. Certificate of Compliance as to 9-6-94 order including
						amendment of subsection (a), new subsection (j), subsection relettering and
						amendment of subsection (k) transmitted to OAL 12-30-94 and filed 2-15-95
						(Register 95, No. 7).
7. Amendment of subsection (a), new subsection
						(d), repealer of subsection (n), subsection relettering and amendment of NOTE
						filed 11-14-95 as an emergency; operative 12-1-95 (Register 95, No. 46). A
						Certificate of Compliance must be transmitted to OAL by 3-30-96 or emergency
						language will be repealed by operation of law on the following
						day.
8. Certificate of Compliance as to 11-14-95 order transmitted
						to OAL 3-29-96 and filed 5-8-96 (Register 96, No. 19).
9. New
						subsection (a), repealer of subsection (m), and subsection relettering filed
						11-10-97; operative 11-10-97 pursuant to Government Code section
						11343.4(d)
						(Register 97, No. 46).
10. Change without regulatory effect amending
						subchapter heading and subsections (a) and (b), repealing subsections (k) and
						(l), relettering subsections and amending NOTE filed 12-15-99 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 99, No. 51).
11. Amendment of subchapter
						heading, amendment of subsections (a) and (b), new subsections (k) and (l),
						subsection relettering, and amendment of NOTE filed 1-14-2000 as an emergency;
						operative 1-14-2000 (Register 2000, No. 2). A Certificate of Compliance must be
						transmitted to OAL by 5-15-2000 or emergency language will be repealed by
						operation of law on the following day.
12. Certificate of Compliance
						as to 1-14-2000 order transmitted to OAL 5-9-2000 and filed 6-15-2000 (Register
						2000, No. 24).
13. Amendment of subchapter heading and subsections
						(b), (c) and (k), new subsections (n), (o) and (q)-(s) and subsection
						relettering filed 12-18-2003; operative 12-18-2003. Submitted to OAL for
						printing only (Register 2003, No. 51).
14. Amendment of subchapter
						heading and subsection (b), new subsections (j)-(k) and subsection relettering
						filed 11-12-2008; operative 11-12-2008. Submitted to OAL for printing only
						(Register 2008, No. 46).
15. Amendment of subchapter heading and
						subsection (b), new subsections (j)-(k) and subsection relettering filed
						11-19-2009; operative 11-19-2009. Submitted to OAL for printing only (Register
						2009, No. 47).
16. Amendment of subsection (f) and NOTE filed
						12-2-2013; operative 12-2-2013. Submitted to OAL for printing only pursuant to
						Labor Code section
						62.5(f)(5)
						(Register 2013, No. 49).
17. Amendment of subchapter heading and
						subsection (a), new subsection (j), repealer of subsection (u), subsection
						relettering and amendment of newly designated subsection (r) filed 10-21-2015;
						operative 10-21-2015. Submitted to OAL for filing and printing only pursuant to
						Labor Code section
						62.5(f)(5)
						(Register 2015, No. 43).
Note: Authority cited: Sections
						  54,
						  55 and
						  62.5, Labor
						  Code; and Section
						  1872.83,
						  Insurance Code. Reference: Sections
						  51,
						  62.5,
						  62.6,
						  3700,
						  3701,
						  4800 and
						  4850, Labor
						  Code; Section
						  1872.83,
						  Insurance Code.