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 3 - Collection of Assessments and/or Surcharges › Section 15606 - Collection of Advances Against Insured Employers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not later than December 1 of each year,
					 the Director shall notify each workers' compensation insurer, of the amounts
					 due from the insurer on behalf of its policyholders for, respectively, the
					 Revolving Fund Assessment, Subsequent Injuries Fund Assessment, Uninsured
					 Employers Fund Assessment, Labor Enforcement and Compliance Fund Assessment,
					 Occupational Safety and Health Fund Assessment, and the Fraud Surcharge levied
					 pursuant to the authority of Labor Code Sections
					 62.5 and
					 62.6 and these
					 regulations. The notice shall include a bill that sets forth separately the
					 total amounts of the assessments and the surcharge.
(b) The Insurer advances against the
					 Revolving Fund Assessment, Subsequent Injuries Fund Assessment, Labor
					 Enforcement and Compliance Fund Assessment, Occupational Safety and Health Fund
					 Assessment, Uninsured Employers Fund Assessment, and Fraud Surcharge amounts
					 shall be calculated by multiplying the insurer's California direct written
					 workers' compensation premium as reported in the most recent year's financial
					 statement on file with the Insurance Commissioner, multiplied by the ratio of
					 the expected total current year premium to the total direct written workers'
					 compensation premium of all insurers as reported in the latest year's annual
					 financial statements on file with the Insurance Commissioner by the respective
					 factors determined pursuant to subsection (a) of Section
					 15603 of these
					 regulations.
(c) Where the amount
					 of the assessments or surcharge owed is less than $5.00 the Director may elect
					 not to bill the insurer therefor.
(d) Each insurer shall pay to the Director
					 one half of the amounts billed under subsection (a) on behalf of its insured
					 employers on or before the following January 1. Each insurer shall pay the
					 balance of the assessments and surcharge to the Director on the following April
					 1.
(e) Upon agreement of the
					 affected insurers, the Director may elect to consolidate in one billing the
					 assessments and surcharge of all insured employers that are insured by insurers
					 under the same management, direction and control.
(f) In the event the Director collects
					 advances from insurers in excess of the total assessments and surcharge due
					 from insured employers in the (1) Revolving Fund Assessment; (2) Subsequent
					 Injuries Fund Assessment; (3) Labor Enforcement and Compliance Fund Assessment;
					 (4) Occupational Safety and Health Fund Assessment; (5) Uninsured Employers
					 Fund Assessment; and/or (6) Fraud Surcharge, the excess funds shall be held by
					 the Director in a trust account and credited to the subsequent year's total
					 respective assessments and surcharge on insured employers.
(g) Commencing with the assessment payment
					 due April 1, 1993, the insurer shall submit a summary report on a form provided
					 by the Director, which includes the following information:
(1) the total amount of assessments and
					 surcharges billed insured employers by the insurer;
(2) the respective factors used by the
					 insurer in assessing and surcharging insured employers.