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 15606.1 - Waiver of Assessments for Insured Employers
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An insurer may submit an assessment waiver application to request that the Director ascertain the insurer's expected total premium for the coming policy year to be $0.00, rather than as determined by the Department of Insurance's designated licensed rating organization.
(b) The application shall be submitted no later than October 1 of each year and must include all of the following:
(c) The decision to grant the assessment waiver is at the sole discretion of the Director. In making the decision, the Director may, but is not required to, consider whether there are sufficient funds available to grant the application without impairing the fiscal integrity of the programs funded by the respective assessment(s) and surcharge(s). The Director may, but is not required to, consider other factors.
(d) Not later than December 1 of each year, the Director shall notify each workers' compensation insurer that has been granted an assessment waiver that:
(e)
(f) When an insurer fails to provide the notice required in subsection (e), the Director may invoice the insurer for any advances against the Revolving Fund Assessment, Subsequent Injuries Fund Assessment, Labor Enforcement and Compliance Fund Assessment, Occupational Safety and Health Fund Assessment, and Uninsured Employers Fund Assessment amounts that have become due. The insurer shall pay the full amounts due within 10 days of receiving the invoice. The Director may extend the deadline to pay at his or her sole discretion.
(g) If, for any reason described in section 15606.1(e) or (f) of these regulations, an insurer who was granted an assessment waiver advances any funds to the Director, the Director shall hold such funds in a trust account and either credit the respective amounts to any deficiency in the current assessments, or, if there is no deficiency, to the subsequent year's respective assessments on insured employers.
Note: Authority cited: Sections 54, 55 and 62.5, Labor Code. Reference: Section 62.5, Labor Code.