Current through Register Vol. 35, No. 18, September 24, 2024
A. Instructions
for the preparation and handling of employer reports and monthly remittances by
the local administrative units shall be outlined in detail once each year and
electronically transmitted to each local administrative unit by the
director.
B. Employer reports shall
encompass all local administrative unit employees including those employees
whom the local administrative unit has identified as excluded from coverage
except that an employer may omit student employees and resident
physicians.
C. Monthly
contributions from employees and local administrative units shall be
electronically transmitted no later than the 15th
day of the month following the month for which contributions are withheld.
(1) Employer reports and contributions shall
be electronically transmitted or postmarked no later than the
15th of the following month. The director may enter
into an agreement with a local administrative unit for an extension of this
deadline for the employer report. No such extension is available for submission
of the contributions.
(2) When the
15th of the month falls on a weekend or holiday, the
report and contributions are due on the next workday.
(3) Local administrative units shall be
assessed late charges for not submitting reports or contributions in accordance
with the above schedule. A charge of fifty dollars ($50) per day shall be
assessed for untimely reports. Upon a written showing of good cause, the
director may waive charges to the local administrative unit for untimely
reports. No such waiver of charges is available for late contributions. The
charges for late contributions will be calculated at a rate equal to the state
treasurer's overnight investment program rate plus one percent. The rate will
be applied daily and cumulatively for the period of time from the
15th to the date of postmark. The late charge shall
be the greater amount calculated by applying the foregoing rate or ten dollars
($10). The director shall report any and all such assessments and waivers to
the board.
(4) A local
administrative unit shall be assessed a penalty for each report filed that
fails to correctly include or identify an individual as employed or to
mis-categorize an employee when submitting a work report reflecting payment of
wages as required pursuant to this rule. The penalty shall be payable to ERB
and shall be assessed for each report filed incorrectly as follows:
1st failure - five hundred dollars ($500),
2nd failure - one thousand dollars ($1,000),
3rd and each subsequent failure - one thousand five
hundred dollars ($1,500). Upon a written showing of good cause, the director
may waive the penalty for a first failure. Upon a written showing of good
cause, the Board may waive the penalty for a second and any subsequent
failure.
D. The director
shall prepare forms for all regular reports or make available other means for
such regular reports from the local administrative units as may be required in
the administration of the Educational Retirement Act.
