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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, Fraud Surcharge and Cal-OSHA Targeted Inspection Assessment

Article 1. Definitions

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§15600. Definitions.

(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, retrospective rating, etc.) except for adjustments resulting from the application of deductible plans 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) Labor Enforcement and Compliance Fund. The Labor Enforcement and Compliance Fund established pursuant to the provisions of Labor Code section 62.5.

(k) 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.

(l) Occupational Safety and Health Fund. The Occupational Safety and Health Fund established pursuant to the provisions of Labor Code section 62.5.

(m) 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.

(n) 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.

(o) Revolving Fund. The Workers' Compensation Administration Revolving Fund established pursuant to the provisions of Labor Code section 62.5.

(p) Revolving Fund Assessment. The user fee assessment levied upon insured and self-insured employers to establish and maintain the Workers' Compensation Administration Revolving Fund.

(q) 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. For the limited purposes of the Targeted Inspection Assessment, the term “self-insured employer” shall not include the State of California or a public agency employer.

(r) Subsequent Injuries Fund. The Subsequent Injuries Benefits Trust Fund established pursuant to the provisions of Labor Code section 62.5.

(s) 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.

(t) Surcharge. Surcharge means the “State Fraud Investigation and Prosecution Surcharge” assessed under authority of Labor Code Section 62.6.

(u) Targeted Inspection Assessment. The user fee assessment levied upon self-insured employers to establish and maintain the Cal-OSHA Targeted Inspection and Consultation Fund established pursuant to the provisions of Labor Code section 62.7.

(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.

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.

HISTORY

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).

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