Basic Manual—2001 Edition
Part One—Rules
(Exceptions: AZ)
Rule 2—Premium Basis and Payroll Allocation
(Additional Rules: TX)
Effective 01 Oct 2017 12:00:01B. Payroll
(Additional Rules: AZ, NM, OR) (Exceptions: FL)
For purposes of this manual, the terms “payroll” and “remuneration” mean
money or substitutes for money.
| |
|
a.
|
Wages or salaries (including retroactive wages or
salaries). Refer to NCCI’s User’s Guide for examples.
|
|
b.
|
Total pay received by an employee for commissions
and draws against commissions.
|
|
c.
|
Bonuses including stock bonus plans. Refer to Rule 2-D for payroll limitation rules.
|
|
d.
|
Extra pay for overtime work except as provided in Rule 2-C-2.
|
|
e.
|
Pay for holidays, vacations, or periods of sickness. Refer to Rule 2-G-3 for allocation of payroll for employees subject to
more than one classification code.
|
|
f.
|
Payment by an employer of amounts that would have
been withheld from employees to meet statutory obligations for insurance
or pension plans such as the Federal Social Security Act or Medicare.
|
|
g.
|
Payment to employees on any basis other than time
worked, such as piecework, profit sharing or incentive plans.
|
|
h.
|
(RESERVED FOR FUTURE USE.)
|
|
i.
|
The rental value of an apartment or house provided
to an employee based on comparable accommodations.
|
|
j.
|
The value of lodging, other than an apartment or house
received by an employee as part of their pay to the extent shown in
the employer’s records.
|
|
k.
|
The value of meals received by employees as part of
their pay to the extent shown in the employer’s records.
|
|
l.
|
The value of store certificates, merchandise, credits
or any other substitute for money received by employees as part of
their pay.
|
|
m.
|
Payments for salary reduction, employee savings plans,
retirement or cafeteria plans (IRC 125), health savings accounts,
and flexible spending accounts that are made through employee-authorized
salary reductions from the employee's gross pay. Refer to NCCI’s User’s Guide for an example.
|
|
n.
|
Davis-Bacon wages or wages from a similar prevailing
wage law. Refer to NCCI’s User’s Guide for an example.
|
|
o.
|
Annuity plans.
|
|
p.
|
Expense reimbursements to employees if the employer's
records do not confirm that the expense was incurred as a valid business
expense. Refer to Rule 2-B-2-h for contractual
allowable travel expenses.
Exception:
When it can be verified that the employee was away from home
overnight on the business of the employer, but the employer did not
maintain verifiable receipts for incurred expenses, a reasonable expense
allowance is permitted to be excluded. The allowance is limited to
a maximum of $75 per day. The remaining non-verifiable expenses are
included as payroll.
Refer to Rule 2-B-2-h for additional
information about exclusion of expense reimbursements.
|
|
q.
|
Payment for filming of commercials excluding subsequent
residuals that are earned by the commercial's participant(s) each
time the commercial appears in any type of media.
|
|
r.
|
Adjustments made by the employer to raise employees’
wages to federal, state, or local minimum wage, whichever is applicable.
|
|
| |
|
a.
|
Tips or other gratuities received by employees.
|
|
b.
|
Payments by an employer to group insurance or group
pension plans for employees, other than those covered by Rule 2-B-1-f
and Rule 2-B-1-m.
|
|
c.
|
Payments by an employer into third-party trusts for
the Davis-Bacon Act or a similar prevailing wage law provided the
pension trust is qualified under IRC Sections 401(a) and 501(a).
|
|
d.
|
The value of special rewards for individual invention
or discovery.
|
|
e.
|
Dismissal or severance payments except for time worked
or vacation accrued.
|
|
f.
|
Payments for active military duty.
|
|
g.
|
Employee discounts on goods purchased from the employee's
employer.
|
|
h.
|
Expense reimbursements to employees if the employer's
records confirm that the expense was incurred as a valid business
expense.
Reimbursed expenses and flat expense allowances paid to employees
may be excluded from the audit only if all three of the following
conditions are met:
| |
|
(1)
|
The expenses or allowances are incurred for the business of
the employer
|
|
(2)
|
The amount of each employee's expense or allowance is shown
separately in the records of the employer
|
|
(3)
|
The amount of the expense or allowance approximates the actual
expense incurred by the employee in the conduct of their work
Refer to NCCI’s User's Guide for an example.
|
|
| Note:
|
If an employer did not maintain verifiable receipts for
incurred expenses for an employee that was away from home overnight
on the business of an employer a maximum expense allowance is permitted
to be excluded. Refer to Rule 2-B-1-p Exception
for the maximum employee expense allowance.
Allowable travel expenses permitted by any contract with a federal,
state, or local government entity, including, but not limited to,
a city, borough, or village, are excluded from payroll. In lieu of
verifiable receipts for incurred expenses, the employer must produce
a copy of the contract provision permitting the travel expenses at
audit. The allowable travel expenses must be in addition to the current
wage of the employee.
|
|
|
i.
|
Meal money for late work.
|
|
j.
|
Work uniform allowances.
|
|
k.
|
Sick pay paid to an employee by a third party such
as an employer’s group insurance carrier that is paying disability
income benefits to a disabled employee.
|
|
l.
|
Employer-provided perks such as:
| |
| •
|
Use of company-provided automobiles
|
| •
|
Airplane flights
|
| •
|
Incentive vacations (e.g., contest winners)
|
| •
|
Discounts on property or services
|
| •
|
Club memberships
|
| •
|
Tickets to entertainment events
|
| •
|
Educational assistance
|
| •
|
Relocation and moving expenses
|
|
|
|
m.
|
Employer contributions to employee benefit plans such
as:
| |
| •
|
Employee savings plans
|
| •
|
Retirement plans
|
| •
|
Cafeteria plans (IRC 125)
|
| •
|
Health savings accounts
|
| •
|
Flexible spending accounts
|
|
These include contributions made by the employer, at the employer's
expense, which are determined by the amount contributed by the employee.
|
|
NOTICE: Although the formatting of this
online manual, including any state exceptions, may differ from the
hard copy, the content is identical.
©
Copyright 2001–2020
National Council on Compensation Insurance, Inc. All Rights Reserved.