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  1. #1
    Join Date
    Aug 2017
    Posts
    9

    Default Compensation Subject to Premium

    My question involves workers compensation law for the state of: Are employer's contributions to 401k safe harbor plan subject to Wk Comp premium?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Compensation Subject to Premium

    Quote Quoting Kayenta1005
    View Post
    My question involves workers compensation law for the state of: Are employer's contributions to 401k safe harbor plan subject to Wk Comp premium?

    Yes unless there is something very unusual about your policy.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,501

    Default Re: Compensation Subject to Premium

    Quote Quoting PayrolGuy
    View Post
    Yes unless there is something very unusual about your policy.
    Not my area of expertise but I think you may be incorrect.

    Exclusions from payroll:•Payments by an employer: (1) to group insurance or pension plans and (2) into third-party pension trusts for the Davis-Bacon Actor or similar wage law (pension trust must be qualified under IRC Sections 401(a) and 501(a)
    https://www.ncrb.org/digitallibrary/...sic_Manual.pdf

    See page 25 of the pdf.

    The link is from NC but it is the same in all the states I found. I used this link because it is a non-commercial site.

    You can find the same information here.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,146

    Default Re: Compensation Subject to Premium

    Payrolguy -- I do think you might be incorrect on this one.

    I've never heard of employER contributions to a 401k being counted under WC wages. Employee deferrals which are a part of the employee's gross pay? Yes, but not the EMPLOYER contributions. At least not in Texas or NC. It is possible there is a state out there that counts benefit costs, but it's not common. Please let us know which state counts this if you have knowledge of it since i am always trying to learn!

    eta: but in the end, OP should ask their workers compensation broker to be sure since they didn't provide their state -- and WC is very state specific!

  5. #5
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Compensation Subject to Premium

    Sorry, I misread the OP's post. I read it as employEE's contribution, not as employER's.

    My Bad.

  6. #6
    Join Date
    Oct 2019
    Posts
    1

    Default Re: Compensation Subject to Premium

    Quote Quoting PayrolGuy
    View Post
    Yes unless there is something very unusual about your policy.
    Can you elaborate please?

  7. #7
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Compensation Subject to Premium

    As I mentioned above. I misread the OP's original question.

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