Compensation Subject to Premium

[Kayenta1005]

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

[PayrolGuy]

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.

[budwad]

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.

[hr for me]

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!

[PayrolGuy]

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

My Bad.

[jelereinew]

Yes unless there is something very unusual about your policy.

Can you elaborate please?

[PayrolGuy]

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