The award assessments create revenue which is deposited into the Subsequent
Injury Fund (SIF). The Fund pays claimant benefits as well as the
operating expenditures of the agency. The basis for the assessments
is all awards of compensation for any permanent condition, including permanent
partial. Note that the assessment is levied on all permanency
awards, not just those involving the SIF. The amounts of any settlement
agreements are also included in the assessment base. The current
assessment rate is 6.5% for the SIF. Each award is individually assessed with a Notice
of Assessment being sent to the appropriate employer/insurer.
Payment is expected to be made on assessments within 30 days from the
date of the notice. The increased use of third party administrators
sometimes results in notices not being sent to the proper location.
Employers/insurers are requested to forward the notices appropriately.
Delinquent notices are sent after 30 days as a reminder, and after 90 days
the unpaid account is sent to the State Central Collection Unit.
A collection fee of 17% is added to the amount due. Any discrepancy
in the amount due may be resolved by calling the telephone number provided
on the notice.
Permanent total awards, due to the fact that they are awarding payments
for life, result in an assessment being levied each year. The assessment
is made for the one year period starting each October 1st.
Thus, the assessment is for benefits that are expected to be paid during
the upcoming year. In the event of the death of a PT claimant or the
settlement of his claim, the
insurer is to notify the SIF and a refund will be calculated based upon
the benefits that were not paid. A similar situation operates in
a fatal total award in which payments are made to a minor. Upon the
minor's attainment of majority, this office should be notified.
Settlement agreements wherein an annuity contract is purchased for the
claimant are assessed based upon the cost of annuity plus any "up front
money", not the full pay out value. An inquiry to obtain this information
will precede the issuance of an assessment notice.
As noted above, each assessment is against one claim only. While
it is most helpful if the copy of the assessment notice is returned with
payment, we realize that many automated payment systems cannot easily accommodate
this. It is, however, vital that the claim number assigned by
the Workers' Compensation
Commission be provided for the assessment being paid. The
claim number may be on an attached remittance advice or on the check itself.
If one check is paying for several assessments, it is necessary to show
the claim numbers and amounts being paid for each.
Senate Bill 119
Senate Bill 119 requiring employers and insurers to notify the SIF of payment addresses was passed. More Info:
Subsequent Injury Fund Balance
Fund Balance Report