Assigned Risk Pool FAQs
- How do I obtain a Massachusetts WC Assigned Risk Pool application?
- Are rates the same for assigned risk policies and voluntary market policies?
- When will coverage be effective?
- When will a policy be issued?
- What is the current DIA assessment?
- Who are the current Pool carriers?
- What is the difference between a servicing carrier and a voluntary direct assignment carrier?
- How do I obtain a Certificate of Insurance?
- What changes to a legal entity necessitate the submission of a new application to the Pool (MWCARP)?
- How much is the MWCARP Producer Fee?
- If a MA employee is injured working in another state, what benefits will be paid?
- How do I become eligible to submit a MA WC Assigned Risk Pool application online? Once my account is created, where do I go to submit an online application?
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1. How do I obtain a Massachusetts WC Assigned Risk Pool application?
On January 1, 2013
WCRIBMA made it mandatory for all producers to use Secure Online Assigned Risk
(SOAR) when submitting a MA Workers’ Compensation Assigned Risk Pool (MWCARP)
application.
To submit an application through OAR (Online Assigned Risk), go to the WCRIBMA home page and click on the red SOAR or Secure Online Assigned Risk text links which will bring you to the SOAR login screen. You must be enrolled and have an agency account created to use the SOAR products. To create an agency account, click on the Secure Online Assigned Risk Enrollment Information text link on the WCRIBMA home page and follow the prompts.
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Pool FAQs
2. Are
rates the same for assigned risk policies and voluntary market policies?
Yes, approved manual rates are
applicable to assigned risk policies as well as voluntary market policies;
however, premium discount is not available to assigned risk policies.
To find Rates, from the home page, go to the Manuals - Rates - Rating Values tool then select Rates and Miscellaneous Rating Values from the drop down menu.
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Pool FAQs
3. When will coverage be effective?
In no event will coverage be
made effective at a time earlier than 12:01 A.M. the day following receipt
of the application. If the employer presently has insurance in effect, then the
effective date of the requested coverage should be the same as the
expiration date of the present policy.
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Pool FAQs
4. When will a
policy be issued?
For new business, the
designated carrier must issue the policy within thirty (30) calendar days
after receipt of the premium and properly completed application from the
WCRIBMA office.
For renewal business, the
designated carrier must issue the policy within thirty (30) days after
receipt of the required deposit premium.
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Pool FAQs
5. What is the current DIA assessment?
Refer to the
Table of DIA Assessments from the Department of Industrial Accidents
(DIA) Assessment Program Overview.
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Pool FAQs
6. Who are the current Pool carriers?
Refer to the Pool Carriers page for a list of current servicing and VDAC carriers.
For historical information,
refer to the
Servicing Carriers and
Voluntary Direct Assignment Carriers pages in the Residual Market section of our
website.
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7. What is the difference between a servicing carrier and a voluntary direct assignment carrier?
A
servicing carrier issues policies and provides services to assigned
employers in return for a servicing carrier fee paid by the Pool.
A
voluntary direct assignment carrier elects to issue policies and provide
service to assigned employers to satisfy its obligation to the Pool by
receiving direct assignments.
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8. How do I obtain
a Certificate of Insurance ?
Agents or producers are
representatives of the employer, not of the assigned carrier or the Pool,
and as such have no authority to issue certificates of insurance. Refer to
the Certificates of Insurance page for details on how to obtain a
certificate of insurance.
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9. What changes to a
legal entity necessitate the submission of a new application to the Pool
(MWCARP)?
All changes in name, ownership
or legal status must be immediately reported by the employer or their
representative to the designated carrier to ensure that appropriate coverage
remains in effect. All such policy change requests should be made by filing
a completed
ERM Form (Confidential Request for Information) with
the carrier and attaching a letter from the insured specifying the requested
change.
Not all requested changes will
be allowed. Oftentimes, the designated carrier will instruct the employer to
submit an application to the Pool (MWCARP) to obtain coverage. Briefly, a
change in the legal entity insured and the creation of a new entity or the
addition of another legal entity, will require the submission of an
application to the Pool (MWCARP). Generally, when there is no change in the
legal entity insured, the carrier can endorse the policy.
The following table outlines a
variety of the more frequent types of changes that may occur. The intent of
the table is to be a guideline. It does not attempt to cover all the
possible types of changes that an employer may undergo.
PRIOR NAME AND
LEGAL STATUS
|
NEW NAME
AND
LEGAL STATUS
|
NATURE OF CHANGE
|
ACTION REQUIRED
|
sole proprietor - John Smith DBA
Smith Electrical |
sole proprietor –
John Smith DBA Smith Electrical Specialists |
change to a DBA name
(no change of employer)
|
carrier can endorse the policy
|
sole proprietor –
John Smith DBA Smith Electrical and DBA Smith Electrical Specialists
|
addition of a DBA name
(no change of employer)
|
carrier can endorse the policy |
sole proprietor –
John Smith |
deletion of a DBA name
(no change of employer)
|
carrier can endorse the policy |
different sole proprietor –
William Smith
DBA Smith Electrical |
no change in legal status but change from one sole
proprietor to a different sole proprietor
(change of employer) |
new employer (sole proprietor) must reapply to the
MWCARP |
partnership –
John Smith &
Mary Smith DBA
Smith Electrical |
change in legal status from a sole proprietor to a partnership
(change of employer) |
new employer (partnership) must reapply to the
MWCARP |
corporation –
Smith Inc
DBA Smith Electrical |
change in legal status from a sole proprietor to a corporation
(change of employer) |
new employer (corporation) must reapply to the
MWCARP |
LLP (limited liability partnership) –
Smith Electrical LLP |
change in legal status from a sole proprietor to an LLP
(change of employer) |
new employer (LLP) must reapply to the MWCARP
|
LLC (limited liability company) –
Smith Electrical LLC |
change in legal status from a sole proprietor to an LLC
(change of employer) |
new employer (LLC) must reapply to the MWCARP
|
partnership -
John Smith & Mary Smith DBA Smith Electrical
|
partnership –
John Smith & Mary Smith DBA Smith Electrical Specialists
|
change to a DBA name
(no change of employer) |
carrier can endorse the policy |
partnership –
John Smith & Mary Smith DBA Smith Electrical and DBA Smith
Electrical Specialists |
addition of a DBA name
(no change of employer) |
carrier can endorse the policy |
partnership –
John Smith & Mary Smith |
deletion of a DBA name
(no change of employer) |
carrier can endorse the policy |
partnership –
John Smith &
William Smith
DBA Smith Electrical |
no change in legal status but change of one partner
within the partnership
(change of employer)
|
new employer (partnership) must reapply to the
MWCARP |
partnership –
John Smith, Mary Smith & William Smith
DBA Smith Electrical
|
no change in legal status but change from 2
partners to 3 partners
(change of employer)
|
new employer (partnership) must reapply to the
MWCARP |
sole proprietor –
John Smith
DBA Smith Electrical
|
change in legal status from a partnership to a sole proprietor
(change of employer) |
new employer (sole proprietor) must reapply to the
MWCARP |
corporation –
Smith Inc
DBA Smith Electrical |
change in legal status from a partnership to a corporation
(change of employer) |
new employer (corporation) must reapply to the
MWCARP |
LLP (limited liability partnership) –
Smith Electrical LLP |
change in legal status from a partnership to an LLP
(change of employer) |
new employer (LLP) must reapply to the MWCARP
|
LLC (limited liability company) –
Smith Electrical LLC
|
change in legal status from a partnership to an LLC
(change of employer) |
new employer (LLC) must reapply to the MWCARP
|
corporation –
Smith Inc DBA Smith Electrical
|
corporation –
Smith Inc DBA Smith Electrical Specialists |
change to a DBA name
(no change of employer) |
carrier can endorse the policy |
corporation –
Smith Inc
DBA Smith Electrical and DBA Smith Electrical Specialists |
addition of a DBA name
(no change of employer) |
carrier can endorse the policy |
corporation –
Smith Inc |
deletion of a DBA name
(no change of employer) |
carrier can endorse the policy |
corporation –
Smith Electrical Inc DBA Smith Electrical
|
change of corporate name
(no change of employer)
Requires filing an amendment to the corporation’s Articles of
Organization with Secretary of State’s office. |
carrier can endorse the policy |
corporation –
Smith Brothers Inc
DBA Smith Electrical
|
no change in legal status but change from one
corporation to a different corporation
(change of employer) |
new employer (corporation) must reapply to the
MWCARP |
sole proprietor –
John Smith
DBA Smith Electrical
|
change in legal status from a corporation to a sole proprietor
(change of employer) |
new employer (sole proprietor) must reapply to the
MWCARP |
partnership –
John Smith &
Mary Smith DBA
Smith Electrical |
change in legal status from a corporation to a partnership
(change of employer) |
new employer (partnership) must reapply to the
MWCARP |
LLP (limited liability partnership) –
Smith Electrical LLP |
change in legal status from a corporation to an LLP
(change of employer) |
new employer (LLP) must reapply to the MWCARP
|
LLC (limited liability company) –
Smith Electrical LLC |
change in legal status from a corporation to an LLC
(change of employer) |
new employer (LLC) must reapply to the MWCARP
|
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10. How much is the MWCARP Producer Fee?
For additional information on the Producer Fee or commission, refer to the
Producer Fee section on the Assigned Risk Pool Procedures - Existing
Policies page.
PRODUCER FEE SCHEDULE |
First $1,000 |
9% of
Standard Premium |
Next
$4,000 |
5% of
Standard Premium |
Next
$95,000 |
4% of
Standard Premium |
Over
$100,000 |
3% of
Standard Premium |
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Pool FAQs
11. If a MA employee is injured working in another state, what benefits will be paid?
A Massachusetts workers’ compensation policy with endorsement WC 20 03 06B will pay workers’ compensation benefits of another state to a
Massachusetts employee, only in the very limited situation when the Massachusetts employee is injured while working for the insured in another state and, as of
the date of injury, that employee’s work for the insured has primarily been conducted in Massachusetts. The endorsement does not affect the payment of MA benefits
under this policy.
Refer to
Special Bulletin #06-13 dated March 26, 2013 - Massachusetts Limited Other States Benefit Endorsement WC 20 03 06B.
If an employer hires any employees to work outside Massachusetts or begins work or operations in any state other than Massachusetts, the employer must obtain any
insurance coverage required by that state’s laws. The MA Limited Other States Benefit Endorsement states it does not satisfy the requirements of another state’s
workers’ compensation insurance law, it does not provide other states insurance coverage, and that benefits will not be paid to employees hired to work outside of
Massachusetts or to employees working in another state for whom the insured should have obtained separate workers’ compensation insurance.
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Pool FAQs
12. How do I become eligible to submit a
MA WC Assigned Risk Pool application online? Once my account is created,
where do I go to submit an online (OAR) application?
To create an agency account, click on the Secure Online Assigned Risk Enrollment Information text link on the WCRIBMA home page and follow the prompts.
Once the agency account and user name are created, you are ready to submit an application through OAR (Online Assigned Risk). Go to the home page and click on the red SOAR or Secure Online Assigned Risk text links which will bring you to
the SOAR login screen. Enter your user name and password and click on Sign in which brings you to the SOAR home page. To create an application click on the Online Assigned Risk link located on the blue menu bar, then select Create Application.
To check on the status of your current applications, click on the Online Assigned Risk link on the blue menu bar, then select My Applications.
For detailed information on using OAR, refer to the Pool Procedures - New Applications Submitted through OAR and the
User Guide for SOAR.
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Pool FAQs
Assigned Risk Application Calculator FAQs
-
The calculated Estimated Annual Premium plus DIA Assessment is over $25,000. Why won't the calculation allow a monthly deposit premium?
-
How is the Required Deposit Premium calculated? For example, on a Quarterly installment basis, the Required Deposit Premium is not exactly 50% of the Estimated Annual Premium plus DIA Assessment.
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1.
The calculated Estimated Annual Premium plus DIA Assessment is over $25,000. Why won't the calculation allow a monthly deposit premium?
To qualify for an installment basis, the Estimated Annual
Premium must be equal to or more than the premium threshold shown in the table below. The Estimated Annual Premium amount does not include the DIA Assessment charge.
The DIA Assessment charge is specifically not included because the DIA Assessment charge is not considered premium, it is a charge.
Estimated Annual Premium: |
Installment Basis: |
Under $5,000 |
Annual |
At least $5,000 |
Semi-Annual |
At least $10,000 |
Quarterly |
At least $25,000 |
Monthly |
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2.
How is the Required Deposit Premium calculated? For example, on a Quarterly installment basis, the Required Deposit Premium is not exactly 50% of the Estimated Annual Premium plus DIA Assessment.
To calculate the Required Deposit Premium:
Step 1: Subtract the Expense Constant and Insurance Charge (if applicable) from the Estimated Annual Premium plus DIA Assessment.
Step 2: Apply the appropriate installment factor to the amount calculated in Step 1. (The Monthly factor is .25, the Quarterly factor
.50 and the Semi-Annual factor .75)
Step 3: Add the full Expense Constant and Insurance Charge (if applicable) to the amount calculated in Step 2.
The Required Deposit Premium is calculated in this manner
because the carrier is entitled to 100% of the Expense
Constant and the Insurance Charge at the time of policy
issuance.
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WCRIBMA FAQs
Coverage FAQs
- Who has to provide workers' compensation insurance?
- Can the insurance company cancel a policy mid-term?
- Can an executive officer be excluded from workers' compensation insurance coverage?
- Can a sole proprietor, partner, or member of an LLC be covered by his/her workers' compensation insurance policy? What is the basis of premium?
- How are policies issued to cover employee leasing arrangements and PEO agreements in Massachusetts?
- How are Limited Liability Companies (LLC's) treated for workers' compensation coverage purposes?
- What type of coverage is provided by the Voluntary Compensation and Employers Liability Coverage Endorsement - WC 00 03 11 A? Who is covered under this endorsement?
- What are the standard limits of liability under Part Two - Employers Liability in Massachusetts?
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1. Who has to provide workers' compensation insurance?
Every Massachusetts employer is required to provide workers' compensation insurance coverage for their employees. Refer to M.G.L. Chapter 152, Section 25A.
An employer may be an individual, partnership, joint venture, corporation, limited liability company, association, or a fiduciary such as a trustee, receiver or executor, or other legal entity. Refer to M.G.L. Chapter 152, Section 1 (5) for a definition of employer.
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2. Can the insurance company cancel a policy mid-term?
Yes, the insurance company can cancel a policy mid-term for one of the following reasons only:
- non-payment of premium,
- fraud or material misrepresentation, or
- substantial increase in the hazard being insured.
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3. Can an executive officer be excluded from workers' compensation insurance coverage?
According to
M.G.L. c. 152, Section 1 (4) as amended by Chapter 169 of the Acts of
2002, workers' compensation coverage is elective for an
officer or director of a corporation who owns at least 25% of the issued and
outstanding stock of the corporation. For corporate officers to become exempt from coverage, a
Form 153 must be filed with and approved by the Department of Industrial
Accidents in accordance with
Regulation 452 CMR 8.06. A
copy of the filed and
approved Form 153 must be mailed by the employer to their insurance
carrier. Insurance carriers who
receive an approved Form 153 should endorse the policy with NCCI endorsement
WC000308 - Partners, Officers and Others Exclusion Endorsement.
Refer to
Circular Letter No. 1902 and Circular Letter No. 1906.
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4. Can a sole proprietor, partner, or member of an LLC be covered by his/her workers' compensation insurance policy? What is the basis of premium?
According to
M.G.L. c. 152, Section 1 (4) as amended by Chapter 169 of the Acts of
2002, sole proprietors, partners of a legal partnership, and members of an
LLC may elect to be treated as employees and obtain coverage for themselves
under a workers' compensation insurance policy. If a sole proprietor, partner, or member elects to be covered as an employee under a
workers' compensation policy, the
sole proprietor, partner, or member must submit a written request on
the employer's company letterhead signed by the sole proprietor, partner, or
member to the insurance carrier. The letter must specify the name and duties of each sole proprietor,
partner, or member who is electing to be covered under this policy. The
basis of premium for sole proprietors, partners
and members of an LLC who elect to become employees and obtain workers
compensation will be subject to change on October 1st each year.
Insurance carriers who receive these written requests for coverage
should endorse the policy with NCCI endorsement WC000310 - Sole Proprietors,
Partners, Officers and Others Coverage Endorsement.
Refer to
Circular Letter No. 1901,
Circular Letter No. 1902,
Circular Letter No. 1906,
Circular Letter No. 1942,
Circular Letter No. 2028 and Circular Letter No. 2062.
Additional references: Department of
Industrial Accidents
Regulation 452 CMR 8.07,
Rule IX in the MA Manual for payroll determination information, and the
Miscellaneous Values page in the MA Manual for the basis of premium.
EFFECTIVE DATE: |
BASIS OF PREMIUM:
|
10/01/2023 |
$65,400 |
10/01/2022 |
$64,300 |
10/01/2021 |
$61,700 |
10/01/2020 |
$54,200 |
10/01/2019 |
$52,100 |
10/01/2018 |
$50,400 |
10/01/2017 |
$48,700 |
10/01/2016 |
$47,000 |
10/01/2015 |
$45,700 |
10/01/2014 |
$44,200 |
10/01/2013 |
$43,000 |
10/01/2012 |
$42,700 |
10/01/2011 |
$41,300 |
10/01/2010 |
$39,600 |
10/01/2009 |
$39,800 |
10/01/2008 |
$39,800 |
10/01/2007 |
$38,000 |
08/01/2007 |
$36,400 |
10/01/2006 |
$52,000 |
10/01/2005 |
$49,800 |
10/01/2004 |
$47,800 |
10/01/2003 |
$46,000 |
10/23/2002 |
$45,900 |
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5. How are policies issued to cover employee leasing arrangements and PEO agreements in Massachusetts?
The employee leasing company or PEO must buy a separate policy for each client. The policy will be issued with the employee leasing company or PEO as the named insured. Coverage on the policy is restricted to employees leased to the client company, who is named on the Massachusetts Professional Employer Organization (PEO) / Employee Leasing Endorsement #WC200304.
In cases where the PEO Agreement allocates the responsibility to obtain workers’ compensation to the client, the client must obtain a policy with the Massachusetts Professional Employer Organization (PEO) Extension Endorsement, WC200308, which restricts coverage to employees leased from the PEO, who is named on the endorsement.
For more details on employee leasing arrangements, refer to the Program Overview - Employee Leasing Companies and Professional Employer Organizations.
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6. How are Limited Liability Companies (LLC's) treated for workers' compensation coverage purposes?
The Bureau's response to this question can be found in Circular Letter #1942 - Circular Letters from the Department of Industrial Accidents on Optional Coverage for Members of an LLC and Partners of an LLP dated February 2, 2004.
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7. What type of coverage is provided by the Voluntary Compensation and Employers Liability Coverage Endorsement - WC 00 03 11 A? Who is covered under the endorsement?
Refer to Circular Letter #2030 - Voluntary Compensation and Employers Liability Coverage Endorsement WC 00 03 11 A dated September 18, 2006.
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8. What are the standard limits of liability under Part Two - Employers Liability in Massachusetts?
The standard limits for Part Two – Employers Liability Insurance are:
Bodily Injury by Accident:
$100,000 - each accident
Bodily Injury by Disease: $100,000 - each employee
Bodily Injury by Disease: $500,000 - policy limit
Refer to the MA Manual, Rule VIII - Limits of Liability, for information on higher limits.
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COVID-19 FAQs
- A business continues to pay employees during a temporary layoff or an involuntary leave and these employees are not performing any work duties for an employer. Is this payroll included in the premium calculations for workers compensation?
- Who is considered a paid furloughed employee for MA worker’s compensation insurance purposes?
- Is there any documentation that the business is required to provide to the insurance company in order to allocate payroll to Code 0012, when a business is making payments to their paid furloughed workers?
- If an employer has temporarily transitioned to a new business operation due to the suspension of normal business activities caused by the COVID-19 pandemic; do these new operations qualify for the assignment of a secondary business classification?
- Due to business closures, some employees have been reassigned to work from home. What classifications could be assigned to these employees?
- If a Business was closed due to a Government shutdown can I prorate the Sole Proprietor, Partner, Member of an LLC basis of remuneration amount?
- If an employer increases pay to working employees as an incentive to work during COVID, should these wages be included in the premium calculation?
- Are the payments by an employer to an employee permitted under the Families First Coronavirus Response Act (FFCRA) for qualified paid sick leave and expanded family and medical leave eligible for assignment to Code 0012?
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1. A business continues to pay employees during a temporary layoff or an involuntary leave and these employees are not performing any work duties for an employer. Is this payroll included in the premium calculations for workers compensation?
Payments to paid furloughed employees who are performing absolutely no work for their employer and are not present on their employer’s premises during this period must be assigned to Code 0012. Payments to paid furloughed employees made in accordance with MA Manual Rule V-G-7 are excluded from the premium and experience rating calculations only if the employer keeps separate, accurate, and verifiable entries within the employer’s payroll records. If separate, accurate, and verifiable entries within the employer’s payroll records are not maintained, payroll is assigned to the classification for work normally performed by the employee prior to any emergency orders, laws, or regulations issued due to the COVID-19 (coronavirus) pandemic.
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2. Who is considered a paid furloughed employee for MA worker’s compensation insurance purposes?
Any employee who continues to receive payment during a temporary layoff or an involuntary leave and are not performing any work duties for an employer.
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3. Is there any documentation that the business is required to provide to the insurance company in order to allocate payroll to Code 0012, when a business is making payments to their paid furloughed workers?
An employer who is making payments to paid furloughed workers must provide to their workers’ compensation carrier, within 60 days of approval date (July 17, 2020) of this rule, a list of all paid furloughed employees, which shall also include the employee’s normal workers’ compensation classification, weekly wage, furloughed date, and anticipated date of return to work.
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4. If an employer has temporarily transitioned to a new business operation due to the suspension of normal business activities caused by the COVID-19 pandemic; do these new operations qualify for the assignment of a secondary business classification?
If an employer has temporally altered their business operations due to the suspension of their normal business activities, as a direct result of the COVID-19 pandemic, the new operations may qualify for a secondary classification. Refer to Rule IV-D.4 to determine if the new operations qualify to be rated separately while normal business operations are interrupted or suspended. Once normal business operations resume, appropriate classifications should be applied.
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5. Due to business closures, some employees have been reassigned to work from home. What classifications could be assigned to these employees?
If an employee has been designated to work from home, and the employee’s duties are now of a clerical nature, the employee’s payroll during the pandemic period can be allocated to Code 8810 – “Clerical Office” as long as the employer maintained separate payroll records for the wages earned for each employee whose occupation has changed as a result of the stay at home order. If these records were not maintained, then the employee’s payroll would be assigned to the classification representing their normal duties before the stay at home order. If the employer is assigned to a standard business classification that specifically includes Clerical Office Employees, Code 8810 would not be available, and employees who are reassigned to work from home would be included in the employer’s standard business classification. A single employee’s payroll may be divided between Classification 8810 and another classification only once during this time period. Once the employee’s duties
are no longer exclusively clerical in nature, Classification 8810 shall not be assigned.
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6. If a Business was closed due to a Government shutdown can I prorate the Sole Proprietor, Partner, Member of an LLC basis of remuneration amount?
Yes. If the business was closed as a result of a Government shutdown, the basis of remuneration for the sole prop, partner or member of an LLC can be prorated for the number of weeks that the business was open for business during the policy period. The auditor should document the files so that it is clear how they arrived at their adjustment.
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7. If an employer increases pay to working employees as an incentive to work during COVID, should these wages be included in the premium calculation?
Increases to a working employee’s wage (a.k.a. Hero Pay) as an incentive to work during COVID-19 are included in payroll. Rule V-B.2 - Remuneration – Payroll identifies various types of payments by an employer to an employee for time worked that are to be included in the premium calculation. Whether these extra payments are referred to as an hourly wage, incentive pay, bonus, hazard pay or shift differential would not change the outcome and would not result in these wages being excluded from the premium computation under one of the approved exclusions laid out in the remuneration exclusions under Rule V-B.3.
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8. Are the payments by an employer to an employee permitted under the Families First Coronavirus Response Act (FFCRA) for qualified paid sick leave and expanded family and medical leave eligible for assignment to Code 0012?
Yes, these payments would be eligible for assignment to Code 0012 if they are paid to employees who receive payments during a temporary layoff or an involuntary leave for specified reasons related to COVID-19 and who are not performing any work duties for an employer, as described in MA Manual Rule V-G.7., but only if the employer keeps separate, accurate, and verifiable entries within the employer’s payroll records.
Under FFCRA, certain employers were required to provide their employees with paid sick leave and expanded family/medical leave for specified reasons related to COVID-19. These provisions applied from April 1, 2020 to December 31, 2020. An employee was entitled to take leave related to COVID-19 if the employee was unable to work, including unable to telework, for the following reasons:
- Employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
- Employee has been advised by a health care provider to self-quarantine related to COVID-19;
- Employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
- Employee is caring for an individual subject to an order described in (1) above or self-quarantine as described in (2) above;
- Employee is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons; or
- Employee is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services.
(Mandatory leave payments under the FFCRA expired on December 31, 2020. However, the Consolidated Appropriations Act signed in late December extended portions of the benefits allowed under FFCRA and the related CARES Act, including an allowance for employers to continue to provide paid leave on a voluntary basis through September 30, 2021. These voluntary payments entitle the employer to the tax credits that were allowed under the expired law.)
Both the mandatory and voluntary payments would entitle the employer to tax credits that are allowed under the FFCRA. There should be no FFCRA payments after September 30, 2021 that qualify for assignment to Code 0012 unless the provisions are further extended. Any payment to an employee would be limited to up to two weeks (80 hours, or a part-time employee’s two-week equivalent) of paid sick leave and up to 10 weeks more of paid sick leave and expanded family and medical leave for reason #5 above.
A part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to workover that period.
In order for these employers to be eligible for reimbursement of the costs for the qualified paid sick leave and qualified expanded family and medical leave through a refundable tax credit, the following record keeping requirements are outlined within the FFCRA. These same records must be made available to the auditor to confirm eligibility for allocation of payroll to Code 0012:
-
Regardless of whether paid sick leave or expanded family and medical leave is granted or denied, the employer must document the following:
- The name of your employee requesting leave;
- The date(s) for which leave is requested;
- The reason for leave; and
- A statement from the employee that he or she is unable to work because of the reason.
- If the employee requests leave because he or she is subject to a quarantine or isolation order or to care for an individual subject to such an order, the employer should additionally document the name of the government entity that issued the order. If the employee requests leave to self-quarantine based on the advice of a health care provider or to care for an individual who is self-quarantining based on such advice, the employer should additionally document the name of the health care provider who gave advice.
- If the employee requests leave to care for his or her child whose school or place of care is closed, or child
care provider is unavailable, the employer must also document:
- The name of the child being cared for;
- The name of the school, place of care, or child care provider that has closed or become unavailable; and
- A statement from the employee that no other suitable person is available to care for the child.
It is important that the auditor verify that these required records are maintained and that the employee in question performed absolutely no work for their employer during the period covered by the payments before allowing these payments to be allocated to Code 0012. If separate, accurate, and verifiable entries within the employer’s payroll records are not maintained or the employee continued to work remotely, these payments are assigned to the classification for work normally performed by the employee prior to any emergency orders, laws, or regulations issued due to the COVID-19 (coronavirus) pandemic.
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Experience Rating : Rating Search on Website FAQs
- What is a Combo ID ?
- What is a Coverage ID ?
- Why don't I see more than 3 years of rating information for an employer?
- How often is the rating information updated?
- Why does the name that was searched on appear multiple times on the Ratings Search Results page of the WCRIBMA’s website?
- Why is the name on the Experience Rating History page of the WCRIBMA’s website different from the name on the insured’s policy?
- Why can't I find an employer when I know that the employer has coverage?
- Why can’t I find the rating information for an employer when I search by name, but can find it when I search by Combo ID?
- Why is INT shown under the rating factor on the Experience Rating History page of the WCRIBMA’s website for a particular rating effective date, instead of a rating factor?
- Why does the WCRIBMA show that an employer is intrastate rated when the employer qualifies for interstate rating?
- What is the Status Date on the Experience Rating History page of the WCRIBMA’s website?
- What is a FEIN?
- Why can’t I find an employer when I know the FEIN?
Top of Page
1. What is a Combo ID?
A Combo ID is a commonly used term for Combinability Group ID. A single Combo ID is used to store the experience for all entities that are combinable for experience rating purposes. A Combo ID can include multiple Coverage IDs.
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2. What is a Coverage ID?
A Coverage ID is a commonly used term for Coverage Group ID. A Coverage ID is used to store the coverage history by entity whenever possible. For example, if two corporate entities have common majority ownership and each has its own policy, then a separate Coverage ID can be assigned for each corporation. The separate Coverage IDs would be stored under a single Combo ID for experience rating purposes. However, if both corporate entities are insured on a single policy, then both entities would be in the same Coverage ID.
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3. Why don't I see more than 3 years of rating information for an employer?
The experience rating history display is limited to the 3 most recent rating effective dates which are the current and two prior ratings that are still subject to revisions.
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4. How often is the rating information updated?
The rating information is updated each business day with the last record update shown on the application frame.
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5. Why did the name that I searched on appear multiple times on the Ratings Search Results page of the WCRIBMA’s website?
If there is any variation in the name or in the address for that name, each occurrence will be displayed in the Ratings Search Results.
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6. Why is the name on the Experience Rating History page of the WCRIBMA’s website different from the name on the insured’s policy?
When there are multiple policies within a Combo ID, there are multiple primary names. Although it is possible to search for any of the primary names that are in the Combo ID, only one of those primary names can be displayed in the Rating Data section.
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7. Why can't I find an employer when I know that the employer has coverage?
Only primary names on a policy are included in the name search. Therefore in the situation of multiple names on a policy, only the primary name is displayed in the Rating Data Section. The experience rating information on the WCRIBMA website should not be used to verify coverage information.
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8. Why can’t I find the rating information for an employer when I search by name, but can find it when I search by Combo ID?
Only primary names on a policy are included in the name search. If the name that you search for is not the primary name on the policy, then it will not display in a name search. In addition, if the name is the primary name on the policy, but we do not have a record of the policy, then we have no record of that primary name.
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9. Why is INT shown under the rating factor on the Experience Rating History page of the WCRIBMA's website for a particular rating effective date, instead of a rating factor?
INT is an abbreviation used on the website product to designate that the risk is interstate rated for the particular rating effective date. Interstate rating factors are calculated and distributed by NCCI. The WCRIBMA does not calculate or display interstate rating factors. For interstate rated risks, the WCRIBMA will only display the MA ARAP.
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10. Why does the WCRIBMA show that an employer is intrastate rated when the employer qualifies for interstate rating?
The WCRIBMA does not have a record of an interstate rating for the particular rating effective date.
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11. What is the Status Date on the Experience Rating History page of the WCRIBMA’s website?
The Status Date is the date that the rating information shown for a particular rating effective date was determined. The rating information will not change unless an event occurs that requires the rating data to be re-evaluated and the result of the re-evaluation is a change in the rating data.
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12. What is a FEIN?
FEIN is the acronym for Federal Employer Identification Number. It is a 9 digit tax identification number, assigned by the Internal Revenue Service. It is used to identify a business entity.
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13. Why can’t I find an employer when I know the FEIN?
Only the FEIN that was reported with the primary name on a policy is included in the FEIN search. Therefore, if a policy has multiple FEINs corresponding to multiple names, only the FEIN that was reported with the primary name will be displayed in any search result. In addition, please note that the WCRIBMA has not verified the accuracy of reported FEINs.
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Experience Rating FAQs
- How does a risk qualify for intrastate experience rating?
- How does a risk qualify for interstate experience rating?
- What is an ARAP charge?
- Why does a risk have an ARAP surcharge?
- Why does the mod sheet have the word "interstate" where the mod should appear? Does that mean I should calculate the formula shown on the work sheet to get the mod?
- How do I obtain a copy of a Massachusetts experience rating worksheet?
- How does a risk qualify for a merit rating?
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1. How does a risk qualify for intrastate experience rating?
A risk is eligible for intrastate experience rating when the exposures developed in the last two years of the experience period produce a premium of at least $11,000; or, if more than two years, an average annual premium of $5,500.
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2. How does a risk qualify for interstate experience rating?
A risk is eligible for interstate experience rating when it meets the requirements for intrastate rating for any jurisdiction on the policy, and also develops experience during the experience period in one or more additional states where this Experience Rating Plan is effective.
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3. What is an ARAP charge?
ARAP is the All Risk Adjustment Program, which is a surcharge factor applied to standard premium. The ARAP addresses the severity of losses.
For more details on an ARAP surcharge, refer to the All Risk Adjustment Program Overview.
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4. Why does a risk have an ARAP surcharge?
A risk has an ARAP surcharge when the record of losses for the risk is greater than expected under the Experience Rating Plan.
For more details on an ARAP surcharge, refer to the All Risk Adjustment Program Overview.
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5. Why does the mod sheet have the word "interstate" where the mod should appear?
When "interstate" appears where the mod should be, the experience rating modification will be promulgated by the NCCI.
Does that mean I should calculate the formula shown on the work sheet to get the mod?
NO! The result of calculating the formula shown on the work sheet is an experience rating factor calculated using the MA experience only. The risk should have a mod calculated using all of the risk's experience which must be promulgated by the NCCI.
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6. How do I obtain a copy of a Massachusetts experience rating worksheet?
The insuring carrier is issued the experience rating worksheet when the rating is promulgated. The WCRIBMA will provide a copy of the rating to the insured (employer) upon request. Other parties such as, agents, risk managers, or carriers (other than the insuring carrier) can obtain a copy of the worksheet with the permission of the insured at a cost of $10.00 per worksheet. The permission of the insured is presented through a "Letter of Authority". The letter of authority must be on the insured's stationery and must be signed by the insured. An e-mail or fax from the insured is considered the insured's stationery.
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7. How does a risk qualify for a merit rating?
A risk is eligible for a MA merit rating when the average annual premium over the last three years is $500 or more but less than the experience rating threshold. Unlike the experience rating qualification, a risk must have three years of data to qualify for a merit rating.
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MA Construction Classification Premium Adjustment Program (MCCPAP) FAQs
- How long does an employer have to submit the MCCPAP application for a construction credit?
- What payroll quarter is reported on the MCCPAP application?
- Should all class codes found on the affected policy(ies) be included on the MCCPAP application or only construction class codes?
- Should payroll for all additional legal entities listed on the affected policy(ies) be included on the MCCPAP application?
- If the employer has wrap-up policies in force during the quarter being reported, is it necessary to include the wrap-up policies on the MCCPAP application?
- Is overtime pay included in total wages paid on the MCCPAP application?
- Are employee bonuses included in total wages paid on the MCCPAP application?
- For a salaried employee, what amount is reported in total hours worked on the MCCPAP application?
- Is the payroll for a corporate officer included in the total wages paid on the MCCPAP application? Is a corporate officer's payroll capped?
- When a corporate officer’s payroll is capped at the maximum allowed for an officer for the quarter, what is reported for total hours worked on the MCCPAP application?
- If a sole proprietor, partner of a legal partnership or member of an LLC has opted in for coverage, should he/she be included on the MCCPAP application? If yes, what values should be used for his/her total wages paid and total Hours worked?
- If eligible for a MCCPAP credit, is the credit applied to the total premium?
- Will the amount of the credit be applied to the policy(ies) or will the employer get a refund?
- How long does it take for the carrier to process the credit?
- Does the insurance agent receive a copy of the Notice of Credit?
- Where can I get more information on the Massachusetts Construction Classification Adjustment Program (MCCPAP)?
- How is the construction credit calculated? Where can I find the credit for average hourly wage table?
- Since hard copy Notices of Credit are no longer mailed to the insurance carrier, how are carriers notified?
- How do I submit a construction credit application?
Top of Page
1. How long does an employer have to submit the MCCPAP application for a construction credit?
The employer has up to six months after the expiration of a policy to apply, or within one month after the time the employer initially received written notice of the Program, whichever is later.
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2. What payroll quarter is reported on the MCCPAP application?
The program uses the third quarter (July, August, and September) payrolls of the year immediately preceding the policy effective date, as shown below:
October 1, 2022 thru September 30, 2023
|
2022
|
October 1, 2023 thru September 30, 2024
|
2023
|
October 1, 2024 thru September 30, 2025
|
2024
|
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3. Should all class codes found on the affected policy(ies) be included on the MCCPAP application or only construction class codes?
List each classification code on the MCCPAP application that appears on the affected policy(ies), excluding per capita* class codes. This includes both eligible and non-eligible classification codes
including class codes for clerical workers, salespersons and executive
officers (unless they are excluded from coverage), but does not include
subcontractors and independent contractors. For any class codes under which
no payroll was incurred during the quarter being reported, please put zeros
for total wages paid and total hours worked.
* Do not include per capita class codes 0908, 0909, 0912, 0913 and 0088 on the MCCPAP application.
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4. Should payroll for all additional legal entities listed on the affected policy(ies) be included on the MCCPAP application?
If the employer's 'primary' policy has multiple named insureds, the names, total wages paid and total hours worked for all classifications during the quarter being reported for each legal entity on the policy must be included on the application.
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5. If the employer has wrap-up policies in force during the quarter being reported, is it necessary to include the wrap-up policies on the MCCPAP application?
If the employer has any wrap-up policies in force during the quarter shown on the MCCPAP application, the employer should include the total wages paid and hours worked for the wrap-up(s) on the application for the ‘primary’ policy.
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6. Is overtime pay included in total wages paid on the MCCPAP application?
Premium overtime pay must be excluded. Premium overtime pay is
the amount paid over and above straight time. As an example, if an
employee worked 40 hours @ $8 an hour and 2 hours of overtime @ $12 an
hour, the employee should be included on the application for 42 hours @
$8 per hour ($336). The additional $4 of premium overtime pay for each
hour of overtime worked must be excluded.
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7. Are employee bonuses included in total wages paid on the MCCPAP application?
No. The construction premium credit is based on average hourly pay rates for each classification of construction operations.
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8. For a salaried employee, what amount is reported in total hours worked on the MCCPAP application?
In the absence of specific records for salaried employees, assume that each salaried individual worked forty (40) hours per week and use 520 as the number of hours worked during a quarter for a full time salaried employee.
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9. Is the payroll for a corporate officer included in the total wages paid on the MCCPAP application? Is a corporate officer's payroll capped?
Yes, as long as the corporate officer is not excluded from coverage, include his/her payroll in the total wages paid on the MCCPAP application.
The quarterly payroll of a corporate officer is capped. The capped amount to be included is calculated from the maximum officer payroll per week that is in effect as of the year and quarter being reported on the MCCPAP application.
2021 |
October 1, 2020 |
$1,180 |
$15,340 |
2022 |
October 1, 2021 |
$1,350 |
$17,550 |
2023 |
October 1, 2022 |
$1,410 |
$18,330 |
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10. When a corporate officer’s payroll is capped at the maximum allowed for an officer for the quarter, what is reported for total hours worked on the MCCPAP application?
Corporate officers should report 520 hours which is the number used for full time salaried employees for a quarter.
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11. If a sole proprietor, partner of a legal partnership or member of an LLC has opted in for coverage, should he/she be included on the MCCPAP application? If yes, what values should be reported for his/her total wages paid and total hours worked?
Yes, if a sole proprietor, partner of a legal partnership or member of
an LLC has opted in for coverage, include him/her on the MCCPAP
application.
For his/her total quarterly wages paid, use ¼ of the Basis of Premium
(effective as of the quarter and reporting year) for a sole proprietor, partner of a legal partnership, or member of an
LLC who has elected to be covered as an employee.
For his/her total hours worked, use 520 hours which is the number used for a full time salaried employee for a quarter.
2021 |
October 1, 2020 |
$54,200 |
$13,550 |
2022 |
October 1, 2021 |
$61,700 |
$15,425 |
2023 |
October 1, 2022 |
$64,300 |
$16,075 |
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12. If eligible for a MCCPAP credit, is the credit applied to the total premium?
While the initial determination of any applicable credit is computed on a class-by-class basis, the credit (if any) will be applied to the employer’s entire Massachusetts standard premium.
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13. Will the amount of the credit be applied to the policy(ies) or will the employer get a refund?
If the credit is being applied to a current policy, the carrier will
endorse the policy to reflect the construction credit amount. If the
credit is for a policy which has expired, then a return premium will not
be determined until after the final audit has been completed. Any
resulting premium adjustment will be returned after the audit.
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14. How long does it take for the carrier to process the credit?
For an in force policy, it is reasonable to expect that the carrier to issue the premium adjustment endorsement within 45 calendar days after receipt of the Notice of Credit.
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15. Does the insurance agent receive a copy of the Notice of Credit?
Notices of Credit for hard copy applications are not mailed to the producer. Notices of Credit for applications submitted through Online MCCPAP are emailed to the producer if the producer's email address was provided on the online application submission.
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16. Where can I get more information on the Massachusetts Construction Classification Premium Adjustment Program (MCCPAP)?
For details of the program, refer to the Massachusetts Construction Classification Premium Adjustment Program overview.
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17. How is the construction credit calculated? Where can I find the credit for average hourly wage table?
For credits effective April 1, 2014 and later, see Construction Credit Calculation effective April 1, 2014 which includes an explanation of the construction credit calculation and a table of Construction Credit Percentages.
For credits effective before April 1, 2014, see Construction Credit Calculation before April 1, 2014 which includes an explanation of the construction credit calculation and a table of Construction Credit Percentages.
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18. Since hard copy Notices of Credit are no longer mailed to the insurance carrier, how are carriers notified?
Effective December 22, 2014, the WCRIBMA stopped mailing to carriers MCCPAP Notices of Credit. Carriers are required to access their CPAP letters in Manage Policy within the Secured Online Services Account (SOSA) area of the WCRIBMA's website. For additional information on searching and retrieving MCCPAP letters, refer to the Manage Policy User Guide and to Circular Letter #2249.
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19. How do I submit a construction credit application?
The application must be submitted through the WCRIBMA web tool, Online MCCPAP – Construction Credit Application, located on the WCRIBMA website under Tools on the website home page. If you are unable to submit an application through the web tool, you may submit a completed application by email to customerservices@wcribma.org.
The complete and signed original application must be received within the time frame stated in the application.
For more details on submission of the application or program details, refer to:
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MA Test Audit Program FAQs
- What is a test audit?
- Is it mandatory that I comply with the WCRIBMA's request to conduct a test audit?
- What is the purpose of the Massachusetts Test Audit Program?
- What records will the test auditor need to view for the audit?
- How long will it take to conduct the test audit?
- If the test audit develops additional premium, will I be charged?
- If the test audit shows that the carrier overcharged me, will I get a returned premium?
Top of Page
1. What is a test audit?
The Workers' Compensation Rating & Inspection Bureau of Massachusetts (WCRIBMA) has been mandated by the Division of Insurance to adopt procedures to verfiy the accuracy of payrolls and other bases of premium on policies of workers' compensaion insurance and employers' liability insurance.
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2. Is it mandatory that I comply with the WCRIBMA's request to conduct a test audit?
Yes. All workers’ compensation insurance policies are legal contracts between the insurance company and the employer, both named on the Information Page of the policy. You are the employer, one of the parties named in that contact and bound by its requirements. Your policy, which is the standard Workers’ Compensation and Employers Liability Policy approved for use in Massachusetts, contains an audit requirement in Part Five – Premium, G – Audit:
“You will let us examine and audit all your records that relate to this policy. These records include ledgers, journals, registers, vouchers, contracts, tax reports, payroll and disbursement records, and programs for storing and retrieving data. We may conduct the audits during regular business hours during the policy period and within three years after the policy period ends. Information developed by audit will be used to determine final premium. Insurance rate service organizations have the same rights we have under this provision.” (Emphasis added.)
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3. What is the purpose of the Massachusetts Test Audit Program?
The WCRIBMA conducts a test audit program for the following purposes:
- To monitor the accuracy of the audits of the insurance companies; to verify that classifications, rates, rating plans and other rating values are accurately applied;
- To ensure that the rules contained in the Massachusetts Workers Compensation & Employers Liability Insurance Manual have been applied correctly;
- To assure that statistical data used for the calculation of rates and individual experience rating modification factors is properly reported to the WCRIBMA; and
- To improve audit proficiency through the evaluation of a carrier’s auditing practices.
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4. What records will the test auditor need to view for the audit?
Generally, the auditor will need to have access to the following records:
- Payroll Journal which shows YTD Gross Payroll, Overtime, Bonus, Section 125 Deductions, etc. by each employee;
- MA Unemployment Insurance Tax Returns and/or 941s filed during the audit period;
- All 1099s issued to contract labor - including certificates of insurance;
- Cash Disbursement Journal or General Ledger for the audit period;
- Business Income Taxes; ex. Schedule C, 1120, 1120S, 1065;
- Information pertaining to a sales breakdown for products/services provided; and
- If you were engaged in any OCIP (wrap-up) jobs, then certified payrolls are required.
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5. How long will it take to conduct the test audit?
The typical audit takes approximately 1 to 2 hours, but that time will vary depending on the size of the company and the complexity of the audit.
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6. If the test audit develops additional premium, will I be charged?
If the results of the test audit produce an additional premium, the carrier is not permitted to bill the additional premium on the test audited policy.
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7. If the test audit shows that the carrier overcharged me, will I get a returned premium?
If the results of the test audit produce a return premium to you, the carrier is required to return the appropriate premiums.
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Ownership / Combinability FAQs
- How is it determined if entities are combinable for experience rating purposes?
- Are the combinability rules in the Massachusetts Workers Compensation and Employers Liability Insurance Manual?
- If multiple entities are combinable for experience rating purposes, does that mean that all the combinable entities must be written on one policy?
Top of Page
1. How is it determined if entities are combinable for experience rating purposes?
According to the NCCI Experience Rating Plan Manual, which is applicable in Massachusetts:
“COMBINATION OF ENTITIES
-
The combination of two or more entities for purposes of this Plan requires common majority ownership. Two or more entities shall be combined only if:
- a) The same person, group of persons or corporation owns more than 50% of each entity, or
b) An entity owns a majority interest in another entity, which in turn owns a majority interest in another entity. All entities are combinable for experience rating purposes regardless of the number of entities involved.
-
Determination of majority ownership is based on the following:
a) Majority of issued voting stock.
b) Majority of the members if no voting stock is issued.
c) Majority of the board of directors or comparable governing body if a. or b. is not applicable.
d) Participation of each general partner in the profits of a partnership. Limited partners are not considered in determining majority interest.
-
If the rules above provide for more than one possible combination of entities, the combination involving the most entities shall be made. However, the experience of any entity may be used in only one combination.”
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2. Are the combinability rules in the Massachusetts Workers Compensation and Employers Liability Insurance Manual?
Some ownership information can be found in the Massachusetts Workers Compensation and Employers Liability Insurance Manual Part One, Rule III, Page R-6 for policy writing purposes, but the NCCI Experience Rating Plan Manual contains the detailed rules.
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3. If multiple entities are combinable for experience rating purposes, does that mean that all the combinable entities must be written on one policy?
No, separate legal entities may be written on one policy or written on separate policies.
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Premium / Payroll FAQs
- What is the effective date of the latest rate change?
- What are the current DIA assessment rates?
- How is the DIA assessment applied?
- Is the loss constant part of the Standard Premium?
- Where are the loss constants detailed by class code?
- When does the loss constant apply?
- Is the expense constant included in Standard Premium?
- How much is the expense constant?
- Where are the minimum premiums detailed by class code?
- What is Total Policy Minimum Premium?
- How are Rate Deviations, Premium Discounts, and/or Expense Constants handled for policies subject to an Anniversary Rating Date?
- What is the current payroll limitation applicable to executive officers?
- Should inactive executive officers be included at the minimum individual payroll?
- For increased limits of liability of $500/500/500 and $1,000/1,000/1,000 (000 omitted), what are the increase percentages and corresponding minimum premiums?
- Are employees of non-profit (501) (c) (3) charitable organizations subject to rules different than those applied to the "for profit" employees of Massachusetts employers?
- Is the DIA assessment charge included in any retrospective rating calculations?
- Is the basic premium factor calculation outlined on Page A3 of the Retrospective Rating Plan Manual applicable in Massachusetts?
- How is the Retrospective Rating Formula changed to recognize the All Risk Adjustment Program (ARAP)?
Top of Page
1. What is the effective date of the latest rate change?
Refer to the Manual - Rates - Rating Values tool under the Tools section on the home page of our website or to the Rates pages in the MA Manual which also can be found on the Manual - Rates - Rating Values tool.
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2. What are the current DIA assessment rates?
Refer to the Table of DIA Assessments from the Department of Industrial Accidents (DIA) Assessment Program Overview.
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3. How is the DIA assessment applied?
The DIA assessment rate is applied to the DIA Standard Premium calculated at WCRIBMA manual rates, prior to the effects of any approved rate deviations or scheduled rating adjustments.
The DIA assessment does not apply to premium developed from:
- Admiralty/FELA classes,
- Classes whose rate has been adjusted to reflect USL&HW exposure,
- Supplemental non-ratable classes, or
- Supplemental rate - atomic energy exposure
Refer to the Program Overview on DIA Assessment for details and to the Massachusetts
Voluntary Market Premium Algorithm, Appendix E, or the
Residual Market Premium Algorithm, Appendix F.
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4. Is the loss constant part of the Standard Premium?
Effective January 1, 2008 the loss constant is excluded from the determination of Standard Premium.
Refer to
Rule VII C. 1. in the MA Manual and to the Massachusetts
Voluntary Market Premium Algorithm, Appendix E, or the
Residual Market Premium Algorithm, Appendix F.
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5. Where are the loss constants detailed by class code?
The loss constant for each classification is shown after its code number on the rate pages. Certain classifications, such as those for domestics, admiralty or federal employments, do not have loss constants.
To view loss constants, refer to the Manual - Rates - Rating Values tool or to the Class Code Lookup in the Tools and Services section of our website.
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6. When does the loss constant apply?
Effective January 1, 2008, a separate loss constant shall be charged for each state where the Premium Subject to Loss Constant for that state is less than $500.
If the addition of the loss constant increases the policy premium for that state to more than $500, such loss constant shall be reduced to the amount that will bring the sum of the loss constant and the Premium Subject to Loss Constant to $500.
The minimum premium for each classification includes the loss constant. Consequently, a loss constant shall not be added to the minimum premium if the minimum premium becomes the final premium for the policy.
Refer to
Rule VI D. in the MA Manual for details and to the Massachusetts
Voluntary Market Premium Algorithm, Appendix E, or the
Residual Market Premium Algorithm, Appendix F.
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7. Is the expense constant included in Standard Premium?
The expense constant is not included in Standard Premium in the premium calculation at policy issuance or for statistical reporting. However, the expense constant is included in standard premium for aggregate financial reporting. Refer to
the Statistical Plan,
Part III Definitions.
Refer to Rule VII C. 1. in the MA Manual.
For more details on the expense constant, refer to Rule VI E. in the MA Manual
and to the Massachusetts Voluntary Market Premium Algorithm, Appendix E,
or the Residual Market Premium Algorithm, Appendix F.
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8. How much is the expense constant?
Effective September 1, 2008 - Expense Constant applicable in accordance with MA Manual Rule VI-E-2:
- Policies which develop earned Standard Premium less than $200 - the expense constant is $159.
- Policies which develop earned Standard Premium of at least $200 and less than $1,000 - the expense constant is $250.
- Policies which develop earned Standard Premium of $1,000 or more - the expense constant is $338.
- The expense constant for private residence per capita classifications is $64, for each exposure, up to a maximum of 4.
To view Expense Constants, refer to the Miscellaneous Values page in the MA Manual.
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9. Where are the minimum premiums detailed by class code?
The minimum premium for each classification is shown after its code number on the rate pages.
To view minimum premiums, refer to the Manual - Rates - Rating Values tool or the Class Code Lookup in the Tools and Services section of our website.
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10. What is the Total Policy Minimum Premium?
The Total Policy Minimum Premium is the lowest premium required in order to provide insurance under the Standard Policy for a policy period not longer than one year. (For short term policies, refer to
Rule VI J.
For policies issued for a period over one year, refer to Rule III C.)
Total Policy Minimum Premium is the sum of the Classification Minimum Premium, the Employers’ Liability Increased Limits Minimum Premium, and the Admiralty or Federal Employers Liability Act Minimum Premium.
- The Classification Minimum Premium is the
minimum premium found on the rate pages, or if applicable, the
minimum premium found on the rate pages adjusted by the USL&HW
factor (refer to
Rule XII), and is determined as follows:
- For a policy with only one classification, apply the
minimum premium for that classification.
- For a policy with two or more classifications, apply the
highest minimum premium for any classification on the
policy.
- The Employers’ Liability Increased Limits Minimum
Premium is determined by selecting the appropriate
limit in the Table for Increased Limits. Refer to
Rule VIII A.
- The Admiralty or Federal Employers’ Liability Act
Minimum Premium is determined in accordance with
Rule XIII D.
Refer to Rule VI F. in the MA Manual and to the Massachusetts
Voluntary Market Premium Algorithm, Appendix E,
or the Residual Market Premium Algorithm, Appendix F.
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11. How are Rate Deviations, Premium Discounts, and/or Expense Constants handled for policies subject to an Anniversary Rating Date?
Note: Anniversary Rate Date (ARD) was eliminated effective May 1, 2017. Refer to Circular Letter #2294 issued September 20, 2016.
Refer to the Bureau's Circular Letter #1757 issued August 9, 1996 for explanations and exhibits.
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12. What is the current payroll limitation applicable to executive officers?
Premium for executive officers is based on their total payroll, subject to the following limitations:
Effective Date |
Minimum |
Maximum |
Week |
Annual |
Week |
Annual |
October 1, 2023 |
$290 |
$15,080 |
$1,430 |
$74,360 |
October 1, 2022 |
$280 |
$14,560 |
$1,410 |
$73,320 |
Refer to
Rule IX A. 3. in the MA Manual or refer to the Miscellaneous Values page in the MA Manual.
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13. Should inactive executive officers be included at the minimum individual payroll?
No, the remuneration of any inactive executive officer(s) is not to be included with the payroll of the risk for premium computation purposes. Inasmuch as, the actual payroll for such executive officers is excludable from premium computation, it follows that those inactive executive officers not receiving any pay would not be included at the minimum individual payroll.
See Massachusetts Workers Compensation and Employers Liability Insurance Manual, Part One, Rule V-F. Payroll Limitation for specifics regarding determination of active/inactive executive officer status.
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14. For increased limits of liability of $500/500/500 and $1,000/1,000/1,000 (000 omitted), what are the increase percentages and corresponding minimum premiums?
Limits of Liability
(000 omitted) |
Percentage |
Minimum Premium for
Increased Limits Percentage |
500/500/500 |
1.00% |
50.00 |
1,000/1,000/1,000 |
2.00% |
75.00 |
The additional premium for increased limits shall be determined by multiplying the total premium by the increased limits percentage. It shall not be less than the
minimum premium for increased limits shown in the table. For this purpose, total premium shall be computed before application of loss and expense constants, experience rating modification, premium discount or retrospective rating adjustment.
For more information on increased limits of liability and a complete list of limits, refer to the Massachusetts Workers Compensation and Employers Liability Insurance Manual,
Part One, Rule VIII - Limits of Liability.
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15. Are employees of non-profit (501) (c) (3) charitable organizations subject to rules different than those applied to the "for profit" employees of Massachusetts employers?
No. Unless such non-profit entities are not considered to be employers under M. G.
L. Chapter 152, Section 1., (5) and therefore not required to carry workers compensation coverage, their employees are subject to all of
the filed/approved rules governing the determination of premium for the workers compensation coverage afforded under their policy.
With respect to executive officers, they are either active or inactive and cannot arbitrarily be considered to be volunteers.
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16. Is the DIA assessment charge included in any retrospective rating calculations?
No. The income derived from the
assessment charge is utilized to fund the operations of the Department of
Industrial Accidents, and certain employee benefits as defined in
Section 65 of The Workers' Compensation Act. It is important to note
that the assessment is a separate and distinct charge and is not included in
the workers' compensation rates, nor is the charge considered premium. Since
the charge is not considered premium, it is not reported to the Bureau.
Accordingly, the DIA assessment charge should not be included in any
retrospective rating calculations.
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17. Is the basic premium factor calculation outlined on Page A3 of the Retrospective Rating Plan Manual applicable in Massachusetts?
With exception of noting that all retrospective rating calculations require that the Standard Premium be multiplied by any All Risk Adjustment Program factor (ARAP), the basic premium factor calculation outlined on Page A3 has always applied in Massachusetts (i.e. there is no Massachusetts basic premium factor calculation example).
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18. How is the Retrospective Rating Formula changed to recognize the All Risk Adjustment Program (ARAP)?
The Retrospective Rating Formula is changed as follows:
Retrospective Premium = (Basic
Premium + (Standard Premium x ARAP Adjustment Factor x Excess Loss
Premium Factor x Loss Conversion Factor) + Losses x Loss Conversion Factor)
x Tax Multiplier + (Standard Premium x ARAP Adjustment Factor x
Retrospective Development Factor x Loss Conversion Factor x Tax Multiplier),
subject to Minimum and Maximum Premiums.
In effect, when calculating a Retrospective Rating, the Standard Premium is
modified by the ARAP Adjustment Factor at each step in the process,
i.e. Multiply the Standard Premium x the ARAP Adjustment Factor when:
- entering the Table of Expense Ratios
- determining the Basic Premium
- applying the Expense Ratio
- entering the Table of Insurance Charges
- determining the Minimum and Maximum Premiums
- determining a Loss Limitation, etc.
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QLMP FAQs
- What is the maximum credit that a Qualified Loss Management firm can offer?
- When is the credit applied to the subscribing employer's policy?
- How can I find out which firms are currently approved to offer credit, and how much credit each of them offers?
- How is the allowable credit calculated for each firm?
- I am a loss management firm interested in becoming an approved Qualified Loss Management firm. How do I do this?
- I am an agent and my client has not yet received credit for participating in a Program. What do I do?
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1. What is the maximum credit that a Qualified Loss Management firm can offer?
15% is the maximum allowable credit. 5% is the maximum allowable credit that a new entrant to the Program can offer for the first three years. After the first three years, the credit will be based on the firm's experience.
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2. When is the credit applied to the subscribing employer's policy?
The credit is applied at the time of the audit.
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3. How can I find out which firms are currently approved to offer credit, and how much credit each of them offers?
Refer to the list of approved QLMP management firms effective April 1, 2024. We do not release information about the amount of credit offered by each firm. You must call each firm directly to obtain that information.
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4. How is the allowable credit calculated for each firm?
For each firm, we look at the most recent seven years of experience. We calculate experience modifications for the subscribing employers. The object is to compare the experience of the subscribing employers for the year prior to the year of inception
of the Program to experience for the year subsequent to the inception of the Program.
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5. I am a loss management firm interested in becoming an approved Qualified Loss Management firm. How do I do this?
Upon request, we will send you a letter detailing what information we need from you, along with a copy of the Qualified Loss Management Program Filing Memorandum, which also provides detail about the requirements. Once you have sent us the requested information, we will schedule a meeting with you to review your application.
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6. I am an agent and my client has not yet received credit for participating in a Program. What do I do?
We will verify that the Request For Endorsement and Policy Credit form was sent out. If it was sent, we will send another copy of the form to the carrier. If it has not been sent because we have not yet received notification from the loss management firm, we will call the firm and resolve the matter.
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Statistical Reporting FAQs
- What is BEEP?
- When is a unit statistical report required?
- What data is required for unit statistical reporting?
- For interstate risks, where is the carrier required to file unit reports?
- What is an ICR?
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1. What is BEEP?
BEEP is the Bureau Entry and Edit Package developed by a partnership of several of the Workers' Compensation organizations. BEEP is a software product that edits and formats unit statistical data for subsequent transmission to the insurance advisory and/or rating organization. BEEP has the screens for key entry of information and the capacity to accept information from the data providers reporting systems.
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2. When is a unit statistical report required?
Complete statistical information is required on all workers' compensation policies which provide coverage in Massachusetts including those which are covered primarily in another state with Massachusetts coverage extended by endorsement and policies where Massachusetts coverage was provided but the policy failed to develop Massachusetts exposure.
Every policy requires a first report of the premium and losses valued as of eighteen months after the policy effective date. The first reports are submitted to the WCRIBMA between or during the 18th through 20th month after the policy effective month.
The losses are valued and reported at 12 month intervals following the first valuation and report. Subsequent reports are required when:
- the previous valuation contains open claim(s),
- one or more claims are re-opened,
- previously unreported claim(s) have become known, or
- changes have occurred in the value of the loss of one or
more claims.
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3. What data is required for unit statistical reporting?
The unit statistical report requires header, exposure, and loss data.
Header Data is the information specific to the coverage provided by and the terms of the policy, such as: policy identification number, policy term, and the name of the insured.
Exposure data is the premium computation information, such as: classification, exposure amount, manual rate, and premium amount.
Loss data is the claim or benefit information, such as: accident date, kind of injury, and paid and incurred loss totals.
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4. For interstate risks, where is the carrier required to file unit reports?
For all interstate experience rated risks, copies of the Massachusetts experience is filed with the WCRIBMA and with the NCCI.
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5. What is an ICR?
An Individual Case Report (ICR) is a statistical report providing more detailed claim information on the most serious losses. An ICR is required on all fatal and permanent total claims. The ICRs are used to track the activity and check the loss reserves of the most serious claims.
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Terrorism Risk Insurance Program Reauthorization Act of 2015
Click on the above link for Frequently Asked Questions involving the Terrorism Risk Insurance Program Reauthorization Act of 2015.