West Virginia Code § 23-2C-3

Private carriers not subject to certain premium taxes, surcharges, and
Open in Lexace · Ask the AI about this section
credits; regulatory surcharge imposed on private carriers and self-insured
employers.
Private carriers including the company, are not subject to payment of insurance premium
taxes, surcharges, and credits contained in §33-3-1 et seq. of this code on premiums received
for workers' compensation insurance coverage under this chapter. In lieu theereof, the
workers' compensation insurance market is subject to the following:
(1)(A) With respect to fiscal years beginning on and after July 1, 2008, each private carrier
shall collect a surcharge in the amount of five and five-tenths peurcent of the premium
collected plus the total of all premium discounts based on deductible provisions that were
applied: Provided, That prior to June 30, 2013, and every fivte years thereafter, the Insurance
Commissioner shall review the percentage surcharge and determine a new percentage as he
or she deems necessary; and
(B) The amounts required to be collected under §23l-2C-3(a)(1)(A) of this code shall be
remitted to the Insurance Commissioner on ors before the twenty-fifth day of the month
succeeding the end of the quarter in which they are collected, except for the fourth quarter
for which the surcharge shall be remitted on or before March 1 of the succeeding year.
(2) Each fiscal year, the Insurance Commissioner shall calculate a percentage surcharge to
be remitted on a quarterly basis by self-insured employers and said percentage shall be
calculated by dividing the previous year's self-insured payroll in the state into the portion of
the Insurance Commissioner's budget amount attributable to regulation of the self-insured
employer market. This resulting percentage shall be applied to each self-insured employer's
payroll and the resulting amount shall be remitted as a regulatory surcharge by each self-
insured employer. The Industrial Council may promulgate a rule for implementation of this
section. All private carriers and self-insured employers shall furnish the Insurance
Commissioner with all required information and cooperate in all respects necessary for the
InsuWrance Commissioner to perform the duties set forth in this section and in other
provisions of this chapter and Chapter 33 of this code. The surcharge shall be calculated so
as to only defray the costs associated with the administration of this chapter and the funds
raised shall not be used for any other purpose.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.