287.717. Surcharge collection, procedure--failure to pay, interest assessed, when.
Surcharge collection, procedure--failure to pay, interest assessed,when.
287.717. 1. Beginning January 1, 2004, the administrative surchargeestablished pursuant to section 287.716 shall be collected from deductibleplan policyholders by each insurer at the same time and in the same mannerthat the premium is collected, but no insurer or its agent shall be entitledto any portion of the administrative surcharge as a fee or commission for itscollection. The administrative surcharge is not subject to any taxes,licenses, or fees.
2. All administrative surcharges imposed pursuant to section 287.716shall be paid to the Missouri director of revenue and shall be deposited tothe workers' compensation administrative fund.
3. The amount of the administrative surcharge due for the currentcalendar year shall be paid in four approximately equal estimated quarterlyinstallments, and a fifth reconciling installment. The first fourinstallments shall be based upon the amount of administrative surchargepayable in the calendar year for which the surcharge is imposed. Thequarterly installments shall be made on the first day of March, the first dayof June, the first day of September, and the first day of December. On orbefore the first day of March of each year, every such insurer shall submit areport, verified by the affidavit of its president and secretary or otherchief officers or agents, to the director of the department of insurance,financial institutions and professional registration, stating the amount ofall such total premiums which would have been paid for the deductible portion.
4. If after the end of any calendar year, the amount of the actualadministrative surcharge due is less than the total amount of the installmentsactually paid, the amount by which the amount paid exceeds the amount dueshall only be credited against the administrative surcharge for the followingyear and deducted from the quarterly installment due on June first and anyother payments required by this section until the credit is exhausted. In theevent no such payments are due and upon application of the insurer, thedirector of revenue may refund the amount of credit if no other obligation isowed to the state.
5. If a deductible plan policyholder fails to make payment of theadministrative surcharge, or an insurer fails to make timely transfer to thedirector of revenue of administrative surcharges actually collected fromdeductible plan policyholders, as required by this section, a late charge ofone-half of one percent of the administrative surcharge unpaid, ortransferred, shall be assessed against the liable deductible plan policyholderor insurer. Late charges assessed pursuant to this subsection shall becollected in a civil action by a summary proceeding brought by the director ofthe division of workers' compensation.
6. If the administrative surcharges imposed by this section are not paidwhen due, the deductible plan policyholder or insurer shall be required topay, as part of such administrative surcharge, interest thereon at the rate ofone and one-half percent per month for each month or fraction thereofdelinquent. In the event the state prevails in any dispute concerning anassessment of the administrative surcharge, which has not been paid by thepolicyholder or insurer, interest shall be paid upon the amount found due tothe state at the rate of one and one-half percent per month for each month orfraction thereof delinquent.
7. The division may authorize electronic transfer of all forms, reports,payments, and other information deemed appropriate by the division as requiredpursuant to this section and sections 287.690, 287.710, 287.715, and 287.716.Information filed pursuant to this section and sections 287.690, 287.710,287.715, and 287.716 and under any rules promulgated by the division pursuantto this section and sections 287.690, 287.710, 287.715, and 287.716 shall beconfidential and not subject to chapter 610, RSMo.
8. This section shall not apply to any employer or group of employersauthorized by the division to self-insure their liability pursuant to thischapter.
(L. 2003 S.B. 385)