A: Act 54 of 2024 requires the PA Insurance Dept to issue a refund of the 2009 Workers’ Compensation Security Fund (WCSF) assessment to eligible carriers who paid the assessment in 2009 in accordance with Notice 2010-01, published at 40 Pa. B. 498 on January 16, 2010.
A: The WCSF assessment refund is limited to “carriers” as defined in the WCSF Act. The WCSF Act defines “carrier” as “either a stock company, a mutual company, a reciprocal exchange, or the State Workmen's Insurance Fund, as the context may require.” 77 P.S. § 1052.
A: The term “carrier” under the WCSF Act is not defined to include self-insured employers, so they would not be eligible for a refund of the 2009 WCSF assessment unless they otherwise met the definition of “carrier” under the WCSF Act.
A listing of eligible carriers can be found in the Pennsylvania Bulletin Notice 2024-13 published on August 24, 2024.
A: The carrier does not have to take any action if it is not pursuing the refund.
A: The WCSF cannot provide tax or legal advice. Please consult with your company’s tax professional of legal department.
A: The amount of the refund to eligible carriers will be calculated using the amount of the 2009 WCSF assessment paid by the carrier, plus 1.13% of simple interest, which is the aggregate interest rate of the WCSF's cash account between the first quarter of 2010 to the second quarter of 2024. The term date used to calculate interest begins on March 31, 2010—the date of the 2009 WCSF Assessment was due to be paid—and ends on August 24, 2024—the date of this refund notice.
A: The form does not require a notarized signature.
A: Please contact us at (717) 886-2082 or RA-IN-WCSFAssessRef@pa.gov.
A: The deadline for a carrier to submit an assessment refund application is 5:00 PM on February 24, 2025. If a Carrier fails to submit a completed application by the deadline, no refund can be issued.
A: Yes, we can compare the 2009 assessment values and Carrier information to WCSF records upon request. Please contact us at RA-IN-WCSFAssessRef@pa.gov for more information.
A: Where a carrier is unable to provide the 2009 assessment payment information, we require the completion an affidavit in order to release that information for the completion of the application form. Please contact RA-IN-WCSFAssessRef@pa.gov for more information.
A: We understand that some Carriers that paid the 2009 WCSF assessment may have undergone corporate changes. In those circumstances, we require that supporting documentation be included in the application. Supporting documentation includes but is not limited to, Pennsylvania Insurance Department approvals of mergers and acquisitions, establishing that a corporate successor is, in fact, entitled to a refund of the funds paid by the carrier assessed in 2009.