Exam 2 Flashcards

1
Q

how was worker’s comp in the last half of the 19th century

A

employees could sue for injuries
long process and worker were often not paid much
employers sometimes paid huge amounts

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2
Q

1913 California passed worker’s comp act called…

A

Boynton

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3
Q

The system for “compensation bargaining” (Boynton Act) allowed for

A

seed for todays worker comp system

eliminated lawsuits to resolve worker comp

employees received timely benefits

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4
Q

requirements for benefits to be paid for worker’s compensation

A

must be evidence based medical treatment

must be through an approved medical provider network

Utilization review required

treatment denials can be appealed

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5
Q

Benefits paid for temporary Disability are:

A

2/3 of gross pay

ranges from $169.26 to $1128.43 per week

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6
Q

requirement and limit for temporary disability (worker’s comp)

A

must be absent at least for three days

maximum of 104 weeks of benefits in a 5 year period

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7
Q

how are worker’s comp benefits determined for permanent disibility

A

Your disability rating (it is a %)

Date of injury

wages before you were injured

ranges from $160 to $260

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8
Q

amount of money paid out to death benefits (worker’s compensation)

A

$10,000 for burial benefit

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9
Q

there are no worker’s comp benefits for

A

pain suffering
Punitive damages
Employer Negligence (exception must prove employer is grossly negligent)

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10
Q

Employer’s worker’s comp responsibilities

A

must obtain worker’s comp at no cost to employee

or be self-insured (requires approval)

display worker’s comp poster

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11
Q

consequences for employer not having worker’s comp insurance:

A

must pay all of the employee’s medical bills

they can be sued for torts

criminal offense: fine of up to $10,000 and one year in jail

Civil fines up to $100,000

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12
Q

employer’s responsibility when an employee mentions an injury

A

provide the employee with a claim form within one day

complete employer’s report of occupational injury

return complete claim form to employee

send claim form and employers report to claims administrator

accept or deny claim within 90 days

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13
Q

employer must compensate injured employee by authorizing $ and transitional work toward

A

$10,000 (within 1 day of receipt of claim form)

light duty

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14
Q

common problems for worker compensation, coming from employer

A

under-reporting payroll

claiming employees as independent contractors

overstating employee experience

not obtaining worker’s comp insurance

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15
Q

examples of employee fraud in worker’s comp

A

injury was not related to work

exaggerated injuries

fake injuries

pre-existing injuries

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16
Q

FUTA and SUTA stand for

A

Federal Unemployment Tax Act

State Unemployment Tax Act

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17
Q

Who pays for FUTA and SUTA

A

Employer

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18
Q

Paying for FUTA is for

A

Federal administration (Federal Government monitoring the states)

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19
Q

Paying for SUTA is for

A

administration and benefits for state programs

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20
Q

Criteria for a “covered employer” under FUTA

A

EITHER
Pay wages of $1500 in any quarter

employs 1 or more people in each of 20 weeks in a row (in current or previous year)

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21
Q

Coverage under California SUTA required for employer

A

if employer pays as little as $100

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22
Q

examples of what UI pays out

A

Salaries, wages, Bonuses, Commissions,

not reimbursements or for independent contractors

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23
Q

How are SUTA taxes rates determined?

A

Experience Rated (if employer costs more UI then they get a higher rate)

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24
Q

California SUTA rates range from

A

1.5%-6.2%

This is on the first $7000 of wages for each employee

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25
Q

SUTA tax for new employers

A

3.4%

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26
Q

what are the two FUTA tax rates

A

GROSS FUTA tax rate

NET FUTA tax rate

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27
Q

What is gross FUTA tax rate

A

6% of the first $7000

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28
Q

What is the NET FUTA tax rate

A

it is the amount actually paid out by employers

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29
Q

how is the NET tax rate determined?

A

reducing the gross FUTA tax rate by two credits

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30
Q

what are the two credits when determining NET tax rate

A

credit for paying SUTA tax on time

the additional tax credit is whatever is needed to get the total tax credit to 5.4%

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31
Q

reasons why an employer can pay more than 0.06% in NET FUTA tax

A

The employer did not pay the SUTA tax on time

Employer is in a “Credit Reduction” state

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32
Q

penalty for not paying SUTA tax on time

A

The SUTA tax credit is only worth 90% of the amount paid to the state

(additional credit is not increased to offset this loss)

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33
Q

what happens if State UI funds run out of money

A
Title XII (12) Advance
State borrows money but employers must pay more FUTA in order to pay back the loan (Within 1 year)
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34
Q

what happens for every year the TITLE XII is not paid back

A

the FUTA tax Rate increases 0.3%

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35
Q

California is expected to fully repay Title XII in what year?

A

2017

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36
Q

What is the leading cause of bankruptcy?

A

not having health insurance

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37
Q

tools for designing the right health plan for diverse groups

A

Flexible Spending Accounts

Cafeteria Plans

Health Savings Accounts (accumulates tax free)

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38
Q

what are Postpaid plans in health insurance?

A

paid AFTER care provided

Ex. Fee for service and indemnity plans

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39
Q

What are Prepaid plans in health insurance?

A

paid BEFORE care provided

Ex. HMO and PPO

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40
Q

what is prospective pricing?

A

a predetermined price

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41
Q

what is channeling in health care?

A

technique to move patients and employees to certain places ex. Kaiser patients must go to Kaiser

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42
Q

utilization review in health care is

A

it uses a utilization group within the department and they must give approval for the care or surgery before it takes place.

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43
Q

cost sharing in health plans

A

employee and employer share costs of with premiums, deductibles, and copayments

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44
Q

Process of plan design and maintenance of health plans

A

Design the best plan for the work group

Determine plan financing

Inform and educate employees

administer the plan

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45
Q

what are tiered rate structures

A

charging depending on the size of your family

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46
Q

what is COBRA

A

it continues healthcare after termination but allows only 18 months to stay on (29 months if disabled)

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47
Q

how much does employee pay for COBRA?

A

102% of employer’s cost

2% is for administrative fees

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48
Q

Penalty violation for COBRA

A

$100 per day per employee

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49
Q

how to finance retire healthcare continuation

A

Pay as you go
increase pension benefit
Incidental pension benefit
Voluntary Employees’s Benefit Association (similar to 401k)

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50
Q

types of medical plans

A

Basic Plan (similar to part A of medicare)

Prescription plans (similar to part D of medicare)

Major medical (similar to par B of medicare)

Catastrophic plans (high deductible plans)

Comprehensive plans (one plan that covers all of the above)

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51
Q

How do Fee for service/ Indemnity plans work? (how they use to be)

A

choose any care provider you want
annual deductible $500-$5000
after deductible you pay part of the bill
(very expensive)

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52
Q

How do PPOs work

A

Choose any provider but encouraged to choose “preferred providers”
with “preferred provider’ you pay 10% or small copayment
different care provider you pay 30% after deductible

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53
Q

Health Maintenance Organizations info

these are are capitations

A

use network providers

co-payment $15-$50

always includes manage care (need for pre approvals)

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54
Q

what is the insurance death spiral

A

Once healthy people start leaving the insurance pool premiums start to rise thus more healthy people drop out and the sick have to pay the higher premiums

55
Q

What does guarantee issue mean in Obama care

A

insurance can’t turn away people for preexisting conditions

56
Q

what is community rating in Obama care

A

charging one price for everyone (special exceptions such as age)

57
Q

Obama care expanded eligibility to more people in medicaid (medical)

A

TRUE

58
Q

Employers with 50+ employees and with 30+ hours/week must provide

A

health insurance to employees working 30+ hours
or
pay a fine of $2000 per employee per year

59
Q

info about everyone having health insurance

A

pay a fine if you don’t

fed subsidizes if you are 4x the poverty level

must pay 2% of income or at least $50

60
Q

how is the affordable care act paid for

A

more medicare tax on higher income earners

new medicare tax on investments

tax on insurance companies

40% tax on “Cadillac” policies (delayed until 2018)

reduction in medicare part C

tan tax

new taxes on drugs and medical devices

Reduce itemized deduction for health care

61
Q

Health Insurance companies can not have margins higher than 20%

A

TRUE

62
Q

health costs must equal what percent of premiums

A

80%

63
Q

Medicaid (medical) will be expanded to whom?

A

people with incomes below 138% of poverty level

64
Q

what is a problem with medicaid?

A

most doctors do not take medicaid
and
ACA reduces pay to medicaid providers

65
Q

who qualifies for insurance through the exchange.

A

those who do not have employer insurance or do not qualify for medicaid/medical

66
Q

the exchange allows a subside for people who are below

A

400% of the poverty level
$47080 for individuals
$97000 for family of four

67
Q

what is the name of the California exchange?

A

Covered California

68
Q

name the four standard plans on the exchange

A

Bronze (covers about 60% of the health costs)
Silver (covers about 70% of health costs)
Gold (covers about 80 % of health costs)
Platinum (covers about 90% of health costs)

69
Q

Do all states have a health care exchange?

A

yes and no… state who do not have their own exchange must use the federal exchange

70
Q

Who collects the penalty for not having health insurance.

A

IRS (but don’t go after you, instead they take it out of your refund)

71
Q

When does coverage begin after you sign up with insurer on the exchange?

A

there is a delay (not immediate)
if you apply by the 15th of the month it becomes effective on the 1st the next month
(must wait at least half a month)

72
Q

What is group term life insurance

A

it is between employer and insurance company for employee (works the same as regular term life)

73
Q

characteristics of group term life insurance

A

set for a specific time
renewable when you want
“pure insurance” pays only death benefits (no investment or cash value)
rates depend on age

74
Q

amount of insurance paid out from group term life insurance for employees are

A

income multiple method (most common)

Flat dollar amount

75
Q

Retire group term life insurance is rare because they are often older.

A

TRUE

76
Q

What are the conversion privileges for group term life insurance?

A

it can be converted into a private policy

77
Q

ADEA stands for

A

Age Discrimination Employment Act (can’t discriminate older than 40 )

78
Q

Employer premiums for group term life insurance are tax deductible up to

A

$50,000 of life insurance

extra insurance is taxable to Employees

79
Q

How are group life insurance premiums unusually structured?

A

after tax deduction (then payout benefits will not be taxed)

80
Q

what are pretax premiums?

A

premiums paid by non taxed income (benefit payouts will be taxed)

81
Q

what is the purpose of disability insurance?

A

replaces a portion of your income (if you can’t work anymore)

NOT FOR WORK-RELATED INJURIES

82
Q

examples of short-term disability insurance

A

worker’s compensation

State Disability Insurance (not work related)

Sick leave (employer benefit)

83
Q

What are some examples of long-term disability insurance?

A

Social Security

Worker’s comp (if permanently disabled)

Long-term Disability Insurance

84
Q

Is there underwriting for an employee benefit “group plan”

A

Usually no

85
Q

LTD optional benefit at work provided by employer has no underwriting until

A

the first 30 days

86
Q

there is always underwriting when purchasing

A

an individual plan

87
Q

Common characteristics of LTD insurance

A

replaces 50% to 80% of income

there is a waiting period (3 months to one year)

can end at 65 or last a life time

it can be any occupation vs your own occupation

88
Q

“any occupation” in LTD means

A

you only get benefits if you can’t do anything else

89
Q

“Your own occupation” in LTD means

A

you get benefits is you can do something else but not your profession

90
Q

employer premiums for disability insurance are

A

tax deductible

tax-free benefit to employees

91
Q

If employee did not pay the premium then the benefits are tax deductible.

A

TRUE in order for the benefits to be not taxed the insurance must be paid by already after-tax withholdings

92
Q

what do section 125 plans do?

A

allow employees to save taxes on
Dependent care costs

employee’s share of health premiums

out-of-pocket medical costs

93
Q

from 125 plans, employees lower their taxes on

A

FIT,SIT,OASDI,HI,SDI

94
Q

from 125 plans employers save taxes on

A

OASDI, HI, SUTA, FUTA

95
Q

How do 125 plans lower you taxable income?

A

Dependent Care,

out of pocket medical expenses

and health insurance premiums are taken out of your gross income (gross pay)

96
Q

what to do when signing up 125 plan for out of pocket medical.

A

enter a salary reduction agreement

limited to $2550 for the year

97
Q

how to change withholding amount in trust for plan 125 plan for out of pocket medical.

A

family status change (being married, divorcing, having a child)

98
Q

Employer must reimburse for 125 out of pocket medical even if

A

the withholding has not occurred yet

99
Q

Do use it or lose it rules apply to plan 125 out of pocket medical?

A

YES

100
Q

dependent children are in 125 plan for dependent care expenses until

A

they their 13th birthday (unless disabled)

101
Q

plan 125 for dependent care expense are limited to

A

$5000 per year

102
Q

general rule for families either better off with 125 plan for dependent care expense or child care credits.

A

higher income families better off with 125 plan

lower income plan is better off with child care cedits

103
Q

plan 125 dependent care cannot change deduction amount unless

A

family status changes

104
Q

use it or lose it rules apply to plan 125 dependent care

A

TRUE

105
Q

cost for employer having 125 plan and how can it be offset?

A

costs of establishing the program ($5k-$10k)

costs of administering program

losses for ADVANCES for out-of-pocket medical

offset by use it or lose it rules

106
Q

125 plans create significant tax savings on

A

FIT, SIT, OASDI, HI, SDI (State Disability Tax)

107
Q

What are the employer steps for implementing a 125 plan

A
  1. Create a plan (have a legal document for the IRS)
  2. Educate employees
  3. Hold open enrollment
  4. Payroll withholding
  5. Reimburse employee
  6. Report to employee, IRS, Franchise Tax Court
108
Q

What is the Federal Fair Labor Standards Act? (FLSA)

A

Set federal minimum wage ($7.25)

Overtime Laws (%)% extra if over 40 hours

Equal Pay

other work guidelines (ex. child labor laws)

109
Q

What are Fair employment laws?

A

Non-discrimination laws

110
Q

What tax form is used to report FUTA taxes?

A

Form 940

Form 8190 for small employers

111
Q

What is California’s current FUTA tax rate?

A

2.7%

112
Q

What would cause an employer to pay higher FUTA rates?

A

Employer did not pay SUTA tax on time

employer is in a credit reduction state

113
Q

Names of the Federal Health Care Law

A

Patient Protection and Affordable Care Act

Obama Care

114
Q

How many people are expected to enroll in California’s Health Insurance exchange?

A

2.3 million people

115
Q

What are the advantages of a group plan?

A

it is under long-term disability insurance and there is no underwriting

116
Q

What are the various features of life insurance?

A

there is group term life insurance

For specified period of time (1,510 years)

it is renewable

has no investment of cash value

117
Q

what is “pure” insurance

A

only pays out death benefits

118
Q

cost for employee for life insurance?

A

employer often pays full cost
Employees pay for additional insurance
but it varies by employer

119
Q

Employer premiums for life insurance are

A

a tax-deductible business expense

120
Q

what is the tax free benefit for employees (from life insurance)

A

$50,000 of life insurance

121
Q

What is the Federal Minimum Wage?

What is the California Minimum Wage?

A

$7.25 per hour

$10 per hour

122
Q

Basic elements of the IRCA?

A

Immigration and reform Control Act

123
Q

Federal Personal Responsibility and Work Opportunity Reconciliation Act PRWORA

A

allows for a database for to be able to find and people who need to pay child support

124
Q

Uniformed Services Employment and Employment Rights Act (USERRA)

A

It protects returning military members by having employers having to hire the returning veterans.

125
Q

What are the basic elements for the WARN Laws?

A

Must warn employees of mass layoffs

Federal: 50+ workers
not included less 20 hour worker or people who have been there less than 6 months

California: 75+ employees
not including people who have been there less than 6 months

126
Q

California Family Rights Act aka

and who pays for the taxes

A

Paid Family Leave

127
Q

Basic elements of FMLA

A

Family Medical Leave Act

employee has the right to have time off for medical reasons (does not provide any pay)

128
Q

What is the typical minimum employment period before an employee is eligible for paid vacation?

A

at least 3 months

129
Q

How many employers allow their employees to sell back unused vacation upon termination?

A

about 10%

130
Q

How many employers pay their employees for unused vacation upon termination?

A

87%

131
Q

How do employers provide combined sick leave and vacation allowance to employees?

A

Paid Time Off (PTO)

132
Q

What are the required rest and meal period in California?

A

10 minutes for each four hours

30 minute meal break if working 5+ hours

133
Q

What happens if an employee is not provided a rest period or meal period?

A

they are paid an extra hour

134
Q

What are the California requirements for paid sick leave?

A

Employer must provide written explanation of policy

advance notice or as soon as possible notice to employer

Sick leave for the absence is paid no late than the second pay period following the absence