State of California M E M O R A N D U M REFERENCE CODE: 2000-036 DATE: June 27, 2000 TO: Accounting Officers Employee Relations Officers Personnel Officers FROM: Department of Personnel Administration Labor Relations Division SUBJECT: Medicare Underpayments CONTACT: Michael T. Navarro, Labor Relations Officer (916) 324-0476, CALNET 8-454-0476 Email: MichaelNavarro@dpa.ca.gov On September 14, 1998, the Department of Personnel Administration (DPA) issued PML Memo 98-043 regarding the underpayment of Medicare taxes. As you may recall, DPA was advised by the State Controller's Office that as a result of erroneous entries on employee records, federally mandated Medicare taxes were not withheld properly from approximately 850 supervisory, managerial, and rank-and- file employees. In accordance with normal procedures, account receivables (A/R's) were established to collect the employee contribution amount from the affected employees. At the time the underpayments were identified the Controller's Office forwarded all required employer and employee Medicare tax payments to the federal government with the taxes being charged to agency accounts. The employee contribution was to be collected from the employee through the AR process. However, State agencies were advised to cease all collections until DPA noticed employee representatives and negotiated a uniform collection methodology to ensure that all similarly situated employees were treated in like manner. As part of the recently completed negotiations, the State has agreed that these underpayments will not be collected from any of the original 850 employees (including supervisors and managers) that were identified in 1998. For those A/Rs where monies were collected, agencies should refund the amount collected by Office Revolving Fund check. If the employee has separated, the agency should make a good faith effort to contact the former employee and return the funds. Do not reverse the A/Rs that currently exist, as this will result in funds being withdrawn from Medicare. Additional information regarding clearing the revolving fund advances and A/Rs will be provided at a subsequent date. If you have questions regarding the accounting process, please contact Glenda Clark, Department of Finance, Fiscal Systems and Consulting Unit, at (916) 445- 3434 ext. 2140, CALNET 485-3434 ext. 2140, e-mail FIGCLARK@DOF.CA.gov Employees should be informed that the payment of the Medicare taxes by the employer constitutes taxable income to the employee. Please report this income to the Controller's Office via form STD. 676P. (Refer to Payroll Procedures Manual, Section I 172.2 for form completion instructions. Use "AE" as the Item Code, "Per DPA PML # 2000-036" as the Item Description, "2000" as the Tax Year, "07/00" as the Pay Period, and "07/31/00" as the Issue Date. All dates should be current year.) This income is subject to Federal/State income and Social Security (if applicable)/Medicare tax withholding. Taxes will be withheld from a subsequent regular pay warrant. Taxes withheld will be indicated on the Earnings Statement or Direct Deposit Advice under Deductions as FED TAX ADJ, ST TAX ADJ, SS ADJ, MED ADJ (and included with any other additional withholding for that regular pay warrant). The income will be included on Form W-2 at the end of the year in Boxes 1 - Wages, tips, other compensation; 3 - Social Security wages (if applicable); 5 - Medicare wages and tips; 17 - State wages, tips, etc. and 12 - Benefits included in box 1. The form STD. 676P should be submitted to the Controller's Office by the 10th of the month for withholding taxes for that month. The latest date for submitting the form STD. 676P is October 10, 2000. This will ensure that the taxable gross will be reflected on the current year form W- 2. For separated employees, the Controller's Office will update their taxable gross and establish A/R's for the Medicare/social security taxes. A form W-2 will be issued even if they separated prior to this year. Should you have questions concerning the above, please do not hesitate to contact me at 324-0505 or E-mail me at the address listed above. Sincerely, Michael T. Navarro Labor Relations Officer