State of California M E M O R A N D U M REFERENCE CODE: 2000-067 DATE: November 27, 2000 TO: Employee Relations Officers Accounting Officers Personnel Officers FROM: Department of Personnel Administration Labor Relations Division SUBJECT: Medicare Underpayments CONTACT: Julie Chapman, Labor Relations Officer (916) 324-9420 FAX: (916) 322-0765 Email: juliechapman@dpa.ca.gov On June 27, 2000, the Department of Personnel Administration (DPA) issued PML Memo 2000-036 regarding the underpayment of Medicare taxes. This memorandum is to inform departments of the status of this matter. As you are aware, at the time that the underpayments were identified in 1998, the Controller's Office forwarded all required employer and employee Medicare tax payments to the federal government. As a result of negotiations, the State agreed not to collect the employee's underpayments from the original 850 employees that were identified in 1998. In PML Memo 2000-036, Departments were directed to inform the affected employees that the payment of the medicare taxes by the employer constitutes taxable income to these employees. In addition, departments were instructed to report this income utilizing the STD 676P process. This would include the taxable income on the Form W-2 and would generate Federal/State income and Social Security (if applicable)/Medicare tax withholding from a subsequent regular pay warrant. The deadline for submitting the STD 676P to the Controller's Office was October 10, 2000. To date, only 170 Std 676s have been received of the 850 affected employees. Consequently, DPA has instructed the Controller's Office to identify the remaining 680 employees and automatically include the taxable income (medicare underpayment amount) on the 2000 Form W-2. The affected employees will be responsible for any Federal and/or State income tax due as a result of the additional income reported on the Form W-2 when they file their tax return for 2000. Accounts Receivables (A/R's) in the form of "agency collection" will be automatically generated for the Social Security (if applicable)/Medicare tax withholding resultant from the additional taxable income. Departments can work out a payment plan with employees for the months of January, February and/or March 2001 for these collections. However, these account receivables must be collected by April 1, 2001. The Controller's Office will be sending departments the listing of affected employees by the end of November. This listing will include the name, social security number, position number and the amount the Controller's Office will use to increase taxable gross and calculate respective A/R's. A contact person will also be provided to report any discrepancies in the employee listing. Should you have any questions regarding this matter, please contact Julie Chapman at (916) 324-9420. Sincerely, Gloria Moore Andrews Chief of Labor Relations