Delaware § 2391 Taxes on premiums of insurance carriers and payrolls of self-insurers

Delaware Statutes

§ 2391 — Taxes on premiums of insurance carriers and payrolls of self-insurers

Delaware·Title 19·Part Workers’ Compensation·Subch. Taxes and Charges Upon Insurance Carriers and Self-Insurers; Workers’ Compensation Fund

(a)For the privilege of carrying on the business of workers’ compensation insurance in this State, every insurance carrier shall pay the taxes imposed under the Insurance Code, and every employer carrying the employer’s own risk and thereby insuring the employer’s own self under this chapter shall pay the taxes imposed by this section.

(b)Every employer carrying the employer’s own risk, and thereby insuring the employer’s self under this chapter, shall annually on or before January 30 report under oath to the Department the total amount of the employer’s payroll for the preceding calendar year, classified in accordance with classifications approved by the Department for the purpose of fixing compensation rates. The Department may verify such classifications and such statement of payroll

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(a) For the privilege of carrying on the business of workers’ compensation insurance in this State, every insurance carrier shall pay the taxes imposed under the Insurance Code, and every employer carrying the employer’s own risk and thereby insuring the employer’s own self under this chapter shall pay the taxes imposed by this section.

(b) Every employer carrying the employer’s own risk, and thereby insuring the employer’s self under this chapter, shall annually on or before January 30 report under oath to the Department the total amount of the employer’s payroll for the preceding calendar year, classified in accordance with classifications approved by the Department for the purpose of fixing compensation rates. The Department may verify such classifications and such statement of payroll by inspection and audit at the expense of the employer, and such verification shall be made by the rating bureau or association provided for in § 2607 of Title 18. The charges to self-insurers shall be the same charges which other insurance carriers are required to pay under this chapter. The Department shall assess against such payroll a tax computed by taking 4% of the amount of premium payable upon the payroll so ascertained in accordance with the classifications and premium rates approved by the Department for insurance against liability under this chapter. No employer shall become or continue a self-insurer under this chapter, except upon the payment of the tax for the previous calendar year. The moneys so assessed against and paid by insurers who carry their own risks shall be paid to the Department of Labor, Division of Industrial Affairs. Such sums shall be part of the General Fund of this State.

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Legislative History

Code 1915, § 3193eee; 30 Del. Laws, c. 204 ; Code 1935, § 6127; 42 Del. Laws, c. 55, § 3 ; 19 Del. C. 1953, § 2391; 57 Del. Laws, c. 741, § 29A ; 61 Del. Laws, c. 152, § 1 ; 66 Del. Laws, c. 382, §§ 8, 9 ; 67 Del. Laws, c. 260, § 1 ; 68 Del. Laws, c. 9, §§ 66, 67 ; 70 Del. Laws, c. 172, §§ 3, 4 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 84, § 3 ; 73 Del. Laws, c. 266, §§ 2-4 ; 85 Del. Laws, c. 58, § 1