Workers' Compensation Surcharges

39-71-201 MCA (Admin)
39-71-915 MCA (SIF)
50-71-128 MCA (Safety)
 

Each insurer providing workers' compensation insurance shall collect from its policyholders the surcharge amount at the same time and in the same manner that the premium for the coverage is collected. There is an administration fund premium surcharge and a subsequent injury fund premium surcharge. 

Each insurer shall pay to the department all money collected as a premium surcharge within 20 days of the end of the calendar quarter in which the money was collected. 

If an insurer fails to timely pay to the department the premium surcharge collected, the department may impose on the insurer an administrative fine of $500 (for administration and safety funds) and $100 (for subsequent injury fund) plus interest on the delinquent amount at the annual interest rate of 12%.

Info for: All Plan 2 carriers (Montana Work Comp Insurance carriers)
Plan 3 - Montana State Fund

Rates Effective as of:
Administrative
Fund Premium
Surcharge Rate
(MCA 39-71-201)
Subsequent Injury
Fund (SIF) Premium
Surcharge Rate
(MCA 39-71-915)
Stay at Work/ Return to Work (SAW/RTW) Premium Surcharge Rate
(MCA 39-71-1050) 
Occupational Safety & Health Premium Surcharge Rate
(MCA 50-71-128)
7/1/2023 0.010318 0.005081 0.000000 0.004698
7/1/2022 0.021754 0.004466 0.000000 0.005290
7/1/2021 0.021020 0.005410 0.000000 0.007991
7/1/2020 0.016159 0.004368 0.000000 0.008076
7/1/2019 0.015121 0.002155 0.000000 0.008429
7/1/2018 0.013644 0.003638 0.000000 0.009845
7/1/2017 0.014749 0.002701 0.000000 0.006684
7/1/2016 0.015592 0.006186 0.000000 0.007156
7/1/2015 0.019775 0.002084 0.000000
​7/1/2014 ​0.018369 ​0.004597 ​0.000000
7/1/2013 0.019328 0.003427 0.000000
7/1/2012 0.018901 0.000512 0.000000
7/1/2011
0.020775
0.001248
0.000820
7/1/2010
0.019177
0.002840
7/1/2009
0.015281
0.001734
7/1/2008
0.011836
0.001240
7/1/2007
0.012670
0.001130
7/1/2006
0.016092
0.000000
7/1/2005
0.010466
0.000000
7/1/2004
0.011638
0.001355
7/1/2003
0.020019
0.000297
7/1/2002
0.023642
0.000127
7/1/2001
0.026126
0.000000

The surcharge rates will change for each subsequent fiscal year. Rates will be calculated each April and will be effective on July 1. 

Each insurer providing workers' compensation insurance shall collect from its policyholders the surcharge amount at the same time and in the same manner that the premium for the coverage is collected. The premium surcharge should be billed on "Earned Premium."  Terrorism premium is included in the amount collected. The surcharge amount must be stated as a separate cost on an insured employer's policy or on a separate document submitted to the insured employer.

The administration fund premium surcharge must be identified as the "workers' compensation regulatory assessment surcharge".  The subsequent injury fund premium surcharge must be identified as the "workers' compensation subsequent injury fund surcharge". Each insurer shall maintain reasonable records showing the total amount of premium surcharge billed to its policyholders and the total amount of premium surcharge actually collected. The premium surcharge must be excluded from the definition of premiums for all purposes.

Each insurer shall collect the premium surcharge levied against every employer that it insures. Each insurer shall pay to the department all money collected as a premium surcharge within 20 days of the end of the calendar quarter in which the money was collected. If an insurer fails to timely pay to the department the premium surcharge collected, the department may impose on the insurer an administrative fine of $500 (for administration fund) and $100 (for subsequent injury fund) plus interest on the delinquent amount at the annual interest rate of 12%. The remittal form has been revised and will be mailed under separate cover.

Surcharge Remittal Form

Workers' Compensation Regulation Bureau
Employment Relations Division
PO Box 8011
Helena, MT 59604-8011

Operations Bureau
(406) 444-6543
amclean@mt.gov

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