Ohio Admin. Code 742-8-07 - Penalties and interest under section 742.352 of the Ohio Revised Code
(A) Pursuant to the
authority outlined in division (C) of section
742.352 of the Revised Code, the
board of trustees hereby modifies the statutory penalties and interest in
accordance with the following provisions.
(B) Subject to the provisions of paragraph
(D) of this rule, an employer with no more than twenty members shall be
penalized for failing to transmit reports and payment in accordance with
sections 742.32 and
742.56 of the Revised Code and
corresponding administrative rules or payments in accordance with section
742.35 of the Revised Code as
follows:
(1) If a report or payment is at
least one but not more than fifteen days past due, fifty dollars;
(2) If a report or payment is at least
sixteen but not more than sixty days past due, one hundred dollars;
(3) If a report or payment is at least
sixty-one but not more than one hundred eighty days past due, the greater of
five hundred dollars or two per cent of the payment.
(4) If a report or payment is at least one
hundred eighty-one days but not more than two hundred forty days past due, the
greater of one thousand dollars or three per cent of the payment;
(5) If a report or payment is at least than
two hundred forty-one days past due, the greater of three thousand dollars or
four per cent of the payment.
(C) Pursuant to division (C) of section
742.352 of the Revised Code, an
employer with twenty-one or more members shall be penalized for failing to
transmit reports and payment in accordance with sections
742.32 and
742.56 of the Revised Code and
corresponding administrative rules or payments in accordance with section
742.35 of the Revised Code as
follows:
(1) If a report or payment is at
least one but not more than fifteen days past due, one hundred
dollars;
(2) If a report or payment
is at least sixteen but not more than sixty days past due, the greater of five
hundred dollars or one per cent of the payment;
(3) If a report or payment is at least
sixty-one but not more than one hundred eighty days past due, the greater of
one thousand dollars or two per cent of the payment.
(4) If a report or payment is at least one
hundred eighty-one days but not more than two hundred forty days past due, the
greater of three thousand dollars or three per cent of the payment;
(5) If a report or payment is at least two
hundred forty-one days past due, the greater of seven thousand five hundred
dollars or four per cent of the payment.
(D) Notwithstanding the provisions of
paragraph (B) of this rule, employers with no more than five members shall have
a cap on penalties equal to five hundred dollars for each failure to transmit
reports and payment in accordance with sections
742.32 and
742.56 of the Revised Code or
payments in accordance with section
742.35 of the Revised Code. Such
employers shall also be eligible to participate in the payment plan outlined in
rule
742-7-15
of the Administrative Code to the extent that they require an additional amount
of time to repay penalties and interest.
(E) The provisions of this rule
shall apply to employers that have incurred or outstanding penalties and
interest after December 31, 2004 so OP&F will make a refund or credit for
any employers who have paid penalties and interest after December 31, 2004 that
would be entitled to reduction after the application of the provisions of this
rule.
Notes
Promulgated Under: 111.15
Statutory Authority: 742.10, 742.352
Rule Amplifies: 742.352
Prior Effective Dates: 03/20/2006 (Emer.), 04/03/2006 (Emer.), 05/15/2006, 04/07/2016
Promulgated Under: 111.15
Statutory Authority: 742.10, 742.352
Rule Amplifies: 742.352
Prior Effective Dates: 3/20/06 (Emer), 4/3/06 (Emer), 5/15/06
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