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employer overpaid insurance premium

An insurance premium may be considered taxable income to you in certain cases (for example, coverage for group-term life insurance that exceeds $50,000 and is carried directly or indirectly by an employer). dental exam), may be returning premiums paid to employers or giving a reduction in the monthly premium as a good faith gesture. It helps to minimize employee attrition rate. If income is greater than 10 crores the surcharge will be 12%. If salary reductions were pretax, the refund generally will be taxable income subject to employment taxes. For premium fraud to be present, an insurance company must establish intent. The employees contributed 100% of the premium, so 100% of the rebate would need to be used for the benefit of the employees. Premium and Maturity Calculator – All LIC Policies. In the blog below, you'll learn more about the COBRA Offered to Spouse When an Employee Elects Medicare. For plans with fewer than 100 participants, salary reduction contributions deposited with the plan no later than the 7th business day following withholding by the employer will be considered contributed in compliance with the law. My employer paid about 60% of my insurance and I paid 100% of my spouse's insurance. In key man insurance, one can only purchase term life cover. If employer pays any insurance premium on behalf of his employee then it will be regarded as income of the employee and it will be added in the gross salary as perquisite U/s 17(2)(V) . This puts a little bit of the responsibility on you even if you didn't realize they enrolled you by default. I deducted my estimated workers comp premium in 2016 on Schedule C. It turns out I overpaid so they sent me a refund in 2017 for a portion of it. (Employee can claim IT rebate u/s 80C on the premium paid if required.). Insurance premiums are paid for policies that cover healthcare, auto, home, and life insurance. A separate letter mentioning the ‘object of insurance’ and the ‘restrictions’ the employer desires to impose has to be obtained. bankruptcy) and the carrier due to nonpayment of premium, ends up canceling the insurance plan retroactively, any employee who saw a health care provider during the grace period may find themselves faced with denied claims, or receive bills from providers for health care visits previously paid which the carrier is recouping. Fiduciaries have important responsibilities and are subject to standards of conduct because they act on behalf of group health plan participants and their beneficiaries. The Employer should undertake to assign the policy to the Employee absolutely upon the Employee continuing to remain in employment with the Company for a period specified by the Employer.Usual period is around 3 to 5 years. Guidance suggests this allocation must occur within three months of receipt, or the plan assets must be held in a trust. If the possibility exists the employer may not be able to pay their debt, the employer should consider canceling the insurance coverage and providing honest and accurate information to employees about their benefits. Read More: How to enhance benefits in Employer-Employee scheme – Specialized techniques. Anyone who exercises any discretionary authority or control over a plan; exercises any authority or control over a plan’s assets; has any discretionary authority in administering a plan is deemed to function as a fiduciary under ERISA, even if not named as a fiduciary in the plan’s governing documents. Note: Any person who is a decision-maker regarding a Plan, is an ERISA fiduciary. Maturity amount will be tax-free u/s 10(10D) of the Income Tax Act. I understand that I can withdraw my consent at any time. The refund is a return of contributions originally withheld from the employee’s paycheck on a post-tax basis, therefore the refund provided to employees generally will not be subject to income taxes. Congress Passes a Second COVID-19-Related Stimulus Package, Compliance Matters: COBRA Offered to Spouse When Employee Elects Medicare. Do you currently work with Alera Group or use any Alera Solutions? If Mike's monthly premiums for his health insurance coverage are $200, then the employer can take $100 out of each of the two paychecks that Mike receives for the month. He thoroughly follows the developments in finance, insurance, and other related sectors. Most often, claims are the reason a business’s workers’ compensation insurance premium increases. Peanut’s Candy Store could decide to provide a $25 refund to each employee via their next paycheck. An employer, upon audit, may have to substantiate how they determined which portion of the carrier refund was a plan asset and how these assets were allocated. These responsibilities include: If a plan provides for salary reductions from employees’ paychecks for contribution to the plan or participants pay directly, such as the payment of COBRA premiums, then the employer must make plan insurance premium payments or deposit the contributions in a plan trust, in a timely manner. If the employer is delaying payment of the carrier invoice but due to unforeseen business circumstances is unable to catch up (e.g. The adjustment is calculated separately and added to the workers insurance premium. 39,00,000. If employers can reasonably deposit the contributions sooner, they must do so. The law requires that participant contributions (i.e. Likewise, other benefits an employee thought they had available to them, (e.g. When the annual rate of health insurance premium increases are compounded over time, the rate of inflation is astounding. Entire maturity proceeding will be tax-free u/s 10(10D) of the income tax act. If salary reductions have occurred that were not sent to the carrier, these should be returned to the employee. This may help alleviate employee relations issues arising if employees learn about carriers providing refunds to employers. If an employer discovers during the preparation of the T4 slips that they have over deducted EI premiums or CPP contributions from one of its employees, the employer should include the overpayment on the employee’s T4 slip and show the correct insurable and pensionable earnings in boxes 16 and 18. If an employer withholds employee salary reductions but does not use the funds in a timely manner or misuses the funds (e.g. what not to do with the Plan’s assets) and breach of fiduciary duty. If a carrier provides a reduction in the monthly premium for a plan which is 100% paid by employee salary reductions (e.g. Yesterday I finally received a letter from the insurance company confirming the cancellation. no employer contribution), employers should reduce the employees’ salary deduction accordingly. Even though in both cases employer purchase a policy on employee, the two are very different. Employer Coverage: If you get health insurance from your workplace, then your company usually pays some or all of your premium. The company is now asking me for a $4,000 check. for overpayments refundable due to a decision by the Minister of National Revenue or by the court, no later than 30 days after the decision is communicated to you or the employee. CONSEQUENCES OF FAILURE TO FULFILL FIDUCIARY DUTIES. The expenditure should not be of the type of expenses already covered under sections 30 to 36 of this Act. This scheme works as a reward programme for employees and helps in raising their morale. In general, the portion of a refund that is attributable to participant contributions would be considered plan assets. The employer is entitled to get exemptions for the premium amount (whether it is under single or non-single mode) u/s 37(1) of Income Tax act as business expenses of the firm. Is a refund of overpaid workers comp insurance premiums taxable income? Maximum Sum Assured will depend on the financial underwriting rules and existing insurance on the life of the employee. Posted on 08 July 2020. fiduciary responsibilities). Form number 340 or 300 has to be used respectively for the employer or employee being the proposer of the scheme. For months when there are three pay days in a month, Mike's third check would not have any health insurance premiums deducted. In key man the insurance benefit on death is paid to the company and is subject to income tax. For participant contributions to cafeteria plans (also referred to as Internal Revenue Code Section 125 plans), the Department will not assert a violation solely because participant contributions were not held in trust. In the case of LIC, form number 340 has to be used. If carriers have provided a refund, employers may want to consider providing the employee’s share of the refund in the form of a future premium reduction, or cash (subject to appropriate tax treatment.) Average Health Insurance Premiums If you’re looking for a single standard health insurance price, there’s no correct answer. Anish L J is a ‘Financial Planner’ and member of Chartered Insurance Institute(CII), London and Insurance Institute of India. Expenses should not be in the nature of the personal expenses of the assessee. I discovered this when I went through pay slips for my tax filing and I informed HR immediately. I overpaid money to an Insurance firm for a premium wife - her plan has supposedly matured and also she asked for a divorce - when I learn of that fact I have cancelled my stake holder pension in mistaken belief that i cancelled her stake holder pension. virtually all private-sector employers who establish or maintain a welfare benefit plan, fund or program for their employees). 30,00,000) will also become the liability of the company. Even though the premium amount is paid by his employer, the employee can claim income tax exemption u/s 80C. The employer can continue the premium payment even after the assignment, if he wishes. ERISA has a “functional” definition – it is not dependent on job title or documents. They want me to pay them the gross amount and then reclaim the tax from tax agency. however the following two insurance premium paid by the employer on behalf of employee shall not be taxable for employee: Employer’s National Insurance contributions Calculation codes, rates, zones and payment Financial activity tax on salary Applies to the finance and insurance sector Special groups International, seafarers, tax-free organisation, withholding tax on pensions, net salary, Jan Mayen and Svalbard The trouble is, my employer won't refund the overpaid NI, claiming that their payroll system isn't set up to do that. All plans and all modes are allowed for this scheme. Due to lack of utilization during the pandemic, an insurance carrier may voluntarily return premiums to an employer. A surcharge of 7% is levied in case the turnover of a company is more than Rs.1 Crore for a specific financial year but less than 10 crores. Read Complete Guide on Tax benefits of Employer- Employee Scheme, Let us consider the situation in the absence of the E-E insurance scheme, Profit of the company would have increased by Rs. My employer accidently overpaid me on my final pay and now they want me to repay them £100 a month or they say they will pass the debt onto debt collectors. No need of assignment of the policy from the employer. He is also a finance, insurance and software consultant. Employee is the owner of the policy without any restrictions. Employers who have based participant contributions off of maximum total costs and find themselves with lower expected costs, may want to consider reflecting the low utilization in their 2021 calculations. So the total tax liability of the company will be Rs. There are 15 employees enrolled in vision coverage. During this pandemic, many employers are having to curtail operations and are going through the difficult process of finding cost-saving measures because of the sudden reduction in revenue caused by the various COVID-19 related state and local government orders. Alera Group Acquires Todd Associates, Inc. Alera Group Releases 2021 Property and Casualty Market Outlook. I'm not sure how - or anyone in this situation - and there may be thousands of us - can go about claiming the money back. However, in employer-employee scheme the benefit is paid to the employee and is tax free. However, employers, should be aware of possible consequences before taking advantage of these carrier grace periods and also understand how they may utilize the premiums returned to them, if their plans are subject to ERISA (i.e. My employer overpaid me about $2,500 net last year. To download. The employees who elect coverage pay 100% the cost of coverage pretax via their S.125 plan. Employers should keep in mind, when refunding premiums to employees the tax consequences depending on whether the salary reductions were made on a pre-tax basis through a Section 125 plan, or post-tax. Medical Insurance Premium Paid By Employer. Overpayments can also occur when benefits are overpaid such as holiday pay, annual leave, parental payments and more. An employer who fails to secure an insurance is liable to a maximum fine o… The employees who elect coverage contribute 50% of the premium on a post-tax basis. life insurance) an employee or beneficiary may discover that plan too was canceled and benefits not available. Any amounts that are attributable to participant contributions are plan assets. If recipients end up earning more than anticipated, they could have to pay back some of the subsidy. group health plan) including how plan assets must be handled by those administering or managing the plan (i.e. Regardless of the cause, employers must be careful when trying to recover an overpayment and know that success is not always guaranteed. Employer Insurance Premium Payment Grace Periods & Premiums Returned to Employers Inadvertent ERISA Issues. However, many plan documents will include plan language indicating that participant contributions are used to pay claims prior to using employer funds, therefore it is possible any surplus, refunds or other adjustments in fees belong to the employer. Helps the employer to enjoy tax rebates on the premium paid. The employer can continue to pay premium even after the prefixed ownership period and avail the tax benefits. Employers that wish to take advantage of the carrier’s grace period or receive a refund, to avoid missteps that could result in legal or tax liability, as well as mitigate any disastrous impact on their employees, should consult with their legal counsel to fully understand the administrative, tax or legal impediments to any contemplated action. Or participants, upon learning about a refund, may inquire about the status and sue for breach of fiduciary duties. If any part of the refund is a plan asset, the employer must decide, consistent with ERISA’s fiduciary rules, how to allocate the refund, such as distributing to participants, enhancing plan benefits or reducing future participant premiums. That’s why a robust safety program at your business is not only the right thing to do for your employees, but … in the employer company should not exceed 51 %. AL Machine Shop could decide to reduce each enrolled employee’s pretax contribution to the next pay period by $10. Therefore, local insurance companies offer insurance to target the employers’ obligation of employees’ compensation, and the ordinance also compels all employers to purchase and maintain sufficient and valid compulsory insurance for all of their current employees, to cover employer’ liabilities under the ordinance and also at the common law in the event of employees’ injuries, disease, and death in the course of their employment. E-E Insurance scheme – benefits to the employer, Section 37(1) of Income Tax Act – Important points to remember, Employer Employee scheme -Benefits to the employees, Type A – Employer is the proposer and Employee the Life Assured, Type B – The Employee is the proposer and Life Assured, Corporate Tax Rate for Domestic Companies in India, How the employer is benefited even if there is a tax liability, Employer Employee Insurance scheme – Important points to remember, Employer Employee Scheme Vs Key man Insurance, How to enhance benefits in Employer-Employee scheme – Specialized techniques, Complete Guide on Tax benefits of Employer- Employee Scheme, Top ELSS tax saving mutual funds to invest, Top Mid cap Small Cap mutual funds to invest in 2017-18, E-Employee scheme – Tax benefits explained, LIC Bonus Rates 2017-2018 | with Charts and Illustrations, LIC Bonus Rates 2020 – 2021 | All details with illustrations, LIC Jeevan Shanti – 850 (Revised) Unique Pension Plan, Jeevan Akshay VII (857) – All details with calculators, Smart – All In One Calculator (Android App), LIC’s Nivesh Plus (849) – Authentic review with calculators and illustrations, LIC’s SIIP (852) – Unit Linked Plan – Monetize market opportunity, LIC IPO – Detailed analysis and exquisite guide, LIC Jeevan Labh 936 – Indepth analysis and maturity calculator, LIC Jeevan Umang 945 (Revised) – Details, maturity and surrender value calculator, Income Tax 2020 – Best Option Selection Helper (Calculator), LIC’s Jeevan Shree Plan 112 -All details with calculators, LIC redesigns eServices and launches Premier Services, LIC Jeevan Anand 149 – Features, Benefits and Maturity Calculator, Let the premium of the policy taken under Employee scheme be 1 crore, Premium of 1,00,00,000 paid by the employer on behalf of the employee, Premium paid by the employer is treated as perks to the employee, Employer can pay income tax on behalf of the employer u/s 192(1A) on the perks of the employee, Rs 1 crore as perqs U/S 17 (2) V of income tax act will attract a tax of 30,00,000 @ 30 %. Nett Benefit on tax payment = 52,72,770 – 39,00,000 = Rs 13,72,770 (Per Year). Any company, Partnership firm, or even proprietary concern shall be eligible for taking insurance for their employees under this scheme. If you are an employer with wages in the mining industry, you are required to pay a mine safety fund premium adjustment. Let us have a detailed look at it. Employer-Employee Insurance Scheme is an insurance arrangement between the two, where, the employer purchases an insurance policy for the employee. Since January 31, 2021 every week $143 was deducted from my paycheck for health insurance. This can catch people off guard, especially since the tax credits are paid directly to the insurance carriers, but if overpaid, they must be returned by the insureds themselves. Can Proposal for own life has to be used (in case of LIC form number 300 is used). It is natural to confuse E-E insurance with key man. Note: Any employee who believes that their employer is making deductions illegally may make a complaint to the Labour Inspectorate (via the Employment New Zealand phone line … ERISA does not expressly define plan assets, however, there are regulations describing what constitutes plan assets with respect to participant contributions. Subsequently I have realised this fact and found that I was paying two premiums. Determining whether any part of the refund is a plan's asset, is based on factors such as the terms of the plan document and whether employees paid any portion of the premiums. How is it possible? If a patient pays more than they are required to, the patient must be notified as soon as the overpayment is … It is simply a financial fact that more claims lead to greater costs. A health insurance premium is an upfront payment made on behalf of an individual or family in order to keep their health insurance policy active. On the other hand employer-employee structures can be used for any kind of insurances. let us have a detailed look. tax consulting fees). This arrangement is based on the principle that the employer has an insurable interest in his/her employees. If the Employee quits the job within the specified period, the Employer can either surrender the policy for its surrender value to the insurance company or absolutely assign the policy to the employee as a part of the terminal benefits. It helps to minimize the employee attrition rate. Maturity proceeds will be available to the employee only. News » The employee will feel to be more secured and honored and naturally, the loyalty to the employer is enhanced. Exemption u/s 37(1) can bring monetary benefits to the company. In addition, some fully insured carriers, knowing employees have not been able to utilize their insurance due to non-emergency services being closed (e.g. Employer Insurance Premium Payment Grace Periods & Premiums Returned to Employers Inadvertent ERISA Issues May 11, 2020 During this pandemic, many employers are having to curtail operations and are going through the difficult process of finding cost-saving measures because of the sudden reduction in revenue caused by the various COVID-19 related state and local government … If the participants and the employer each paid a fixed percentage of the cost, a percentage of the refund equal to the percentage of the cost paid by participants would be attributable to participant contributions. Consequently, an employee, dependent or beneficiary may sue if they were improperly denied benefits, coverage or reimbursement. The policy shall be assigned to the life assured (employee) as per an agreement between the Employer and Employee. If employers receive a surplus or refund, the terms of the plan should be reviewed before deciding a course of action. Many fiduciaries fail to understand that they can be held personally liable for a breach of fiduciary duty, even when the breach is unintentional. An employer therefore has no mandate to enforce an employee’s private debt. A critical consideration is the viability of the business long term if the COVID-19 state of emergency continues and the employer’s ability to pay back the premiums owed in the future. Many carriers are allowing, and some states are requiring insurance policies to remain in force even if premiums are not paid timely. If an employee disagrees that he owes the overpayment, he must sue the employer to recover the deduction of wages. Death claim, if any, shall be paid to the nominee, nominated by the employee. In these two situations, the contract will work in two different methods. Nor is it permissible to use plan assets to pay for expenses that are for the benefit of the employer, (e.g. ERISA sets minimum standards and requirements for welfare benefit plans (e.g. There is no de minimis exception to ERISA's fiduciary rules for the use of plan assets. Employer Insurance Premium Payment Grace Periods & Premiums Returned to Employers Inadvertent ERISA Issues, IRS Relaxes Election Change, Other Rules for Cafeteria Plans and FSAs. An employee can be overpaid through payroll by paying a bonus that hasn’t been awarded, or paying too much overtime or commission. Shares. 1,30,00,000, On the other hand, if the E-E insurance policy is taken, only Rs 39,00,000 has to be paid. Combined shareholding of the employee and his or her relatives such as a spouse, children, in-laws, parents, siblings, etc. The total cost of the average employer-sponsored family health insurance premium increased from $13,375 in 2009 to $16,834 in 2014, and then $20,576 in 2019. If the discounted premium falls below the minimum premium, then the minimum premium applies. The expenses are incidental to the business of the assessee and directly spring from the carrying on of it. Unless your employer covers 100% of the premiums for the insurance available through your current job, your paycheck should have reflected the amount they have been deducting for your portion of costs. If an employer has decided they will not be returning a portion of the refund directly to employees, they may want to consider proactively communicating with employees how they intend to use the plan asset portion of the refund for the employee’s benefit. A flat rate of 25% corporate tax is levied on the income earned by a domestic corporate. The rate for 2020-21 is 0.6325%, down from 1.01310%. Insurance and financial maters made simple – Personal Finance Blog. An insurance premium is the amount of money an individual or business must pay for an insurance policy. 50% of $750 or $375 would need to be used for the benefit of plan participants. The premium is paid by the employer in type A until the policy is assigned to the employee (usually within a pre-specified period). Easy Compare – Drag and Drop tool to compare LIC Plans easily. Employer Safety Incentive - small and experience-rated employers All employers with a standard policy will get a 7.5 per cent Employer Safety Incentive premium discount at the beginning of each policy period to assist you to make your workplace safe. Updated December 28, 2020 to reflect that the bill has been signed by President Trump In either case, it is important that the overpayment is promptly returned to the appropriate person or payer. To the extent that these distributions are considered to be plan assets, they become subject to fiduciary responsibility and prohibited transaction provisions of ERISA. Proposal form for another life has to be used. The interesting fact is that both the employee and the employer is benefited through this arrangement. By submitting this form, I agree I want to receive additional information from Alera Group, including by email, phone, and mail to the contact information I am submitting. This field is for validation purposes and should be left unchanged. 0. Tax on the tax paid (Rs. Would like to how,,,on assignment of policy in case if employee-employer insurance where employer pays the premium Since assignment happens on surrender value,and employee needs to pay tax on notional surrender value,,,,,can there be an agreement on lower surrender value between employee-employer so that the tax liability on employee is reduced. Insurance policy can be selected in such a way that it provides security to the employees against illness, accident/disabilities and early death. There should be a relationship between employer and employee as the employee earns a salary for his services provided to the employer. The proposal should be signed by a person authorized by resolution. Peanut’s Candy Store offers Ojo Insurance vision plan to its full-time employees. If they simply cut you the wrong check amount, and the settlement paperwork shows that they overpaid you, then you have to pay it back. Like. I consent to Alera Group, its subsidiaries, and its service providers, processing my personal information for these purposes and as described in the Privacy Notice. Expenses should have been incurred in the relevant accounting year. The premium is the basis of your "insurance payment." Employees who are on the payroll of the company can avail the benefit of the employer employee insurance policy. We are passionate about our clients’ success in the areas of employee benefits, property and casualty, risk management and wealth management. However, if participants paid the entire cost of the insurance coverage, then the entire amount of the refund would be attributable to participant contributions and considered to be plan assets. Thus, if the employer paid the entire cost of the insurance coverage, then no part of the refund with respect to this particular policy would be attributable to participant contributions. Click here to access our coronavirus (COVID-19) resource center. There are 100 employees enrolled in dental coverage. Expenses should be in respect of the business carried on by the assessee and the profits of which are to be computed and assessed and should be incurred after the business is set up. Many organisations provide health insurance benefits to its employees as a part of its HR policy. The Mine Safety Fund premium adjustment rate is set annually. If the employer is the proposer, the policy should be assigned to the employee within a reasonable period of time. Of conduct because they act on behalf of group health plan participants and their beneficiaries assets. Terms of the employer can continue to pay back some of the policy from the policy should be unchanged! The owner of the responsibility on you even if you are an employer group health insurance are... I understand that I was paying two premiums a domestic corporate to lack employer overpaid insurance premium during! Deducting it from future wages, after discussion with the employee earns a salary for services... The employer overpaid insurance premium premium for a plan, fund or program for their employees.! Reasonably deposit the contributions sooner, they must do so Offered to spouse when Elects. 340 has to be used legally entitled to recover an overpayment and know that success is not always guaranteed the. And Drop tool to Compare LIC plans easily additional tax of 9,00,000 on employer overpaid insurance premium paid... The monthly premium for a $ 4,000 check of it would be considered a plan which is 100 % cost... Exemption u/s 80C on the payroll of the Personal expenses of the.... Hand employer-employee structures can be selected in such a way that it provides security to the next period! Regulations describing what constitutes plan assets, however, in employer-employee scheme the benefit of the company the liability the! Eligible for taking insurance for their employees as a reward programme for employees helps. Faith gesture funds ( e.g in both cases employer purchase a policy on employee dependent... Have realised this fact and found that I can withdraw my consent at any time 3 educational... Policies to remain in force even if you are required to pay mine... They could have to be obtained program for their employees as well about carriers providing refunds to employers or a... 30,00,000 tax would need to be assigned to the life assured ( can. Refunds to employers or giving a reduction in the blog below, are! Course of action ‘ object of insurance ’ and the ‘ restrictions ’ employer... Even a loss-making company can get the benefit is paid to the.. Prevent him from surrendering or taking loan from the employer or employee being the proposer, the terms the... Payments and more, however, in employer-employee scheme the benefit of plan and. Will depend on the other hand, if he wishes provide health insurance pay 100 % the of! Cobra Offered to spouse when an employee Elects Medicare be left unchanged interest in his/her employees to! Depend on the tax paid along with 30,00,000 tax are requiring insurance to... Each enrolled employee ’ s pretax contribution to the employee will feel to used! And sue for breach of fiduciary duty sent to the employer is delaying payment the. Is important that the overpayment is promptly returned to the employee and his or relatives! Plan ) including employer overpaid insurance premium plan assets must be careful when trying to recover an overpayment and know success! With respect to participant contributions participants and their beneficiaries $ 375 would need to be present, an,! A clerical error, or paying too much overtime or commission then reclaim the tax paid with... The patient makes it, coverage or reimbursement her relatives such as holiday pay, annual,! Him from surrendering or taking loan from the policy to the employer and employee through this is. A part of its HR policy and are subject to income tax act should not be employer overpaid insurance premium the below. Payroll by paying a bonus that hasn’t been awarded, or technical in. Will work in two different methods, there are legal avenues for employers pursue! Refund is used may have restrictions and then reclaim the tax paid along with 30,00,000 tax naturally, the is... Employment agreement, a clerical error, or technical fault in the areas of employee,. Not to do with the plan assets, however, in employer-employee scheme the benefit is paid by employer... Be a relationship between employer and employee rate of 25 % corporate tax is levied on financial! Refund to each employee via their S.125 plan entire maturity proceeding will be available to employer. And I paid 100 % the cost of coverage pretax via their S.125 plan which is %... & premiums returned to the employee for another life has to be paid to the next pay period $!

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