Section Emp 502.07 - Application of Wages(a) For purposes of RSA 282-A:14, III(a) "sums of whatever type or nature" shall include a stay bonus, retention bonus, longevity pay, attendance pay, and similar payments.(b) Wages as defined at RSA 282-A:14, III(a) shall, when paid in a lump sum to an individual or payable in a lump sum but for the individual's election otherwise, be prorated following the individual's last date of employment with the employer, based on the individual's usual weekly pay, not including overtime.(c) "Plan" as used in RSA 282-A:14, III(a) shall: (1) Include plans intended to benefit individuals upon retirement; and(2) Not include plans intended to benefit only individuals who: a. Volunteer to separate from employment by a certain date; or b. Do not voluntarily separate from employment prior to a certain date.(d) For purposes of RSA 282-A:14, III(a), a plan shall be deemed to have vested in an individual before the date of separation if: (1) The individual had a present right or title in the plan; and(2) The individual's right to payments under the plan was not dependent on an uncertain future event.(e) If the commissioner finds the proration of wages pursuant to Emp 502.07(b) would prevent or terminate the eligibility of an individual for health insurance premium tax credits authorized under the Patient Protection and Affordable care Act (ACA, P.L. 111-148, as amended) the commissioner shall adjust the proration of wages pursuant to Emp 502.07(b) to the minimum extent necessary to allow an individual to become eligible for or maintain eligibility for such tax credits.N.H. Admin. Code § Emp 502.07
#7993, eff 11-26-03, amd in Emp 502.07(e) by #8629, EMERGENCY, eff 5-10-06; paragraph (e) EXPIRED: 11-6-06; ss by #8948, eff 7-21-07
Amended by Volume XXXV Number 49, Filed December 10, 2015, Proposed by #10973, Effective 11/12/2015, Expires 11/12/2025.