Article updated on February 7, 2022

On January 27th, Washington State Governor, Jay Inslee, announced a delay in the implementation of the WA Cares Fund payroll tax until July 1, 2023.  The delay is the result of concerns brought forward by Washington State lawmakers and the general public over specific components of the law.

As a result of this delay:

  • WA employers have been instructed to stop withholding the WA Cares Fund tax (0.58%) from employee earnings.  Taxes that have been withheld year-to-date will be refunded.
  • Employers are instructed to maintain copies of the exemption approval letters for employees who have provided them.

While the date of implementation has changed, the required effective date for credible private insurance coverage for the exemption has not been altered or addressed (Nov 1, 2021). Based on current guidance, if you obtained a private, qualifying opt-out policy prior to Nov 1, 2021, it is important to maintain coverage during this delay to in order to qualify for future exemption. While we don’t yet know exactly how the law will change during this delay, some possible changes that could be coming include:

  • Requiring “re-attestation,” or reverification of coverage, every 1-3 years. This would require individuals to prove they have kept their long-term care coverage to maintain their exemption. The LTSS Commission is recommending that anyone who drops their coverage be placed back on the WA Cares Fund program.
  • A possible provision for employees considered near-retirement (born before 1968) who pay into the fund would be eligible for 10% of the maximum benefit for each full year that they pay into the program.
  • Possible voluntary exemptions for certain groups unlikely to qualify for benefits like veterans receiving VA benefits, military spouses, and non-Washington residents working in-state. Employees who believe they qualify for these exemptions will need to apply for approval from ESD.

For the full list of recommendations from the LTSS Commission for the upcoming legislative session, please see the following link:

https://www.dshs.wa.gov/sites/default/files/ALTSA/stakeholders/documents/LTSS/LTSS%20Trust%20Commission%20Recommendations%20Report%20v0.4.pdf

Original Article:

On May 13, 2019 Washington State Governor, Jay Inslee, signed into law the nation’s first public-operated, long-term care insurance program, dubbed the “Long-Term Services and Supports (LTSS) Trust Act”. Funding for the program will be paid by employees residing in the state of Washington through an employee payroll tax which is to be implemented and collected by employers beginning on January 1, 2022.  As you can imagine with any law that is the first of its kind, there is a lot of information to unpack. Let’s break it down: 

The Payroll Tax 

Beginning January 1, 2022, the LTSS Act imposes a mandatory payroll tax of 0.58% on all W-2 income (58 cents per $100 in income), including equity compensation such as stock options and Restricted Stock Units (RSUs). Other investment income, such as interest, dividends, and capital gains, are not subject to the tax. There is also no cap on the payroll tax. For example, someone making $1 million in W-2 income during 2022 will pay $5,800 in payroll taxes. 

Benefits 

Beginning January 1st, 2025, every qualifying person who is eligible to receive benefits will have access to a maximum lifetime benefit of $36,500 that is adjusted annually for inflation. These benefits can be used for a range of care-related services including: 

  • Professional care at home, licensed residential, or nursing facilities 
  • Home safety evaluations 
  • Home-delivered meals 
  • Memory care 
  • Training, pay and support for family members providing care 
  • Assisted living services 

Note: The above list is not comprehensive but rather is meant to provide a sample of the services and support that will be offered through the program. 

How to Qualify for Benefits 

To qualify, individuals must be Washington residents who are at least 18 years old and who have paid the payroll tax: (1) a total of at least 10 years with at least 5 of those years occurring without interruption; or (2) three out of the past six years.  In either case, the eligible recipient must have worked at least 500 hours per year.  

Note: In addition to the requirements listed above, an eligible recipient must maintain residency in Washington State to qualify for benefits. If your primary residence is outside of WA for five years or more, you will forfeit all taxes paid and be ineligible for benefits. 

Once meeting the above requirements, the applicant must need assistance with at least 3 out of 10 Activities of Daily Living (“ADLs”): medication management, personal hygiene, eating, toileting, cognitive impairment, transferring, body care, bathing, ambulation/mobility, dressing. 

Opt-out Provisions 

What if you already have a Long-Term Care Policy in place? As currently written, WA State residents that have their own qualified long-term care policy in place before November 1st, 2021 will have a limited window between October 1st, 2021 and December 31, 2022 to submit an application to the Employment Security Department of Washington State exempting them from the tax.  Once that window closes, no further exemptions will be granted. 

Those who are self-employed* are automatically exempt and instead need to “opt-in” to the plan should you wish to participate and be eligible for long-term benefits.  Self-employed individuals must opt-in between January 1st, 2022 and January 1st, 2025. The decision is irrevocable.  

Best Options 

Is it more cost-effective to pay for a basic, private long-term care policy vs. paying into the WA Long-Term Care Trust Fund? This is a question that everyone should be asking themselves. For those high- income earners in their 30s, 40s, and 50s that are healthy, the answer could be yes. Under the terms set forth in the legislation, higher-income workers can end up paying much more into the program than the maximum benefit provided and still not have adequate long-term care coverage.  

On the flipside, depending on your health circumstances, you could qualify for a private traditional long-term care policy or long-term care hybrid policy that might cost less, provide more benefits, be transferrable across state lines, and be more suitable for your situation.  

There are many variables and no one-size–fits–all solution. Many people will likely be better off paying this new tax, which applies only to W-2 income (not K1 or other investment-related income). For others, it is likely more beneficial to pursue a private, qualified, long-term care policy prior to the November 1st deadline.  Because these are irrevocable decisions with long-term impact, it is always advisable to plan thoughtfully and in advance with a trusted advisor.  

*To be considered self-employed you must own a sole proprietorship or other business with no W-2 payroll. All W-2 income is taxable.  

Important Dates to Remember

Justin Gross
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