R994-401-304. Income Which May Be Reportable Under Certain Circumstances

  (1) A bonus paid as a direct result of past performance of service for a specific period prior to the separation is not reportable with respect to any week after the separation. A bonus is a payment given to an employee in addition to usual wages. If the payment is made contingent upon termination it will be considered a severance payment. Payments given at the time of separation that are based on years of service will also be considered severance payments. Severance payments are reportable in accordance with Subsection 35A-4-405(7).

  (2) If a claimant is hired to start working on a certain day and the work is not available as of that date but the employer puts the claimant on the payroll as of that date, the claimant is considered employed and those wages are reportable.

  (3) Any payment made in consideration of training that is required by the employer is considered to be reportable income unless shown to be:

  (a) expenses necessary for school, for example, tuition, fees, and books;

  (b) travel expenses;

  (c) actual costs for room and board where costs are created as a necessary expense for the schooling; and

  (d) the payments are exempt from income tax liability.

  (4) If a claimant is being paid under a contract for the express purpose of being available to an employer, and there are limits placed upon the individual either as to how much earnings, if any, may be earned while receiving these payments, or on the time the individual must hold himself or herself available to the employer, the payment is considered reportable income.

  (5) Any payments in kind are reportable, including the cash value for meals, lodging, or other payment unless the meals and lodging are excluded from the definition of wages by the Internal Revenue Service as under the following conditions:

  (a) Meals that are furnished:

  (i) on the business premises of the employer;

  (ii) for the convenience of the employer;

  (iii) without charge for substantial non-compensatory business reasons, not for the purpose of additional compensation. Substantial noncompensatory business reasons will be limited to meals which are provided:

  (A) to have employees available for emergency call;

  (B) to have employees with restricted lunch periods;

  (C) because adequate eating facilities are not otherwise available.

  (b) Lodging that is furnished:

  (i) on the business premises of the employer;

  (ii) as a condition of employment;

  (iii) for the convenience of the employer, for example, to have an employee available for call at any time.

  (6) Pensions that do not meet the criteria in R994-401-203 are not reportable income.