CMS-07-021/023 - Los Angeles County Department of Children and ...

(3) Excise taxes on accumulated funding deficiencies and other
penalties imposed under ERISA are unallowable.
j. Incentive compensation. Incentive compensation to employees based on
cost reduction, or efficient performance, suggestion awards, safety awards,
etc., are allowable to the extent that the overall compensation is determined to
be reasonable and such costs are paid or accrued pursuant to an agreement
entered into in good faith between the organization and the employees before the
services were rendered, or pursuant to an established plan followed by the
organization so consistently as to imply, in effect, an agreement to make such
payment.
k. Severance pay.
(1) Severance pay, also commonly referred to as dismissal wages, is
a payment in addition to regular salaries and wages, by organizations to workers
whose employment is being terminated. Costs of severance pay are allowable only
to the extent that in each case, it is required by
(a) law,
(b) employer-employee agreement,
(c) established policy that constitutes, in effect, an implied
agreement on the organization's part, or
(d) circumstances of the particular employment.
(2) Costs of severance payments are divided into two categories as
follows:
(a) Actual normal turnover severance payments shall be
allocated to all activities; or, where the organization provides for a reserve
for normal severances, such method will be acceptable if the charge to current
operations is reasonable in light of payments actually made for normal
severances over a representative past period, and if amounts charged are
allocated to all activities of the organization.
(b) Abnormal or mass severance pay is of such a conjectural
nature that measurement of costs by means of an accrual will not achieve equity
to both parties. Thus, accruals for this purpose are not allowable. However, the
Federal Government recognizes its obligation to participate, to the extent of
its fair share, in any specific payment. Thus, allowability will be considered
on a case-by-case basis in the event or occurrence.
(c) Costs incurred in certain severance pay packages (commonly
known as "a golden parachute" payment) which are in an amount in excess of the
normal severance pay paid by the organization to an employee upon termination of
employment and are paid to the employee contingent upon a change in management
control over, or ownership of, the organization's assets are unallowable.
(d) Severance payments to foreign nationals employed by the
organization outside the United States, to the extent that the amount exceeds
the customary or prevailing practices for the organization in the United States
are unallowable, unless they are necessary for the performance of Federal
programs and approved by awarding agencies.
(e) Severance payments to foreign nationals employed by the
organization outside the United States due to the termination of the foreign
national as a result of the closing of, or curtailment of activities by, the
organization in that country, are unallowable, unless they are necessary for the
performance of Federal programs and approved by awarding agencies.
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