Pursuant to Internal Revenue Service Publication 15 (Circular E), employers are required to enter a correct name and social security number on their employees’ Form W-2. This requirement also applies to resident and nonresident alien employees.
To ensure this requirement is met prior to Form W-2 production, OSC and agency Personnel/Payroll Officers must reconcile social security numbers and names in PayServ with SSA.
Internal Revenue Code §6721 imposes a penalty of $250 per infraction for every information return that is filed with a missing/incorrect taxpayer identification number (TIN). OSC reserves the right to pass along penalties imposed by the IRS to any State Agency that is responsible for the inaccuracy of an employee’s job record in the NYS Payroll System.
Agencies must review the NPAY752 Control-D report and take the following actions to ensure that any discrepancies identified between PayServ and the SSA’s system are resolved by December 18, 2015.
For employees identified with a Reason Why SSN Not Verified of “SSN not in file (never issued to anyone)”:
- Verify that the employee’s correct SSN has been entered in the National ID field in Personal Information as follows: Workforce Administration>Personal Information>Modify a Person. On the Biographical Details tab, the National ID field must be populated with the employee’s Social Security Number.
For employees identified with a Reason Why SSN Not Verified of “Name does not match: DOB and gender code not checked” or “Other SSN”
- Send a notification letter to employees who appear on the NPAY752 with this reason requesting that the employee provide proof of updated information to the agency Personnel or Payroll Office as soon as possible. (A sample letter which agencies may use is provided.) Agency payroll officers should retain a copy of each letter and any response from employee for four (4) calendar years in the event of an OSC review and/or IRS audit.
- If an agency determines that the employee has recently changed his or her name and has not yet obtained a new card from the SSA, provide the employee with Form SS-5 for completion and submission to the SSA.
- Verify that the Social Security card presented by the employee is the most recent card issued by the SSA. If the information reported in PayServ does not match the information on the Social Security card, the agency must enter the correct information into the employee’s Personal Information page as soon as possible.
- If the employee believes that the SSN information reported in PayServ is correct, instruct the employee to contact the SSA to verify and correct their records. Agencies should document and retain this information for four (4) calendar years in the event of an OSC review and/or IRS audit.
For employees identified with a Reason Why SSN Not Verified of “Deceased”
- If an employee is listed on the NPAY752 with this reason, obtain a copy of the death certificate and enter the date of death directly in Personal Information as follows: Workforce Administration>Personal Information>Modify a Person. On the Biographical Details Tab, Date of Death must be populated using the format of MM/DD/YYYY.
When an agency is made aware that an employee who has previously separated from State service is deceased, the agency must report this information in PayServ to ensure any future payments due the employee are taxed and reported accurately.