<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 09.32.02.12" title_num="09" subtitle_num="32" chapter_num="02" heading="Severance Pay, Dismissal Pay, or Pay instead of Notice of Termination.">
  <paragraph num="A.">
    <text>“Severance pay” is the gross amount of severance pay including severance pay that is contingent on the employee signing a release of liability or waiver agreement, dismissal pay, pay instead of notice of termination, wage continuation, or other remuneration paid or payable to the claimant upon separation from employment.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Deducting Severance Pay.</text>
    <paragraph num="(1)">
      <text>Severance pay shall be deducted from benefits.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Secretary shall allocate severance pay that is paid in a lump sum or in increments to a number of weeks following the date of separation, including the week during which the claimant was separated from employment. The Secretary shall allocate severance pay by:</text>
      <paragraph num="(a)">
        <text>Calculating the entire amount of severance pay including any amount of severance pay that may be contingent on the employee signing a release of liability or waiver agreement;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Calculating the claimant's daily wage by dividing the claimant's last weekly wage by seven;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Calculating the number of days to which the severance pay applies by dividing the total amount of severance pay by the claimant's daily wage; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Applying the severance pay to the days immediately following the claimant's last day of service.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If severance pay allocated to a particular week is less than the claimant's weekly benefit amount, the claimant shall receive the difference.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Severance Pay Reportable and Taxable. Severance pay is reportable and taxable for the purpose of the employer's contribution obligations under the Unemployment Insurance Law.</text>
  </paragraph>
</regulation>