BP US Domestic Relocation Policy College and Entry Level New Hires Date: Updated October 1, 2015 Version 4.0 BP US Domestic Relocation Policy – College and Entry Level New Hires 1 PURPOSE OF THIS POLICY ................................................................................. 4 1.1 RELOCATION PROGRAM AND POLICY ADMINISTRATION ........................................ 4 2 WHEN TO USE THIS POLICY, APPLICABILITY, AND EFFECTIVE DATE ......................... 4 3 REPAYMENT AGREEMENT .................................................................................. 5 4 CONTRACTUAL MATTERS .................................................................................. 5 5 RELOCATION COSTS / EXPENSE REIMBURSEMENT................................................ 6 6 RELOCATION ALLOWANCES ............................................................................... 6 6.1 LUMP SUM ...................................................................................................... 6 6.2 COST OF LIVING ALLOWANCE (COLA) ................................................................ 7 6.3 MISCELLANEOUS EXPENSE ALLOWANCE ............................................................. 8 7 RENTER ASSISTANCE ........................................................................................ 8 7.1 CURRENT RENTERS: LEASE CANCELLATION ......................................................... 8 7.2 RENTING IN THE NEW LOCATION ........................................................................ 8 8 HOMEOWNER ASSISTANCE ................................................................................ 8 8.1 CURRENT HOMEOWNER: DUPLICATE HOUSING ................................................... 8 8.2 HOME FINDING ASSISTANCE .............................................................................. 9 9 HOUSEHOLD GOODS SHIPMENT......................................................................... 9 9.1 AUTOMOBILES ............................................................................................... 11 9.2 MOVES INTO/OUT OF ALASKA AND OUT OF HAWAII AND PUERTO RICO ................. 11 9.3 PREPARING OIL/GAS EQUIPMENT THAT SHIPS WITH THE HOUSEHOLD GOODS ...... 11 9.4 SELF MOVE ................................................................................................... 11 9.5 MOVES INTO/OUT OF TEMPORARY HOUSING ..................................................... 12 9.6 MOBILE HOME TRAILER .................................................................................. 12 10 FINAL MOVE .................................................................................................. 12 11 PROFESSIONAL RECERTIFICATION..................................................................... 13 12 TAX CONSIDERATIONS .................................................................................... 13 TAX SUMMARY CHART ..................................................................................................... 14 APPENDIX: COST OF LIVING ALLOWANCE (COLA)............................................................. 15 Page 2 BP US Domestic Relocation Policy – College and Entry Level New Hires BP US Domestic Policy Summary* College and Entry Level New Hires Eligibility Lump Sum Cost of Living Allowance (COLA) Miscellaneous Expense Allowance Lease Cancellation Rental /Home Finding Assistance Duplicate Housing Household Goods Shipment Final Move Professional Re-certification Must meet IRS distance test (i.e. 50 mile test). Must complete relocation benefits within 1 year of work start date. Provided to offset expenses associated with: home finding trip, temporary living, travel to report to work, travel to return home to ship household goods and final move meals. (For Alaska moves and moves with participating early experience programs only) Financial assistance may be provided if the new work location is deemed to have a higher cost of living than the old work location. Determined by BP’s third party data provider. One-time allowance to offset incidental expenses. Equivalent to one week of starting salary. If the transferee is required to pay a lease cancellation fee, the reimbursable amount is limited to the lesser of three (3) months rent, capped at $3,500, the balance of the rent due under the terms of the lease, or the amount of any fee directly related to canceling the lease. Destination assistance coordinated by the relocation service provider for both rental and home finding. (For current homeowners only) Reimbursement may begin 31 days after the transferee starts incurring duplicate housing expenses. Reimbursement until the close date on the former residence or three months, capped at $3,500, whichever comes first. Coordination of packing, shipping and unloading provided by the Relocation Counselor. Automobiles : BP will pay to ship one (1) car if the move is less than 400 miles; two (2) cars if the distance is over 400 miles. . Self move options available – reimbursement for trailer or truck rental available. Reimbursement for airfare, lodging (one night in old and one night in new location). If distance is less than 250 miles, mileage reimbursement at current IRS mileage rates, in lieu of airfare, for up to 2 vehicles. This provision is to support the employment transition needs of the transferee’s spouse or partner. BP will provide tax assistance (gross up) for certain taxable payments to assist with the additional federal, state, local income taxes and FICA. See policy for details. *Please refer to the policy document for complete details on each policy component. Tax Assistance Page 3 BP US Domestic Relocation Policy – College and Entry Level New Hires 1 Purpose of This Policy This document outlines the provisions that BP employees may be eligible to receive in respect to a US domestic relocation. It is the intent of this policy to cover specified reasonable costs and professional assistance associated with moving to the new location. The benefits incorporated into this policy are not intended to fit every conceivable individual situation or to be applied on a "keep whole" basis. Additionally, the provisions of this policy are intended to provide fair and appropriate levels of financial and relocation assistance for the disruption caused by a relocation, but not to seek to enrich or provide financial reward in line with individual performance/contribution. The BP domestic and international mobility policy framework (the mobility framework), is the parent document of this policy and sets out the governance framework for this and other mobility policies. 1.1 Relocation Program and Policy Administration BP has partnered with a relocation service provider to assist transferees in coordinating their relocation. Upon receiving a relocation authorization from BP, the relocation service provider will assign a dedicated Relocation Counselor who will be the transferee’s primary point of contact throughout the relocation process. The Relocation Counselor will guide the transferee through every step, answer any questions and outline the information that the transferee needs to provide during the move process. The relocation service provider will not process the relocation authorization earlier than 60 days prior to the transferee’s work start date. 2 When to use this Policy, Applicability, and Effective Date Relocation assistance described in this policy may be offered to authorized moves of college hires and entry-level exempt employees of BP operations in the U.S, excluding US territories and possessions, except for Puerto Rico. This includes college hires and entry-level exempt employees who are homeowners and renters. The relocation assistance described in this policy may be offered to employees participating in any US Based Early Experience Program. These programs include, but are not limited to: Challenger Program (excluding international and Alaskan North Slope rotations), Discover Program, Sunrise Program, IST Challenger Program, and BP HR Explorers. For the avoidance of doubt, this policy is not applicable to employees who have completed or graduated from the early experience program. This policy is effective for US domestic relocations authorized on or after October 1, 2015. To be eligible for relocation assistance described in this policy, all of the following criteria must be met: The transferee must be relocated at the Company’s request. The transferee must be a full-time exempt employee. The transferee may be a current homeowner or a renter. The relocation must meet the IRS distance and time test: Distance Test: The distance between the former residence and the new work location (as determined by BP) must be 50 miles greater than the distance between the former residence and the former work location. For example: Page 4 BP US Domestic Relocation Policy – College and Entry Level New Hires Old home to new job = 60 miles Old home to old job = 8 miles Difference = 52 miles Time Test: The transferee must work at least 39 weeks in the new location during the 12-month period immediately following the relocation. The transferee must complete each provision for which the transferee is eligible as well as submit all expenses within one (1) year of the transferee’s work start date or at any earlier date requested by BP or its relocation services provider. The transferee must move to within a reasonable distance of the new work location. The transferee’s strategic performance unit/business unit/function may require that the transferee move within a specified mileage of the work location. One set of relocation benefits will be provided per household. If two or more BP employees are members of the same household and move together, only one package of relocation benefits will be paid. Family members covered under this policy include the transferee’s spouse/partner and any dependent in accordance with the Domestic and International Mobility Policy Governance. 3 Repayment Agreement Moving a new hire transferee requires a substantial investment by BP. Therefore, if the new hire transferee voluntarily terminates his/her employment within one year from the work start date, the new hire transferee will be required to reimburse BP, as detailed in the Relocation Repayment and Deduction Authorization Agreement, for some of the financial assistance provided by BP specific to the relocation. The repayment agreement does not apply to current employees who are being transferred. 4 Contractual Matters This policy is not an employment offer, contract or guarantee of continued employment. The transferee’s employment with BP is at-will, which means that it is not for any particular period of time, and may be terminated by the transferee or by BP at any time, with or without cause or notice. In addition, this policy may not be construed as a benefit plan, and payments under this policy will not be considered salary for purposes of benefit or compensation plans. While this program is intended to be ongoing, BP reserves the right to end, suspend or amend its relocation policy in whole or in part, at any time. Further, the Company retains ultimate discretionary authority to interpret the provisions of this policy and to determine eligibility for benefits. There will be no cash payments in lieu of utilization of any relocation components contained in this policy. At its sole discretion, BP may modify the terms paid in any given situation or to any given transferee. The Company’s decisions regarding the application and interpretation of this relocation policy are final and binding. Page 5 BP US Domestic Relocation Policy – College and Entry Level New Hires Relocation Costs / Expense Reimbursement The Relocation Counselor will process and audit the transferee’s relocation expense reports for those relocation expenses that will be directly reimbursed to the transferee. Payment will be made by BP Payroll. 5 Receipts must be submitted for all expenses (where required) except tips, tolls and expenses paid with funds from the Lump Sum Payment and Miscellaneous Expense Allowance. Relocation expenses are separate and distinct from business expenses and must be submitted to the relocation service provider. Transferees should keep a copy of the submitted expense reports (including the receipts) for their records. Monthly credit card statements may not be used in lieu of original receipts. Expenses other than those expressly included in this policy will not be included in any lump sum payment nor be reimbursed. 6 6.1 Relocation Allowances Lump Sum The relocation policy includes a lump sum benefit for expenses associated with the home finding trip, temporary living, travel to report to work, travel to return home to ship household goods and final move meals. BP has determined that this lump sum benefit plan is fair to the transferee, eliminates significant administrative time and allows transferees maximum flexibility in managing their relocation. These funds are the transferee’s to spend, as he/she deems necessary for expenses incurred in connection with the relocation. The transferee may retain any portion of these funds not spent. Any shortfall of funds is to be covered by the transferee at his/her expense. Transferees do not need to submit for individual expenses, but should retain receipts for their personal records. The lump sum benefit and the Miscellaneous Expense Allowance are typically processed together and paid to the transferee in one payment. Both the lump sum and Miscellaneous Expense Allowance are paid via the relocation service provider through BP payroll. Tax assistance is provided for federal, state, and local income taxes and FICA. Calculation of the lump sum is based on data provided by Runzheimer International, an independent company that specializes in this area, and is based on the following parameters: Page 6 Family size for home finding trip and final move meals. Authorized days for home finding trip: 4 days for a current renter, 7 days for a current homeowner. Authorized days for temporary living: employee only: 30 days Travel for home finding trip: employee and employee’s family: 1 round trip, coach class airfare (business class airfare for flights exceeding 4 hours), 14-day advance purchase. If move distance is less than 250 miles, mileage is at the current IRS mileage rate, in lieu of airfare. BP US Domestic Relocation Policy – College and Entry Level New Hires 6.2 Travel for the report to work trip and the trip to return home to ship goods: employee only: 1 round trip, coach class airfare (business class airfare for flights exceeding 4 hours), 14-day advance purchase. If move distance is less than 250 miles, mileage is at the current IRS mileage rate, in lieu of airfare. Lodging for home finding: employee and employee’s family: full service hotel based on BP T&E business travel guidelines. Lodging for temporary living: employee only: one bedroom corporate apartment or hotel, as applicable based on BP T&E business travel guidelines. Rental car costs (when applicable) for temporary living and house hunting trip: intermediate class rental car based on BP T&E business travel guidelines. Number of meals associated with house hunting and final move trip, based on BP T&E business travel guidelines.. If the employee is relocating to Alaska, he/she will have additional incidental expenses due to the need to adapt to a different climate. To help offset some of those expenses, the transferee will be provided with an increased amount calculated by Runzheimer International that will be based on relocating family size. This is intended to help cover costs for such items as: winter clothing, snow tires, winter driving classes, and other aspects of daily life unique to Alaska. Cost of Living Allowance (COLA) For college hires and entry level exempt employees relocating to Alaska at BP’s request and employees participating in any US based early experience program offering the COLA benefit, the transferee may be provided with financial assistance for a specified period of time if he/she relocates to an area with a higher cost of living, as determined by BP. This assistance will be provided if the cost of living at the new work location, as determined by BP, is higher than at the old work location. This determination is based on information provided by Runzheimer International, an independent company that specializes in this area. The Relocation Counselor will advise the transferee if he/she qualifies for assistance. The transferee may perceive the area as high cost but the data provided by Runzheimer may not support that perception. Personal choice with regard to housing and lifestyle is a factor in that perception. BP is not responsible for the continuation of a standard of living to which the transferee has become accustomed. Replicating the old location square footage, price per square foot, amenities, etc. is not a goal of BP’s program. The COLA is not subject to negotiation. For further information, please see the Appendix. The Relocation Counselor will provide the amount of the COLA for which the transferee is eligible and coordinate the delivery of the payment through BP’s payroll. The date the transferee’s move authorization is processed by the relocation service provider will be used to capture the COLA indices and the new annual salary used in the calculation. Page 7 BP US Domestic Relocation Policy – College and Entry Level New Hires 6.3 Miscellaneous Expense Allowance The transferee will be provided with a Miscellaneous Expense Allowance to offset expenses associated with the relocation but not specifically covered by the program. The allowance is equal to one week of the transferee's starting salary. Tax assistance is provided for federal, state and local income taxes and FICA. Some examples of expenses which the allowance is intended to help offset are: Miscellaneous Expense Allowance - Description of Coverage 7 7.1 Laundry and dry cleaning Connection of household appliances not performed by the moving company Driver’s license/automobile registration Storage beyond the 60 days provided Cable TV, satellite, phone and utility hook-up/installation Pet transportation, boarding/kennelling and care Newspapers and movies Meals during temporary living Shipment of items not covered under the movement of household goods program Additional tax obligations not covered by BP’s Tax Assistance Renter Assistance Current Renters: Lease Cancellation Once the transferee has been notified of the relocation, the transferee should locate a copy of the lease and review the lease cancellation terms. The transferee should also notify the landlord of the vacate date as soon as possible. The lease may contain a transfer clause, which would allow the transferee to cancel the lease. If the transferee is required to pay a lease cancellation fee, the reimbursable amount is limited to the lesser of three (3) months rent, capped at $3,500, the balance of the rent due under the terms of the lease, or the amount of any fee directly related to canceling the lease. The transferee is responsible for any damage payments or loss of security deposits. Homeowners are not eligible for lease cancellation. The transferee should obtain a receipt from the landlord for the lease cancellation fee. The receipt along with a copy of the transferee’s old lease must be submitted to the relocation service provider for reimbursement. The lease cancellation fee is taxable income and will be tax assisted. 7.2 Renting in the New Location The Relocation Counselor will refer the transferee to a Destination Consultant, who will provide assistance in locating rentals in the new location. To avoid lease cancellation fees in the future, the transferee should insist upon a provision in the new lease stating that the cancellation charge will be waived or perhaps reduced if BP relocates the transferee in the future. 8 8.1 Homeowner Assistance Current Homeowner: Duplicate Housing If the transferee is currently a homeowner and the transferee purchases or rents a residence at the new location before selling the former residence, the transferee may be reimbursed for certain expenses related to maintaining the former residence. The duplicate housing benefit is not intended to cover deferred maintenance, seasonal clean- Page 8 BP US Domestic Relocation Policy – College and Entry Level New Hires up and/or winterization of a lawn, emergency or non-emergency home repairs, maid service, home watch services, etc. Reimbursement may begin 31 days after the transferee starts to incur duplicate housing expenses (determined by the closing date on the transferee’s new home or, if renting, the date on the transferee’s new long-term lease agreement). The transferee will receive duplicate housing expense reimbursement until the closing date on the former residence or three (3) months, capped at $3,500, whichever comes first. The following expenses will be reimbursed: Mortgage interest for a 1st mortgage only. Real estate taxes. Homeowner’s association dues. Homeowner’s insurance, including the additional fee that may be required to provide for burglary and vandalism coverage for a vacant house. Lawn care, snow removal, pool maintenance (only for a vacant residence), and Utilities (only for a vacant residence). This provision applies and is paid, upon receipt of documentation substantiating payment of each expense, such as copies of tax bills, insurance premium notices, utility bills, etc. Duplicate expense reimbursement does not begin until the 31st day. Duplicate housing expenses are taxable income and will be tax assisted. 8.2 9 Home Finding Assistance The relocation service provider offers a variety of services to help the transferee find a new community and select a home to purchase or to rent. These include counseling (where available) regarding mortgage prequalification, mortgage application, broker referral, and apartment finding for renters. The transferee should not contact a real estate agent before calling the Relocation Counselor. Household Goods Shipment The Relocation Counselor will coordinate the physical movement of the transferee’s household goods. To ensure enough time to make arrangements, the transferee should contact the Relocation Counselor in the early planning stages of the move. The Relocation Counselor will arrange for a professional mover to contact the transferee to assess packing and shipping requirements and to plan times for packing, pickup and delivery of the transferee’s household goods to the new home and explain the claims process. The following expenses to move normal household goods from the transferee’s old location to the new location will be paid: Packing, loading and transportation. Unloading and initial placement of furniture. Unpacking. Disconnection and reconnection of appliances. One debris pick-up within 45 days of delivery for any crates and cartons the transferee unpacks (this does not include personal trash). Storage up to 60 days when the transferee is required to vacate the home at the old location before the transferee is able to occupy a home at the new location. If the transferee is unsure about whether some of the items are considered normal household goods, the Relocation Counselor can provide clarification. Page 9 BP US Domestic Relocation Policy – College and Entry Level New Hires Non-covered Moving Expenses. Transportation of items not covered under this policy includes (but is not limited to): Building supplies such as lumber, wall board, sand, cement, bricks, insulation, shingles, fences. Boats or canoes, 14 feet and over, or motorized over 10 horsepower. Coal or firewood and/or other flammable or hazardous materials. Coin and/or stamp collections, currency, jewelry, furs, securities, wine, precious metals or stones. Collectibles. Important documents. Frozen foods and/or perishables. Pets and/or livestock. Doghouses, tree houses, dog runs. Storage sheds, playhouses and swing sets Trailers for camping and utility. Free standing hot tubs. Above ground swimming pools. Yard ornaments including concrete furniture, statues, gazebos, wishing wells. Any item too large for two people to handle safely. Non-Covered Services Related to Moving: The following services are not covered under this policy: Appraisals of antiques and/or high value items. Disassembly and/or reassembly of playhouses, portable hot tubs, above ground swimming pools, satellite dishes, storage sheds. Removal and/or reinstallation of antenna. Removal and/or hanging of curtains and drapes. Removal and /or reinstallation of permanently attached objects such as carpeting, drapery fixtures or rods, electrical fixtures, mirrors or pictures, plumbing fixtures, attached shelving. Removal of goods from attics or crawl spaces not accessible by permanent stairwell or other easy access. Electrical or plumbing services over and above normal appliance hook-up (i.e., installing a water line, gas line or upgrading an outlet). These lists are not all-inclusive, and the transferee should discuss any questions with the Relocation Counselor. An extra pick-up or delivery stop is permissible if approved in advance by the Relocation Counselor and provided the stop is en route to the transferee’s new location. The maximum charge allowed for an extra stop is $100. Pick-up and delivery dates for household goods are scheduled only Monday through Friday. Page 10 BP US Domestic Relocation Policy – College and Entry Level New Hires The household goods will be insured up to a maximum of $200,000 for possessions that are being transported to the new location or held in storage. Should the transferee need additional insurance coverage, the transferee may be required to substantiate the estimate by providing a copy of the transferee’s Homeowner's Personal Contents policy page to the Relocation Counselor indicating the transferee’s coverage amount and/or other documentation as determined by BP prior to an increase in the insurance coverage beyond $200,000. Charges for shipping household pets, additional insurance on items of extraordinary value or any out-of-policy expenses are the transferee’s responsibility and may be offset by the Miscellaneous Expense Allowance, if applicable. 9.1 Automobiles BP will pay to ship one (1) car if the move is less than 400 miles; two (2) cars if the distance is over 400 miles. Any cars shipped must meet eligibility requirements. The Relocation Counselor can provide details. 9.2 Moves into/out of Alaska and out of Hawaii and Puerto Rico In addition to the standard shipment detailed above, employees moving into or out of Alaska, and out of Hawaii and Puerto Rico are allowed an air shipment based on family size, as follows: Family Size 1 Family Size 2 Family Size 3+ One “D” container One “LDN” container One “LDN” plus one “E” container The air shipment is intended for basic living necessities that the transferee may need while waiting for the household goods shipment to arrive. In addition, transferees moving in or out of Alaska may separately ship one recreational boat or vehicle of up to 14 feet in length. 9.3 Preparing Oil/Gas Equipment That Ships with the Household Goods In support of BP’s corporate focus on safety, oil/gas powered equipment such as motorcycles, small recreational vehicles, riding lawn mowers, push lawn mowers, yard equipment, chain saws, weed eaters, etc., will be properly prepared, at BP’s expense, to ship with the transferee’s household goods. Proper shipment preparation requires the oil and gas to be drained from the equipment by a certified professional company. Equipment not properly drained and ready to ship on packing day must be shipped as a second shipment at the transferee’s expense and responsibility. 9.4 Self Move For safety reasons, BP does not encourage transferees to do a self move. However, if the transferee chooses to do this, in lieu of a professional mover, the transferee may choose one of the following options: Option 1: The transferee will be reimbursed for the use of a trailer attached to the transferee’s own vehicle to transport all or part of the personal effects. The transferee will be reimbursed for the trailer expense at 4 cents per mile in addition to the Company’s normal mileage rate for the use of the transferee’s own vehicle. A receipt for the trailer rental must be submitted to the relocation service provider for reimbursement. Page 11 BP US Domestic Relocation Policy – College and Entry Level New Hires Option 2: The transferee will be reimbursed for renting a truck for moving the personal effects. Truck rental expense and fuel for the truck will be reimbursed. Receipts for the truck rental and gas must be submitted to the relocation service provider for reimbursement. Additionally, the transferee will be reimbursed final move mileage for driving the transferee’s vehicle to the new location. 9.5 9.6 Moves into/out of Temporary Housing The transferee may choose one of the following options if he/she needs to move into temporary living quarters: The transferee will be reimbursed for a self move from his/her old location to temporary living quarters at the new location, and then to permanent quarters at the new location if the transferee rents unfurnished quarters at the new location prior to the availability of the transferee’s permanent residence. The transferee may have the van line move a partial shipment (up to 50% of goods) into the temporary quarters and the remainder of the transferee’s shipment into storage, providing that the shipments are delivered consecutively. The van line will then move the transferee’s household goods from both the temporary living quarters and the storage facility into the transferee’s permanent residence when appropriate. Mobile Home Trailer A mobile home trailer is defined as a regular, single body structure with permanent wheels attached. The wheels and tires may be removed when the trailer is stationary. If the transferee’s principal residence is a mobile home trailer, certain expenses related to moving it are covered; however, if the cost of moving the trailer exceeds its value, the Relocation Counselor will discuss other options with the transferee. The maximum amount reimbursed is $3,500. If the transferee’s mobile home trailer is to be moved, the following will be reimbursed: Packing and unpacking normal household furnishings and personal effects, and insurance for loss or damage to them while in transit and storage. Removal and reinstallation of blocks, anchors and existing under-skirting. Moving non-concrete steps and disassembly of outside buildings. Disconnecting and reconnecting gas, electricity and water to existing hook-ups. Attaching wheels/tires for the move and removing them for set-up in the new location. State permits, tolls and escort fees. Storage at point of origin or destination. The cost of wheels, tires and tubes, or other accessories not listed, are not covered under this policy. If the transferee moves the trailer with his/her own vehicle, the transferee will be reimbursed at 4 cents per mile for the actual pulling of the trailer, in addition to the Company's normal mileage rate for the use of the transferee’s own vehicle. If the transferee does not want to move the trailer him/herself, or is not able to, the Relocation Counselor will advise the transferee of his/her options. 10 Final Move Lodging and travel associated with the final move trip are reimbursed separately (from the lump sum payment). The transferee will be reimbursed for coach class airfare (business class airfare for flights exceeding 4 hours), 14-day advance purchase for the transferee and his/her relocating family. If the move distance is less than 250 miles, mileage will be reimbursed at the current IRS mileage rate, in lieu of airfare, for up to two vehicles driven to the new location. Page 12 BP US Domestic Relocation Policy – College and Entry Level New Hires In addition, reimbursement for one night's lodging at the old location (after the transferee’s furnishings have been removed from the former home) and one night's lodging immediately upon arrival at the new location plus one night's lodging for every 400 miles travelled should the transferee drive to the new location will be provided. Additional expenses incurred, including those while awaiting delivery of household goods, will not be reimbursed. Actual receipts will need to be submitted to the relocation service provider for reimbursement. Some of these expenses are excludable from income; those that are not will be tax assisted. 11 Professional Recertification This provision is to support the employment transition needs of the transferee’s spouse or partner. BP will reimburse actual, reasonable and necessary out-of-pocket expenses related to professional re-certification up to a maximum reimbursement of $1,800. Tax assistance is provided. 12 Tax Considerations The IRS considers all expenses paid to the transferee, or on the transferee’s behalf, as taxable benefits except those expenses associated with: The household goods shipment. Storage of household goods for the first 30 days. Final move expenses, excluding meals, and mileage over the current federal excludable rate. Payments subject to tax withholding in compliance with IRS regulations will appear on the transferee’s W-2 for the year in which the payment was disbursed. BP will provide tax assistance (“gross-up”) to assist with additional federal, state and local income taxes and FICA. Payments which are not tax-assisted are identified as such in this policy and noted on the tax summary table located on the following page. During the year, tax assistance calculations are based on supplemental rates. At the end of the year, a “true up” adjustment is made to adjust the tax assistance rate to the marginal rate associated with the transferee’s net taxable earnings. Other income such as investments, spousal income, or itemized exemptions will not be considered. It is important to note that the tax assistance provided may not always result in exact or complete gross-up of applicable expenses. The transferee will be responsible for any additional tax liability not covered by the tax assistance calculation; he/she should consider using the Miscellaneous Expense Allowance for this purpose. Moves delayed beyond the permitted 12-month IRS rule may not receive tax assistance, at BP’s discretion. Tax assistance amounts are paid directly to the applicable federal, state, and local agencies on the transferee’s behalf. They will be reported in the withholding boxes on the transferee’s W-2. BP is not responsible for, nor will the transferee be reimbursed for, any federal or state capital gains taxes related to the sale of the transferee’s home. Note: Page 13 The transferee is solely responsible for maintaining all records and receipts necessary to claim any allowable federal (and where applicable, state and local) income tax deductions. BP US Domestic Relocation Policy – College and Entry Level New Hires The transferee is responsible for all of the information contained in the transferee’s tax returns. BP and the relocation service provider accept no liability for information contained in the transferee’s returns. The transferee should keep records and receipts of all expenses to manage the tax return filing process at year-end. In January of the year following the year in which the transferee moves, a year-end tax reporting statement itemizing all relocation expenses will be prepared and sent to the transferee from the relocation service provider. The transferee should consider consulting a professional tax advisor for details on the tax implications of the relocation. Along with seeking the assistance of a professional tax advisor, the transferee should consider reading the following IRS publications: o Publication 521 – Moving Expenses Tax Summary Chart Reimbursement Added to W-2 Taxable Income Tax Assistance Lump Sum Payment Yes Yes Yes Cost of Living Allowance (COLA) Miscellaneous Expense Allowance Lease Cancellation Yes Yes No Yes Yes Yes Yes Yes Yes Duplicate Housing Yes Yes Yes Final Move Travel Excludable No N/A Household Goods Shipment Storage of Household Goods (1st 30 days) Storage of Household Goods (31-60 days) Professional Recertification Excludable No N/A Excludable No N/A Yes Yes Yes Yes Yes Yes Page 14 BP US Domestic Relocation Policy – College and Entry Level New Hires APPENDIX: Cost of Living Allowance (COLA) PURPOSE The intent of this program is to provide assistance to college and entry level new hires moving to Alaska at BP’s request and employees participating in any US based early experience program offering the COLA benefit The assistance is designed to provide the transferee with temporary financial support to offset some of the increased cost that he/she may experience as he/she acclimates to the new location. The cost of living support will be phased out over six years. BP maintains a competitive salary program and will not compromise its integrity by providing indefinite cost of living payments. The relocation service provider will provide the administration of the cash payments via payroll. The date the transferee’s move authorization is received will be used to capture the COLA indices and the new annual salary used in the calculation. Transferees who are renters in the new location and who are eligible for financial assistance are only eligible for a cash payment. CALCULATION BP uses Runzheimer International, an independent company that specializes in this area, to determine the living cost differences between the transferee’s existing work site and the new location. The new location will be based on the work site location, or, if within a territory with no physical office, the major city within the territory. If there are multiple major cities within the territory, or there is no major city, the new location will be based on the location within the territory with the most business. Living costs include income tax, housing, transportation and goods and services expenditures, based on a representative standard of living for the transferee’s income, family size and housing situation (rent or own). Income will reflect the transferee’s current annual base salary. By using representative standards of living, rather than using individual lifestyles, BP provides fair, equitable and objective cost of living assistance to all eligible transferees. Runzheimer is the only source that will be used to determine the actual benefit under this policy. If the analysis determines that the cost to live in the new location is higher than the existing work site location, cost of living support will be provided. The following table depicts an example of how BP determines the term and amount of the payments for moves into Alaska: Cost-ofLiving Eligibility Term 6 Years Page 15 Payment Year Payout Percentage of Differential Amount Payout Percentage of Differential Amount Eligible Mortgage Subsidy Limit * 1st 2nd 3rd 4th 5th 6th 350% 100% 80% 70% 50% 30% 20% 350% 100% 80% 70% 50% 30% 20% BP US Domestic Relocation Policy – College and Entry Level New Hires EXAMPLE: Annual Cost-of-Living Differential = $5,000 1st Year Payment = $5,000 2nd Year Payment = $4,000 3rd Year Payment = $3,500 4th Year Payment = $2,500 5th Year Payment = $1,500 6th Year Payment = $1,000 Total Payment = $17,500 *If the transferee chooses the mortgage subsidy option, payouts will be applied to a temporary reduction in interest rate for up to the maximum of 6 years. Amounts used to qualify can vary based on product, loan amount and interest rate. If the differential cannot be used toward a mortgage subsidy within one year, the transferee may receive the remainder under the cash payment option detailed below. APPLICATION OPTIONS: When the analysis determines that cost of living support is warranted, the transferee may: 1. Receive cash payment of the cost of living support, OR 2. Apply the cost of living support to the mortgage buy down (mortgage subsidy), OR 3. Receive cost of living support as a combination of the cash payment and mortgage buy down subsidy. If the transferee receives the mortgage subsidy or the combination of the cash payment and subsidy, the payout may not exceed the cash payout amounts, nor the payout duration indicated in the table above. CASH PAYMENT OPTION BP provides cost of living support over six years. The first payment will be made upon receipt by the relocation service provider of a copy of the transferee’s signed home purchase or lease agreement. If the transferee continues to be eligible, he/she will receive the remaining payments near the anniversary date of the first payment. The payout is calculated at the time of the move and is not adjusted for subsequent salary changes. Federal and applicable state and/or local income tax, Social Security tax up to the annual limit, and Medicare tax will be withheld. In an actual calculation, the destination state tax will apply. Tax assistance is not provided on cash COLA payments. TEMPORARY MORTGAGE BUY DOWN (MORTGAGE SUBSIDY) A temporary mortgage buy down is a subsidy paid by BP to reduce the interest rate and monthly payments on the transferee’s mortgage for the first six years in the new location. A buy down addresses the need to assist the transferee with mortgage payments while he/she adapts to a higher cost area. Under BP’s temporary mortgage buy down program, the national lender issues a mortgage to the transferee at a fixed interest rate called the “note rate”. The note rate is typically set at the prevailing market rate for 30-year fixed-rate mortgages. Page 16 BP US Domestic Relocation Policy – College and Entry Level New Hires The first years of the loan are subsidized by BP up to the amounts indicated in the table above. As the subsidy diminishes over time, the buy down rate gradually increases in planned increments to the note rate. When the transferee’s subsidy eligibility term is reached, the subsidy stops, the buy down rate equals the note rate, and the transferee continues making monthly payments at the note rate for the remainder of the mortgage term. The transferee must be able to independently meet the lender’s affordability criteria at the note rate in order to use the mortgage subsidy benefit. The temporary mortgage buy down is available only if the transferee secures his/her mortgage through one of BP’s national mortgage lenders. If the transferee refinances, cost of living support will continue provided the transferee uses the same mortgage company. Each month, an amount equal to the mortgage interest subsidy paid on the transferee’s behalf to the lender will be reported as taxable income to the transferee through payroll. This amount will appear on his/her W-2 at the end of the year. Given that no two relocations or personal fiscal circumstances are identical, the Company encourages the transferee to obtain professional advice before deciding which financial assistance option to select. Once the transferee has made a selection, that decision is irrevocable. Annually, BP will fund (through the transferee’s chosen lender) a net subsidy amount – i.e., after deduction of amounts calculated by BP to cover estimated taxes or required tax withholding – to be applied by the lender toward the transferee’s aggregate monthly mortgage payment obligations. In order to satisfy tax withholding rules, BP will advance, on the transferee’s behalf, estimated taxes directly to tax authorities (generally assuming supplemental wage tax rates) on the annual net payment to the mortgage holder. While these tax amounts advanced on the transferee’s behalf will be includable in his/her W-2 taxable income, BP will process an offsetting hypothetical tax deduction payroll entry to offset the additional income from these tax/withholding advances on BP’s net payment to the lender. Tax assistance is not provided on mortgage subsidy COLA payments. (The transferee should pursue with his/her own personal tax advisor any issues related to the transferee’s ability to deduct the net mortgage subsidy amount for federal, state, and/or local income tax purposes.) SUBSEQUENT RELOCATION If the transferee is relocated again to an equal or lower cost area, the COLA will be discontinued as of the start date in the new destination location. If the transferee is relocated to a higher cost area, the COLA will be re-calculated and the transferee will receive a new COLA once he/she meets the eligibility requirements to activate a COLA. The transferee must continue in BP employment in the destination location to maintain eligibility to receive COLA financial assistance including instances where the employee is on an international assignment governed by Core or TIR policy types. Employees on an international rotator assignment or an assignment governed by the Short Term Assignment (STA) policy will continue to be eligibleAny unpaid amounts at the transferee’s termination of employment will be forfeited, without regard to the reason for termination and without regard to the otherwise scheduled time of payment. Page 17
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