5 §1833. Workers' Compensation Management Fund
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 4: FINANCE
Chapter 156: DEPARTMENT CONTRACTS AND APPEAL OF DECISIONS HEADING: PL 1983, C. 188 (NEW)
§1833. Workers' Compensation Management Fund
The Workers' Compensation Management Fund is established to provide for any expenses related to the resolution of workers' compensation claims including: records and information management; investigation; medical review; representation; rehabilitation; payment of compensation; appropriate medical expenses and other payments required by the Workers' Compensation Board; the settlement of cases; and other necessary expenses. [1991, c. 885, Pt. D, §2 (AMD).]
The fund must be an internal service fund and be under the control of the Commissioner of Administrative and Financial Services and the supervision of the Bureau of Human Resources. The fund must be a continuing fund and may not lapse. The treasurer shall credit interest earned to the fund. [1991, c. 780, Pt. Y, §72 (AMD).]
1. Capitalization; premiums. The fund shall be capitalized by legislative appropriations, payment from state departments and agencies and by other appropriate means.
All state departments and agencies shall make premium payments to the fund at the beginning of each quarter based on charges to user departments. Premiums charged to user departments shall be based on an analysis of the loss experience of each department, the reserve requirements related to departmental loss experience and the recovery of expenses as authorized in this section as related to each user department. Each department shall allocate the premium charge based on an analysis of the loss experience of each account or subdivision of account within the department. Premiums charged shall be sufficient to ensure the continuation of the fund and shall be set by the commissioner.
Funds received from the reserve fund for self-insured retention losses under section 1731 shall be repaid to that reserve fund through premiums charged except that, on the request of the commissioner, the Governor may waive repayment to the reserve fund when warranted and necessary.
[ 1989, c. 501, Pt. P, §16 (NEW) .]
2. Transitional clause. The Workers' Compensation Management Fund is effective July 1, 1989, to assist departments and agencies as approved by the Commissioner of Administrative and Financial Services. Central payment of workers' compensation management expenses do not take effect until October 2, 1989. Initial quarterly premium payments are due to the fund on September 15, 1989.
By December 1, 1989, the Commissioner of Administrative and Financial Services shall inform the State Budget Officer and any affected department or agency of the probability of increased premium charges for the remainder of the biennium. Thereafter, the commissioner shall provide notice of premium charges to the State Budget Officer and departments and agencies so that the charges may be incorporated in the normal budgetary process.
Agencies that do not have sufficient funding to pay the required premium charges shall request funds from the Second Regular Session of the 114th Legislature.
[ 1991, c. 780, Pt. Y, §73 (AMD) .]
SECTION HISTORY
1989, c. 501, §P16 (NEW). 1991, c. 780, §§Y72,73 (AMD). 1991, c. 885, §D2 (AMD).