reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-127 - Issuance by board of certificate of self-insurance; review; revocation

(a)
Whenever an employer has complied with those provisions of Code Section
34-9-121
relating to self-insurance, the board shall issue to such employer a certificate which shall remain in force for a period fixed by the board.
(b)
The board shall have the authority to review the self-insured status of an employer after a merger or acquisition involving the employer.
(c)
The board may, upon at least 30 days' notice to the employer, and proof of receipt of same, and after a hearing, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation, the board may grant a new certificate to the employer upon the employer's petition.
Amended by 2010 Ga. Laws 377,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-128 - Inspection of place of employment and injury records; penalty for noncompliance

The board and its authorized representatives shall have the power and authority to enter any place of employment and to inspect the same, together with all employment, payroll, and injury records at any reasonable time for the purpose of investigating compliance with this chapter and making inspections for the proper enforcement of this chapter. The willful refusal of an employer to permit inspections and investigations pursuant to this Code section or to comply with Code Sections
34-9-120
,
34-9-121
, and
34-9-126
after being notified of noncompliance by the board shall subject the employer to a penalty to be assessed by the board, not exceeding $50.00 per day so long as the refusal shall continue; provided, however, that no penalty shall be assessed except after notice of not less than ten days and a hearing thereon before the board.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-129 - Furnishing of bond by insurance companies doing workers' compensation business in state; bringing of actions upon bond; posting of security in lieu of bond

Every insurance company doing a workers' compensation business in this state shall furnish a bond payable to the state in the sum of $50,000.00 with some surety company authorized to transact business in this state as surety, in such form as may be approved by the Commissioner of Insurance, conditioned for the payment of compensation losses on policies issued by such insurance company upon risks located in this state. An action may be brought upon said bond by the board for the use and benefit of any party or parties at interest. The annual license of such company shall not be issued or renewed until it has filed with the Commissioner of Insurance of this state the bond required by this Code section. In lieu of such bond a deposit of the same amount may be made with the Office of the State Treasurer in the form of other security satisfactory to the Commissioner of Insurance.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-130 - Authority of Commissioner of Insurance to investigate rates; assistance by board in investigations

In addition to the authority prescribed in Title 33, the Commissioner of Insurance shall have the power, in such manner and by such means as he may deem proper and adequate, to gather statistics and information and make investigations concerning rates for such insurance. He may take into consideration the income, earnings, and loss ratios from any and every source whatever of any such company and may call upon the directors of the State Board of Workers' Compensation to sit with him in an advisory capacity at any investigation or hearing concerning any rate or rates.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-130.1 - Policies or contracts of insurance against liability for compensation under this chapter

(a)
Notwithstanding any other provision of law, all insurers issuing policies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer's basic rate for policies or contracts of insurance against the liability for compensation under this chapter shall not exceed the insurer's effective rate approved by and on file with the Commissioner of Insurance as of April 22, 1982. These rates shall remain in effect until April 1, 1983.
(b)
There shall be no exception to the requirements of subsection (a) of this Code section unless the Commissioner of Insurance finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the insurer will result in rates which are inadequate to the extent that:
(1)
Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or
(2)
Such rates jeopardize the solvency of the insurer required to use such rates.
(c)
The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate.
(d)
Upon conclusion of any hearing held pursuant to this chapter, the Commissioner of Insurance shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Code section. The provisions of Chapter 2 of Title 33 shall apply to hearings held under this Code section.
(e)
Any insurer appealing from a final order of the Commissioner of Insurance may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-131 - Insurer permit requirement; claim office within state

(a)
Every insurance company and every person, firm, or corporation writing policies of insurance under this chapter or insuring the payment of compensation to employees as provided by this chapter, before writing any such policy or entering upon any such insurance contract or continuing any such contract of force, shall obtain from the board a permit authorizing such company or such person, firm, or corporation to engage in business as an insurance carrier under this chapter and to write and enter upon such insurance contracts.
(b)
The application for such permit shall set forth such facts as the board may, by regulation, require. The board is authorized to prescribe the form of the permit and to provide by regulation for a hearing upon such application. Upon the filing of such application, the board shall have such hearing thereon as may be provided for by regulation and shall grant a permit if, in its discretion, the applicant is qualified, financially and otherwise, to carry on such insurance business. Upon obtaining said permit, the insurer shall designate and maintain an office in the State of Georgia for the handling of claims or shall designate an agent located in the State of Georgia who shall be authorized to execute instruments for the payment of compensation.
(c)
Any company or any person, firm, or corporation who shall write insurance under this chapter or enter upon any contract to insure the payment of compensation under this chapter or continue any such contract of force without first obtaining a permit from the board as required by this Code section or after the revocation of any such permit shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-132 - Grounds for revocation of insurance carrier's permit

The board is authorized, of its own motion or upon complaint filed with it, after notice of not less than ten days and a hearing thereon, to revoke any permit granted under Code Section
34-9-131
if an employer is ready, willing, and able to pay a premium at the rate prescribed by the Department of Insurance but it appears that the holder of such permit declines to accept and underwrite the risk assigned to it by the board or a bureau established and approved for rating purposes; or if it appears that the holder of any such permit fails and refuses to obey any valid order of the board or to pay any award entered against it by the board and not appealed from or affirmed on appeal; or if it appears that the holder of such permit is otherwise not qualified to carry on such business.
Amended by 2019 Ga. Laws 139,§ 1-98, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-134 - Appeals from decisions under Code Sections 34-9-122 and 34-9-131 through 34-9-133

Appeal from any decision under Code Sections
34-9-122
and
34-9-131
through
34-9-133
may be made in the manner provided elsewhere for appeals from orders or judgments of the members of the board.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-136 - Statistical data submitted by insurance company to rating organization; verification by employer; issuance of experience modification worksheets to insured

(a)
Before an insurance company is authorized to submit statistical data on an employer to any licensed rating organization for purposes of determining the employer's experience modification factor, the insurance company must verify with the employer the accuracy of the data. In so verifying, the insurance company shall provide to the employer:
(1)
the data to be submitted; and
(2)
a statement in boldface type, to be signed by an authorized representative of the employer, and submitted by the insurance company to the licensed rating organization along with the statistical data. Said statement shall indicate that the statistical data to be submitted have been reviewed by the authorized representative of the employer; that said data are accurate; and that an insurance company representative has explained to the employer's representative that the statistical data to be submitted may affect the employer's premium for workers' compensation insurance coverage.
(b)
When a licensed rating organization issues an insured's experience modification worksheet to the insured's workers' compensation insurance company, the licensed rating organization shall submit a copy of the worksheet to the insured.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-137 - Considerations in employer's experience modification factor

Whenever an experience modification factor is applied to the premium of an employer's policy of workers' compensation insurance, consideration shall be given to:
(1)
Any amounts recovered by such employer or its insurer pursuant to Code Section
34-9-11.1
, relating to rights of action against third parties and subrogation; and
(2)
Code Section
34-9-360
, relating to reimbursements from the Subsequent Injury Trust Fund. In addition, the insurer shall not include in the computation of such factor any penalties which were incurred pursuant to this chapter by the actions of the insurer or its representative.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 4 - INSURANCE OF COMPENSATION LIABILITY GENERALLY (§§ 34-9-120 — 34-9-138) › Section 34-9-138 - Consideration of employer's experience while self-insured

Any insurance company which voluntarily writes a policy for any employer which was self-insured under any provision of this chapter shall include such employer's prior experience while self-insured to determine or have determined an experience modifier for such employer.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-150 - Purpose of article

It is the intent of the General Assembly to provide an alternative mechanism through which bona fide members of trade associations and professional associations as well as groups of municipalities, counties, school boards, and hospital authorities may extend workers' compensation benefits to their employees through group self-insurance programs. This alternative is authorized to enable the members of these groups to lower workers' compensation costs by reducing administrative expenses and to encourage a reduction in claims through active loss prevention, loss control, and rehabilitation programs. It is therefore intended that this article be liberally construed to effectuate these purposes.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-151.1 - Eligibility for establishing a fund

(a)
Any group or groups of employers who are engaged in similar business activities may establish a fund or funds provided that:
(1)
Such fund or funds shall comply with the provisions of this article;
(2)
Separate classes, as described in Code Section
34-9-152
, may not be commingled in any fund; and
(3)
Such fund or funds shall be established by one or more professional or trade associations.
(b)
Any professional or trade association may establish a fund or funds.
(c)
Any fund established prior to January 1, 1995, and which is operating in compliance with this article or in compliance with the requirements of the applicable rules and regulations of the Commissioner shall be deemed to be in compliance with this article.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-151.2 - Filing of intent to form fund; notice of intent to refuse to issue certificate of authority

(a)
At least 30 days prior to executing the initial intrastate agreement required by this article, any group authorized to form a fund under this article shall file with the Commissioner an intent to form a fund on such form as prescribed by the Commissioner. Such form shall include:
(1)
The name of the group forming the fund;
(2)
The name of the proposed administrator;
(3)
The type or types of employers to be offered membership in the fund;
(4)
A statement that the group is knowledgeable of and will comply with the requirements of this article and any rules or regulations pertaining thereto; and
(5)
A copy of the intrastate agreement that will be used to establish a fund.
(b)
Upon receipt and review of the information supplied with the notice of intent to form a fund provided under subsection (a) of this Code section, the Commissioner, pursuant to his or her authority under Code Section
34-9-169
, may issue a notice of intent to refuse to issue a certificate of authority, which notice of intent shall be based upon the Commissioner's determination that the proposed fund would not be in compliance with the provisions of this article. The proposed fund may not be formed and the intrastate agreement may not be executed until the Commissioner withdraws in writing the notice of intent to refuse to issue a certificate of authority.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-153 - Issuance of certificate of authority; grounds for denial or revocation; annual renewal fee

(a)
The Commissioner shall examine the application made under Code Section
34-9-152
to determine whether the fund will be able to comply with the laws of this state and whether membership in the fund will enable the members of the fund to meet their liability for workers' compensation benefits under this chapter. If the Commissioner finds that the fund is capable of complying with such requirements and meeting such liability, he shall issue a certificate authorizing the fund to provide workers' compensation benefits on behalf of its members.
(b)
If the Commissioner refuses to issue a certificate of authority, he shall issue an order setting forth the reasons for refusal and forward it to the proposed fund. A copy of the order shall be sent to each member of the fund.
(c)
The Commissioner shall approve or disapprove the application for a certificate of authority within 90 days of receipt by him of the application and all of the supporting information he has requested.
(d)
The Commissioner may refuse to issue or renew or may suspend or revoke the certificate of authority of any fund, in accordance with Code Section
34-9-169
, for failure of the fund to comply with any provision of this article or with any of the rules, regulations, or orders of the Commissioner issued pursuant thereto.
(e)
The certificate shall be renewed annually by the Commissioner, upon payment by the fund of the renewal fee required by subparagraph (CC) of paragraph (1) of Code Section
33-8-1
.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-154 - Compliance with workers' compensation obligations by participation in fund

The participation by a member in a fund created pursuant to this article shall enable it to comply with its duty as an employer to assure payment of workers' compensation in accordance with this chapter.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-155 - License required for solicitation of membership or participation in fund; procedure for admission of new members; underwriting criteria

(a)
Any other provision of law to the contrary notwithstanding, no person other than a trustee, officer, or administrator of the fund shall solicit membership or participation in any fund unless such person:
(1)
Has a valid agent's license for property and casualty insurance or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33; or
(2)
Is an officer, director, or employee of:
(A)
A professional association or trade association; or
(B)
A corporation with its income exempt pursuant to Section 115 of the United States Internal Revenue Code.
(b)
After the inception date of a fund, prospective new members of the fund shall submit an application for membership to the board of the fund and, unless the fund elects to meet the requirements of subsection (c) of this Code section, to the Commissioner on a form prescribed by the Commissioner. The board of the fund or the administrator, with the approval of the board of the fund, shall establish the amount to be paid or contributed by each applicant to become a member of the fund. If the Commissioner does not disapprove the application of a prospective new member within 45 days, the applicant, upon payment or contribution to the fund as determined in accordance with this article, shall be authorized to become a member of the fund, to subscribe to and abide by the intrastate agreement, bylaws, rules, and regulations of the fund, and to share the liabilities and assets of the fund in accordance with its bylaws and with the applicable provisions of this article. The board of the fund may take into consideration the loss ratio of a prospective member in establishing such member's initial payment or contribution, provided that, notwithstanding the provisions of this Code section, such prospective member's initial payment or contribution shall be reasonable in relationship to the initial payment or contribution paid by the other members of the fund. Any person or group aggrieved by a determination of the board of the fund regarding the establishment of a member's initial payment or contribution shall have the right to appeal such determination to the Commissioner.
(c)
The trustees of a fund may submit underwriting criteria to the Commissioner for approval and unless the Commissioner disapproves the underwriting criteria within 90 days, the fund shall be authorized to approve or deny application for membership in the fund according to such underwriting criteria. The Commissioner, in conjunction with any examination of the fund, shall ensure that the fund is complying with the underwriting criteria submitted and approved by the Commissioner.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-157 - Boards of trustees - Appointment of members

Each fund created pursuant to this article shall be operated by a board of trustees chosen by the mutual agreement of the participating members of such fund in accordance with this article and with the bylaws of the fund. The appointment of any trustee shall be subject to the approval of the Commissioner.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-158 - Boards of trustees - Powers

The board of the fund shall have the following specific powers, together with such other powers granted elsewhere in this article as may be necessary or incidental to effectuate the purposes of this article:
(1)
To invest and reinvest funds held by it in accordance with Code Section
34-9-163
;
(2)
To collect and disburse all money due or payable in accordance with this article;
(3)
To employ and contract with banks, corporate trustees, insurance agents, surplus lines brokers, insurers authorized to do business in this state, and approved surplus lines carriers;
(4)
To employ and contract with actuaries, accountants, contract administrators, and other agents and employees necessary for the operation of the fund;
(5)
To employ an administrator for the fund;
(6)
To contract with other persons or public bodies of this state for the use of services or facilities necessary, useful, or incidental to the operation of the fund;
(7)
To employ legal counsel;
(8)
To execute other contracts necessary or incidental to the operation of the fund;
(9)
To pay dividends to or levy assessments on its members;
(10)
To purchase bonds and insurance necessary to comply with the requirements of this article and the rules and regulations of the Commissioner; and
(11)
To do and perform such other and further acts, not inconsistent with this article or with other laws of this state, which may be necessary for the efficient and proper operation of the fund.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-159 - Annual reports of affairs and operations of funds; additional periodic reports; verification of reports; compliance condition for renewal of certificates

On or before March 1 in each year after it shall have commenced to do business pursuant to a certificate of authority, every fund shall make and file with the Commissioner a report of its affairs and operations during the last preceding calendar year. This annual report shall be made in such form and shall contain such information as the Commissioner may, from time to time, by regulation, prescribe and require to protect the public interest, the interests of the members of the fund, and the interests of the employees of each member. The Commissioner may, by regulation, require such additional periodic reports as the Commissioner may from time to time prescribe as necessary or appropriate to protect the members and their employees and the public, to ensure the solvency of any fund, to inform the members of the fund, and to assure fair dealing in the investments of any fund. The Commissioner may require that the reports be verified under oath by such appropriate officers or agents as the Commissioner may designate by regulation and may require the reports to be furnished to persons or entities the Commissioner determines to have a legitimate interest therein. The Commissioner may, based upon the Commissioner's evaluation of the condition of individual funds, exempt that fund from submitting any report, except the annual report required by this article. Compliance with this Code section shall be a condition of the renewal of a certificate of authority under Code Section
34-9-153
.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-160 - Method of determining financial condition and solvency of a fund and financial capacity of fund to pay obligations

In determining the financial condition and solvency of a fund and the financial capacity of a fund to pay workers' compensation obligations promptly and otherwise to meet its obligations under this chapter, the Commissioner shall take into consideration the following:
(1)
The security deposit required by Code Section
34-9-161
;
(2)
The surplus required by Code Section
34-9-162
;
(3)
Such other considerations as the Commissioner may, by rule or regulation, deem necessary or appropriate;
(4)
The Commissioner shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis;
(5)
The surplus shares of members shall be allowed as assets, except that any premiums delinquent for 90 days shall first be charged against such surplus shares;
(6)
The surplus shares of members shall not be charged as a liability;
(7)
All premiums delinquent less than 90 days shall be allowed as assets;
(8)
An assessment levied upon members and not collected shall not be allowed as an asset;
(9)
The computation of reserves shall be based upon premiums other than membership fees and without any deduction for expenses and the compensation of any contract administrator; and
(10)
The existence and face value of contracts or policies of excess insurance or other measures of financial capacity as the Commissioner may deem appropriate, including the authority of municipalities, counties, and school boards, to levy and collect taxes pursuant to the laws of this state.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-161 - Securities deposit; excess loss funding program

(a)
(1)
Each fund shall maintain a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 in the amount of $200,000.00, which amount equates to the deposits required of a domestic insurance company pursuant to Code Section
33-3-8
.
(2)
A fund may post a surety bond or bonds in the amount of $250,000.00 to satisfy the securities deposit requirement of paragraph (1) of this subsection. Such bond or bonds shall be acceptable only if issued by an insurer whose form has been approved by the Commissioner.
(3)
The security deposit required by this subsection shall be allowed as an asset and shall not be deemed as part of the surplus required by Code Section
34-9-162
.
(b)
The excess loss funding program of a fund shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any fund created pursuant to this article. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of an agency, any combination of the foregoing, or any other funding program acceptable to the Commissioner. A fund may be permitted to purchase excess insurance:
(1)
From insurers authorized to transact business in this state; or
(2)
From approved surplus lines carriers.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-162 - Maintenance of surplus and expendable surplus; waiver of surplus requirements; return of surplus to members of fund

(a)
A fund formed pursuant to this article shall possess and thereafter maintain a minimum surplus of not less than $200,000.00.
(b)
Any fund established prior to July 1, 1995, which has satisfied the surplus requirement of this Code section by utilization of a surety bond shall replace such bond with cash or cash equivalent within 60 months of the date such bond was submitted to the Commissioner.
(c)
Any fund established prior to July 1, 1995, which had received from the Commissioner a waiver of surplus pursuant to subsection (b) of this Code section as it existed prior to July 1, 1995, shall have until July 1, 1998, to replace such waiver with actual surplus and provide evidence of such surplus to the Commissioner.
(d)
At the discretion of the board of the fund, any surplus exceeding the requirements of this Code section and the total of all other liabilities of the fund may be returned to the members of the fund. The board of the fund shall notify the Commissioner by letter within ten days following the return of any surplus.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-163 - Investment of assets; maintenance of loss reserves

(a)
Except as otherwise specifically provided for in this article, the investable assets of a fund shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or investments as the Commissioner may permit such insurers to invest their funds under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which apply to property and casualty insurance companies under Title 33.
(b)
For all claims under policies written in the three years immediately preceding the date as of which the statement is made, a fund shall maintain:
(1)
Actual loss reserves, incurred but not reported loss reserves, and reserves for aggregate excess insurance which, combined with actual loss and loss expense payments, shall be in an amount at least equal to the loss fund percentage as stated in the fund's excess insurance policy or such higher amounts as required by the Commissioner; or
(2)
With the approval of the Commissioner, loss reserves in an amount equal to the greater of the amount established by an independent casualty actuary in accordance with actuarial standards or 45 percent of earned premiums written in each of the three years prior to the date on which the report or statement is to be made, less all loss and loss expense payments made in connection with the claims under policies written in those three years. For the purposes of this paragraph, the term "actuarial standards" means the standards adopted by the Casualty Actuarial Society in its Statement of Principles Regarding Property and Casualty Loss and Loss Adjustment Expense Reserves and the Standards of Practice adopted by the Actuarial Standards Board.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-164 - Payment of operating expenses by members of fund; liability of members; payment by funds of expenses of State Board of Workers' Compensation; legal capacity of funds

(a)
Each member shall pay into the fund its share of the fund's projected obligation for workers' compensation liability, administrative expenses, and other costs incurred by the fund as may be determined by the board of the fund or by the fund's administrator and approved by the board of the fund, all in accordance with this article. The share shall be adjusted by the board of the fund according to the claims experience of each participating member in accordance with criteria set forth in the bylaws of the fund. The premium for each year shall be paid by each member at the beginning of each fund year unless otherwise provided for under the intrastate agreement or under a payment plan developed by the board of the fund and submitted to and approved by the Commissioner. The board of the fund shall make payments to the employees of the members out of the fund for workers' compensation benefits pursuant to and in accordance with the claims procedures set forth in this chapter; and the board of the fund shall determine what, if any, dividends or assessments shall be paid to or levied against the participating members of the fund.
(b)
The board of each fund shall establish and implement a loss prevention and loss control program for each member of the fund.
(c)
Each member of the fund shall be jointly and severally liable for all legal obligations of the fund, including, but not limited to, any obligations of the fund to pay claims against the fund arising out of any occurrence, incident, or accident covered under this chapter.
(d)
Each fund shall be treated as a self-insurer for the purposes of Article 9 of this chapter.
(e)
Each fund shall be liable under Code Section
34-9-63
for its share of the expenses of the State Board of Workers' Compensation and, for the purposes of that Code section only, it shall be treated as though it were an insurer.
(f)
Each fund may sue and be sued in its own name. Service of process shall be perfected upon the fund by serving its registered Georgia agent for service of process or by otherwise serving the fund in accordance with the laws of this state.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-165 - Requirements as to contracts between funds and administrators not employed by funds

(a)
If a fund contracts with an administrator which is not an employee of the fund, the fund and the administrator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with this Code section. The agreement shall set forth the following:
(1)
The powers of the administrator;
(2)
The general services to be performed by the administrator;
(3)
The manner and amount of compensation to be paid to the administrator and any arrangements between the fund and the administrator for the payment of administrative and other expenses incurred in connection with the operation of the fund;
(4)
A contractual provision obligating the administrator to obtain and maintain such bonds, deposits, or insurance coverage as may be required to be maintained by this article; and
(5)
A requirement that errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulations of the Commissioner be written with an authorized insurer or an eligible surplus lines insurer and be maintained at all times by the administrator.
(b)
The agreement may provide for the following:
(1)
The right of substitution of the administrator and the revocation of the agreement upon notice to the Commissioner;
(2)
Restrictions upon the exercise of power by the administrator; and
(3)
Any other lawful provision deemed necessary or appropriate.
(c)
The terms of any such agreement shall be reasonable and equitable, and the agreement and any amendments thereto shall be filed with the Commissioner at least 30 days prior to their use. Any such agreement and any and all amendments thereto which have not been specifically disapproved by the Commissioner within 30 days after the filing thereof shall be deemed to be approved.
(d)
A copy of the agreement and any and all amendments thereto shall be furnished to each member upon request.
(e)
Except as provided in subsection (d) of this Code section, such agreements and amendments shall be confidential and privileged and shall not be released to the public by the Commissioner without the prior written consent of the parties thereto.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-166 - Fiduciary responsibilities of trustees, officers, or administrators of moneys

Any trustee, officer, or administrator of a fund who receives, collects, disburses, or invests moneys in connection with the activities of the fund shall be responsible for such moneys in a fiduciary capacity.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-167 - Bond, liability insurance, and resident office of administrator

(a)
The Commissioner shall require each administrator to have and maintain a fidelity bond pursuant to Code Section
33-23-102
.
(b)
Errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulations of the Commissioner shall be maintained at all times by an administrator of a fund; and a certificate by the insurer or other appropriate evidence of such coverage shall be filed with the Commissioner by the fund.
(c)
Each administrator shall maintain an office in this state for the payment, processing, and adjustment of the claims of the fund or funds which it represents.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-168 - Grounds and procedure for restraining transaction of business by fund or administrator; appointment of receivers; criminal prosecution

If the Commissioner finds that any fund or its administrator (1) has failed to comply with any provision of this article, (2) is fraudulently operated, (3) is in such condition as to render further fund operations hazardous to the public interest or to the interests of the fund's members and their employees, (4) is financially unable to meet its obligations and claims as they come due, or (5) has violated any other provision of law, he may apply to the Superior Court of Fulton County for an injunction. The court may forthwith issue a temporary injunction restraining the transaction of any business by the fund; and, after a full hearing, it may make the injunction permanent and appoint one or more receivers to take possession of the books, papers, moneys, and other assets of the fund in order to settle its affairs and distribute its funds to those entitled thereto, subject to such rules and orders as the court may prescribe. If it appears that a crime has been committed in connection with the administration or management of any fund, the Attorney General may pursue the appropriate criminal action.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-169 - Revocation and suspension of certificates of authority; probation and fine; voluntary dissolution or termination of functions

(a)
The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any fund when and if, after investigation, he finds that:
(1)
Any certificate of authority issued to the fund was obtained by fraud;
(2)
There was any material misrepresentation in the application for the certificate of authority;
(3)
The fund or its administrators have otherwise shown themselves to be untrustworthy or incompetent;
(4)
Such fund or its administrator has violated any of the provisions of this article or the rules and regulations of the Commissioner promulgated pursuant to this article;
(5)
The fund or its administrator has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member, an employee of a member, or a person otherwise entitled thereto and which have been entrusted to the fund or its administrator in its fiduciary capacities; or
(6)
The fund is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members and their employees.
(b)
Before the Commissioner shall revoke, suspend, or refuse to issue or renew the certificate of authority of any fund, he shall give the fund an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any fund for any of the causes enumerated in this Code section, after hearing as provided in this article, the Commissioner may place the fund and its administrator on probation for a period of time not to exceed one year, may fine the fund not more than $1,000.00 for each offense, or both, when, in his judgment, he finds that the public interest and the interests of the fund's members and their employees would not be harmed by the continued operation of the fund. The amount of any such penalty shall be paid by the fund to the Commissioner for the use of the state. At any hearing provided for by this Code section, the Commissioner shall have authority to administer oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury.
(c)
No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless:
(1)
Written approval is first obtained from the Commissioner; and
(2)
The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made.
Amended by 2004 Ga. Laws 564, § 34, eff. 5/13/2004.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-171 - Tax exemption

Funds organized and operating pursuant to this article shall be exempt from state and local premium taxes.
2023 CODE OF GEORGIA › Title 34 - LABOR AND INDUSTRIAL RELATIONS (§§ 34-1-1 — 34-15-40) › Chapter 9 - WORKERS' COMPENSATION (§§ 34-9-1 — 34-9-432) › Article 5 - GROUP SELF-INSURANCE FUNDS (§§ 34-9-150 — 34-9-182) › Section 34-9-172 - Examinations by Commissioner to verify solvency of funds

(a)
The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33, except that each fund shall be examined at least once each five years. The Commissioner shall have the authority to require information to substantiate that the sponsoring association is engaged in substantial activity for the benefit of its members in accordance with the definitions of Code Section
34-9-151
, but that authority is not to be construed as the right to regulate or inspect that association or its members.
(b)
The Commissioner is authorized to contract with private examiners to conduct examinations pursuant to subsection (a) of this Code section. If employees of the department conduct the examinations, the fund being examined shall pay to the department the reasonable expense of conducting the examination. If contract examiners conduct the examination, the fund being examined shall, at the discretion of the Commissioner, pay the costs so incurred either to the department or to the contracting party. The Commissioner may use appropriated funds to conduct the examinations and shall provide by regulation for matters relative to the conduct of such examinations, including, without limitation, the expenditure of available funds for that purpose.