reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1375. Personnel

RS 23:1375 - Personnel
A. The board shall appoint, fix the compensation and prescribe the duties of an executive director, who shall be in the unclassified service. The executive director shall devote full time to his duties and may not accept or engage in additional employment of any kind.
B. The executive director shall employ and supervise all such personnel, who shall be in the classified service, necessary for the operation of the business of the board.
Added by Acts 1974, No. 165, §1; Acts 2006, No. 453, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1376. Rule making power; reports

RS 23:1376 - Rule making power; reports
A. The board may conduct such investigations, hold such hearings and adopt such rules and regulations as are necessary and proper to carry out its functions.
B. The board may collect information and compile statistics relevant and pertinent to the administration of the second injury fund. In order to accomplish this purpose, it may require employers and insurers to file reports with it containing such information and details as the board prescribes with respect to occupational accidents and workers' compensation claims.
Added by Acts 1974, No. 165, §1. Acts 1983, 1st Ex. Sess., No. 1, §6.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1379. Annual report

RS 23:1379 - Annual report
The board shall make an annual report to the governor and the legislature, which shall contain a statement of the operations of the fund.
Added by Acts 1974, No. 165, §1; Acts 2006, No. 453, §1, eff. June 15, 2006.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1391. Purpose

RS 23:1391 - Purpose
A. It is hereby declared by the Legislature of Louisiana that an adequate market for workers' compensation insurance is necessary to the economic welfare of the state and that without such insurance, the orderly growth and development of the state would be severely impeded; that, furthermore, adequate insurance for workers' compensation is necessary to enable employers to satisfy their legal obligation under R.S. 23:1168.
B. It is the purpose of the corporation to provide a residual market for those employers that have in good faith, but without success, sought workers' compensation insurance in the voluntary market of insurance; to provide a competitive market for preferred risk policies as defined herein; and to insure that rates charged are adequate to provide solvency and self-funding of the corporation.
Acts 1991, No. 814, §1; eff. Nov. 20, 1991.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1392. Definitions

RS 23:1392 - Definitions
As used in this Part, the following terms have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise:
(1) "Accepted risk" means an employer, other than one eligible for a preferred risk policy, who in good faith attempts to procure or retain workers' compensation insurance but is unable to do so through ordinary methods in the voluntary market from an admitted insurer with a minimum "A-" A.M. Best rating. The term also includes any legal entities that may be combined for experience rating purposes according to the rules of the commissioner of insurance.
(2) "Board" means the board of directors of the corporation.
(3) "Corporation" means the Louisiana Workers' Compensation Corporation.
(4) "Good faith" means honesty in fact in any conduct of a transaction.
(5) "Health care provider" means an individual or entity as defined in R.S. 23:1021.
(6) "Manager" means the person appointed to the position of manager by the board.
(7) "Policyholder" means a natural or artificial person named as the insured in a current policy issued by the corporation.
(8) "Preferred risk" is an employer who is a Louisiana resident, partnership, or corporation domiciled in this state whose workers' compensation insurance policy meets either of the following conditions:
(a) The prospective annual premium is less than five thousand dollars during the succeeding twelve months; the governing classifications of the policy would be in hazard group I, II, or III, as determined in retrospective rating plans approved by the commissioner of insurance; and the employer can demonstrate that its loss ratio has not exceeded seventy-hundredths during the most recent three policy years.
(b) A preferred risk is an employer who has an experience modifier of less than one and meets all other underwriting criteria established by the board.
(9) "Profit" means income including premiums earned, investment income, and fees less expenses including claims paid and reserved, claims incurred but not reported, loss adjusting expenses, administrative and production costs, and any other expenses.
(10) "Servicing carrier or contractor or vendor" means an insurer or other entity which contracts with the board to provide a service to the corporation.
(11) "Workers' compensation insurance" means insurance to cover job-related injuries, attendant medical and indemnity benefits and employer's liability insurance, and coverage under the United States Longshore and Harbor Worker's Compensation Act.
Acts 1991, No. 814, §1; eff. Nov. 20, 1991; Acts 1992, No. 374, §1; Acts 1999, No. 1256, §1, eff. July 12, 1999; Acts 2007, No. 459, §4, eff. Jan. 1, 2008; Acts 2008, No. 220, §8, eff. June 14, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1394. Applicability of other laws

RS 23:1394 - Applicability of other laws
A. The corporation shall be subject to all applicable laws of the Louisiana Insurance Code relative to an incorporated domestic mutual insurer, except as otherwise specifically provided in this Part.
B. Notwithstanding the provisions of R.S. 12:266 to the contrary, the provisions of the Louisiana Nonprofit Corporation Law, as provided in R.S. 12:201 et seq., and other provisions of Title 12 of the Louisiana Revised Statutes of 1950, relative to nonprofit business corporations, shall apply to the regulation of the business and the conduct of the affairs of the corporation in those situations in which the provisions of this Part and the Louisiana Insurance Code are silent.
C. If a conflict arises in the application of the law, the provisions of this Part shall govern first, followed by the provisions of the Louisiana Insurance Code, and finally, by the provisions of Title 12 of the Louisiana Revised Statutes of 1950.
Acts 1991, No. 814, §1; eff. Nov. 20, 1991.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1397. Incurring of debt for operations and cash flow; pledge of full faith and credit of state

RS 23:1397 - Incurring of debt for operations and cash flow; pledge of full faith and credit of state
A. The corporation shall not incur capitalization debt, in the aggregate, over five million dollars unless prior approval is obtained from the State Bond Commission. However, upon the extinguishment of the full faith and credit guarantee of the state, as provided in the constitution, the board of directors of the corporation shall have the exclusive authority to approve the capitalization debt of the corporation.
B. Any proceeds from debt incurred pursuant to this Section shall be used only for the operations of the corporation and for cash flow purposes to pay any claims under policies issued by the corporation.
C. Until such time as the corporation obtains the approval of the United States Department of Labor to provide United States Longshore and Harbor Worker's Compensation Act coverage without such security, the full faith and credit of the state of Louisiana shall be pledged for any debt incurred pursuant to this Section subject to the provisions of R.S. 23:1404.
Acts 1991, No. 814, §1; eff. Nov. 20, 1991; Acts 1999, No. 1256, §1, eff. July 12, 1999.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1400. Policy applications; risk classification

RS 23:1400 - Policy applications; risk classification
A. After the start up of the corporation and upon termination of the applicant's current policy, an applicant shall apply for coverage by the corporation in good faith, through an agent licensed by the state of Louisiana to procure workers' compensation insurance. An applicant shall not be eligible to secure workers' compensation coverage from the corporation by canceling its current coverage during the first year of the corporation's operation.
B. Pursuant to this Part and the rules and regulations in conformity herewith, applicants shall be classified as a preferred risk or an accepted risk.
Acts 1991, No. 814, §1; eff. Nov. 20, 1991.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1401. Discontinuation of Louisiana Workers' Compensation Assigned Risk Plan

RS 23:1401 - Discontinuation of Louisiana Workers' Compensation Assigned Risk Plan
A. The Louisiana Workers' Compensation Assigned Risk Plan, as authorized by R.S. 22:1475(A), is discontinued effective September 30, 1992, except for dissolution of any obligations for claims occurring prior to the termination of any policies written pursuant to the Louisiana Workers' Compensation Assigned Risk Plan.
B. Notwithstanding any other provision of law, the corporation shall be self-funding and cover corporation losses and expenses. The sole source of continual funding of the corporation shall be its policyholders and contractual services fees, except as provided in R.S. 23:1397 and 1399(A)(5). There shall be no requirement for any insurer to capitalize the corporation. There shall be no assessments or other liability imposed on any insurer for any deficit of the corporation.
C. It is the intent of this Part to provide for an orderly transfer of policies from the Louisiana Workers' Compensation Assigned Risk Plan as authorized by R.S. 22:1475(A) to the corporation as defined herein. The activities of the Louisiana Workers' Compensation Assigned Risk Plan are hereby discontinued as follows:
(1) The Louisiana Workers' Compensation Assigned Risk Plan will continue its operation for all policies with inception dates of or before September 30, 1992. All policies written thereunder shall be for one-year terms, and shall not be terminated prior to expiration except for cause. In no case shall policies with inception dates of October 1, 1992, or later, be provided under the Louisiana Workers' Compensation Assigned Risk Plan.
(2) Commencing October 1, 1992, the corporation fund shall offer policies for preferred and accepted risks.
Acts 1991, No. 814, §1; eff. Nov. 20, 1991; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1403. Policy programs

RS 23:1403 - Policy programs
A. There is established within the corporation a preferred risk policy program, hereinafter referred to as the PRP program and an accepted risk program, hereinafter referred to as the ARP program.
B. The corporation shall keep a separate accounting of all costs and revenues associated with the ARP program and the PRP program. The corporation shall issue separate rating plans for the ARP program and the PRP program according to R.S. 23:1411.
C. To participate in the PRP program, the applicant shall satisfy the definition of preferred risk as stated in R.S. 23:1392.
D. To participate in the ARP program the applicant shall satisfy the definition of accepted risk as stated in R.S. 23:1392.
E. After the PRP program has been operating at least twelve months, the board may expand the eligibility of the PRP program.
Acts 1991, No. 814, §1, eff. Nov. 20, 1991.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1404.1. State reporting

RS 23:1404.1 - State reporting
Upon its extinguishment, the full faith and credit guarantee shall no longer operate as a state liability, contingent or otherwise, for the state's accounting, budgeting, financial, or reporting purposes.
Acts 1999, No. 1256, §1, eff. July 12, 1999.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1405.1. Conversion to stock corporation; conditions; approval; laws applicable

RS 23:1405.1 - Conversion to stock corporation; conditions; approval; laws applicable
A. Notwithstanding any law to the contrary, the corporation shall not convert to a domestic stock insurer except in accordance with general law applicable to such conversion and only with the prior approval of the legislature, by concurrent resolution adopted by a majority of the elected members of each house of the legislature.
B. If the corporation converts to a domestic stock insurer, it shall be subject to laws applicable to domestic stock insurers.
Acts 1999, No. 1256, §1, eff. July 12, 1999.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1407. Sales of policies; agents not liable

RS 23:1407 - Sales of policies; agents not liable
A. Any insurance agent licensed to sell workers' compensation insurance in this state shall be authorized to sell insurance policies for the corporation in compliance with the bylaws adopted by the corporation and R.S. 22:1113(A)(3)1. The board of directors shall establish a schedule of commissions to pay for the services of the agent.
B. No action shall lie against any person authorized to sell insurance by this Section for any claim arising out of the corporation's insolvency or inability to pay claims.
Acts 1991, No. 814, §1, eff. Nov. 20, 1991; Acts 1997, No. 301, §2; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
1Repealed.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1407.1. Issuance or renewal of policies not backed by full faith and credit of state; disclosure

RS 23:1407.1 - Issuance or renewal of policies not backed by full faith and credit of state; disclosure
A. After the full faith and credit of the state is extinguished, the corporation and any person who is an officer, employee, agent, or representative of the corporation, in the solicitation and negotiation of the renewal or issuance of any policy by the corporation, shall disclose that the full faith and credit of the state does not guarantee the legal obligations of the corporation under such policy.
B. Each policy issued or renewed by the corporation after the full faith and credit of the state is extinguished shall contain a statement that the full faith and credit of the state does not guarantee the legal obligations of the corporation under the policy. Any such policy which does not contain such provision shall be void.
Acts 1999, No. 855, §1, eff. Dec. 27, 1999.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1409. Denial, cancellation, and termination

RS 23:1409 - Denial, cancellation, and termination
The nonpayment of premium for current or prior policies issued by the corporation may be a basis for the corporation to deny coverage. The failure or refusal by any applicant or insured to fully and accurately disclose to the corporation information concerning the applicant's ownership, change of ownership, operations, or payroll, including allocation of payroll among state and federal compensation programs, classification of payroll, and any other information determined by the board to be important in determining proper rates shall be sufficient ground for the corporation to deny an application or to nonrenew or terminate an existing policy. No policy shall be terminated or nonrenewed under this Section without sixty days prior notice, except for nonpayment of premium.
Acts 1991, No. 814, §1, eff. Nov. 20, 1991.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1410. Fraud division

RS 23:1410 - Fraud division
The corporation shall establish a fraud division to investigate and take any actions to remedy and prevent employer or employee fraud regarding workers' compensation. The division shall provide an annual report to the board to be submitted with the report provided for in R.S. 23:1411(C).
Acts 1991, No. 814, §1, eff. Nov. 20, 1991; Acts 1992, No. 374, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1411. Rates

RS 23:1411 - Rates
A. There shall be no premium discount on policies issued by the corporation except as provided in R.S. 23:1411(D) or when otherwise mandated by statutory provision.
B. Any rating plan or method of payment by the policyholders may be adopted by the board for the purpose of insuring that the corporation is totally solvent and self-funded. In formulating rates, the board shall use generally accepted actuarial practices and procedures as set forth in the Statement of Principle Regarding Property and Casualty Ratemaking of the Casualty Actuarial Society, in accordance with the actuarial standards of practice and compliance guidelines of the Actuarial Standards Board.
C.(1) By April first after the end of every fiscal year, the manager shall present to the board and the commissioner of insurance an annual report including financial statements as are required for fire and casualty insurance companies for that year. The financial statement shall include an opinion prepared by an independent property and casualty actuary as to the adequacy of premiums and funded reserves during that fiscal year.
(2) By June first after the end of every fiscal year, the manager shall present to the board and the commissioner of insurance an annual audit conducted by the legislative auditor in accordance with statutory accounting practices prescribed or permitted by the Department of Insurance.
(3) Upon the extinguishment of the full faith and credit guarantee, the provisions of Paragraph (2) of this Subsection shall be void and all authority of the legislative auditor over the corporation shall cease, notwithstanding any other provision of law.
(4) If the report determines that the corporation is operating at a deficit according to statutory accounting practices, then no later than the succeeding May first, the board of directors shall submit for the approval of the commissioner of insurance a plan to fund the deficit.
(5) If the plan fails to be submitted or approved, the commissioner of insurance is authorized and directed to immediately implement a plan to achieve the solvency of the corporation.
D. If the annual report issued pursuant to Subsection C of this Section indicates that all obligations of the corporation are adequately funded, the board may adopt a plan for credits, discounts, or dividends.
E. The board shall establish its rates, including rates on Jones Act coverage, on an actuarially justified class code basis, to insure that the rates of the corporation are adequate to be self-funding.
Acts 1991, No. 814, §1, eff. Nov. 20, 1991; Acts 1993, No. 564, §1, eff. June 10, 1993; Acts 1999, No. 1256, §1, eff. July 12, 1999.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1412. Workplace safety program

RS 23:1412 - Workplace safety program
A.(1) The board shall direct the corporation to formulate, implement, and monitor a workplace safety program for policyholders.
(2) The work program shall specify a list of standard industrial classifications of policyholders.
(3) The representatives of the corporation shall have reasonable access to the premises of any policyholder or applicant during regular working hours.
(4) The manager shall notify each policyholder in writing as to how he is to comply with the program.
B. The failure or refusal by any policyholder or applicant to comply with reasonable safety requirements or to permit such access as provided for in Paragraph (A)(3) shall be sufficient grounds for having its workers' compensation insurance coverage surcharged, nonrenewed, or canceled, or an applicant for such coverage denied.
Acts 1991, No. 814, §1, eff. Nov. 20, 1991; Acts 1992, No. 374, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1413. Workplace accident and injury reduction plan

RS 23:1413 - Workplace accident and injury reduction plan
A. The board shall require the corporation to require certain policyholders to establish a written workplace accident and injury reduction plan that promotes safe working conditions and which is based on clearly stated goals and objectives. At a minimum, the plan shall describe the following:
(1) The implementation by the policyholder, supervisors, and employees of the program and continued participation of management to be established, measured, and maintained.
(2) The methods used to identify, analyze, and control new or existing hazards, conditions, and operations.
(3) The investigation and corrective action implemented for workplace accidents.
(4) The enforcement of safe work practices and rules.
B. The corporation shall require such a policyholder to conduct and document a review of the workplace accident and injury reduction plan at least annually. The review shall document how procedures set forth in the plan are being met. The review shall be submitted to the corporation.
Acts 1991, No. 814, §1, eff. Nov. 20, 1991; Acts 1992, No. 374, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1414. Annual report

RS 23:1414 - Annual report
A. Within six months after the close of each fiscal year, the corporation shall present a report on its activities to the legislative auditor, the speaker of the House of Representatives, the president of the Senate, and the governor. This report shall include, but need not be limited to, the following information:
(1) The number of risks in the PRP program and the number of risks in the ARP program.
(2) A determination of whether or not the corporation is solvent and self-sufficient and if not, what remedial action the board will take to eliminate or prevent any deficit.
B. The annual report shall also contain specific findings and recommendations as to those factors that are contributing to any increase in premiums or deficits. The annual report shall also recommend any cost containment or efficiency measure to insure the proper operation of the corporation.
Acts 1991, No. 814, §1, eff. Nov. 20, 1991; Acts 1992, No. 374, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1415. Appeal to insurance commissioner

RS 23:1415 - Appeal to insurance commissioner
A. Any determination of the corporation with respect to the cancellation or nonrenewal of any policy, with the exception of cancellation for nonpayment of premium, may be appealed to the commissioner of insurance in writing, within thirty days following the receipt by certified mail of the notice. Upon receipt of an appeal, the commissioner shall schedule and hold a hearing with at least ten days written notice to the parties affected. After consideration of all matters presented at the hearing, as well as information available to him from the records of the Department of Insurance, the commissioner of insurance may affirm, annul, or modify the ruling or decision, or take any other action with respect thereto that is equitable and reasonable under the circumstances. All testimony and other evidence on which the insurance commissioner bases any decision under this Part shall be in writing, directed to the parties affected, and filed of record in the Department of Insurance.
B. Board decisions regarding rates, classifications, or any other facet of premium determination are appealable to the Nineteenth Judicial District Court.
Acts 1991, No. 814, §1, eff. Nov. 20, 1991.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1471. Short title; declaration of public policy

RS 23:1471 - Short title; declaration of public policy
This Chapter may be cited as the "Louisiana Employment Security Law".
As a guide to the interpretation and application of this Chapter, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this state. Unemployment is therefore a subject of general interest and concern which requires appropriate action by the Legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The Legislature, therefore, declares that in its considered judgment the public good, and the general welfare of the citizens of this state require the enactment of this measure, for the compulsory setting aside of unemployment reserves to be used for the benefit of unemployed persons.
Amended by Acts 1950, No. 498, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1491. Establishment and control

RS 23:1491 - Establishment and control
There is established as a special fund, separate and apart from all public moneys or funds of this state, an unemployment compensation fund, which shall be administered by the administrator exclusively for the purpose of this Chapter. This fund shall consist of (1) all contributions collected pursuant to this Chapter, together with any interest thereon collected pursuant to R.S. 23:1543 through R.S. 23:1551; (2) all fines and penalties collected pursuant to the provisions of this Chapter; (3) interest earned upon any moneys in the fund; (4) any property or securities acquired through the use of moneys belonging to the fund; (5) all earnings of such property or securities; (6) all moneys credited to this state's account in the unemployment trust fund pursuant to Section 903 of the social security act, as amended;1 and (7) all other moneys received for the fund from any other source. All moneys in the fund shall be mingled and undivided.
Amended by Acts 1959, No. 4, §1.
142 U.S.C.A. §1103.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1492. Accounts and deposits

RS 23:1492 - Accounts and deposits
The administrator shall maintain within the fund three separate accounts: (1) a clearing account, (2) an unemployment trust fund account, and (3) a benefit account. All moneys payable to the fund, upon receipt thereof by the administrator, shall be immediately deposited in the clearing account. All moneys in the clearing account after clearance thereof, shall, except as herein otherwise provided, be deposited immediately with the Secretary of the Treasury of the United States of America to the credit of the account of this state in the unemployment trust fund, established and maintained pursuant to Section 904 of the Social Security Act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this State to the contrary notwithstanding. Refunds payable pursuant to R.S. 23:1551 and R.S. 23:1472(12) F(V), may be paid from the clearing account or the benefit account. The benefit account shall consist of all moneys requisitioned from this state's account in the unemployment trust fund in the United States Treasury. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited in any depository bank in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. Moneys in the clearing and benefit accounts shall not be commingled with other state funds, but shall be maintained in separate accounts on the books of the depository bank. Such money shall be secured by the depository bank to the same extent and in the same manner as required by the general depository law of this state; and collateral pledged for this purpose shall be kept separate and distinct from any collateral pledged to secure other funds of the state. The administrator shall give a bond conditioned upon the faithful performance of his duties with respect to the fund in an amount not to exceed $25,000. The bond shall be approved by the Attorney General of this state. All sums recovered for losses sustained by the fund shall be deposited therein.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1494. Management of fund upon discontinuance of unemployment trust fund

RS 23:1494 - Management of fund upon discontinuance of unemployment trust fund
The provisions of R.S. 23:1491 through R.S. 23:1493 to the extent that they relate to the unemployment trust fund, shall be operative only so long as such unemployment trust fund continues to exist and so long as the Secretary of the Treasury of the United States of America continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this state's proportionate share of the earnings of such unemployment trust fund, from which no other state is permitted to make withdrawals. If and when such unemployment trust fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties, or securities therein, belonging to the unemployment compensation fund of this state shall be administered by the administrator as a trust fund for the purpose of paying benefits under this act, and the administrator shall have authority to hold, invest, transfer, sell, deposit, and release such moneys, and any properties, securities or earnings acquired as an incident to such administration; provided, that such moneys shall be invested in the following readily marketable classes of securities: bonds or other interest-bearing obligations of the United States of America; bonds which are the direct obligations of the State of Louisiana or any political subdivision thereof which has not defaulted in the payment of any of its bonded indebtedness during the twenty years preceding such investment; and provided that such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1512. Replacement of funds lost or expended for purposes other than administration

RS 23:1512 - Replacement of funds lost or expended for purposes other than administration
This state recognizes its obligation to replace, and hereby pledges the faith of this state that funds will be provided in the future, and applied to the replacement of, any monies received from the social security board under Title III of the Social Security Act, any unencumbered balances in the employment security administration fund as of that date, any monies thereafter granted to this state pursuant to the provisions of the Wagner-Peyser Act, and any monies thereafter made available by this state or its political subdivisions and matched by monies granted to this state pursuant to the provisions of the Wagner-Peyser Act, which the social security board finds have, because of any action or contingency, been lost or have been expended for purposes other than or in amounts in excess of, those found necessary by the social security board for the proper administration of this Chapter. Such monies shall be replaced within a reasonable time by monies appropriated by the legislature from the general funds of this state to the employment security administration fund for expenditure as provided in R.S. 23:1511. The administrator shall report to the tax commission, in the same manner as is provided generally for the submission by state departments of financial requirements for the ensuing biennium, and the governor shall include in his budget report to the next regular session of the legislature, the amount required for such replacement.
Acts 2014, No. 349, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1513.1. Reed Act account

RS 23:1513.1 - Reed Act account
There is hereby created in the employment security administration fund an account which shall be known as the Reed Act account. All monies available to the state under the authority of Section 903 of the Social Security Act, 42 USC 1103, as amended, and R.S. 23:1493 shall be deposited into the Reed Act account and shall be expended in accordance with Section 903 of the Social Security Act, 42 USC 1103, as amended, and R.S. 23:1493.
Acts 1997, No. 1114, §1, eff. July 14, 1997.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1513.2. Louisiana Workforce Commission administration account

RS 23:1513.2 - Louisiana Workforce Commission administration account
A. The Louisiana Workforce Commission administration account is hereby created in the Employment Security Administration Fund. Proceeds and interest earnings of the special assessment held for the purposes of adjusting special assessments and refunding special assessment overpayments to employers and which are not encumbered by June 30, 1997, shall be paid into this account and shall be available to the secretary on July 1, 1997, for the exclusive use by and for the administration of the Louisiana Workforce Commission regardless of the date at which time such monies are expended.
B. Said monies shall at no time be considered part of the unemployment compensation fund and shall not be expended or available for expenditure in any manner which would permit their substitution for, or a corresponding reduction in, federal funds which in the absence of said monies would be available to the commission for the administration of this Title; however, nothing in this Section shall prevent said monies from being used as a revolving account to cover expenditures necessary and proper under the law for which federal funds have been duly requested, but not yet received, subject to the charging of such expenditures against such funds when received.
Acts 1997, No. 1114, §1, eff. July 14, 1997; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1515. Employment security administration account

RS 23:1515 - Employment security administration account
A. Notwithstanding the provisions of R.S. 23:1511, there is hereby established a special account of the Employment Security Administration Fund to be known as the Employment Security Administration Account. Amounts that are appropriated and made available to the administrator from the social charge account, as provided in R.S. 23:1553(B)(7), (9), and (11), shall be paid into this account. Amounts from such account shall be pledged and dedicated for use solely and exclusively for supplemental funding of personnel costs associated with specific unemployment insurance and employment security functions of the Louisiana Workforce Commission. Such functions shall be restricted to those provided according to the provisions of this Chapter for the following:
(1) Auditing of claims filed.
(2) Recovery of amounts overpaid to claimants.
(3) Auditing of experience-rating accounts.
(4) Recovery of delinquent contributions.
(5) Disposition of appeals.
(6) Cash management and remittance processing.
(7) Field staffing.
(8) Outreach to employers, employees, and unemployed persons.
B. Such amounts shall not be expended or be available for expenditure in any manner which would permit their substitution for, or a corresponding reduction in, federal funds which in the absence of such monies would be made available for the administration of this Chapter.
Acts 1997, No. 1053, §1, eff. Jan. 1, 1998; Acts 1999, No. 197, §1, eff. Jan. 1, 2000; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1531. Basis of employer contributions; time for payment; computation

RS 23:1531 - Basis of employer contributions; time for payment; computation
A. Contributions shall accrue and become payable by each employer for each calendar year in which he is subject to this Chapter with respect to wages for employment. These contributions shall become due and be paid by each employer to the administrator for the fund in accordance with such regulations as the administrator may prescribe, and shall not be deducted, in whole or in part, from the wages of individuals in the employer's employ.
B. Notwithstanding any provision of this Chapter to the contrary, contributions with respect to wages for employment as defined in R.S. 23:1472(12)(F)(VI) may be paid annually by the employer. An employer who elects to pay such contributions annually shall be subject to the following terms regarding such contributions:
(1) Contributions shall become due and shall be paid by each employer on or before January thirty-first with respect to wages paid for employment in the previous calendar year.
(2) Any separation of employment shall be reported within ten days of such separation, along with the employer's payroll report.
(3) In the event of a termination of the employer's account, contributions shall be due and payable at the next regular quarterly due date.
(4) Any penalties or interest shall be calculated in the same manner as those for any other type of employment.
(5) Any election to pay such contributions annually shall not be terminable by the employer for two calendar years.
C. In the payment of contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.
D. During calendar year 2020, each employer's second quarter wage and tax reports, along with any contributions pertaining thereto, shall be due on September fifteenth. Third and fourth quarter wage and tax reports, along with any contributions pertaining thereto, shall remain due and payable by their regular quarterly due date.
Acts 1997, No. 1042, §1, eff. Jan. 1, 1998; Acts 2020, No. 243, §1, eff. June 11, 2020.
NOTE: See Acts 2020, No. 243, §2, regarding conflicts with certain federal provisions.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1531.1. Electronic filing of contribution, occupational information, and wage reports; employer registrations

RS 23:1531.1 - Electronic filing of contribution, occupational information, and wage reports; employer registrations
A. The secretary may require the following employers to file both their contribution and wage reports by any electronic means at the following times:
(1) For contribution and wage reports due after January 31, 2008, those employers employing two hundred fifty or more employees.
(2) For contribution and wage reports due after January 31, 2010, those employers employing two hundred or more employees.
(3) For contribution and wage reports due after January 31, 2012, those employers employing one hundred or more employees.
(4) For contribution and wage reports due after January 31, 2014, those employers employing fewer than one hundred employees.
B. The secretary may prescribe the types of media and record layout to be used in the submission of these reports.
C. The reporting requirements may be waived by the secretary for an employer if hardship is shown by the employer in a request for waiver.
D. The electronic filing requirement shall be implemented by rule adopted and promulgated with legislative oversight in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
E. The secretary may require all employers to electronically file all registrations and status reports due after January 31, 2014.
F.(1) Each employer subject to the requirements of this Section who is already reporting occupational information on a form promulgated by the administrator may continue to do so. However, beginning January 1, 2023, all employers subject to this Section shall report the occupational information, subject to appropriation of funds for implementation of this Section.
(2) The occupational information form shall be submitted electronically along with an employer's contribution and wage reports as required by this Section.
(3) Notwithstanding any provisions of law to the contrary, there shall be no penalty assessed against an employer for failing to report, or timely report, an employee's occupational code or job title or an employee's hourly rate of pay.
Acts 2007, No. 89, §1, eff. June 22, 2007; Acts 2012, No. 344, §1; Acts 2014, No. 420, §1; Acts 2021, No. 474, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1535. Variation from standard rates

RS 23:1535 - Variation from standard rates
A. A new employer's rate for his first experience-rating year, and until his experience-rating record could have been charged with benefits throughout the twenty-four consecutive calendar month period ending on the computation date, shall be the weighted average rate for employers in the same two-digit North American Industrial Classification System according to the latest computation thereof under the applicable rate table as provided in R.S. 23:1536(D)(3). However, if his reserve reflects a negative balance for any experience-rating year, his rate for such year shall be the maximum applicable to any employer for that experience-rating year. When his experience-rating record could have been charged with benefits throughout the twenty-four consecutive calendar month period ending on computation day, his rate shall be as provided in R.S. 23:1536.
B. An employer's rate for his first three experience-rating years established under the provisions of Subsection A of this Section shall not be less than one percent.
C. New employers shall not be charged for the amount of the social charge attributable to the Workforce Development Training Account provided for in R.S. 23:1553(B)(8) and (10).
Amended by Acts 1954, No. 503, §1; Acts 1975, No. 466, §2; Acts 1983, 1st Ex. Sess., No. 3, §1, eff. Jan. 1, 1983; Acts 1987, No. 864, §1, eff. Jan. 1, 1988; Acts 1987, No. 906, §2, eff. Sept. 30, 1987; Acts 1988, No. 175, §1; Acts 1988, No. 177, §1, eff. Jan. 1, 1988; Acts 1997, No. 1053, §1, eff. Jan. 1, 1998; Acts 1999, No. 197, §1, eff. Jan. 1, 2000; Acts 2001, No. 422, §1, eff. June 15, 2001; Acts 2005, No. 239, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1538. Payroll reports; failure of employer to file; incorrect reports; determination of rates

RS 23:1538 - Payroll reports; failure of employer to file; incorrect reports; determination of rates
A.(1) If the administrator finds that any employer has failed to file any payroll report or has filed a report which the administrator finds incorrect or insufficient, the administrator may make an estimate of the information required from the employer on the basis of the best evidence reasonably available to him at the time, and notify the employer thereof by registered mail addressed to his last known address. Unless the employer files the report or a corrected or sufficient report, as the case may be, no later than twenty days after the mailing of the notice, the administrator may compute such employer's rate of contribution on the basis of such estimates, and the rate so determined shall be subject to increase or decrease on the basis of subsequently ascertained information.
(2) If the administrator finds that any employer has failed to file any payroll report in the manner prescribed or approved by the administrator for more than twenty days after the date upon which the report was due, the administrator may assess a penalty. In the case of a failure to file, failure to fully complete, or late filing of any payroll report, the specific penalty shall be twenty-five dollars for that quarter, if the failure is for not more than thirty days, with an additional penalty of twenty-five dollars, for each additional thirty-day period or fraction thereof during which the failure continues, not to exceed one hundred twenty-five dollars.
(3) The provisions of this Subsection shall apply to all employers covered by this Title, including but not limited to those employers covered by R.S. 23:1552.
B. If a corporation has failed to make employer contributions as prescribed in R.S. 23:1536, or has failed to properly file reports as required by this Section, those officers or directors having control or supervision of or charged with the responsibility of filing such reports and remitting such contributions shall be personally liable for the total amount of such contributions not collected, accounted for, or not remitted, together with any interest, penalties, and fees accruing thereon. Collection of the total amount due may be made from any one or any combination of such officers or directors by use of any of the alternative remedies for the collection of said funds.
C. No employee who is not an officer or director shall be found personally liable for failure to make employer contributions as required by law.
Acts 1987, No. 463, §1; Acts 2009, No. 191, §1, eff. April 1, 2010; Acts 2012, No. 151, §1; Acts 2014, No. 419, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1539. Merger of employing units; determination of rate

RS 23:1539 - Merger of employing units; determination of rate
A. Whenever an individual, group of individuals, partnership, corporation, or employing unit, whether or not an employer as defined in this Chapter, in any manner succeeds to or acquires the employees, organization, trade, or business or substantially all the assets thereof of another employing unit which at the time of acquisition was an employer subject to this Chapter, the experience-rating records of such predecessor employer shall be transferred as of the date of acquisition to the successor employer for the purpose of rate determination.
B. If the successor employer was an employer subject to this Chapter prior to the date of the acquisition, his rate of contribution for the period from such date to the end of the then current contribution year shall be the same as his rate with respect to the period immediately preceding the date of acquisition.
C. If the successor was not an employer prior to the date of acquisition his rate shall be the rate applicable to the predecessor employer with respect to the period immediately preceding the date of acquisition, provided there was only one predecessor or there were only predecessors with identical rates; in the event that the predecessors' rates are not identical, the successor's rate shall be the highest rate applicable to any of the predecessor employers with respect to the period immediately preceding the date of acquisition.
D.(1) In all cases where an individual, firm, corporation, or other legal entity acquires an operating department, section, division, or any substantial portion of the business or assets of any employer, which is clearly segregable and identifiable, and the successor is an employer at the time of the acquisition, or becomes an employer before or within the calendar quarter immediately following the calendar quarter within which the acquisition was made, the administrator shall transfer to such successor the portion of the predecessor's payroll record and experience-rating record which is attributable to the portion of the business which was acquired.
(2) This Subsection shall apply to all such transfers or acquisitions occurring on or after July 2, 1984.
(3) For transfers occurring after June 12, 1995, the successor employer and predecessor shall submit to the administrator the predecessor's payroll and experience-rating record which is attributable to the portion of the business which was acquired within one hundred eighty days from the acquisition.
(4) The administrator shall prescribe, by regulation, the method by which the experience to be transferred shall be computed.
Acts 1984, No. 364, §1; Acts 1987, No. 302, §1; Acts 1995, No. 101, eff. June 12, 1995; Acts 2003, No. 460, §1, eff. June 20, 2003.