reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2319. Assets and liabilities of prior state fund

39-71-2319. Assets and liabilities of prior state fund.
All assets and funds held by the state compensation insurance fund established in former 39-71-2301, 39-71-2302, 39-71-2304 through 39-71-2306, and 39-71-2324 and 39-71-2321 through 39-71-2323, 39-71-2325 through 39-71-2327, 39-71-2336, 39-71-2339, and 39-71-2340 must be transferred to the state fund, and the state fund shall assume liability for all outstanding claims and indebtedness of the previously existing state fund.
History: En. Sec. 11, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2320. Property of state fund -- investment required -- exception

39-71-2320. Property of state fund -- investment required -- exception.
All premiums and other money paid to the state fund, all property and securities acquired through the use of money belonging to the state fund, and all interest and dividends earned upon money belonging to the state fund are the sole property of the state fund and must be used exclusively for the operations and obligations of the state fund. The money collected by the state fund for claims for injuries occurring on or after July 1, 1990, may not be used for any other purpose and may not be transferred by the legislature to other funds or used for other programs. However, state fund money must be invested by the board of investments provided for in 2-15-1808, and subject to the investment agreement with the board of investments, the earnings on investments are the sole property of the state fund as provided in this section.
History: En. Sec. 9, Ch. 613, L. 1989; amd. Sec. 3, Ch. 424, L. 1995; amd. Sec. 17, Ch. 276, L. 1997; amd. Sec. 2, Ch. 603, L. 2003; amd. Sec. 2, Ch. 4, Sp. L. November 2017.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2321. What to be deposited in state fund

39-71-2321. What to be deposited in state fund.
(1) All premiums, penalties, recoveries by subrogation, interest earned upon money belonging to the state fund, securities acquired by or through use of money, and all interest and penalties on taxes in accordance with 17-2-124 must be deposited in the state fund. Except for a transfer authorized under 39-71-2352, the money must be separated into two accounts based upon whether they relate to claims for injuries resulting from accidents that occurred before July 1, 1990, or claims for injuries resulting from accidents that occur on or after that date.
(2) All funds deposited in the state fund may be spent as provided in 17-8-101(2)(b).
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 2993, R.C.M. 1921; re-en. Sec. 2993, R.C.M. 1935; amd. Sec. 4, Ch. 123, L. 1957; amd. Sec. 176, Ch. 147, L. 1963; amd. Sec. 22, Ch. 329, L. 1969; amd. Sec. 69, Ch. 23, L. 1975; amd. Sec. 1, Ch. 171, L. 1975; R.C.M. 1947, 92-1105(2); amd. Sec. 5, Ch. 283, L. 1983; amd. Sec. 32, Ch. 613, L. 1989; amd. Sec. 12, Ch. 4, Sp. L. May 1990; amd. Sec. 4, Ch. 797, L. 1991; amd. Sec. 10, Ch. 630, L. 1993; amd. Secs. 18, 19, Ch. 276, L. 1997; amd. Sec. 6, Ch. 184, L. 1999; amd. Sec. 21, Ch. 389, L. 1999; amd. Sec. 26, Ch. 475, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2322. Money in state fund held in trust -- disposition of funds upon repeal of chapter

39-71-2322. Money in state fund held in trust -- disposition of funds upon repeal of chapter.
The money coming into the state fund must be held in trust for the purpose for which the money was collected. If this chapter is repealed, the money is subject to the disposition provided by the legislature repealing this chapter. In the absence of a legislative provision, distribution must be in accordance with the justice of the matter, due regard being given to obligations of compensation incurred and existing.
History: En. Sec. 24, Ch. 96, L. 1915; re-en. Sec. 2966, R.C.M. 1921; re-en. Sec. 2966, R.C.M. 1935; amd. Sec. 168, Ch. 147, L. 1963; R.C.M. 1947, 92-840; amd. Sec. 6, Ch. 283, L. 1983; amd. Sec. 33, Ch. 613, L. 1989; amd. Sec. 20, Ch. 276, L. 1997; amd. Sec. 3, Ch. 603, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2323. Surplus in state fund -- payment of dividends

39-71-2323. Surplus in state fund -- payment of dividends.
Subject to the provisions of 39-71-2316, if at the end of any fiscal year there exists in the state fund account created by 39-71-2321 for claims for injuries resulting from accidents that occur on or after July 1, 1990, an excess of assets over liabilities, including necessary reserves and an appropriate surplus as determined by the board in accordance with 39-71-2330, and if the excess may be refunded safely, then the board, after consultation with the independent actuary engaged pursuant to 39-71-2330, may declare a dividend. The state fund must prescribe the manner of payment to those employers who have paid premiums into the state fund in excess of liabilities.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 2998, R.C.M. 1921; re-en. Sec. 2998, R.C.M. 1935; amd. Sec. 6, Ch. 123, L. 1957; amd. Sec. 180, Ch. 147, L. 1963; amd. Sec. 72, Ch. 23, L. 1975; R.C.M. 1947, 92-1110; amd. Sec. 7, Ch. 283, L. 1983; amd. Sec. 34, Ch. 613, L. 1989; amd. Sec. 13, Ch. 4, Sp. L. May 1990; amd. Sec. 5, Ch. 630, L. 1993; amd. Sec. 3, Ch. 407, L. 1999; amd. Sec. 16, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2324. Repealed

39-71-2324. Repealed.
Sec. 59, Ch. 613, L. 1989.
History: En. Sec. 40, Ch. 96, L. 1915; amd. Sec. 7, Ch. 196, L. 1921; re-en. Sec. 3000, R.C.M. 1921; re-en. Sec. 3000, R.C.M. 1935; amd. Sec. 17, Ch. 176, L. 1953; amd. Sec. 186, Ch. 147, L. 1963; amd. Sec. 73, Ch. 23, L. 1975; R.C.M. 1947, 92-1112; amd. Sec. 8, Ch. 283, L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2325. State fund to keep accounts of segregations

39-71-2325. State fund to keep accounts of segregations.
The state fund shall keep an accurate account of all the segregations of the state fund and shall divert from the fund any sums necessary to meet monthly payments, pending the conversion into cash of any security, and in such case shall repay the same out of the cash realized from the security.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 3001, R.C.M. 1921; re-en. Sec. 3001, R.C.M. 1935; amd. Sec. 187, Ch. 147, L. 1963; amd. Sec. 74, Ch. 23, L. 1975; R.C.M. 1947, 92-1113; amd. Sec. 9, Ch. 283, L. 1983; amd. Sec. 35, Ch. 613, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2326. Repealed

39-71-2326. Repealed.
Sec. 6, Ch. 664, L. 1987.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 3010, R.C.M. 1921; re-en. Sec. 3010, R.C.M. 1935; amd. Sec. 184, Ch. 147, L. 1963; amd. Sec. 81, Ch. 23, L. 1975; R.C.M. 1947, 92-1122; amd. Sec. 10, Ch. 283, L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2327. Earnings of state fund to be credited to fund -- improper use a felony

39-71-2327. Earnings of state fund to be credited to fund -- improper use a felony.
All earnings made by the state fund by reason of interest paid for the deposit of funds or otherwise must be credited to and become a part of the fund, and the making of profit, either directly or indirectly, by any person out of the use of the fund is a felony. A person convicted of an offense under this section is punishable by imprisonment in the state prison for a term not to exceed 2 years or a fine of not more than $5,000, or both.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 3011, R.C.M. 1921; re-en. Sec. 3011, R.C.M 1935; amd. Sec. 185, Ch. 147, L. 1963; amd. Sec. 82, Ch. 23, L. 1975; R.C.M. 1947, 92-1123; amd. Sec. 11, Ch. 283, L. 1983; amd. Sec. 36, Ch. 613, L. 1989; amd. Sec. 21, Ch. 276, L. 1997; amd. Sec. 4, Ch. 603, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2328. State fund alternative personal leave plan -- exception -- collective bargaining negotiation -- personal leave definition

39-71-2328. State fund alternative personal leave plan -- exception -- collective bargaining negotiation -- personal leave definition.
(1) Except as provided in subsection (2), the state fund, after consultation with the department of administration, may develop an alternative personal leave plan for all state compensation insurance fund employees. The number of days and the rate at which the number of days are earned for the alternative personal leave plan must be the same as the combined total of days provided for in 2-18-612 and 2-18-618. Prior to implementation, the alternative personal leave plan must be adopted by the board and the board may adopt changes to the plan.
(2) The state fund, after consultation with the department of administration, may develop one or more alternative personal leave plans for some or all of its employees or may choose to develop an alternative personal leave plan for a particular class of employees or work unit.
(3) To the extent that an alternative personal leave plan applies to an employee who is a member of a collective bargaining unit, the implementation of the personal leave plan is subject to negotiation under 39-31-305.
(4) As used in this section, "personal leave" means all leave provided to an employee under the provisions of Title 2, chapter 18, part 6.
History: En. Sec. 1, Ch. 314, L. 2001.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2330. Rate setting -- surplus -- multiple rating tiers

39-71-2330. Rate setting -- surplus -- multiple rating tiers.
(1) The board has the authority to establish the rates to be charged by the state fund and the supplementary rate information to determine the applicable premium as provided in 39-71-2311 and 39-71-2316 and shall file the rates and supplementary rate information with the commissioner as provided in Title 33, chapter 16. The board shall engage the services of an independent actuary who is a member in good standing with the American academy of actuaries to develop and recommend actuarially sound rates. Rates must be set at amounts sufficient, when invested, to carry the estimated cost of all claims to maturity, to meet the reasonable expenses of conducting the business of the state fund, and to amass and maintain an excess of surplus over the amount produced by the national association of insurance commissioners' risk-based capital requirements for a casualty insurer.
(2) Because surplus is desirable in the insurance business, the board shall annually determine the level of surplus that must be maintained by the state fund pursuant to this section. The state fund shall use the amount of the surplus above the risk-based capital requirements to secure the state fund against various risks inherent in or affecting the business of insurance and not accounted for or only partially measured by the risk-based capital requirements.
(3) The board may establish multiple rating tiers for classifications that take into consideration losses, premium size, and other factors relevant in placing an employer within a rating tier. The board shall file any multiple rating tiers with the commissioner for review as provided in Title 33, chapter 16.
History: En. Sec. 7, Ch. 630, L. 1993; amd. Sec. 4, Ch. 407, L. 1999; amd. Sec. 9, Ch. 314, L. 2001; amd. Sec. 17, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2331. Workplace safety program

39-71-2331. Workplace safety program.
(1) An employer that is not eligible for the tier with the lowest-rated premium for workers' compensation purposes is eligible to join a state fund pooled risk safety group, as provided in 39-71-2332, if the employer:
(a) adopts and maintains a written, comprehensive workplace safety program that has been in place for more than 1 year and that meets the criteria established by rule implementing Title 39, chapter 71, part 15;
(b) adopts transitional and return-to-work programs;
(c) has at least 3 years of experience without losses;
(d) uses available safety consultation services or programs offered by the department or the state fund. Safety consultation may be provided to individual employers or to groups. The department and the state fund shall notify each employer in a group, as provided in 39-71-2332, regarding the availability of safety and return-to-work resources.
(e) complies with the terms and conditions of the state fund pooled risk safety group as provided in 39-71-2332.
(2) The state fund and the department shall share information on workplace safety programs and transitional and return-to-work programs.
History: En. Sec. 1, Ch. 218, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2332. Pooled risk safety group

39-71-2332. Pooled risk safety group.
(1) Subject to Title 33, chapter 16, the state fund may establish one or more groups of individual policies in a pooled risk safety group to promote safety as a way to reduce losses among members of the pooled risk safety group.
(2) Each member of a pooled risk safety group must be eligible as provided in 39-71-2331 and must have an individual workers' compensation plan No. 3 policy. An individual policy may be included in only one group.
(3) The state fund shall annually establish the terms and conditions of the plan that defines the requirements of participation for a pooled risk safety group. The plan must include the criteria to be eligible for an aggregate return of premium and a method for apportioning the return of premium among members of the group.
(4) The aggregate record of the individual members of the pooled risk safety group is the basis for determining if the members of the pooled risk safety group qualify for a return on premiums.
History: En. Sec. 2, Ch. 218, L. 2009; amd. Sec. 18, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2336. Manner of electing -- contract or policy of insurance -- payment of premium

39-71-2336. Manner of electing -- contract or policy of insurance -- payment of premium.
The state fund shall prescribe the procedure by which an employer may elect to be bound by compensation plan No. 3, the effective time of the election, and the manner in which the election is terminated for reasons other than default in payment of premiums. Every employer electing to be bound by compensation plan No. 3 must receive from the state fund a contract or policy of insurance in a form approved by the department. All Montana operations of an employer, as defined in 39-71-117, covered by compensation plan No. 3 must be insured by the state compensation insurance fund. The premium must be paid by the employer to the state fund at times that the state fund prescribes and must be paid over by the state fund to the state treasurer to the credit of the state fund.
History: En. Sec. 40, Ch. 96, L. 1915; amd. Sec. 6, Ch. 196, L. 1921; re-en. Sec. 2991, R.C.M. 1921; re-en. Sec. 2991, R.C.M. 1935; amd. Sec. 2, Ch. 123, L. 1957; amd. Sec. 178, Ch. 147, L. 1963; amd. Sec. 2, Ch. 233, L. 1969; amd. Sec. 67, Ch. 23, L. 1975; R.C.M. 1947, 92-1103; amd. Sec. 3, Ch. 283, L. 1983; amd. Sec. 29, Ch. 613, L. 1989; Sec. 39-71-2303, MCA 1987; redes. 39-71-2336 by Code Commissioner, 1989; amd. Sec. 12, Ch. 69, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2337. State fund to submit notice of coverage within 30 days -- penalty for failure

39-71-2337. State fund to submit notice of coverage within 30 days -- penalty for failure.
(1) The state fund shall, within 30 days after the issuance of an insurance policy, submit to the department the notice of coverage stating the effective date of the policy insuring the employer and other information the department requires. Notice to the department under this section must be provided electronically.
(2) The department:
(a) may recognize the advisory organization designated under 33-16-1023 or recognize other organizations as agents for the state fund; and
(b) shall, under terms and conditions acceptable to the department, accept notice of coverage received from the agents recognized under subsection (2)(a) as the state fund's notice of coverage.
(3) The department may assess a penalty of not more than $200 against the state fund if the state fund does not comply with the 30-day notice requirement. The penalty may be assessed for each policy that is not reported to the department in a timely manner.
History: En. Sec. 44, Ch. 613, L. 1989; amd. Sec. 16, Ch. 214, L. 2001; amd. Sec. 13, Ch. 69, L. 2005; amd. Sec. 13, Ch. 117, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2339. Cancellation of coverage -- 20-day notice required

39-71-2339. Cancellation of coverage -- 20-day notice required.
(1) The state fund may cancel an employer's coverage under this part for failure to report payroll or pay the premiums due or for another cause provided in the insurance policy. Cancellation may take effect only by written notice to the named insured and the department at least 20 days prior to the date of cancellation or, in cases of nonreporting of payroll or nonpayment of a premium, by failure of the employer to submit payroll reports or pay a premium within 20 days after the due date. The state fund shall notify the department of the names and effective dates of all policies canceled. However, the policy terminates on the effective date of a replacement or succeeding insurance policy issued to the insured. This section does not prevent the state fund from canceling an insurance policy before a replacement policy is issued to the insured. After the cancellation date, the employer has the same status as an employer who is not enrolled under the Workers' Compensation Act unless a replacement or succeeding insurance policy has been issued. Notice to the department under this section must be provided electronically.
(2) The department:
(a) may recognize the advisory organization designated under 33-16-1023 or recognize other organizations as agents for the state fund; and
(b) shall, under terms and conditions acceptable to the department, accept notice of cancellation received from the agents recognized under subsection (2)(a) as the state fund's notice of cancellation.
(3) (a) The department may assess a penalty of up to $200 against the state fund if it does not comply with the notice requirement in subsection (1).
(b) The penalty may be assessed for each policy cancellation that is not reported to the department in a timely manner.
(c) The state fund may contest the penalty assessment in a hearing conducted according to department rules.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 3002, R.C.M. 1921; amd. Sec. 1, Ch. 201, L. 1935; re-en. Sec. 3002, R.C.M. 1935; amd. Sec. 10, Ch. 235, L. 1947; amd. Sec. 7, Ch. 123, L. 1957; amd. Sec. 181, Ch. 147, L. 1963; amd. Sec. 75, Ch. 23, L. 1975; amd. Sec. 1, Ch. 225, L. 1975; R.C.M. 1947, 92-1114(part); amd. Sec. 30, Ch. 613, L. 1989; Sec. 39-71-2307, MCA 1987; redes. 39-71-2339 by Code Commissioner, 1989; amd. Sec. 7, Ch. 323, L. 1991; amd. Sec. 4, Ch. 305, L. 1995; amd. Sec. 17, Ch. 214, L. 2001; amd. Sec. 14, Ch. 69, L. 2005; amd. Sec. 23, Ch. 112, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2340. Collection in case of default

39-71-2340. Collection in case of default.
(1) If an employer under plan No. 3 defaults in any payment to the state fund, the state fund may collect the sum due in a civil action in the name of the state. The right of action is cumulative.
(2) If an employer's right to operate has been canceled by the state fund for failure to pay premiums and the state fund finds that the property and assets of the employer are not sufficient to pay the premiums, the state fund may compromise the claim for premiums and accept a payment of an amount less than the total amount due.
History: En. Sec. 40, Ch. 96, L. 1915; re-en. Sec. 3002, R.C.M. 1921; amd. Sec. 1, Ch. 201, L. 1935; re-en. Sec. 3002, R.C.M. 1935; amd. Sec. 10, Ch. 235, L. 1947; amd. Sec. 7, Ch. 123, L. 1957; amd. Sec. 181, Ch. 147, L. 1963; amd. Sec. 75, Ch. 23, L. 1975; amd. Sec. 1, Ch. 225, L. 1975; R.C.M. 1947, 92-1114(part); amd. Sec. 31, Ch. 613, L. 1989; Sec. 39-71-2308, MCA 1987; redes. 39-71-2340 by Code Commissioner, 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2341. Repealed

39-71-2341. Repealed.
Secs. 11, 14(3), Ch. 314, L. 2001.
History: En. Sec. 10, Ch. 295, L. 1993; amd. Sec. 5, Ch. 407, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2351. Purpose of separation of state fund liability as of July 1, 1990, and of separate funding of claims before and on or after that date

39-71-2351. Purpose of separation of state fund liability as of July 1, 1990, and of separate funding of claims before and on or after that date.
(1) The legislature has determined that it is necessary to the public welfare to make workers' compensation insurance available to all employers through the state fund as the guaranteed market. In previous years of making this insurance available, and prior to July 1, 1990, the state fund incurred an unfunded liability. The legislature determined that the most cost-effective and efficient way to provide a source of funding for and to ensure payment of the unfunded liability and the best way to administer the unfunded liability was to separate the liability of the state fund on the basis of whether a claim is for an injury resulting from an accident that occurred before July 1, 1990, or an accident that occurs on or after that date.
(2) The legislature further determines that in order to prevent the creation of a new unfunded liability with respect to claims for injuries for accidents that occur on or after July 1, 1990, certain duties of the state fund should be clarified and regulation of the state fund, effective January 1, 2016, and subject to 33-1-115 and 39-71-2375, should be under Title 33, which governs plan No. 2 and plan No. 3 insurers operating in this state.
History: En. Sec. 1, Ch. 4, Sp. L. May 1990; amd. Sec. 5, Ch. 797, L. 1991; amd. Sec. 1, Ch. 637, L. 1993; amd. Sec. 22, Ch. 276, L. 1997; amd. Sec. 19, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2352. Separate payment structure and sources for claims for injuries resulting from accidents that occurred before July 1, 1990, and on or after July 1, 1990 -- spending limit -- authorizing transfer of money

39-71-2352. Separate payment structure and sources for claims for injuries resulting from accidents that occurred before July 1, 1990, and on or after July 1, 1990 -- spending limit -- authorizing transfer of money.
(1) Premiums paid to the state fund based upon wages payable before July 1, 1990, may be used only to administer and pay claims for injuries resulting from accidents that occurred before July 1, 1990. Premiums paid to the state fund based upon wages payable on or after July 1, 1990, may be used only to administer and pay claims for injuries resulting from accidents that occur on or after July 1, 1990.
(2) The state fund shall:
(a) determine the cost of administering and paying claims for injuries resulting from accidents that occurred before July 1, 1990, and separately determine the cost of administering and paying claims for injuries resulting from accidents that occur on or after July 1, 1990;
(b) keep adequate and separate accounts of the costs determined under subsection (2)(a); and
(c) fund administrative expenses and benefit payments for claims for injuries resulting from accidents that occurred before July 1, 1990, and claims for injuries resulting from accidents that occur on or after July 1, 1990, separately from the sources provided by law.
(3) The state fund may not spend more than $1.25 million a year to administer claims for injuries resulting from accidents that occurred before July 1, 1990.
(4) As used in this section, "adequately funded" means the present value of:
(a) the total cost of future benefits remaining to be paid; and
(b) the cost of administering the claims.
(5) An amount of funds in excess of the adequate funding amount established in subsection (4), based on audited financial statements adjusted for unrealized gains and losses, must be transferred to the general fund.
(6) If in any fiscal year after the old fund liability tax is terminated claims for injuries resulting from accidents that occurred before July 1, 1990, are not adequately funded, any amount necessary to pay claims for injuries resulting from accidents that occurred before July 1, 1990, must be transferred from the general fund to the account provided for in 39-71-2321.
(7) The independent actuary engaged by the state fund pursuant to 39-71-2330 shall project the unpaid claims liability for claims for injuries resulting from accidents that occurred before July 1, 1990, each fiscal year until all claims are paid.
History: En. Sec. 2, Ch. 4, Sp. L. May 1990; amd. Sec. 6, Ch. 797, L. 1991; amd. Sec. 6, Ch. 630, L. 1993; amd. Secs. 23, 24, Ch. 276, L. 1997; amd. Sec. 7, Ch. 184, L. 1999; amd. Sec. 1, Ch. 16, Sp. L. August 2002; amd. Sec. 1, Ch. 588, L. 2003; amd. Sec. 57, Ch. 2, L. 2009; amd. Sec. 13, Ch. 429, L. 2017.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2353. Repealed

39-71-2353. Repealed.
Sec. 9, Ch. 797, L. 1991.
History: En. Sec. 4, Ch. 4, Sp. L. May 1990.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2354. Repealed

39-71-2354. Repealed.
Secs. 31(2), 34(3), Ch. 276, L. 1997.
History: En. Sec. 1, Ch. 797, L. 1991; amd. Sec. 9, Ch. 637, L. 1993; amd. Sec. 38, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2355. Repealed

39-71-2355. Repealed.
Secs. 31(2), 34(3), Ch. 276, L. 1997.
History: En. Sec. 2, Ch. 797, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2356. Mutually agreeable lump-sum settlements

39-71-2356. Mutually agreeable lump-sum settlements.
During the period beginning October 1, 1991, and ending September 30, 1992, a workers' compensation claimant and the state fund may, regardless of the lump-sum law in effect on the date of the injury, mutually agree to a lump-sum settlement of a claim. If a mutual agreement is not reached, the lump-sum law in effect on the date of the injury applies.
History: En. Sec. 3, Ch. 797, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2361. Legislative audit of state fund

39-71-2361. Legislative audit of state fund.
The legislative auditor shall annually conduct or have conducted by persons appointed under 5-13-305 a financial and compliance audit of the state fund, including its operations relating to claims for injuries resulting from accidents that occurred before July 1, 1990. The audit must include evaluations of the amounts reserved. The evaluations may be conducted by persons appointed under 5-13-305. Audit and evaluation costs are an expense of and must be paid by the state fund and must be allocated between those claims for injuries resulting from accidents that occurred before July 1, 1990, and those claims for injuries resulting from accidents that occur on or after that date.
History: En. Sec. 5, Ch. 4, Sp. L. May 1990; amd. Sec. 27, Ch. 167, L. 2011; amd. Sec. 20, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2363. Agency law -- annual report

39-71-2363. Agency law -- annual report.
(1) The state fund is subject to state laws applying to state agencies, except as otherwise provided by law, and it is exempt from the provisions of The Legislative Finance Act in Title 5, chapter 12, and the provisions of Title 17, chapter 7, parts 1 through 4. The state fund may use the debt collection procedures provided in Title 17, chapter 4, part 1.
(2) (a) Except as provided in 2-15-2015, the executive director shall annually submit to the board for its approval an estimated budget of the entire expense of administering the state fund for the succeeding fiscal year, with due regard to the business interests and contract obligations of the state fund. A copy of the approved budget must be delivered to the governor and the legislature.
(b) Dividends may not be included as administrative expenditures as provided in subsection (2)(a) but are a disbursement of excess surplus pursuant to 39-71-2323 after a determination by the state fund of income from operations.
(3) The board shall submit an annual financial report to the governor and to the legislature as provided in 5-11-210, indicating the business done by the state fund during the previous year and containing a statement of the estimated liabilities of the state fund as determined by an independent actuary.
History: En. Sec. 9, Ch. 630, L. 1993; amd. Sec. 4, Ch. 424, L. 1995; amd. Sec. 25, Ch. 276, L. 1997; amd. Sec. 52, Ch. 7, L. 2001; amd. Sec. 10, Ch. 314, L. 2001; amd. Sec. 12, Ch. 120, L. 2013; amd. Sec. 21, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 23. Compensation Plan Number Three › 39-71-2370. Claims expenditures codes

39-71-2370. Claims expenditures codes.
The state fund shall continually review its claims expenditure coding structure to separately account for claims and administrative expenses. If a review demonstrates a compelling need for expenditure information that is not available, the state fund shall expand or modify its claims expenditure coding structure.
History: En. Sec. 20, Ch. 555, L. 1993; Sec. 39-71-226, MCA 2003; redes. 39-71-2370 by Sec. 11, Ch. 26, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 24. Mediation › 39-71-2401. Disputes -- jurisdiction -- settlement requirements -- mediation

39-71-2401. Disputes -- jurisdiction -- settlement requirements -- mediation.
(1) A dispute concerning benefits arising under this chapter, other than the disputes described in subsection (2), must be brought before a department mediator as provided in this part. If a dispute still exists after the parties satisfy the mediation requirements in this part, either party may petition the workers' compensation court for a resolution.
(2) A dispute arising under this chapter that does not concern benefits or a dispute for which a specific provision of this chapter gives the department jurisdiction must be brought before the department.
(3) An appeal from a department order may be made to the workers' compensation court.
(4) Except as otherwise provided in this chapter, before a party may bring a dispute concerning benefits before a mediator, the parties shall attempt to settle as follows:
(a) The party making a demand shall present the other party with a specific written demand that contains sufficient explanation and documentary evidence to enable the other party to thoroughly evaluate the demand.
(b) The party receiving the demand shall respond in writing within 15 working days of receipt. If the demand is denied in whole or in part, the response must state the basis of the denial.
(c) Upon motion of a party or upon the mediator's own motion, the mediator has the authority to dismiss a petition if the mediator finds that either party did not comply with this subsection (4). A decision dismissing a petition under this subsection (4)(c) must be in writing and must state in detail the grounds for dismissal. The mediator's decision may be reviewed by the workers' compensation court upon motion of a party.
(d) This subsection (4) does not relieve a party of an obligation otherwise contained in this chapter.
History: En. Sec. 8, Ch. 464, L. 1987; amd. Sec. 1, Ch. 427, L. 1989; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 10, Ch. 558, L. 1991; amd. Sec. 29, Ch. 416, L. 2005; amd. Sec. 1550, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 24. Mediation › 39-71-2406. Purpose

39-71-2406. Purpose.
The purpose of this part is to prevent when possible the filing in the workers' compensation court of actions by claimants or insurers relating to claims under this chapter if an equitable and reasonable resolution of the dispute may be effected at an earlier stage. To achieve this purpose, this part provides for a procedure for mandatory, nonbinding mediation. It is the intent of this part that the mediation process be used to resolve cases on an informal basis at minimal cost to the parties, and to this end, the parties are required to fully present their cases at the mediation level. However, if a cause proceeds to the workers' compensation court, the parties are not precluded from presenting additional evidence before the court. If a new issue is raised at the workers' compensation court that was not raised at mediation, the court shall remand the issue to the mediator for consideration.
History: En. Sec. 52, Ch. 464, L. 1987; amd. Sec. 2, Ch. 427, L. 1989; amd. Sec. 30, Ch. 416, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 24. Mediation › 39-71-2407. Department authority -- rules

39-71-2407. Department authority -- rules.
(1) The department shall designate mediators and shall implement the provisions of this part.
(2) The department may adopt the rules necessary to implement this part. The rules may prescribe:
(a) the qualifications of mediators; and
(b) a procedure for the conduct of mediation proceedings.
(3) The cost to the department of implementing this part must be paid out of the workers' compensation administration fund.
History: En. Sec. 53, Ch. 464, L. 1987.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 24. Mediation › 39-71-2408. Mandatory, nonbinding mediation

39-71-2408. Mandatory, nonbinding mediation.
(1) Except as otherwise provided, in a dispute arising under this chapter, the insurer and claimant shall mediate any issue concerning benefits and the mediator shall issue a report following the mediation process recommending a solution to the dispute before either party may file a petition in the workers' compensation court.
(2) The resolution recommended by the mediator is without administrative or judicial authority and is not binding on the parties.
History: En. Sec. 54, Ch. 464, L. 1987; amd. Sec. 31, Ch. 416, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 24. Mediation › 39-71-2409. Duties of mediator

39-71-2409. Duties of mediator.
A mediator shall assist the parties in negotiating a resolution to their dispute by:
(1) facilitating an exchange of information between the parties;
(2) assuring that all relevant information is brought forth during the mediation process;
(3) suggesting possible solutions to issues of dispute between the parties;
(4) recommending a solution; and
(5) assisting the parties to voluntarily resolve their dispute.
History: En. Sec. 55, Ch. 464, L. 1987; amd. Sec. 3, Ch. 427, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 24. Mediation › 39-71-2410. Limitations on mediation proceedings

39-71-2410. Limitations on mediation proceedings.
(1) Except as may be necessary for the workers' compensation court to rule on issues arising under 39-71-2401(4)(c) or 39-71-2411(8)(c), mediation proceedings must be:
(a) held in private;
(b) informal and held without a verbatim record; and
(c) confidential.
(2) All communications, verbal or written, from the parties to the mediator and any information and evidence presented to the mediator during the proceeding are confidential.
(3) A mediator's files and records are closed to all persons but the parties.
(4) (a) A mediator may not be called to testify in any proceeding concerning the issues discussed in the mediation process.
(b) The mediator's report and any of the information or recommendations contained in the report are not admissible as evidence in any action subsequently brought in any court of law.
(5) Subsections (1) through (4) do not prohibit a mediator from issuing a report and the parties and the mediator may be required to attend a conference before the workers' compensation court as set forth in 39-71-2411.
History: En. Sec. 56, Ch. 464, L. 1987; amd. Sec. 4, Ch. 427, L. 1989; amd. Sec. 11, Ch. 558, L. 1991; amd. Sec. 1, Ch. 39, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 24. Mediation › 39-71-2411. Mediation procedure

39-71-2411. Mediation procedure.
(1) Except as otherwise provided, a claimant or an insurer having a dispute relating to benefits under this chapter may petition the department for mediation of the dispute.
(2) A party may take part in mediation proceedings with or without representation.
(3) The mediator shall review the department file for the case and may receive any additional documentation or argument either party submits.
(4) The claimant and an employee of the insurer or an authorized third-party examiner with settlement authority shall attend any scheduled mediation conference in person or shall participate by telephone conference call.
(5) The mediator shall request that each party offer an argument summarizing the party's position. A party's argument must fully present the party's case. The argument is not limited by the rules of evidence.
(6) After the parties have presented all their information and arguments to the mediator, the mediator shall recommend a solution to the parties within a reasonable time to be established by rule.
(7) A party shall notify the mediator within 25 days of the mailing of the mediator's report as to whether the party accepts the mediator's recommendation. If either party does not accept the mediator's recommendation, the party may petition the workers' compensation court for resolution of the dispute.
(8) (a) If a mediator determines that either party failed to cooperate in the mediation process, the mediator shall prepare a written report setting forth the determination and the grounds for the determination. The report must be mailed to the parties and to the workers' compensation court. Unless a party disputes the determination as set forth in subsection (8)(c), the parties shall repeat the mediation process, but only one time.
(b) A mediator may determine that a party has failed to cooperate in the mediation process only if the party failed to:
(i) supply information or offer a summary of the party's position as reasonably requested by the mediator;
(ii) attend scheduled mediation conferences unless excused by the mediator; or
(iii) listen to and review the information and position offered by the opposing party.
(c) If a party disputes a mediator's determination that the party failed to cooperate in the mediation process, the party may file a petition with the workers' compensation court. Upon receipt of a petition, the court shall summon the parties and the mediator to determine by oral discussion whether the mediator's determination of noncooperation is supportable. If the court finds that the mediator's determination is supportable, the court may order the parties to attempt a second time to mediate their dispute.
History: En. Sec. 57, Ch. 464, L. 1987; amd. Sec. 5, Ch. 427, L. 1989; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 20, Ch. 516, L. 1995; amd. Sec. 2, Ch. 39, L. 2005; amd. Sec. 32, Ch. 416, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 25. Employer's Old Fund Liability Tax (Repealed) › 39-71-2501. Repealed

39-71-2501. Repealed.
Secs. 31(2), 34(3), Ch. 276, L. 1997.
History: En. Sec. 1, Ch. 664, L. 1987; amd. Sec. 57, Ch. 83, L. 1989; amd. Sec. 43, Ch. 613, L. 1989; amd. Sec. 14, Ch. 4, Sp. L. May 1990; amd. Sec. 14, Ch. 630, L. 1993; amd. Sec. 2, Ch. 637, L. 1993; amd. Sec. 2, Ch. 172, L. 1995; amd. Sec. 1, Ch. 246, L. 1995; amd. Sec. 48, Ch. 509, L. 1995; amd. Sec. 6, Ch. 572, L. 1995; amd. Sec. 26, Ch. 276, L. 1997; amd. Sec. 31, Ch. 491, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 25. Employer's Old Fund Liability Tax (Repealed) › 39-71-2502. Repealed

39-71-2502. Repealed.
Secs. 31(2), 34(3), Ch. 276, L. 1997.
History: En. Sec. 2, Ch. 664, L. 1987; amd. Sec. 15, Ch. 4, Sp. L. May 1990; amd. Sec. 3, Ch. 637, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 25. Employer's Old Fund Liability Tax (Repealed) › 39-71-2503. Repealed

39-71-2503. Repealed.
Secs. 31(2), 34(3), Ch. 276, L. 1997.
History: En. Sec. 3, Ch. 664, L. 1987; amd. Sec. 16, Ch. 4, Sp. L. May 1990; amd. Sec. 1, Ch. 220, L. 1991; amd. Sec. 7, Ch. 797, L. 1991; amd. Sec. 4, Ch. 637, L. 1993; amd. Sec. 3, Ch. 172, L. 1995; amd. Sec. 2, Ch. 246, L. 1995; amd. Sec. 49, Ch. 509, L. 1995; amd. Sec. 6, Ch. 529, L. 1995; amd. Sec. 7, Ch. 572, L. 1995; amd. Sec. 27, Ch. 276, L. 1997; amd. Sec. 39, Ch. 422, L. 1997; amd. Secs. 32, 33, 39(2), Ch. 491, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 25. Employer's Old Fund Liability Tax (Repealed) › 39-71-2504. Repealed

39-71-2504. Repealed.
Sec. 31(1), Ch. 276, L. 1997.
History: En. Sec. 4, Ch. 664, L. 1987; amd. Sec. 10, Ch. 9, Sp. L. June 1989; amd. Sec. 17, Ch. 4, Sp. L. May 1990; amd. Sec. 8, Ch. 797, L. 1991; amd. Sec. 33, Ch. 455, L. 1993; amd. Sec. 6, Ch. 637, L. 1993; amd. Sec. 47, Ch. 18, L. 1995; amd. Sec. 50, Ch. 509, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 25. Employer's Old Fund Liability Tax (Repealed) › 39-71-2505. Repealed

39-71-2505. Repealed.
Sec. 8, Ch. 184, L. 1999.
History: En. Sec. 5, Ch. 637, L. 1993; amd. Sec. 1, Ch. 27, L. 1995; amd. Sec. 28, Ch. 276, L. 1997; amd. Sec. 34, Ch. 491, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 25. Employer's Old Fund Liability Tax (Repealed) › 39-71-2506. Repealed

39-71-2506. Repealed.
Secs. 31(2), 34(3), Ch. 276, L. 1997.
History: En. Sec. 3, Ch. 572, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 25. Employer's Old Fund Liability Tax (Repealed) › 39-71-2507. Repealed

39-71-2507. Repealed.
Sec. 8, Ch. 184, L. 1999.
History: En. Sec. 6, Ch. 491, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 26. Self-Insurers Guaranty Fund › 39-71-2601. Short title

39-71-2601. Short title.
This part may be cited as the "Montana Self-Insurers Guaranty Fund Act".
History: En. Sec. 1, Ch. 244, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 26. Self-Insurers Guaranty Fund › 39-71-2602. Purpose -- construction

39-71-2602. Purpose -- construction.
(1) The purposes of this part are to provide a mechanism for the payment of covered workers' compensation claims of employers bound by compensation plan No. 1 who are unable to pay the claims because of insolvency, to establish a fund from which the claims may be paid, and to establish a board to assess the cost of the protection among those employers.
(2) This part must be liberally construed to effect its purposes. The statement of its purposes constitutes an aid and a guide to the act's interpretation.
History: En. Sec. 2, Ch. 244, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 26. Self-Insurers Guaranty Fund › 39-71-2603. Definitions

39-71-2603. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Board" means the board of directors of the Montana self-insurers guaranty fund.
(2) "Fund" means the Montana self-insurers guaranty fund established pursuant to 39-71-2609.
(3) "Insolvent private self-insurer" means an employer:
(a) (i) that is unable to pay workers' compensation claims because:
(A) it has been determined to be insolvent by a court of competent jurisdiction; or
(B) bankruptcy proceedings have been instituted by or against it; or
(ii) whose claims are not being paid on its behalf; and
(b) whose security has been exhausted pursuant to 39-71-2108.
(4) "Member" means an employer bound by compensation plan No. 1 that participates in the Montana self-insurers guaranty fund.
(5) "Private self-insurer" means a private employer bound by compensation plan No. 1 that has secured the payment of workers' compensation claims pursuant to 39-71-2101.
History: En. Sec. 3, Ch. 244, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 26. Self-Insurers Guaranty Fund › 39-71-2604. Board of directors of fund

39-71-2604. Board of directors of fund.
(1) There is a board of directors of the Montana self-insurers guaranty fund.
(2) The board consists of five members who are representatives of private self-insurers and who shall serve staggered 4-year terms.
(3) Board members are elected by the members of the fund, with each member having one vote.
(4) Board members may be reimbursed from the assets of the fund for the actual expenses incurred in connection with their duties as board members.
History: En. Sec. 4, Ch. 244, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 26. Self-Insurers Guaranty Fund › 39-71-2609. Establishment of fund -- employer participation required

39-71-2609. Establishment of fund -- employer participation required.
(1) There is a nonprofit unincorporated legal entity, to be known as the Montana self-insurers guaranty fund, financed as provided in 39-71-2615 and 39-71-2616. The fund shall perform its functions under rules adopted by, and powers exercised through, the board established under 39-71-2604.
(2) A private self-insurer shall participate as a member in the fund as a condition of the authority to self-insure in this state under 39-71-2101.
History: En. Sec. 5, Ch. 244, L. 1989; amd. Sec. 5, Ch. 163, L. 1991.
2023 Montana Code Annotated › Title 39. Labor › Chapter 71. Workers' Compensation › Part 26. Self-Insurers Guaranty Fund › 39-71-2610. Rulemaking -- powers of fund

39-71-2610. Rulemaking -- powers of fund.
(1) The board shall establish the rules necessary to carry out the purposes of this part and to meet the responsibilities of the fund.
(2) The fund may carry out its responsibilities directly or by contract. It may, if it considers necessary, purchase services and insurance and borrow funds.
(3) The fund may receive confidential information concerning the financial condition of a private self-insurer whose liabilities to pay compensation may devolve upon the fund. The board shall adopt rules to prevent dissemination of the information.
History: En. Sec. 6, Ch. 244, L. 1989.