2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) › Part 8 - UNINSURED EMPLOYERS FUND (§§ 50-6-801 — 50-6-803) › Section 50-6-801 - [Effective until 7/1/2029] Creation - Legislative intent - Uses of fund

(a)
There is created the uninsured employers fund as an account in the general fund, which shall be invested pursuant to §
9-4-603
. Moneys from the fund may be expended to fund activities authorized by this part. Any revenues deposited in this fund shall remain in the fund until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any appropriation for the fund shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.
(b)
The uninsured employers fund may receive revenues that shall include all penalties assessed and collected from employers who fail to provide workers' compensation coverage or who fail to qualify as self-insurers pursuant to this chapter, and any other amounts that may be appropriated. In addition, when deemed necessary in the discretion of the administrator and when the balance remaining in the uninsured employers fund is less than the amount of funds distributed by the bureau to provide benefits to injured workers in the previous fiscal year, the administrator may also withdraw up to twenty-five percent (25%) of the balance of funds remaining after the costs and expenditures provided by §
50-6-913(b)
have been satisfied, from the employee misclassification education and enforcement fund to provide benefits under this part.
(c)
Except for funds collected by the administrator or the administrator's designee for penalties assessed for violations of §
50-6-412(a)(2) and (n)
, which must be deposited in the employee misclassification education and enforcement fund established by §
50-6-913
, to be administered by the administrator, the remainder of the funds collected in §
50-6-412
must be deposited in the uninsured employers fund and must be used for payment of the costs incurred by the bureau of workers' compensation to administer the assessment of and collection of the other penalties provided in §
50-6-412
, and the costs of administering this part, including, but not limited to, lien fees or fees of third-party administrators.
(d)
The bureau may use any revenues remaining in the uninsured employers fund that are not used for the purposes provided in subsection (c) to provide temporary disability benefits, medical benefits, or death benefits to an eligible employee who suffered an injury or death arising primarily within the course and scope of the employee's employment with an employer who failed to secure the payment of compensation pursuant to this chapter at the time the eligible employee suffered the injury or death.
(1)
The employee was employed by an employer who failed to secure payment of compensation pursuant to this chapter;
(2)
The employee suffered an injury on or after July 1, 2015, primarily within the course and scope of employment, at a time when the employer had failed to secure the payment of compensation;
(3)
The employee was a Tennessee resident on the date of injury;
(4)
The employee provided notice to the bureau of the injury and of the failure of the employer to secure the payment of compensation within a reasonable period of time, but in no event more than one hundred eighty (180) days, after the date of the injury; and
(5)
Except as provided in §
50-6-802(d) and (e)
, the employee secured a judgment for workers' compensation benefits against the employer for the injury.
Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024.
Amended by 2023 Tenn. Acts, ch. 145, s 5, eff. 7/1/2023, app. upon becoming a law for the purposes of promulgating rules.
Amended by 2021 Tenn. Acts, ch. 189, s 9, eff. 7/1/2021; Section 10 of the Act provides: "This act ceases to exist July 1, 2029, at which time the provisions of law changed by this act that were in effect on June 30, 2021, will be revived."
Amended by 2020 Tenn. Acts, ch. 731, s 3, eff. 6/22/2020.
Amended by 2016 Tenn. Acts, ch. 816, s 10, eff. 4/14/2016.
Amended by 2014 Tenn. Acts, ch. 765, Secs.s 1, s 2 eff. 4/24/2014.
Acts 2000, ch. 972, § 2.