reglab/statecodes huggingface dataset:
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 50-6-803 - Payment of benefits constitutes satisfaction of judgment - Recovery from employer

(a)
The payment of workers' compensation benefits to, or on behalf of, an injured employee pursuant to this part constitutes satisfaction of the judgment against the uninsured employer up to the amount paid. The bureau shall assume the rights of a creditor against the employer and may take action to collect the portion of the judgment that it satisfied on the employer's behalf.
(b)
The bureau shall place a lien on the assets of the employer to recover money paid pursuant to this part by filing a notice of claim with the register of deeds of any county where the employer has assets. Upon filing the notice of claim with the appropriate official, the bureau shall be a secured creditor, and any lien secured pursuant to this part has first priority over all other liens with the exception of liens established for the collection of delinquent tax payments.
(c)
The injured employee may collect the remaining portion of the judgment that was not satisfied by payment made pursuant to this part from the employer.
Added by 2014 Tenn. Acts, ch. 765,s 3, eff. 4/24/2014.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-906 - Refusal by bureau of workers' compensation to file application - Reversal or modification by court - Hearing - Appeal

(a)
If the bureau of workers' compensation refuses to file an application and list the construction services provider on the registry, the bureau of workers' compensation shall return such application to the provider within ten (10) business days after the document was received for filing, together with a brief, written explanation of the reason for the bureau of workers' compensation's refusal to file.
(b)
If the bureau of workers' compensation refuses to file an application and list a provider on the registry, the provider may appeal the refusal to the chancery court of Davidson County. The appeal shall be commenced by petitioning the court to compel listing such provider on the registry and shall attach to the petition the application and the bureau of workers' compensation's explanation of the bureau of workers' compensation's refusal to file.
(c)
The court may reverse or modify the actions of the bureau of workers' compensation if the rights of the provider have been prejudiced because the bureau of workers' compensation's actions are:
(1)
In violation of constitutional or statutory provisions;
(2)
In excess of the statutory authority of the bureau of workers' compensation;
(3)
Made upon unlawful procedure; or
(4)
Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(d)
After any hearing deemed necessary by the court, the court may summarily order the bureau of workers' compensation to list such provider on the registry or take other action the court considers appropriate.
(e)
The court's final decision may be appealed as in other civil proceedings.
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-907 - Term of validity of exemption - Renewal

(a)
The exemption obtained pursuant to this part shall be valid for two (2) years from a date and time set by the bureau of workers' compensation. No more than sixty (60) days prior to the expiration of the exemption period, a construction services provider may file an application to renew an exemption. Renewal of an exemption shall be made in a manner established by the bureau of workers' compensation.
(b)
The bureau of workers' compensation shall remove the construction services provider's name from the registry at the close of business on the day the provider's exemption expires. If the exemption expires on a day that state offices are closed or the bureau of workers' compensation's office in Nashville is closed, the exemption shall expire at the close of business on the next business day.
(c)
A construction services provider whose registration expires under this section may renew the exemption by following the procedure outlined in §
50-6-904
.
Amended by 2021 Tenn. Acts, ch. 88, Secs.s3, s5 eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-909 - Reinstatement of exemption

(a)
Except as provided in §
50-6-412(h)(2)
[codified at 50-6-412(i) effective July 1, 2021, until July 1, 2024], a construction services provider whose exemption is revoked pursuant to §
50-6-908
may apply to reinstate such exemption in the same manner as provided for in this part for an initial application.
(b)
A construction services provider whose exemption is revoked under §
50-6-908(b)
may only be granted a reinstatement of exemption:
(1)
Upon notification to the bureau of workers' compensation from the board that such provider's license is no longer revoked or suspended;
(2)
Upon verification from the bureau of workers' compensation that the provider qualified for reinstatement; and
(3)
If the bureau of workers' compensation determines that the provider meets the requirements for an exemption established pursuant to this part.
(c)
Upon verification by the bureau of workers' compensation that the requirements of subsection (b) are met, the bureau of workers' compensation shall file the application in accordance with §
50-6-905
.
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 1, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-910 - Action to recover damages

(a)
Any action to recover damages for injury, as defined by §
50-6-102
, by a construction services provider shall proceed as at common law, and the defendant in the suit may make use of all common law defenses if, at the time of the injury, the construction services provider was:
(1)
Listed on the registry as having a workers' compensation exemption and working in the service of a business entity through which the construction services provider obtained such an exemption;
(2)
Not covered under a policy of workers' compensation insurance maintained by the person or entity for whom the provider was providing services at the time of such injury; and
(3)
Eligible for an exemption pursuant to §
50-6-914(b)(2)
, if such eligibility requirements apply, at the time of such injury.
(b)
Any construction services provider proceeding as at common law pursuant to subsection (a) shall forego the right to sue to establish or reestablish workers' compensation coverage.
Acts 2010, ch. 1149, § 13; 2011, ch. 422, § 9.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-911 - Notice to public of exemptions - Website - Additions and deletions from registry

(a)
(1)
The bureau of workers' compensation shall provide notice on its website that the registry is for purposes of establishing providers who are exempt from workers' compensation coverage and in no way reflects licensing or certification of any construction services provider.
(2)
The board, the department of commerce and insurance and the bureau of workers' compensation shall each develop a notice provision to inform the public that any person or entity interested in determining whether a construction services provider is exempt from workers' compensation coverage shall review the bureau of workers' compensation's website. Such notice provision shall be prominently displayed on the websites of the board, the department of commerce and insurance and the bureau of workers' compensation.
(b)
(1)
The bureau of workers' compensation shall provide notice to the board and the department of commerce and insurance when a construction services provider is added to or removed from the registry.
(2)
If any construction services provider has a license issued by the board, and such license is revoked or suspended, the board shall immediately notify the bureau of workers' compensation, in order for the bureau of workers' compensation to revoke such provider's exemption pursuant to §
50-6-908(b)
.
Amended by 2021 Tenn. Acts, ch. 88, Secs.s3, s6, s7 eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-912 - Fees

(a)
The bureau of workers' compensation may charge the following maximum fees for each of the following:
(1)
The issuance of a construction services provider registration to providers who have not been issued a license by the board ....................$50
(2)
The issuance of a construction services provider workers' compensation exemption ....................$50
(3)
The filing of correction information pursuant to §
50-6-905(c)
....................$20
(4)
The filing of change of address information pursuant to§
50-6-905(d)
....................$20
(5)
The filing of a construction services provider workers' compensation exemption renewal ....................$50
(6)
The filing of a construction services provider registration renewal to providers who have not been issued a license by the board ....................$50
(7)
The filing of a revocation pursuant to §
50-6-908(a)
....................$20
(8)
The issuance of a copy of the notice issued pursuant to§
50-6-905(a)(1)
....................$20
(9)
The issuance of a second or subsequent construction services provider workers' compensation exemption registration ....................$20 per registration
(10)
The filing of a second or subsequent construction services provider workers' compensation exemption renewal .................... $20 per renewal
(b)
In addition to the maximum fees authorized in subsection (a), the bureau of workers' compensation is authorized to charge an online transaction fee to cover costs associated with processing payments for applications submitted online.
(c)
Except as provided in subsections (a) and (b), no other fees shall be charged by the bureau of workers' compensation to administer this part.
Amended by 2021 Tenn. Acts, ch. 88, s 8, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, § 10; 2012, ch. 1030, § 2.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-913 - Creation of employee misclassification education and enforcement fund - Costs of administration

(a)
There is created a fund to be known as the "employee misclassification education and enforcement fund." Any fee collected pursuant to §
50-6-912(a)
shall be deposited in the employee misclassification education and enforcement fund. Moneys in the fund shall be invested by the state treasurer in accordance with §
9-4-603
. The fund shall be administered by the administrator of the workers' compensation bureau.
(b)
All costs of the bureau of workers' compensation associated with the administration of this part shall be paid by the administrator of the workers' compensation bureau from the employee misclassification education and enforcement fund. Moneys remaining in the fund after such payment may be expended, subject to appropriation by the general assembly, at the direction of the administrator of the workers' compensation bureau for the purchase of computer software and hardware designed to establish and maintain exemptions of construction services providers pursuant to this part, for the purchase of computer software and hardware designed to identify potential employee misclassification activity, for the hiring of additional employees to investigate potential employee misclassification activity, for education of employers and employees regarding the requirements of this part and in support of the ongoing investigation and prosecution of employee misclassification.
(c)
Any amount in the employee misclassification education and enforcement fund at the end of any fiscal year shall not revert to the general fund, but shall remain available for the purposes set forth in subsection (b). Interest accruing on investments and deposits of the employee misclassification education and enforcement fund shall be credited to such account, shall not revert to the general fund, and shall be carried forward into each subsequent fiscal year.
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13; 2013 , ch. 282, § 1; 2013 , ch. 424, § 2.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-915 - Records not open - Exception for registry

Notwithstanding any law to the contrary, records maintained by the bureau of workers' compensation relative to the construction services provider registration and to the workers' compensation exemption registration, other than records displayed on the registry established pursuant to this part, shall not constitute a public record as defined in §
10-7-503
and shall not be open for public inspection.
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-916 - Contractor may require a certificate of workers' compensation insurance

Nothing in this part shall be construed as preventing or prohibiting any contractor from requiring a certificate of workers' compensation insurance from any of its subcontractors or any construction services providers providing services to such contractor.
Acts 2010, ch. 1149, § 13.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-917 - Coverage by a policy of workers' compensation issued through assigned risk plan

A policy of workers' compensation insurance issued through the assigned risk plan as provided in §
56-5-114
that insures a person engaged in the construction industry shall be governed by this part, and a state agency shall not impose requirements relative to this part on such a policy other than those imposed by this part.
Acts 2010, ch. 1149, § 13.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-918 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 88,s 13, eff. 1/1/2022.
Acts 2010, ch. 1149, § 13.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-919 - Reserved

Repealed by 2014 Tenn. Acts, ch. 512, s 2, eff. 3/6/2014.
Amended by 2013 Tenn. Acts, ch. 236, s 31, eff. 4/19/2013.
Acts 2010 , ch. 1149, § 13.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-920 - Offense - Violation

(a)
It is an offense for any employer to knowingly:
(1)
Coerce or attempt to coerce, as a precondition to employment or otherwise, a job applicant to obtain an exemption pursuant to this part; or
(2)
Coerce, attempt to coerce, discharge or take any adverse employment action against an employee because the employee has failed to obtain an exemption pursuant to this part.
(b)
A violation of subsection (a) is a Class A misdemeanor.
Acts 2010, ch. 1149, § 13.
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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) › Section 50-6-921 - Effective date of exemption - Maintaining exemption under prior law

The construction services provider workers' compensation exemption for any provider not exempt prior to March 1, 2011, who has been placed on the workers' compensation exemption registry by the secretary of state or the bureau of workers' compensation shall be in effect beginning at 12:00 a.m. on March 1, 2011, regardless of such provider's date of application; provided, that any person exempt under provisions of law in effect prior to March 1, 2011, shall maintain such exemption until March 1, 2011.
Amended by 2021 Tenn. Acts, ch. 88, s 10, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 19 (b); 2011 , ch. 422, § 12.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1001 - Short title

This part is known and may be cited as the "Tennessee Self-Insurers' Guaranty Association Act.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1002 - Purpose

The purpose of this part is to provide a mechanism for the payment of self-insured workers' compensation claims to avoid excessive delay in payment and to avoid financial loss to claimants because of the insolvency of a self-insured employer, and to provide an association to assess the cost of the protection among self-insured employers doing business in this state.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1003 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Association" means the Tennessee self-insurers' guaranty association;
(2)
"Commissioner" means the commissioner of commerce and insurance;
(3)
"Insolvent self-insurer" means any member self-insurer as to whom the commissioner:
(A)
Determines has failed to pay workers' compensation benefits to its employees as required by law; and
(B)
Notifies the association regarding such failure;
(4)
"Member self-insurer":
(A)
Means:
(i)
A person holding an active certificate of authority from the commissioner to self-insure its workers' compensation liabilities pursuant to § 50-6-405(a)(2); or
(ii)
A person holding an inactive certificate of authority from the commissioner to self-insure its workers' compensation liabilities pursuant to § 50-6-405(a)(2), as further defined or limited in the plan of operation, as described in § 50-6-1011; and
(B)
Does not include a self-insured group organized pursuant to § 50-6-405(c); and
(5)
"Person":
(A)
Means:
(i)
An individual, corporation, partnership, association, voluntary organization, or any other legal entity; and
(ii)
A governmental entity, or department or division of a governmental entity, that has elected to be a member of the association in accordance with § 50-6-1004(e) and has not withdrawn its election; and
(B)
Does not include a governmental entity, except as provided in subdivision (5)(A)(ii).
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1004 - Creation of the association

(a)
There is created a nonprofit unincorporated legal entity to be known as the Tennessee self-insurers' guaranty association. To the extent that this part conflicts with the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-69, this part controls; however, the association, its officers and directors, and its member self-insurers must not be provided with fewer protections and indemnities from suit than those afforded nonprofit corporations duly incorporated in this state.
(b)
All member self-insurers are and must remain members of the association and participate as required in the plan of operation as a condition of their authority to self-insure in this state.
(c)
This part does not apply to self-insured groups organized pursuant to § 50-6-405(c).
(d)
The association shall perform its functions under a plan of operation established and approved by the commissioner pursuant to § 50-6-1011 and shall exercise its powers through a board of directors established under this part.
(e)
This part does not apply to a governmental entity, or a department or division of a governmental entity, that has elected to self-insure pursuant to § 50-6-405(a)(2), unless the governmental entity, or department or division of the governmental entity, accepts this part by requesting to be a member of the association by written notification to the commissioner and the association, and the commissioner and the association consent in writing to such acceptance. Any such request must be made on or before May 1, 2025, for this part to become effective as to the electing governmental entity as of July 1, 2025, and must be made on or before May 1 of any year thereafter, for this part to become effective as of July 1 of that year. The governmental entity, or department or division of the governmental entity, may, at any time, on or before May 1, withdraw its acceptance of this part by written notification to the commissioner and the association. Such withdrawal becomes effective as of the following July 1. In the event of a withdrawal of acceptance of this part, the requirements of § 50-6-405 apply without regard to this part as of the date the withdrawal becomes effective.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1005 - Board of directors

(a)
The board of directors of the association consists of five (5) persons serving three-year terms, with each director having one (1) vote. The commissioner shall select the members of the board. The commissioner, or the commissioner's delegate, shall serve on the board in an ex officio, nonvoting capacity. At least three (3) board members must be employed by a company holding an active certificate of authority to self-insure in this state. Vacancies on the board must be filled for the remaining period of the term in the same manner as initial appointments.
(b)
In making selections to the board, the commissioner shall consider, among other things, whether all member self-insurers are fairly represented.
(c)
Members of the board serve without compensation but may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1008 - Indemnification and recourse

(a)
As used in this section, "insolvent self-insurer" includes the entity to which the certificate of authority was issued, any guarantor of the entity's liabilities under the certificate, and any employer who obtained employees from the insolvent self-insurer.
(b)
The association may obtain reimbursement from an insolvent self-insurer up to the amount of the employer's workers' compensation obligations paid and assumed by the association, including reasonable administrative and legal costs. This right includes, but is not limited to, a right to claim for wages and other necessities of life advanced to claimants as subrogee of the claimants in any action to collect against the self-insured as debtor.
(c)
The association may obtain from the security deposit of an insolvent self insurer the amount of the employer's compensation obligations, including reasonable administrative and legal costs, paid or assumed by the association.
(d)
The association must be a party in interest in any action to obtain the security deposit for the payment of compensation obligations of an insolvent self-insurer.
(e)
The association has a cause of action against any person to recover compensation paid and liability assumed by the association, including, but not limited to, any excess insurance carrier of the insolvent self-insurer, and any person whose negligence or breach of any obligation contributed to any underestimation of the insolvent self-insurer's total accrued liability as reported to the commissioner.
(f)
The association may be a party in interest in any action brought by another person seeking damages resulting from the failure of an insolvent self-insurer to pay workers' compensation required by law.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1009 - Assessments

No later than July 1, 2024, and annually thereafter, the association shall assess each of its members a pro rata share of the funding necessary to carry out the purposes of this part. The association shall take any action deemed appropriate to collect any delinquent assessments. Upon payment of the deposit assessment, the employer loses all right, title, and interest in the deposit assessment.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1010 - Security deposits

(a)
The association shall establish minimum security deposit amounts for each member self-insurer. All security deposits must be posted with the association.
(b)
The association shall return to a self-insured employer all individual security determined to be in excess of that needed to ensure the administration of the employer's self-insurance, including legal fees, and the payment of any future claims. This subsection (b) does not apply to the risk-based security program, or to any security utilized by the association following default of a member self-insurer.
(c)
All financial, actuarial, or claims information received by the commissioner from an employer may be shared by the commissioner with the association under terms and conditions as set by the commissioner to preserve the confidentiality of the financial, actuarial, or claims information.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1012 - Reports by the board

The board of directors may, upon majority vote, make reports to the commissioner upon any matter germane to the solvency or default of any member self insurer.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1013 - Examination of the association - annual financial report

(a)
The association is subject to examination and regulation by the commissioner.
(b)
The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1014 - Tax and fee exemption

The association is exempt from payment of all fees, except examination fees, and all taxes levied by this state or any of its subdivisions, except taxes levied on real or personal property.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
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 10 - Tennessee Self-Insurers' Guaranty Association Act (§§ 50-6-1001 — 50-6-1016) › Section 50-6-1015 - Immunity

A member self-insurer, the association, or agents, employees, or the board of directors of the association, or the commissioner or the commissioner's representative, is not liable, and a cause of action does not arise against such individuals or entities, for any action taken by the individuals or entities in the performance of the individuals' or entities' powers and duties under this part.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 1 - GENERAL PROVISIONS (§§ 50-7-101 — 50-7-109) › Section 50-7-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Employment Security Law."
Acts 1947, ch. 29, § 1; C. Supp. 1950, § 6901.1 (Williams, § 6901.25); T.C.A. (orig. ed.), § 50-1301.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 1 - GENERAL PROVISIONS (§§ 50-7-101 — 50-7-109) › Section 50-7-102 - Declaration of state public policy - Construction

(a)
As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows:
(1)
Economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this state; therefore, involuntary unemployment is a subject of general interest and concern that requires action by the general assembly to prevent its spread and to lighten its burden that now so often falls with crushing force upon the unemployed worker and the worker's family;
(2)
The achievement of social security requires protection against this greatest hazard to 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; and
(3)
The general assembly, therefore, declares that in its considered judgment the public good and general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
(b)
This chapter is to be construed in pari materia with Internal Revenue Code, § 3303(a)(1) (
26 U.S.C. § 3303(a)(1)
), and is to be construed in accordance with the construction placed on the Internal Revenue Code, § 3303(a)(1) to the extent the construction is relevant to this chapter, it being the intent of the general assembly that this chapter was adopted with the intent to conform with the Internal Revenue Code, and further that it was the intent of the general assembly to enact the remaining portions of this chapter that are in conformity with the Internal Revenue Code, if some portions of this chapter should be declared not to meet the requirements.
Acts 1947, ch. 29, § 1; C. Supp. 1950, § 6901.1 (Williams, § 6901.25); Acts 1957, ch. 322, § 1; T.C.A. (orig. ed.), § 50-1302.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 1 - GENERAL PROVISIONS (§§ 50-7-101 — 50-7-109) › Section 50-7-103 - Saving clause

(a)
The general assembly reserves the right to amend or repeal all, or any part of, this chapter at any time; and there shall be no vested private right of any kind against the amendment or repeal.
(b)
All the rights, privileges or immunities conferred hereby or by acts done pursuant thereto shall exist subject to the power of the general assembly to amend or repeal this chapter at any time.
Acts 1947, ch. 29, § 19; C. Supp. 1950, § 6901.19 (Williams, § 6901.43); T.C.A. (orig. ed.), § 50-1357.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 1 - GENERAL PROVISIONS (§§ 50-7-101 — 50-7-109) › Section 50-7-104 - Invalidating clause - Conformity to federal law

(a)
If the tax imposed by §§ 3301-3308 of the Internal Revenue Code of 1954 (
26 U.S.C. §§ 3301
-
3308
) or any other federal tax against which premiums under this chapter may be credited, has been amended or repealed by congress, or has been held unconstitutional by the supreme court of the United States, with the result that premiums under this chapter, or a major portion of the premiums, may no longer be credited against the federal tax, then no further premiums under this chapter shall be made.
(b)
This chapter is to be construed in pari materia with the federal Unemployment Tax Act (
26 U.S.C. § 3301
et seq.), the federal Social Security Act (
42 U.S.C. § 301
et seq.), and any other related federal law and is to be construed in accordance with the construction placed on those acts to the extent the construction is relevant to this chapter, it being the intent of the general assembly that this chapter was adopted with the intent to conform with the federal laws, and, therefore, any section, paragraph, clause or portion of this chapter that is declared by lawful authority not to conform to the law or laws shall be void and of no effect. Further, that it is the intent of the general assembly to enact the remaining portions of this chapter that are in conformity with the relevant provisions of the federal law or laws if some portions of this chapter are declared not to conform with the federal requirements.
(c)
If any federal law or laws or any portions of the law or laws effectively requiring state unemployment compensation laws to cover services performed in the employ of governmental employers referred to in §
50-7-207(b)(3)
should be repealed by congress or held unconstitutional by any action of the supreme court of the United States, no further premiums or payments in lieu of premiums shall be made by the employers, and the services will no longer be considered covered by this chapter.
Acts 1947, ch. 29, § 20; C. Supp. 1950, § 6901.20 (Williams, § 6901.44); Acts 1967, ch. 208, § 6; 1971, ch. 204, § 14; 1977, ch. 330, § 30; 1978, ch. 744, § 18; T.C.A. (orig. ed.), § 50-1358; Acts 1985, ch. 318, §§ 1, 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 1 - GENERAL PROVISIONS (§§ 50-7-101 — 50-7-109) › Section 50-7-105 - Repeal or suspension of chapter upon invalidity of federal statute

(a)
Notwithstanding anything contained in this chapter to the contrary, if the Unemployment Compensation Amendments of 1976 (
5 U.S.C. §§ 8501
,
8503-8506
,
8521
,
8522
;
26 U.S.C. §§ 3301
,
3303
,
3304
,
3306
,
3309
,
6157
;
29 U.S.C. §§ 49b
,
49d
; and
42 U.S.C. §§ 603(a)
,
607
,
1101
,
1301
,
1321
,
1382
,
1382(a)
,
1382(d)
,
1382(e)
) are adjudged invalid or unconstitutional in their application to the employees of this state or any of its agencies or political subdivisions by a court of competent jurisdiction, then the coverage of those employees under chapter 330 of the Public Acts of 1977, as codified in this chapter, is automatically repealed to the extent of the adjudged inapplicability.
(b)
The repeal shall be effective from the date of final disposition upon appeal or from the date of expiration of the right of appeal.
(c)
If the effect of Pub. L. No. 94-566 as applied to employees of this state or any of its agencies or political subdivisions is suspended by injunction issued by a court of competent jurisdiction, then the coverage of those employees under chapter 330 of the Public Acts of 1977, as codified in this chapter, is automatically suspended to the extent of the enjoined applicability of that law.
Acts 1978, ch. 851, § 1; T.C.A., § 50-1363.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 1 - GENERAL PROVISIONS (§§ 50-7-101 — 50-7-109) › Section 50-7-106 - Employers not included by employment security law - Notice to employees

If this chapter does not include an employer within the requirement to provide unemployment compensation insurance coverage to its employees, then the employer shall notify in writing each present and prospective employee.
Acts 1991, ch. 446, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 1 - GENERAL PROVISIONS (§§ 50-7-101 — 50-7-109) › Section 50-7-107 - More Jobs and Revenues, Less Hassle and Expenses, Help Businesses and Taxpayers Act of 2009

(a)
This section shall be known and may be cited as the "More Jobs and Revenues, Less Hassle and Expenses, Help Businesses and Taxpayers Act of 2009."
(b)
The department of revenue, with the assistance of all appropriate state departments and agencies, shall consult and explore with the Tennessee congressional delegation, the internal revenue service and other appropriate federal agencies the possibility of simplifying and streamlining federal and state requirements placed upon citizens who employ household employees and the forms such employers must file to comply with the Tennessee Employment Security Law, compiled in title 50, chapter 7, the federal Unemployment Tax Act (
26 U.S.C. § 3301
et seq.), social security and medicare taxes and other state and federal laws. Such consultation should include exploration of the possibility of filing one (1) simplified form for both state and federal purposes to make the task of complying with state and federal laws and regulations easier, faster, simpler and cheaper for citizens employing household workers.
Acts 2009 , ch. 522, §§ 1, 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 1 - GENERAL PROVISIONS (§§ 50-7-101 — 50-7-109) › Section 50-7-108 - Report by commissioner of labor and workforce development on the condition of the unemployment compensation fund - Monthly statement

(a)
The commissioner of labor and workforce development shall provide a report to the general assembly concerning the condition of the unemployment compensation fund no later than February 1 of each year based upon the findings as to the balance on December 31 of each year under §
50-7-403(j)(1)
.
(b)
The report provided pursuant to subsection (a) must include:
(1)
The unemployment compensation fund balance as credited to the state's account with the United States department of treasury as of December 31 of each year; and
(2)
The projected unemployment compensation fund revenues and expenditures and unemployment compensation fund balances for the eighteen-month period following December 31. The report shall be prepared and documented in accordance with sound statistical methodology and shall be accompanied by a written explanation of the methodology.
(c)
The commissioner of labor and workforce development shall provide a monthly statement to the general assembly concerning the unemployment compensation fund balance on or before the last business day of each month based upon the findings as to the balance on the last day of the preceding month.
Amended by 2018 Tenn. Acts, ch. 642,s 1, eff. 7/1/2018.
Acts 2009, ch. 550, § 15.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 1 - GENERAL PROVISIONS (§§ 50-7-101 — 50-7-109) › Section 50-7-109 - Electronic communications authorized

Any notification, notice, decision, or correspondence as prescribed by the commissioner for the administration of this chapter may be sent to or received by the department through electronic means, if an individual or entity agrees to send or receive such notifications, notices, decisions, or correspondence through electronic means.
Added by 2015 Tenn. Acts, ch. 95,s 1, eff. 7/1/2015.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-201 - Definitions generally

As used in this chapter, unless the context otherwise requires, the terms defined in this part have the meanings respectively ascribed to them.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1303.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-202 - "Benefits" defined

"Benefits" means the money payments payable to a claimant, as provided in this chapter, with respect to the claimant's unemployment.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1304; Acts 1985, ch. 318, § 3.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-203 - "Administrator," "commissioner" and "department" defined

(a)
"Administrator" means the chief administrative officer of the division of employment security of the department of labor and workforce development.
(b)
"Commissioner" means the commissioner of labor and workforce development.
(c)
"Department" means the department of labor and workforce development.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1305; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-204 - "Attributable to service" defined - "Payments in lieu of premiums" and "premiums" defined

As used in this chapter, unless the context otherwise requires:
(1)
"Attributable to service" expressly means any and all benefits paid based on wages earned while in the employ of any and all eligible employers who elect to reimburse the state for benefits paid in lieu of premiums wherever an election is authorized by this chapter;
(2)
"Payments in lieu of premiums," whether singular or plural:
(A)
Means the money payments made into the state unemployment compensation fund by employers pursuant to §
50-7-403(h) and (i)
;
(B)
Means payments in lieu of contributions within the meaning and contemplation of the federal Unemployment Tax Act, subtitle C, chapter 23, of the Internal Revenue Code of 1954 (
26 U.S.C. § 3301
et seq.); and
(C)
Is deemed to be taxes due to the state; and
(3)
"Premiums," except for purposes of §§
50-7-213(d)(1)(D)(i)
,
50-7-501(b)
, and
50-7-502(a)
, whether singular or plural:
(A)
Means the money payments to the state unemployment compensation fund required by §
50-7-403(e)-(g)
;
(B)
Means contributions within the meaning and contemplation of the federal Unemployment Tax Act, Subtitle C, Chapter 23 of the Internal Revenue Code of 1954 (
26 U.S.C. § 3301
et seq.); and
(C)
Is deemed to be taxes due to the state.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1973, ch. 130, § 1; 1981, ch. 249, § 1; T.C.A. (orig. ed.), § 50-1306; Acts 1985, ch. 318, § 4; 1987, ch. 148, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 2 - DEFINITIONS (§§ 50-7-201 — 50-7-219) › Section 50-7-206 - "Employing unit" defined - Common paymaster

(a)
"Employing unit" means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, limited liability company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor of the individual or organization, or the legal representative of a deceased person, that has or subsequent to January 1, 1935, had, in its employ one (1) or more individuals performing services for the person or entity within this state; or the state, or any department, political subdivision, county or municipality of the state that has in its employ one (1) or more individuals performing services for it within this state.
(b)
All individuals performing services within this state for any employing unit that maintains two (2) or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this chapter.
(c)
Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by the employing unit for all the purposes of this chapter, whether the individual was hired or paid directly by the employing unit or by the agent or employee; provided, that the employing unit had actual or constructive knowledge of the performance of the work.
(d)
Common Paymaster.
For purposes of this chapter, if two (2) or more related corporations concurrently employ the same individual and compensate the individual through a common paymaster that is one of the corporations, each corporation shall be considered to have paid as remuneration to the individual only the amounts actually disbursed by it to the individual and shall not be considered to have paid as remuneration to the individual amounts actually disbursed to the individual by another of the corporations.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1951, ch. 139, § 1; T.C.A. (orig. ed.), § 50-1307; Acts 1995, ch. 239, § 1; 1997, ch. 81, § 1; T.C.A., §
50-7-205
.