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04 HB 1579/CSFA/AP
House Bill 1579 (AS PASSED HOUSE
AND SENATE)
By: Representatives Oliver of the 56th, Post 2, Watson of the 60th, Post 2, Bannister of the 70th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2, and others
By: Representatives Oliver of the 56th, Post 2, Watson of the 60th, Post 2, Bannister of the 70th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Article 9 of Chapter 9 of Title 34 of the Official
Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as
to provide that the Subsequent Injury Trust Fund shall not reimburse a
self-insured employer or an insurer for an injury occurring after June 30, 2008,
for which a claim is made after June 30, 2008; to provide that the fund shall
continue to reimburse self-insured employers and insurers for claims made prior
to June 30, 2008; to provide for dissolution of the fund; to provide an
effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 9 of Chapter 9 of Title 34 of the Official Code of
Georgia Annotated, relating to the Subsequent Injury Trust Fund, is amended by
inserting at the end thereof a new Code section to read as
follows:
"34-9-368.
(a) The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2008. The Subsequent Injury Trust Fund shall continue to reimburse self-insured employers or insurers for claims for injuries occurring on and prior to June 30, 2008, which qualify for reimbursement.
(b) Self-insured employers and insurers shall continue to pay assessments pursuant to Code Section 34-9-358 to the extent necessary to fund claims for injuries occurring on and prior to June 30, 2008.
(c) The Subsequent Injury Trust Fund is directed to complete an actuarial study not later than January 1, 2005.
(d) Upon or in contemplation of the final payment of all claims filed for subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2008, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on and prior to June 30, 2008, have been fully paid or otherwise resolved and shall include provisions for:
(1) The termination of assessments against insurers or self-insurers;
(2) The pro rata refund of assessments previously collected and unexpended;
(3) The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them;
(4) A final accounting of the financial affairs of the fund; and
(5) The transfer of the books, records, and property of the fund to the custody of the State Board of Workers´ Compensation.
Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2020, the Subsequent Injury Trust Fund and the members of its board of trustees shall be discharged from their duties except for such personnel necessary to administer any remaining claims."
"34-9-368.
(a) The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2008. The Subsequent Injury Trust Fund shall continue to reimburse self-insured employers or insurers for claims for injuries occurring on and prior to June 30, 2008, which qualify for reimbursement.
(b) Self-insured employers and insurers shall continue to pay assessments pursuant to Code Section 34-9-358 to the extent necessary to fund claims for injuries occurring on and prior to June 30, 2008.
(c) The Subsequent Injury Trust Fund is directed to complete an actuarial study not later than January 1, 2005.
(d) Upon or in contemplation of the final payment of all claims filed for subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2008, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on and prior to June 30, 2008, have been fully paid or otherwise resolved and shall include provisions for:
(1) The termination of assessments against insurers or self-insurers;
(2) The pro rata refund of assessments previously collected and unexpended;
(3) The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them;
(4) A final accounting of the financial affairs of the fund; and
(5) The transfer of the books, records, and property of the fund to the custody of the State Board of Workers´ Compensation.
Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2020, the Subsequent Injury Trust Fund and the members of its board of trustees shall be discharged from their duties except for such personnel necessary to administer any remaining claims."
SECTION 2.
This Act shall become effective on July 1,
2004.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.