House Bill 1015 (AS PASSED HOUSE AND SENATE)
By: Representative Werkheiser of the 157th
A BILL TO BE ENTITLED
AN ACT
To amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated,
relating to the Self-insurers Guaranty Trust Fund regarding workers' compensation, so as to
revise certain funded levels of such fund; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the
Self-insurers Guaranty Trust Fund regarding workers' compensation, is amended in Code
Section 34-9-386, relating to assessment of participants, liability of fund and participants for
claims, and revocation of participant's authority to be self-insured, by revising subsection (a)
as follows:
"(a)(1) The board of trustees shall, commencing January 1, 1991, assess each participant
in accordance with paragraph (2) of this subsection. Upon reaching a funded level of <del>$15
</del> <ins>$25</ins> million net of all liabilities, all annual assessments against participants who have paid
at least three prior assessments shall cease except as specifically provided in paragraph
(4) of this subsection.
(2) Assessment for each new participant in the first calendar year of participation shall
be $8,000.00. Thereafter, assessments shall be in accordance with paragraphs (3) and (4)
of this subsection.
(3) After the first calendar year of participation, the annual assessment of each
participant shall be made on the basis of a percentage of the total of indemnity and
medical benefits paid by, or on behalf of, the participant during the previous calendar
year. Except as provided in paragraph (2) of this subsection for the first calendar year of
participation and paragraph (4) of this subsection, a participant will be assessed 1.5
percent of the medical and indemnity benefits paid by that participant during the previous
calendar year or $2,000.00, whichever is greater. The maximum amount of annual
assessments under this paragraph, not including those special assessments provided for
in paragraph (4) of this subsection, in any calendar year against a participant shall be
$8,000.00.
(4) If the fund is reduced to an amount below <del>$5</del> <ins>$10</ins> million net of all liabilities as the
result of the payment of claims, the administration of claims, or the costs of
administration of the fund, the board of trustees may levy a special assessment against
participants upon approval by the board, according to the same procedure for assessment
set forth in paragraph (3) of this subsection, in an amount sufficient to increase the funded
level to $5 million net of all liabilities; provided, however, that such special assessment
in any calendar year against any one participant shall not exceed $8,000.00.
(5) Funds obtained by such assessments shall be used only for the purposes set forth in
this article and shall be deposited upon receipt by the board of trustees into the fund. If
payment of any assessment, penalty, or fine made under this article is not made within
30 days of the sending of the notice to the participant, the board of trustees is authorized
to do any or all of the following:
(A) Levy fines or penalties;
(B) Proceed in court for judgment against the participant, including the amount of the
assessment, fines, penalties, the costs of suit, interest, and reasonable attorneys' fees;
(C) Proceed directly against the security pledged by the participant for the collection
of same; or
(D) Seek revocation of the participant's self-insured status."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.