---
title: O.C.G.A. § 34-9-160. Method of determining financial condition and solvency of a fund and financial capacity of fund to pay obligations.
collection: code
id: 34-9-160
cite_as: O.C.G.A. § 34-9-160 (2025)
canonical_url: https://georgiacommons.org/code/34-9-160
md_url: https://georgiacommons.org/code/34-9-160.md
text_url: https://georgiacommons.org/code/34-9-160/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t34-(v26)-2017-pdf.pdf?sfvrsn=ba91129b_0#page=762
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/34-9.md
previous: https://georgiacommons.org/code/34-9-159.md
next: https://georgiacommons.org/code/34-9-161.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: LABOR AND INDUSTRIAL RELATIONS / WORKERS’ COMPENSATION / GROUP SELF-INSURANCE FUNDS
---

# O.C.G.A. § 34-9-160. Method of determining financial condition and solvency of a fund and financial capacity of fund to pay obligations.

In determining the financial condition and solvency of a fund and the financial capacity of a fund to pay workers’ compensation obligations promptly and otherwise to meet its obligations under this chapter, the Commissioner shall take into consideration the following:

(1) The security deposit required by Code Section 34-9-161;

(2) The surplus required by Code Section 34-9-162;

(3) Such other considerations as the Commissioner may, by rule or regulation, deem necessary or appropriate;

(4) The Commissioner shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis;

(5) The surplus shares of members shall be allowed as assets, except that any premiums delinquent for 90 days shall first be charged against such surplus shares;

(6) The surplus shares of members shall not be charged as a liability;

(7) All premiums delinquent less than 90 days shall be allowed as assets;

(8) An assessment levied upon members and not collected shall not be allowed as an asset;

(9) The computation of reserves shall be based upon premiums other than membership fees and without any deduction for expenses and the compensation of any contract administrator; and

(10) The existence and face value of contracts or policies of excess insurance or other measures of financial capacity as the Commissioner may deem appropriate, including the authority of municipalities, counties, and school boards, to levy and collect taxes pursuant to the laws of this state.

## History

Code 1933, § 114-611a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1; Ga. L. 1995, p. 1201, § 9.