Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 34. LABOR AND INDUSTRIAL RELATIONS · Chapter 9. WORKERS’ COMPENSATION · Article 9. SUBSEQUENT INJURY TRUST FUND

34-9-368. Reimbursement of self-insured employers or insureds; actuarial study required; dissolution of Subsequent Injury Trust Fund.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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, 2006. 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, 2006, which qualify for reimbursement.#

  2. (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, 2006.#

  3. (c)

    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, 2006, 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, 2006, have been fully paid or otherwise resolved and shall include provisions for:#

    1. (1)

      The termination of assessments against insurers or self-insurers;#

    2. (2)

      The pro rata refund of assessments previously collected and unexpended, consistent with the provisions of subsection (f) of Code Section 34-9-358;#

    3. (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. (4)

      A final accounting of the financial affairs of the fund; and#

    5. (5)

      The transfer of the books, records, and property of the fund to the custody of the Department of Insurance.#

    6. Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2025, 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.

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 34-9-368, enacted by Ga. L. 2004, p. 152, § 1; Ga. L. 2005, p. 1489, § 1/HB 200; Ga. L. 2008, p. 349, § 2/HB 1186; Ga. L. 2015, p. 1079, § 7/HB 412; Ga. L. 2019, p. 337, § 1-98/SB 132; Ga. L. 2023, p. 263, § 1/SB 91, effective July 1, 2023.

Amendments

The 2019 amendment, effective July 1, 2019, substituted “Department of Insurance” for “Insurance Department” at the end of paragraph (c)(5). The 2023 amendment, effective July 1, 2023, substituted “but not later than December 31, 2025” for “but not later than December 31, 2023” in the undesignated paragraph at the end of subsection (c).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t34-(v26)-pdf.pdf, Volume V26, 2017 edition, 2025 supplement, pages 130 to 131; merge action: replaced; file SHA-256 fbb5a8d0f75f.