05 HB 200/FA
House
Bill 200 (AM)
By:
Representatives Coan of the
101st,
Ehrhart of the
36th,
Knox of the
24th,
Keen of the
179th,
Smith of the
129th,
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 December 31, 2005, for which a claim is
made after December 31, 2005; to provide that the fund shall continue to
reimburse self-insured employers and insurers for claims made prior to December
31, 2005; 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 striking Code Section 34-9-368,
relating to the dissolution of the Subsequent Injury Trust Fund, and inserting
in lieu thereof the following:
"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
December 31,
2005. 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
December 31,
2005, 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
December 31,
2005.
(c)
The Subsequent Injury Trust Fund is directed to complete an actuarial study not
later than January 1, 2005.
(d)(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,
2008
December 31,
2005, 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
December 31,
2005, 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
Workerś
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 upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.