Text: HSB00705 Text: HSB00707 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 85.64A ELIMINATION OF NEW CLAIMS
1 2 AGAINST THE FUND.
1 3 An employee shall not receive payment from the second
1 4 injury fund if the employee's original proceeding for workers'
1 5 compensation benefits is commenced more than ninety days after
1 6 the effective date of this Act.
1 7 Sec. 2. NEW SECTION. 85.66A REPORT ON LIABILITY OF THE
1 8 FUND AND SURCHARGE ON EMPLOYERS.
1 9 The commissioner of insurance shall annually examine the
1 10 claims against the second injury fund and shall determine the
1 11 outstanding liability of such claims against the second injury
1 12 fund. The commissioner of insurance shall annually prepare a
1 13 report of the findings of the examination and shall submit the
1 14 report to the committees of the general assembly having
1 15 jurisdiction over workers' compensation issues. If the
1 16 commissioner of insurance determines that insufficient funds
1 17 are available in the second injury fund to pay claims against
1 18 the second injury fund, the commissioner of insurance shall
1 19 adopt by rule, pursuant to chapter 17A, a surcharge on
1 20 employers. The surcharge shall apply to all workers'
1 21 compensation insurance policies and self-insurance coverages
1 22 of employers approved for self-insurance by the commissioner
1 23 of insurance pursuant to section 87.4 or 87.11, and to the
1 24 state of Iowa, its departments, divisions, agencies,
1 25 commissions, and boards, or any political subdivision
1 26 coverages whether insured or self-insured. The surcharge
1 27 shall not apply to any reinsurance or retrocessional
1 28 transaction under section 520.4 or 520.9. The commissioner of
1 29 insurance shall base the surcharge for each payor upon the
1 30 payor's pro rata share of weekly benefits paid in the state
1 31 during the immediately preceding fiscal year. The
1 32 commissioner of insurance may use reports of weekly benefits
1 33 paid derived from the last completed policy or reporting year,
1 34 or other consistent allocation methodology. The surcharge is
1 35 collectible by an insurer or from its policyholders if the
2 1 insured employer fails to pay the insurer. An insurance
2 2 carrier, its agent, or a third-party administrator shall not
2 3 be entitled to any portion of the surcharge as a fee or
2 4 commission for its collection. The surcharge is not subject
2 5 to any taxes, licenses, or fees. The surcharge is not deemed
2 6 to be an assessment or tax, but shall be deemed an additional
2 7 benefit paid for injuries compensable under the second injury
2 8 fund. The imposition of the surcharge shall be limited to the
2 9 three fiscal years beginning after the effective date of this
2 10 Act. At the conclusion of this three-year period, and for
2 11 subsequent three-year periods until the outstanding liability
2 12 of the second injury fund is retired, the commissioner of
2 13 insurance, in the manner established by this section, shall
2 14 examine and report on the outstanding liability against the
2 15 second injury fund and may reimpose a surcharge.
2 16 Sec. 3. NEW SECTION. 85.66B FINAL DISPOSITION OF CLAIMS
2 17 INVOLVING THE FUND.
2 18 The industrial commissioner, in cooperation with the
2 19 treasurer of state, shall resolve claims involving the second
2 20 injury fund as soon as possible through payment methods, such
2 21 as, but not limited to, entering into lump sum settlements or
2 22 purchasing of annuities.
2 23 Sec. 4. NEW SECTION. 85.67A ADMINISTRATIVE EXPENSES OF
2 24 SPECIAL COUNSEL.
2 25 The attorney general shall not be compensated from the
2 26 second injury fund for administrative expenses incurred in
2 27 connection with the second injury fund.
2 28 Sec. 5. EFFECTIVE DATE. This Act, being deemed of
2 29 immediate importance, takes effect upon enactment.
2 30 EXPLANATION
2 31 Section 1 of this bill provides that an employee shall not
2 32 receive payment from the second injury fund if the employee's
2 33 original proceeding for workers' compensation benefits is
2 34 commenced more than 90 days after the effective date of this
2 35 Act.
3 1 Section 2 directs the commissioner of insurance to examine
3 2 the claims against the second injury fund, determine the
3 3 fund's outstanding liability for such claims, and submit a
3 4 report of the findings to the general assembly. The bill
3 5 authorizes that if the commissioner of insurance determines
3 6 that there are insufficient funds in the second injury fund to
3 7 pay claims, the commissioner of insurance may impose, by rule,
3 8 a surcharge on employers for a three-year interval. The
3 9 surcharge shall apply to all workers' compensation insurance
3 10 policies and self-insurance coverages of employers approved
3 11 for self-insurance by the commissioner of insurance and to the
3 12 state of Iowa, its departments, divisions, agencies,
3 13 commissions, and boards, or any political subdivision
3 14 coverages whether insured or self-insured. The bill provides
3 15 that this examination, report, and surcharge process shall
3 16 continue at three-year intervals until the outstanding debt of
3 17 the second injury fund is retired.
3 18 Section 3 directs the industrial commissioner, in
3 19 cooperation with the treasurer of state, to resolve to final
3 20 disposition claims involving the second injury fund as soon as
3 21 possible through payment methods, such as, but not limited to,
3 22 entering into lump sum settlements or purchasing of annuities.
3 23 Section 4 provides that the attorney general shall not be
3 24 compensated from the second injury fund for administrative
3 25 expenses incurred in connection with the second injury fund.
3 26 Section 5 provides that the bill takes effect upon
3 27 enactment.
3 28 LSB 4308YC 76
3 29 kah/sc/14
Text: HSB00705 Text: HSB00707 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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