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Unfinished Business Calendar House File 2515, a bill for an act relating to workers' compensation by repealing the second injury compensation Act, eliminating the second injury fund, providing for the resolution of claims against the fund to include the imposition of an employer surcharge, providing for employee compensation for certain subsequent injuries, and providing an effective date, was taken up for consideration. Lamberti of Polk offered the following amendment H-8892 filed by him and Taylor of Linn and moved its adoption: H-8892 1 Amend House File 2515 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 85.65, Code 1997, is amended 5 to read as follows: 6 85.65 PAYMENTS TO SECOND INJURY FUND. 7 The employer, or, if insured, the insurance carrier 8 in each case of compensable injury causing death, 9 shall pay to the treasurer of state for the second 10 injury fund the sum offourtwelve thousand dollars in 11 a case where there are dependents andfifteenforty- 12 five thousand dollars in a case where there are no 13 dependents. The payment shall be made at the time 14 compensation payments are begun, or at the time the 15 burial expenses are paid in a case where there are no 16 dependents. However, the payments shall be required 17 only in cases of injury resulting in death coming 18 within the purview of this chapter and occurring after 19 July 1, 1978. These payments shall be in addition to 20 any payments of compensation to injured employees or 21 their dependents, or of burial expenses as provided in 22 this chapter. 23 Sec. 2. NEW SECTION. 85.65A PAYMENTS TO SECOND 24 INJURY FUND - SURCHARGE ON EMPLOYERS. 25 1. For purposes of this section, unless the 26 context otherwise requires: 27 a. "Insured employers" means employers who are 28 commercially insured for purposes of workers' 29 compensation coverage or who have been self-insured 30 for less than twenty-four months as of the first day 31 of the fiscal year in which a surcharge is imposed 32 pursuant to this section. 33 b. "Self-insured employers" means employers who 34 have been self-insured for purposes of workers' 35 compensation coverage for at least twenty-four months 36 as of the first day of the fiscal year in which a 37 surcharge is imposed pursuant to this section.
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