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House Journal: Page 1377: Wednesday, April 8, 1998

38   employers during the preceding calendar year.  The
39   portion of the total aggregate assessment that is not
40   to be collected from self-insured employers shall be
41   collected from insured employers.
42     d.  The method of assessing self-insured employers
43   a surcharge shall be based on paid losses.  The method
44   of assessing insured employers a surcharge shall be by
45   insurers collecting assessments from insured employers
46   through a surcharge based on premium.
47     e.  Assessments collected through imposition of a
48   surcharge pursuant to this section shall not
49   constitute an element of loss for the purpose of
50   establishing rates for workers' compensation insurance

Page 3

 1   but shall for the purpose of collection be treated as
 2   separate costs by insurers.  The surcharge is
 3   collectible by an insurer and nonpayment of the
 4   surcharge shall be treated as nonpayment of premium
 5   and the insurer shall retain all cancellation rights
 6   inuring to it for nonpayment of premium.  An insurance
 7   carrier, its agent, or a third-party administrator
 8   shall not be entitled to any portion of the surcharge
 9   as a fee or commission for its collection.  The
10   surcharge is not subject to any taxes, licenses, or
11   fees.  The surcharge is not deemed to be an assessment
12   or tax, but shall be deemed an additional benefit paid
13   for injuries compensable under this division.
14     4.  The commissioner of insurance shall adopt
15   rules, pursuant to chapter 17A, concerning the
16   requirements of this section.
17     5.  This section is repealed July 1, 2003.
18     Sec. 3.  Section 85.66, Code 1997, is amended to
19   read as follows:
20     85.66  SECOND INJURY FUND - PAYMENTS CREATION -
21   CUSTODIAN.
22     When the total amount of the payments provided for
23   in the preceding section, together with accumulated
24   interest and earnings, equals or exceeds one million
25   dollars no further contributions to the fund shall be
26   required; but when, thereafter, the amount of the sum
27   is reduced below five hundred thousand dollars by
28   reason of payments made to employees pursuant to this
29   division, contributions shall be resumed and shall
30   continue until the sum, together with accumulated
31   interest and earnings, again amounts to one million
32   dollars.  The treasurer of state shall determine when
33   contributions shall be made to the fund and when they
34   shall be suspended and may enforce the collection of
35   contributions.
36     The "Second Injury Fund" is hereby established
37   under the custody of the treasurer of state and shall

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URL: /DOCS/GA/77GA/Session.2/HJournal/01300/01377.html
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