House Amendment 8436


PAG LIN




     1  1    Amend Senate File 2337, as passed by the Senate, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting before line 1 the
     1  4 following:
     1  5    <Section 1.  Section 87.4, Code 2007, is amended to
     1  6 read as follows:
     1  7    87.4  GROUP AND SELF=INSURED PLANS == TAX EXEMPTION
     1  8 == PLAN APPROVAL.
     1  9    For the purpose of complying with this chapter,
     1 10 groups of employers by themselves or in an association
     1 11 with any or all of their workers, may form insurance
     1 12 associations as hereafter provided, subject to such
     1 13 reasonable conditions and restrictions as may be fixed
     1 14 by the insurance commissioner; and membership in such
     1 15 mutual insurance organization as approved, together
     1 16 with evidence of the payment of premiums due, shall be
     1 17 evidence of compliance with this chapter.
     1 18    A self=insurance association formed under this
     1 19 section and an association comprised of cities or
     1 20 counties, or both, or the association of county fairs
     1 21 or a fair as defined in section 174.1, or community
     1 22 colleges as defined in section 260C.2 or school
     1 23 corporations, or both, or other political
     1 24 subdivisions, which have entered into an agreement
     1 25 under chapter 28E for the purpose of establishing a
     1 26 self=insured program for the payment of workers'
     1 27 compensation benefits are exempt from taxation under
     1 28 section 432.1.
     1 29    A plan shall be submitted to the commissioner of
     1 30 insurance for review and approval prior to its
     1 31 implementation.  The commissioner shall adopt rules
     1 32 for the review and approval of a self=insured group
     1 33 plan provided under this section.  The rules shall
     1 34 include, but are not limited to, the following:
     1 35    1.  Procedures for submitting a plan for approval
     1 36 including the establishment of a fee schedule to cover
     1 37 the costs of conducting the review.
     1 38    2.  Establishment of minimum financial standards to
     1 39 ensure the ability of the plan to adequately cover the
     1 40 reasonably anticipated expenses.
     1 41    A self=insured program for the payment of workers'
     1 42 compensation benefits established by an association
     1 43 comprised of cities or counties, or both, or the
     1 44 association of county fairs or a fair as defined in
     1 45 section 174.1, or community colleges, as defined in
     1 46 section 260C.2, or other political subdivisions, which
     1 47 have entered into an agreement under chapter 28E, is
     1 48 not insurance, and is not subject to regulation under
     1 49 chapters 505 through 523C.  Membership in such an
     1 50 association together with payment of premiums due
     2  1 relieves the member from obtaining insurance as
     2  2 required in section 87.1.  Such an association is not
     2  3 required to submit its plan or program to the
     2  4 commissioner of insurance for review and approval
     2  5 prior to its implementation and is not subject to
     2  6 rules or rates adopted by the commissioner relating to
     2  7 workers' compensation group self=insurance programs.
     2  8 Such a program is deemed to be in compliance with this
     2  9 chapter.
     2 10    The workers' compensation premium written on a
     2 11 municipality which is a member of an insurance pool
     2 12 which provides workers' compensation insurance
     2 13 coverage to a statewide group of municipalities, as
     2 14 defined in section 670.1, shall not be considered in
     2 15 the determination of any assessments levied pursuant
     2 16 to an agreement established under section 515A.15.>
     2 17 #2.  Title page, line 1, by inserting after the
     2 18 word <insurance> the following:  <and to
     2 19 self=insurance>.
     2 20 #3.  By renumbering as necessary.
     2 21
     2 22
     2 23                               
     2 24 HOFFMAN of Crawford
     2 25 SF 2337.303 82
     2 26 av/rj/21130

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