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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 330 By: Rader of the Senate
and
Pfeiffer of the House
An Act relating to the Self-insurance Guaranty Fund;
amending Section 98, Chapter 208, O.S.L. 2013, as
last amended by Section 1, Chapter 164, O.S.L. 2019
(85A O.S. Supp. 2020, Section 98), which relates to
funds to be transferred to Self -insurance Guaranty
Fund; removing certain Tax Commission notification
requirement; providing an effective date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 98, Chapter 208, O.S.L.
2013, as last amended by Section 1, Chapter 164, O.S.L. 2019 (85A
O.S. Supp. 2020, Section 98), is amended to read as follows:
Section 98. The Self -insurance Guaranty Fund shall be derived
from the following sources:
1. Any unexpended funds, including interest thereon, held by
the State Treasurer in the Work ers’ Compensation Self-insurance
Guaranty Fund transferred to the Self -insurance Guaranty Fund as
provided in Section 124 of this title;
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2. In the event the net fund balance falls below Seven Hundred
Fifty Thousand Dollars ($750,000.00), the Workers ’ Compensation
Commission shall make an assessment against each private self -
insurer and group self -insurance association based on an assessment
rate to be determined by the commissioners, not exceeding two
percent (2%) per annum of actual paid losses of the sel f-insurer
during the preceding calendar year, payable to the Tax Commission
for deposit to the fund. The assessment against private self -
insurers shall be determined using a rate equal to the proportion
that the deficiency in the fund attributable to priv ate self-
insurers bears to the actual paid losses of all private self -
insurers for the year period of January 1 through December 31
preceding the assessment. The assessment against group self -
insurance associations shall be determined using a rate equal t o the
proportion that the deficiency in excess of the surplus of the Group
Self-Insurance Association Guaranty Fund at the date of the transfer
attributable to group self -insurance associations bears to the
actual paid losses of all group self -insurance associations
cumulatively for any calendar year preceding the assessment. Each
self-insurer shall provide the Workers ’ Compensation Commission with
such information as the Commission may determine is necessary to
effectuate the purposes of this paragraph. For purposes of this
paragraph, “actual paid losses” means all medical and indemnity
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payments, including temporary disability, permanent disability, and
death benefits, and excluding loss adjustment expenses and reserves.
a. The assessment shall be paid wi thin thirty (30)
calendar days after the date the commissioners notify
the self-insurer of the assessment.
b. A private employer or group self -insurance association
which ceases to be a self -insurer shall remain liable
for any and all assessments of the se lf-insurer as
provided in this paragraph based on actual paid losses
for the calendar year period preceding the assessment.
c. Failure of a self-insurer to pay, or timely pay, an
assessment required by this paragraph, or to report
payment of the same to th e Commission within ten (10)
days of payment, shall be grounds for revocation by
the Commission of the self -insurer’s permit to self-
insure in this state, after notice and hearing. A
former self-insurer failing to make payments required
by this paragraph promptly and correctly, or failing
to report payment of the same to the Commission within
ten (10) days of payment, shall be subject to
administrative penalties as allowed by law, including
but not limited to, a fine in the amount of Five
Hundred Dollars ($500.00) or an amount equal to one
percent (1%) of the unpaid amount, whichever is
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greater, to be paid and deposited to the credit of the
Workers’ Compensation Commission Revolving Fund
created in Section 28.1 of this title. It shall be
the duty of the Tax Commission to collect the
assessment provided for in this paragraph. The Tax
Commission is authorized to bring an action for
recovery of any delinquent or unpaid assessments, and
may enforce payment of the assessment by proceeding in
accordance with Section 79 of this title.
d. An impaired self-insurer shall be exempt from
assessments beginning on the date of the Commission ’s
designation until the Commission determines the self -
insurer is no longer impaired .
e. The Tax Commission shall determine the fund balance as
of March 1 and September 1 of each year, and when
otherwise requested by the Workers ’ Compensation
Commission, and shall advise the Workers ’ Compensation
Commission in writing within thirty (30) days of each
such determination;
3. Any interest accruing on monies paid into the fund; and
4. Monies transferred pursuant to Section 99 of this title.
SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. It being immediately necessary for the preservati on
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT MODERNIZATION AND
EFFICIENCY, dated 04/06/2021 - DO PASS.