ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 246
(By Senators Tomblin (Mr. President) and Caruth,
By Request of the Executive)
____________
[Passed April 11, 2009; in effect from passage.]
____________
AN ACT to amend and reenact §21A-1-4 of the Code of West Virginia,
1931, as amended; to amend and reenact §21A-1A-5, §21A-1A-6,
§21A-1A-7 and §21A-1A-28 of said code; to amend and reenact
§21A-6-1, §21A-6-3 and §21A-6-10 of said code; and to amend
and reenact §23-2C-3 of said code, all relating generally to
unemployment compensation; requiring establishment of employer
violator system; providing for notice and due process;
defining certain terms; providing that the maximum weekly
benefit rate shall not increase or decrease under certain
circumstances; providing for an alternative base wage and
authorizing benefits thereunder; requiring notice to employer
when employee quits for health reasons; requiring written
certification from physician within thirty days; classifying
certain conduct as gross misconduct; providing that an
employee who voluntarily retires is not eligible for unemployment; requiring the Insurance Commissioner transfer
certain funds for the benefit of the Unemployment Trust Fund;
and authorizing the transfer of certain funds by the Insurance
Commissioner.
Be it enacted by the Legislature of West Virginia:
That §21A-1-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §21A-1A-5, §21A-1A-6, §21A-1A-7 and
§21A-1A-28 of said code be amended and reenacted; that §21A-6-1,
§21A-6-3 and §21A-6-10 of said code be amended and reenacted; and
that §23-2C-3 of said code be amended and reenacted, all to read as
follows:
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
ARTICLE 1. UNEMPLOYMENT COMPENSATION.
§21A-1-4. Workforce West Virginia created; divisions within
Workforce West Virginia created; certain terms defined;
employer violator system.
(a) There is continued an agency designated Workforce West
Virginia, composed of:
(1) Division of Unemployment Compensation;
(2) Division of Employment Service;
(3) Division of Workforce Development;
(4) Division of Research, Information and Analysis; and
(5) Any other divisions or units that the executive director
determines are necessary.
(b) Wherever within this chapter the term "department",
"bureau" or "fund" is used, it shall be taken to mean Workforce West Virginia unless otherwise indicated. Any reference in this
code to the Bureau of Employment Programs means Workforce West
Virginia. Any reference in this code to the Commissioner of the
Bureau of Employment Programs or Employment Security means the
Executive Director of Workforce West Virginia.
(c) Workforce West Virginia shall be administered pursuant to
subsection (b), section one, article two, chapter five-f of this
code.
(d)
The Executive Director of Workforce West Virginia shall
establish an employer violator system to identify individuals and
employers who are in default on any assessment, surcharge, tax or
penalty owed to the fund. The employer violator system shall
prohibit violators who own, control or have a ten percent or more
ownership interest, or other ownership interest as may be defined
by the executive director, in any company from obtaining or
maintaining any license, certificate or permit issued by the state
until the violator has paid all moneys owed to the fund or has
entered into and remains in compliance with a repayment agreement.
The employer violator system shall work cooperatively with all
state agencies to maintain an accurate, up-to-date list of
violators which shall be available in electronic format and online
for agencies and the public. Before an employer is added to the
violator list, he or she shall be given notice and an opportunity
for an expedited administrative hearing. The executive director
shall propose for promulgation emergency and legislative rules to
effectuate this subsection.
ARTICLE 1A. DEFINITIONS.
§21A-1A-5. Base period; alternative base period.
(a) "Base period" means the first four out of the last five
completed calendar quarters immediately preceding the first day of
the individual's benefit year.
(b) "Alternative base period" means the last four completed
calendar quarters immediately preceding the first day of the
individual's benefit year.
§21A-1A-6. Base period employer; alternative base period employer.
"Base period employer" and "alternative base period employer"
mean any employer who in the base period or alternative base period
for any benefit year paid wages to an individual who filed claim
for unemployment compensation within such benefit year.
§21A-1A-7. Base period wages; alternative base period wages.
"Base period wages" and "alternative base period wages" mean
wages paid to an individual during the base period or alternative
base period by all the individual's base period or alternative base
period employers.
§21A-1A-28. Wages; average annual wage; threshold wage.
(a) "Wages" means all remuneration for personal service,
including commissions, gratuities customarily received by an
individual in the course of employment from persons other than the
employing unit, as long as such gratuities equal or exceed an
amount of not less than $20 each month and which are required to be
reported to the employer by the employee, bonuses and the cash
value of all remuneration in any medium other than cash except for agricultural labor and domestic service. The term "wages" includes
remuneration for service rendered to the state as a member of the
state National Guard or Air National Guard only when serving on a
temporary basis pursuant to a call made by the Governor under
sections one and two, article one-d, chapter fifteen of this code.
(b) The term "wages" does not include:
(1) That part of the remuneration which, after remuneration
equal to $8,000 or, after the amendment and reenactment of this
section during the 2009 legislative session, the threshold wage is
paid during a calendar year to an individual by an employer or his
or her predecessor with respect to employment during any calendar
year, is paid to such individual by such employer during such
calendar year unless that part of the remuneration is subject to a
tax under a federal law imposing a tax against which credit may be
taken for contributions required to be paid into a state
unemployment fund. For the purposes of this section, the term
"employment" includes service constituting employment under any
unemployment compensation law of another state; or which as a
condition for full tax credit against the tax imposed by the
federal Unemployment Tax Act is required to be covered under this
chapter; and, except that for the purposes of sections one, ten,
eleven and thirteen, article six of this chapter, all remuneration
earned by an individual in employment shall be credited to the
individual and included in his or her computation of base period
wages: Provided, That the remuneration paid to an individual by an
employer with respect to employment in another state or other states upon which contributions were required of and paid by such
employer under an unemployment compensation law of such other state
or states shall be included as a part of the remuneration equal to
the amounts of $8,000 or, after the amendment and reenactment of
this section during the 2009 legislative session, the threshold
wage herein referred to. In applying such limitation on the amount
of remuneration that is taxable, an employer shall be accorded the
benefit of all or any portion of such amount which may have been
paid by its predecessor or predecessors: Provided, however, That if
the definition of the term "wages" as contained in Section 3306(b)
of the Internal Revenue Code of 1954, as amended, is amended to
include remuneration in excess of $8,000 or, after the amendment
and reenactment of this section during the 2009 legislative
session, the threshold wage paid to an individual by an employer
under the federal Unemployment Tax Act during any calendar year,
wages for the purposes of this definition shall include
remuneration paid in a calendar year to an individual by an
employer subject to this chapter or his or her predecessor with
respect to employment during any calendar year up to an amount
equal to the amount of remuneration taxable under the federal
Unemployment Tax Act;
(2) The amount of any payment made (including any amount paid
by an employer for insurance or annuities, or into a fund, to
provide for any such payment) to, or on behalf of, an individual in
its employ or any of his or her dependents, under a plan or system
established by an employer which makes provision for individuals in its employ generally (or for such individuals and their
dependents), or for a class or classes of such individuals (or for
a class or classes of such individuals and their dependents) on
account of: (A) Retirement; or (B) sickness or accident disability
payments made to an employee under an approved state workers'
compensation law; or (C) medical or hospitalization expenses in
connection with sickness or accident disability; or (D) death;
(3) Any payment made by an employer to an individual in its
employ (including any amount paid by an employer for insurance or
annuities, or into a fund, to provide for any such payment) on
account of retirement;
(4) Any payment made by an employer on account of sickness or
accident disability, or medical or hospitalization expenses in
connection with sickness or accident disability to, or on behalf
of, an individual in its employ after the expiration of six
calendar months following the last calendar month in which such
individual worked for such employer;
(5) Any payment made by an employer to, or on behalf of, an
individual in its employ or his or her beneficiary: (A) From or to
a trust described in Section 401(a) which is exempt from tax under
Section 501(a) of the federal Internal Revenue Code at the time of
such payments unless such payment is made to such individual as an
employee of the trust as remuneration for services rendered by such
individual and not as a beneficiary of the trust; or (B) under or
to an annuity plan which, at the time of such payment, is a plan
described in Section 403(a) of the federal Internal Revenue Code;
(6) The payment by an employer of the tax imposed upon an
employer under Section 3101 of the federal Internal Revenue Code
with respect to remuneration paid to an employee for domestic
service in a private home or the employer of agricultural labor;
(7) Remuneration paid by an employer in any medium other than
cash to an individual in its employ for service not in the course
of the employer's trade or business;
(8) Any payment (other than vacation or sick pay) made by an
employer to an individual in its employ after the month in which he
or she attains the age of sixty-five if he or she did not work for
the employer in the period for which such payment is made;
(9) Payments, not required under any contract of hire, made to
an individual with respect to his or her period of training or
service in the armed forces of the United States by an employer by
which such individual was formerly employed; and
(10) Vacation pay, severance pay or savings plans received by
an individual before or after becoming totally or partially
unemployed but earned prior to becoming totally or partially
unemployed: Provided, That the term totally or partially unemployed
does not include: (A) Employees who are on vacation by reason of
the request of the employees or their duly authorized agent, for a
vacation at a specific time, and which request by the employees or
their agent is acceded to by their employer; (B) employees who are
on vacation by reason of the employer's request provided they are
so informed at least ninety days prior to such vacation; or (C)
employees who are on vacation by reason of the employer's request where such vacation is in addition to the regular vacation and the
employer compensates such employee at a rate equal to or exceeding
their regular daily rate of pay during the vacation period.
(c) The reasonable cash value of remuneration in any medium
other than cash shall be estimated and determined in accordance
with rules prescribed by the commissioner, except for remuneration
other than cash for services performed in agricultural labor and
domestic service.
(d) "Average annual wage" means the state's average annual
wage which is computed on or before September 30 of the year
immediately preceding the rate year and is the total remuneration
paid by employers as reported on contribution reports on or before
that date with respect to all employment during the four
consecutive calendar quarters ending on June 30 of that year
divided by the average monthly number of individuals performing
services in employment during the same four calendar quarters as
reported on the contribution reports.
"Threshold wage" means the wage amount the employer pays
unemployment taxes on for each person in his or her employ during
a calendar year. On and after the effective date of the amendment
and reenactment of this chapter by the Legislature in 2009, the
threshold wage will be $12,000: Provided, That when the moneys in
the unemployment fund reach $220 million on February 15 of any
year, the threshold wage thereafter will be reduced to $9,000:
Provided, however, That each year thereafter the threshold wage
shall increase or decrease by the same percentage that the state's average wage increases or decreases.
ARTICLE 6. EMPLOYEE ELIGIBILITY; BENEFITS.
§21A-6-1. Eligibility qualifications.
An unemployed individual shall be eligible to receive benefits
only if the commissioner finds that:
(1) He or she has registered for work at and thereafter
continues to report at an employment office in accordance with the
regulations of the commissioner;
(2) He or she
has made a claim for benefits in accordance with
the provisions of article seven of this chapter and has furnished
his or her Social Security number, or numbers if he or she has more
than one such number;
(3) He or she
is able to work and is available for full-time
work for which he or she
is fitted by prior training or experience
and is doing that which a reasonably prudent person in his or her
circumstances would do in seeking work;
(4) He or she
has been totally or partially unemployed during
his or her benefit year for a waiting period of one week prior to
the week for which he or she
claims benefits for total or partial
unemployment;
(5) He or she
has within his or her base period been paid
wages for employment equal to not less than $2,200 and must have
earned wages in more than one quarter of his or her base period or,
if he or she is not eligible under his or her base period, has
within his or her alternative base period been paid wages for
employment equal to not less than $2,200 and must have earned wages in more than one quarter of his or her alternative base period; and
(6) He or she participates in reemployment services, such as
job search assistance services, if the individual has been
determined to be likely to exhaust regular benefits and needs
reemployment services pursuant to a profiling system established by
the commissioner, unless the commissioner determines that:
(a) The individual has completed such services; or
(b) There is justifiable cause for the claimant's failure to
participate in such services.
§21A-6-3. Disqualification for benefits.
Upon the determination of the facts by the commissioner, an
individual shall be disqualified for benefits:
(1) For the week in which he or she left his or her most
recent work voluntarily without good cause involving fault on the
part of the employer and until the individual returns to covered
employment and has been employed in covered employment at least
thirty working days.
For the purpose of this subdivision, an individual shall not
be deemed to have left his or her most recent work voluntarily
without good cause involving fault on the part of the employer, if
such individual leaves his or her most recent work with an employer
and if he or she in fact, within a fourteen-day calendar period,
does return to employment with the last preceding employer with
whom he or she was previously employed within the past year prior
to his or her return to workday, and which last preceding employer,
after having previously employed such individual for thirty working days or more, laid off such individual because of lack of work,
which layoff occasioned the payment of benefits under this chapter
or could have occasioned the payment of benefits under this chapter
had such individual applied for such benefits. It is the intent of
this paragraph to cause no disqualification for benefits for such
an individual who complies with the foregoing set of requirements
and conditions. Further, for the purpose of this subdivision, an
individual shall not be deemed to have left his or her most recent
work voluntarily without good cause involving fault on the part of
the employer, if such individual was compelled to leave his or her
work for his or her own health-related reasons and notifies the
employer prior to leaving the job or within two business days after
leaving the job or as soon as practicable and presents written
certification from a licensed physician within thirty days of
leaving the job that his or her work aggravated, worsened or will
worsen the individual's health problem.
(2) For the week in which he or she was discharged from his or
her most recent work for misconduct and the six weeks immediately
following such week; or for the week in which he or she was
discharged from his or her last thirty-day employing unit for
misconduct and the six weeks immediately following such week. Such
disqualification shall carry a reduction in the maximum benefit
amount equal to six times the individual's weekly benefit.
However, if the claimant returns to work in covered employment for
thirty days during his or her benefit year, whether or not such
days are consecutive, the maximum benefit amount shall be increased by the amount of the decrease imposed under the disqualification;
except that:
If he or she were discharged from his or her most recent work
for one of the following reasons, or if he or she were discharged
from his or her last thirty days employing unit for one of the
following reasons: Gross misconduct consisting of willful
destruction of his or her employer's property; assault upon the
person of his or her employer or any employee of his or her
employer; if such assault is committed at such individual's place
of employment or in the course of employment; reporting to work in
an intoxicated condition, or being intoxicated while at work;
reporting to work under the influence of any controlled substance,
as defined in chapter sixty-a of this code without a valid
prescription, or being under the influence of any controlled
substance, as defined in said chapter without a valid prescription,
while at work; adulterating or otherwise manipulating a sample or
specimen in order to thwart a drug or alcohol test lawfully
required of an employee; refusal to submit to random testing for
alcohol or illegal controlled substances for employees in safety
sensitive positions as defined in section two, article one-d,
chapter twenty-one of this code; arson, theft, larceny, fraud or
embezzlement in connection with his or her work; or any other gross
misconduct, he or she shall be and remain disqualified for benefits
until he or she has thereafter worked for at least thirty days in
covered employment: Provided, That for the purpose of this
subdivision, the words "any other gross misconduct" shall include, but not be limited to, any act or acts of misconduct where the
individual has received prior written warning that termination of
employment may result from such act or acts.
(3) For the week in which he or she failed without good cause
to apply for available, suitable work, accept suitable work when
offered, or return to his or her customary self-employment when
directed to do so by the commissioner, and for the four weeks which
immediately follow for such additional period as any offer of
suitable work shall continue open for his or her acceptance. Such
disqualification shall carry a reduction in the maximum benefit
amount equal to four times the individual's weekly benefit amount.
(4) For a week in which his or her total or partial
unemployment is due to a stoppage of work which exists because of
a labor dispute at the factory, establishment or other premises at
which he or she was last employed, unless the commissioner is
satisfied that he or she: (1) Was not participating, financing or
directly interested in such dispute; and (2) did not belong to a
grade or class of workers who were participating, financing or
directly interested in the labor dispute which resulted in the
stoppage of work. No disqualification under this subdivision shall
be imposed if the employees are required to accept wages, hours or
conditions of employment substantially less favorable than those
prevailing for similar work in the locality, or if employees are
denied the right of collective bargaining under generally
prevailing conditions, or if an employer shuts down his or her
plant or operation or dismisses his or her employees in order to force wage reduction, changes in hours or working conditions. For
the purpose of this subdivision if any stoppage of work continues
longer than four weeks after the termination of the labor dispute
which caused stoppage of work, there shall be a rebuttable
presumption that part of the stoppage of work which exists after a
period of four weeks after the termination of the labor dispute did
not exist because of the labor dispute; and in that event the
burden shall be upon the employer or other interested party to show
otherwise.
(5) For a week with respect to which he or she is receiving or
has received:
(a) Wages in lieu of notice;
(b) Compensation for temporary total disability under the
workers' compensation law of any state or under a similar law of
the United States; or
(c) Unemployment compensation benefits under the laws of the
United States or any other state.
(6) For the week in which an individual has voluntarily quit
employment to marry or to perform any marital, parental or family
duty, or to attend to his or her personal business or affairs and
until the individual returns to covered employment and has been
employed in covered employment at least thirty working days.
(7) Benefits shall not be paid to any individual on the basis
of any services, substantially all of which consist of
participating in sports or athletic events or training or preparing
to so participate, for any week which commences during the period between two successive sport seasons (or similar periods) if such
individual performed such services in the first of such seasons (or
similar periods) and there is a reasonable assurance that such
individual will perform such services in the later of such seasons
(or similar periods).
(8)(a) Benefits shall not be paid on the basis of services
performed by an alien unless such alien is an individual who was
lawfully admitted for permanent residence at the time such services
were performed, was lawfully present for purposes of performing
such services or was permanently residing in the United States
under color of law at the time such services were performed
(including an alien who is lawfully present in the United States as
a result of the application of the provisions of Section 203(a)(7)
or Section 212(d)(5) of the Immigration and Nationality Act):
Provided, That any modifications to the provisions of Section
3304(a)(14) of the federal Unemployment Tax Act as provided by
Public Law 94-566 which specify other conditions or other effective
date than stated herein for the denial of benefits based on
services performed by aliens and which modifications are required
to be implemented under state law as a condition for full tax
credit against the tax imposed by the federal Unemployment Tax Act
shall be deemed applicable under the provisions of this section;
(b) Any data or information required of individuals applying
for benefits to determine whether benefits are not payable to them
because of their alien status shall be uniformly required from all
applicants for benefits;
(c) In the case of an individual whose application for
benefits would otherwise be approved, no determination that
benefits to such individual are not payable because of his or her
alien status shall be made except upon a preponderance of the
evidence.
(9) For each week in which an individual is unemployed
because, having voluntarily left employment to attend a school,
college, university or other educational institution, he or she is
attending such school, college, university or other educational
institution, or is awaiting entrance thereto or is awaiting the
starting of a new term or session thereof, and until the individual
returns to covered employment.
(10) For each week in which he or she is unemployed because of
his or her request, or that of his or her duly authorized agent,
for a vacation period at a specified time that would leave the
employer no other alternative but to suspend operations.
(11) In the case of an individual who accepts an early
retirement incentive package, unless he or she: (i) Establishes a
well-grounded fear of imminent layoff supported by definitive
objective facts involving fault on the part of the employer; and
(ii) establishes that he or she would suffer a substantial loss by
not accepting the early retirement incentive package.
(12) For each week with respect to which he or she is
receiving or has received benefits under Title II of the Social
Security Act or similar payments under any act of Congress, or
remuneration in the form of an annuity, pension or other retirement pay from a base period employer or chargeable employer or from any
trust or fund contributed to by a base period employer or
chargeable employer or any combination of the above, the weekly
benefit amount payable to such individual for such week shall be
reduced (but not below zero) by the prorated weekly amount of said
benefits, payments or remuneration: Provided, That if such amount
of benefits is not a multiple of $1, it shall be computed to the
next lowest multiple of $1: Provided, however, That there shall be
no disqualification if in the individual's base period there are no
wages which were paid by the base period employer or chargeable
employer paying such remuneration, or by a fund into which the
employer has paid during said base period: Provided further, That
notwithstanding any other provision of this subdivision to the
contrary, the weekly benefit amount payable to such individual for
such week shall not be reduced by any retirement benefits he or she
is receiving or has received under Title II of the Social Security
Act or similar payments under any act of Congress. Claimant may be
required to certify as to whether or not he or she is receiving or
has been receiving remuneration in the form of an annuity, pension
or other retirement pay from a base period employer or chargeable
employer or from a trust fund contributed to by a base period
employer or chargeable employer.
(13) For each week in which and for fifty-two weeks
thereafter, beginning with the date of the decision, if the
commissioner finds such individual who within twenty-four calendar
months immediately preceding such decision, has made a false statement or representation knowing it to be false or knowingly
fails to disclose a material fact, to obtain or increase any
benefit or payment under this article: Provided, That
disqualification under this subdivision shall not preclude
prosecution under section seven, article ten of this chapter.
§21A-6-10. Benefit rate -- Total unemployment; annual computation
and publication of rates
.
(a) Each eligible individual who is totally unemployed in any
week shall be paid benefits with respect to that week at the weekly
rate appearing in Column (C) in the benefit table in this section,
on the line on which in Column (A) there is indicated the
employee's wage class, except as otherwise provided under the term
"total and partial unemployment" in section twenty-seven, article
one-a of this chapter. The employee's wage class shall be
determined by his or her base period wages as shown in Column (B)
in the benefit table. The right of an employee to receive benefits
shall not be prejudiced nor the amount thereof be diminished by
reason of failure by an employer to pay either the wages earned by
the employee or the contribution due on such wages. An individual
who is totally unemployed but earns in excess of$60 as a result of
odd job or subsidiary work, or is paid a bonus in any benefit week
shall be paid benefits for such week in accordance with the
provisions of this chapter pertaining to benefits for partial
unemployment.
(b) (1) The maximum benefit for each wage class shall be equal
to twenty-six times the weekly benefit rate.
(2) The maximum benefit rate shall be sixty-six and two-thirds
percent of the average weekly wage in West Virginia.
(c) On July 1 of each year, the commissioner shall determine
the maximum weekly benefit rate upon the basis of the formula set
forth above and shall establish wage classes as are required,
increasing or decreasing the amount of the base period wages
required for each wage class by $150, establishing the weekly
benefit rate for each wage class by rounded dollar amount to be
fifty-five percent of one fifty-second of the median dollar amount
of wages in the base period for such wage class and establishing
the maximum benefit for each wage class as an amount equal to
twenty-six times the weekly benefit rate: Provided, That the
commissioner shall not increase or decrease the maximum weekly
benefit rate for the period beginning on the effective date of the
amendment and reenactment of this section in the regular session of
the legislature in 2009 until the threshold wage is reduced to
$9,000, as required by subsection (d), section twenty-eight,
article one-a of this chapter. The maximum weekly benefit rate,
when computed by the commissioner, in accordance with the foregoing
provisions, shall be rounded to the next lowest multiple of$1.
(d) After he or she has established such wage classes, the
commissioner shall prepare and publish a table setting forth such
information.
(e) Average weekly wage shall be computed by dividing the
number of employees in West Virginia earning wages in covered
employment into the total wages paid to employees in West Virginia in covered employment, and by further dividing said result by
fifty-two, and shall be determined from employer wage and
contribution reports for the previous calendar year which are
furnished to the department on or before June 1 following such
calendar year. The average weekly wage, as determined by the
commissioner, shall be rounded to the next higher dollar.
(f) The computation and determination of rates as aforesaid
shall be completed annually before July 1 and any such new wage
class, with its corresponding wages in base period, weekly benefit
rate and maximum benefit in a benefit year established by the
commissioner in the foregoing manner effective on July 1 shall
apply only to a new claim established by a claimant on and after
July 1, and does not apply to continued claims of a claimant based
on his or her new claim established before said July 1.
BENEFIT TABLE
A
WAGE
|
|
B
WAGES IN
|
C
WEEKLY
|
MAXIMUM
|
|
CLASS
|
|
BASE PERIOD
|
BENEFIT RATE
|
BENEFIT RATE
|
|
|
|
Under $ 2,200.00
|
Ineligible
|
|
|
1
|
$
|
2,200.00
|
-
|
2,359.99
|
24.00
|
624.00
|
|
2
|
|
2,350.00
|
-
|
2,499.99
|
25.00
|
650.00
|
|
3
|
|
2,500.00
|
-
|
2,649.99
|
27.00
|
702.00
|
|
4
|
|
2,650.00
|
-
|
2,799.99
|
28.00
|
728.00
|
|
5
|
|
2,800.00
|
-
|
2,949.99
|
30.00
|
780.00
|
|
6
|
|
2,950.00
|
-
|
3,099.99
|
31.00
|
806.00
|
|
7
|
|
3,100.00
|
-
|
3,249.99
|
33.00
|
858.00
|
|
8
|
|
3,250.00
|
-
|
3,399.99
|
35.00
|
910.00
|
|
9
|
|
3,400.00
|
-
|
3,549.99
|
36.00
|
936.00
|
|
10
|
|
3,550.00
|
-
|
3,699.99
|
38.00
|
988.00
|
|
11
|
|
3,700.00
|
-
|
3,849.99
|
39.00
|
1,014.00
|
|
12
|
|
3,850.00
|
-
|
3,999.99
|
41.00
|
1,066.00
|
|
13
|
|
4,000.00
|
-
|
4,149.99
|
43.00
|
1,118.00
|
|
14
|
|
4,150.00
|
-
|
4,299.99
|
44.00
|
1,144.00
|
|
15
|
|
4,300.00
|
-
|
4,449.99
|
46.00
|
1,196.00
|
|
16
|
|
4,450.00
|
-
|
4,599.99
|
47.00
|
1,222.00
|
|
17
|
|
4,600.00
|
-
|
4,749.99
|
49.00
|
1,274.00
|
|
18
|
|
4,750.00
|
-
|
4,899.99
|
51.00
|
1,326.00
|
|
19
|
|
4,900.00
|
-
|
5,049.99
|
52.00
|
1,352.00
|
|
20
|
|
5,050.00
|
-
|
5,199.99
|
54.00
|
1,404.00
|
7,462.00 16827,250.00 -27,399.99289.00 7,514.00 16927,400.00 -27,549.99290.00 7,540.00 17027,550.00 -27,699.99292.00 7,592.00 17127,700.00 -27,849.99293.00 7,618.00 17227,850.00 -27,999.99295.00 7,670.00 17328,000.00 -28,149.99296.00 7,696.00 17428,150.00 -28,299.99298.00 7,748.00 17528,300.00 -28,449.99300.00 7,800.00 17628,450.00 -28,599.99301.00 7,826.00 17728,600.00 -28,749.99303.00 7,878.00 17828,750.00 -28,899.99304.00 7,904.00 17928,900.00 -29,049.99306.00 7,956.00 18029,050.00 -29,199.99308.00 8,008.00 18129,200.00 -29,349.99309.00 8,034.00 18229,350.00 -29,499.99311.00 8,086.00 18329,500.00 -29,649.99312.00 8,112.00 18429,650.00 -29,799.99314.00 8,164.00 18529,800.00 -
29,949.99315.00 8,190.00 18629,950.00 -30,099.99317.00 8,242.00 18730,100.00 -30,249.99319.00 8,294.00 18830,250.00 -30,399.99320.00 8,320.00 18930,400.00 -30,549.99322.00 8,372.00 19030,550.00 -30,699.99323.00 8,398.00 19130,700.00 -30,849.99325.00 8,450.00 19230,850.00 -30,999.99327.00 8,502.00 19331,000.00 -31,149.99328.00 8,528.00 19431,150.00 -31,299.99330.00 8,580.00 19531,300.00 -31,449.99331.00 8,606.00 19631,450.00 -31,599.99333.00 8,658.00 19731,600.00 -31,749.99335.00 8,710.00 19831,750.00 -31,899.99336.00 8,736.00 19931,900.00 -32,049.99338.00 8,788.00 20032,050.00 -32,199.99339.00 8,814.00 20132,200.00 -32,349.99341.00 8,866.00 20232,350.00 -32,499.99342.00 8,892.00 20332,500.00 -32,649.99344.00 8,944.00 20432,650.00 -32,799.99346.00 8,996.00 20532,800.00 -32,949.99347.00 9,022.00 20632,950.00 -33,099.99349.00 9,074.00 20733,100.00 -33,249.99350.00 9,100.00 20833,250.00 -33,399.99352.00 9,152.00 20933,400.00 -33,549.99354.00 9,204.00 21033,550.00 -
33,699.99355.00 9,230.0021133,700.00 -33,849.99357.00 9,282.0021233,850.00 -33,999.99358.00 9,308.0021334,000.00 -34,149.99360.00 9,360.0021434,150.00 -34,299.99361.00 9,386.0021534,300.00 -34,449.99363.00 9,438.0021634,450.00 -34,599.99365.00 9,490.0021734,600.00 -34,749.99366.00 9,516.0021834,750.00 -34,899.99368.00 9,568.0021934,900.00 -35,049.99369.00 9,594.0022035,050.00 -35,199.99371.00 9,646.0022135,200.00 -35,349.99373.00 9,698.0022235,350.00 -35,499.99374.00 9,724.0022335,500.00 -35,649.99376.00 9,776.0022435,650.00 -35,799.99377.00 9,802.0022535,800.00 -35,949.99379.00 9,854.0022635,950.00 -
36,999.99381.00 9,906.0022736,100.00 -36,249.99382.00 9,932.0022836,250.00 -36,399.99384.00 9,984.0022936,400.00 -36,549.99385.00 10,010.0023036,550.00 -36,699.99387.00 10,062.0023136,700.00 -36,849.99388.00 10,088.0023236,850.00 -36,999.99390.00 10,140.0023337,000.00 -37,149.99392.00 10,192.0023437,150.00 -37,299.99393.00 10,218.0023537,300.00 -37,449.99395.00 10,270.0023637,450.00 -37,599.99396.00 10,296.0023737,600.00 -37,749.99398.00 10,348.0023837,750.00 -37,899.99400.00 10,400.0023937,900.00 -38,049.99401.00 10,426.0024038,050.00 -38,199.99403.00 10,478.0024138,200.00 -38,349.99404.00 10,504.0024238,350.00 -38,499.99406.00 10,556.0024338,500.00 -38,649.99408.00 10,608.0024438,650.00 -38,799.99409.00 10,634.0024538,800.00 -38,949.99411.00 10,686.0024638,950.00 -39,099.99412.00 10,712.0024739,100.00 -39,249.99414.00 10,764.0024839,250.00 -39,399.99415.00 10,790.0024939,400.00 -39,549.99417.00 10,842.0025039,550.00 -39,699.99419.00 10,894.0025139,700.00 -39,849.99420.00 10,920.0025239,850.00 -39,999.99422.00 10,972.0025340,000.00 -40,149.99423.00 10,998.0025440,150.00 -and above424.00 11,024.00
|
21
|
|
5,200.00
|
-
|
5,349.99
|
55.00
|
1,430.00
|
|
22
|
|
5,350.00
|
-
|
5,499.99
|
57.00
|
1,482.00
|
|
23
|
|
5,500.00
|
-
|
5,649.99
|
58.00
|
1,508.00
|
|
24
|
|
5,650.00
|
-
|
5,799.99
|
60.00
|
1,560.00
|
|
25
|
|
5,800.00
|
-
|
5,949.99
|
62.00
|
1,612.00
|
|
26
|
|
5,950.00
|
-
|
6,099.99
|
63.00
|
1,638.00
|
|
27
|
|
6,100.00
|
-
|
6,249.99
|
65.00
|
1,690.00
|
|
28
|
|
6,250.00
|
-
|
6,399.99
|
66.00
|
1,716.00
|
|
29
|
|
6,400.00
|
-
|
6,549.99
|
68.00
|
1,768.00
|
|
30
|
|
6,550.00
|
-
|
6,699.99
|
70.00
|
1,820.00
|
|
31
|
|
6,700.00
|
-
|
6,849.99
|
71.00
|
1,846.00
|
|
32
|
|
6,850.00
|
-
|
6,999.99
|
73.00
|
1,898.00
|
|
33
|
|
7,000.00
|
-
|
7,149.99
|
74.00
|
1,924.00
|
|
34
|
|
7,150.00
|
-
|
7,299.99
|
76.00
|
1,976.00
|
|
35
|
|
7,300.00
|
-
|
7,449.99
|
78.00
|
2,028.00
|
|
36
|
|
7,450.00
|
-
|
7,599.99
|
79.00
|
2,054.00
|
|
37
|
|
7,600.00
|
-
|
7,749.99
|
81.00
|
2,106.00
|
|
38
|
|
7,750.00
|
-
|
7,899.99
|
82.00
|
2,132.00
|
|
39
|
|
7,900.00
|
-
|
8,049.99
|
84.00
|
2,184.00
|
|
40
|
|
8,050.00
|
-
|
8,199.99
|
85.00
|
2,210.00
|
|
41
|
|
8,200.00
|
-
|
8,349.99
|
87.00
|
2,262.00
|
|
42
|
|
8,350.00
|
-
|
8,499.99
|
89.00
|
2,314.00
|
|
43
|
|
8,500.00
|
-
|
8,649.99
|
90.00
|
2,340.00
|
|
44
|
|
8,650.00
|
-
|
8,799.99
|
92.00
|
2,392.00
|
|
45
|
|
8,800.00
|
-
|
8,949.99
|
93.00
|
2,418.00
|
|
46
|
|
8,950.00
|
-
|
9,099.99
|
95.00
|
2,470.00
|
|
47
|
|
9,100.00
|
-
|
9,249.99
|
97.00
|
2,522.00
|
|
48
|
|
9,250.00
|
-
|
9,399.99
|
98.00
|
2,548.00
|
|
49
|
|
9,400.00
|
-
|
9,549.99
|
100.00
|
2,600.00
|
|
50
|
|
9,550.00
|
-
|
9,699.99
|
101.00
|
2,626.00
|
|
51
|
|
9,700.00
|
-
|
9,849.99
|
103.00
|
2,678.00
|
|
52
|
|
9,850.00
|
-
|
9,999.99
|
104.00
|
2,704.00
|
|
53
|
|
10,000.00
|
-
|
10,149.99
|
106.00
|
2,756.00
|
|
54
|
|
10,150.00
|
-
|
10,299.99
|
108.00
|
2,808.00
|
|
55
|
|
10,300.00
|
-
|
10,449.99
|
109.00
|
2,834.00
|
|
56
|
|
10,450.00
|
-
|
10,599.99
|
111.00
|
2,886.00
|
|
57
|
|
10,600.00
|
-
|
10,749.99
|
112.00
|
2,912.00
|
|
58
|
|
10,750.00
|
-
|
10,899.99
|
114.00
|
2,964.00
|
|
59
|
|
10,900.00
|
-
|
11,049.99
|
116.00
|
3,016.00
|
|
60
|
|
11,050.00
|
-
|
11,199.99
|
117.00
|
3,042.00
|
|
61
|
|
11,200.00
|
-
|
11,349.99
|
119.00
|
3,094.00
|
|
62
|
|
11,350.00
|
-
|
11,499.99
|
120.00
|
3,120.00
|
|
63
|
|
11,500.00
|
-
|
11,649.99
|
122.00
|
3,172.00
|
|
64
|
|
11,650.00
|
-
|
11,799.99
|
124.00
|
3,224.00
|
|
65
|
|
11,800.00
|
-
|
11,949.99
|
125.00
|
3,250.00
|
|
66
|
|
11,950.00
|
-
|
12,099.99
|
127.00
|
3,302.00
|
|
67
|
|
12,100.00
|
-
|
12,249.99
|
128.00
|
3,328.00
|
|
68
|
|
12,250.00
|
-
|
12,399.99
|
130.00
|
3,380.00
|
|
69
|
|
12,400.00
|
-
|
12,549.99
|
131.00
|
3,406.00
|
|
70
|
|
12,550.00
|
-
|
12,699.99
|
133.00
|
3,458.00
|
|
71
|
|
12,700.00
|
-
|
12,849.99
|
135.00
|
3,510.00
|
|
72
|
|
12,850.00
|
-
|
12,999.99
|
136.00
|
3,536.00
|
|
73
|
|
13,000.00
|
-
|
13,149.99
|
138.00
|
3,588.00
|
|
74
|
|
13,150.00
|
-
|
13,299.99
|
139.00
|
3,614.00
|
|
75
|
|
13,300.00
|
-
|
13,449.99
|
141.00
|
3,666.00
|
|
76
|
|
13,450.00
|
-
|
13,599.99
|
143.00
|
3,718.00
|
|
77
|
|
13,600.00
|
-
|
13,749.99
|
144.00
|
3,744.00
|
|
78
|
|
13,750.00
|
-
|
13,899.99
|
146.00
|
3,796.00
|
|
79
|
|
13,900.00
|
-
|
14,049.99
|
147.00
|
3,822.00
|
|
80
|
|
14,050.00
|
-
|
14,199.99
|
149.00
|
3,874.00
|
|
81
|
|
14,200.00
|
-
|
14,349.99
|
150.00
|
3,900.00
|
|
82
|
|
14,350.00
|
-
|
14,499.99
|
152.00
|
3,952.00
|
|
83
|
|
14,500.00
|
-
|
14,649.99
|
154.00
|
4,004.00
|
|
84
|
|
14,650.00
|
-
|
14,799.99
|
155.00
|
4,030.00
|
|
85
|
|
14,800.00
|
-
|
14,949.99
|
157.00
|
4,082.00
|
|
86
|
|
14,950.00
|
-
|
15,099.99
|
158.00
|
4,108.00
|
|
87
|
|
15,100.00
|
-
|
15,249.99
|
160.00
|
4,160.00
|
|
88
|
|
15,250.00
|
-
|
15,399.99
|
162.00
|
4,212.00
|
|
89
|
|
15,400.00
|
-
|
15,549.99
|
163.00
|
4,238.00
|
|
90
|
|
15,550.00
|
-
|
15,699.99
|
165.00
|
4,290.00
|
|
91
|
|
15,700.00
|
-
|
15,849.99
|
166.00
|
4,316.00
|
|
92
|
|
15,850.00
|
-
|
15,999.99
|
168.00
|
4,368.00
|
|
93
|
|
16,000.00
|
-
|
16,149.99
|
170.00
|
4,420.00
|
|
94
|
|
16,150.00
|
-
|
16,299.99
|
171.00
|
4,446.00
|
|
95
|
|
16,300.00
|
-
|
16,449.99
|
173.00
|
4,498.00
|
|
96
|
|
16,450.00
|
-
|
16,599.99
|
174.00
|
4,524.00
|
|
97
|
|
16,600.00
|
-
|
16,749.99
|
176.00
|
4,576.00
|
|
98
|
|
16,750.00
|
-
|
16,899.99
|
177.00
|
4,602.00
|
|
99
|
|
16,900.00
|
-
|
17,049.99
|
179.00
|
4,654.00
|
|
100
|
|
17,050.00
|
-
|
17,199.99
|
181.00
|
4,706.00
|
|
101
|
|
17,200.00
|
-
|
17,349.99
|
182.00
|
4,732.00
|
|
102
|
|
17,350.00
|
-
|
17,499.99
|
184.00
|
4,784.00
|
|
103
|
|
17,500.00
|
-
|
17,649.99
|
185.00
|
4,810.00
|
|
104
|
|
17,650.00
|
-
|
17,799.99
|
187.00
|
4,862.00
|
|
105
|
|
17,800.00
|
-
|
17,949.99
|
189.00
|
4,914.00
|
|
106
|
|
17,950.00
|
-
|
18,099.99
|
190.00
|
4,940.00
|
|
107
|
|
18,100.00
|
-
|
18,249.99
|
192.00
|
4,992.00
|
|
108
|
|
18,250.00
|
-
|
18,399.99
|
193.00
|
5,018.00
|
|
109
|
|
18,400.00
|
-
|
18,549.99
|
195.00
|
5,070.00
|
|
110
|
|
18,550.00
|
-
|
18,699.99
|
196.00
|
5,096.00
|
|
111
|
|
18,700.00
|
-
|
18,849.99
|
198.00
|
5,148.00
|
|
112
|
|
18,850.00
|
-
|
18,999.99
|
200.00
|
5,200.00
|
|
113
|
|
19,000.00
|
-
|
19,149.99
|
201.00
|
5,226.00
|
|
114
|
|
19,150.00
|
-
|
19,299.99
|
203.00
|
5,278.00
|
|
115
|
|
19,300.00
|
-
|
19,449.99
|
204.00
|
5,304.00
|
|
116
|
|
19,450.00
|
-
|
19,599.99
|
206.00
|
5,356.00
|
|
117
|
|
19,600.00
|
-
|
19,749.99
|
208.00
|
5,408.00
|
|
118
|
|
19,750.00
|
-
|
19,899.99
|
209.00
|
5,434.00
|
|
119
|
|
19,900.00
|
-
|
20,049.99
|
211.00
|
5,486.00
|
|
120
|
|
20,050.00
|
-
|
20,199.99
|
212.00
|
5,512.00
|
|
121
|
|
20,200.00
|
-
|
20,349.99
|
214.00
|
5,564.00
|
|
122
|
|
20,350.00
|
-
|
20,499.99
|
216.00
|
5,616.00
|
|
123
|
|
20,500.00
|
-
|
20,649.99
|
217.00
|
5,642.00
|
|
124
|
|
20,650.00
|
-
|
20,799.99
|
219.00
|
5,694.00
|
|
125
|
|
20,800.00
|
-
|
20,949.99
|
220.00
|
5,720.00
|
|
126
|
|
20,950.00
|
-
|
21,099.99
|
222.00
|
5,772.00
|
|
127
|
|
21,100.00
|
-
|
21,249.99
|
223.00
|
5,798.00
|
|
128
|
|
21,250.00
|
-
|
21,399.99
|
225.00
|
5,850.00
|
|
129
|
|
21,400.00
|
-
|
21,549.99
|
227.00
|
5,902.00
|
|
130
|
|
21,550.00
|
-
|
21,699.99
|
228.00
|
5,928.00
|
|
131
|
|
21,700.00
|
-
|
21,849.99
|
230.00
|
5,980.00
|
|
132
|
|
21,850.00
|
-
|
21,999.99
|
231.00
|
6,006.00
|
|
133
|
|
22,000.00
|
-
|
22,149.99
|
233.00
|
6,058.00
|
|
134
|
|
22,150.00
|
-
|
22,299.99
|
235.00
|
6,110.00
|
|
135
|
|
22,300.00
|
-
|
22,449.99
|
236.00
|
6,136.00
|
|
136
|
|
22,450.00
|
-
|
22,599.99
|
238.00
|
6,188.00
|
|
137
|
|
22,600.00
|
-
|
22,749.99
|
239.00
|
6,214.00
|
|
138
|
|
22,750.00
|
-
|
22,899.99
|
241.00
|
6,266.00
|
|
139
|
|
22,900.00
|
-
|
23,049.99
|
243.00
|
6,318.00
|
|
140
|
|
23,050.00
|
-
|
23,199.99
|
244.00
|
6,344.00
|
|
141
|
|
23,200.00
|
-
|
23,349.99
|
246.00
|
6,396.00
|
|
142
|
|
23,350.00
|
-
|
23,499.99
|
247.00
|
6,422.00
|
|
143
|
|
23,500.00
|
-
|
23,649.99
|
249.00
|
6,474.00
|
|
144
|
|
23,650.00
|
-
|
23,799.99
|
250.00
|
6,500.00
|
|
145
|
|
23,800.00
|
-
|
23,949.99
|
252.00
|
6,552.00
|
|
146
|
|
23,950.00
|
-
|
24,099.99
|
254.00
|
6,604.00
|
|
147
|
|
24,100.00
|
-
|
24,249.99
|
255.00
|
6,630.00
|
|
148
|
|
24,250.00
|
-
|
24,399.99
|
257.00
|
6,682.00
|
|
149
|
|
24,400.00
|
-
|
24,549.99
|
258.00
|
6,708.00
|
|
150
|
|
24,550.00
|
-
|
24,699.99
|
260.00
|
6,760.00
|
|
151
|
|
24,700.00
|
-
|
24,849.99
|
262.00
|
6,812.00
|
|
152
|
|
24,850.00
|
-
|
24,999.99
|
263.00
|
6,838.00
|
|
153
|
|
25,000.00
|
-
|
25,149.99
|
265.00
|
6,890.00
|
|
154
|
|
25,150.00
|
-
|
25,299.99
|
266.00
|
6,916.00
|
|
155
|
|
25,300.00
|
-
|
25,449.99
|
268.00
|
6,968.00
|
|
156
|
|
25,450.00
|
-
|
25,599.99
|
269.00
|
6,994.00
|
|
157
|
|
25,600.00
|
-
|
25,749.99
|
271.00
|
7,046.00
|
|
158
|
|
25,750.00
|
-
|
25,899.99
|
273.00
|
7,098.00
|
|
159
|
|
25,900.00
|
-
|
26,049.99
|
274.00
|
7,124.00
|
|
160
|
|
26,050.00
|
-
|
26,199.99
|
276.00
|
7,176.00
|
|
161
|
|
26,200.00
|
-
|
26,349.99
|
277.00
|
7,202.00
|
|
162
|
|
26,350.00
|
-
|
26,499.99
|
279.00
|
7,254.00
|
|
163
|
|
26,500.00
|
-
|
26,649.99
|
281.00
|
7,306.00
|
|
164
|
|
26,650.00
|
-
|
26,799.99
|
282.00
|
7,332.00
|
|
165
|
|
26,800.00
|
-
|
26,949.99
|
284.00
|
7,384.00
|
|
166
|
|
26,950.00
|
-
|
27,099.99
|
285.00
|
7,410.00
|
|
167
|
|
27,100.00
|
-
|
27,249.99
|
287.00
|
CHAPTER 23. WORKERS' COMPENSATION.
ARTICLE 2C. EMPLOYERS' MUTUAL INSURANCE COMPANY.
§23-2C-3. Creation of employer mutual as successor organization of
the West Virginia Workers' Compensation Commission.
(a) (1) On or before July 1, 2005, the executive director may
take such actions as are necessary to establish an employers'
mutual insurance company as a domestic, private, nonstock,
corporation to:
(A) Insure employers against liability for injuries and
occupational diseases for which their employees may be entitled to
receive compensation pursuant to this chapter and federal Longshore
and Harbor Workers' Compensation Act, 33 U. S. C. §901,
et seq.;
(B) Provide employer's liability insurance incidental to and
provided in connection with the insurance specified in paragraph
(A) of this subdivision, including coal workers' pneumoconiosis
coverage and employer excess liability coverage as provided in this
chapter; and
(C) Transact other kinds of property and casualty insurance
for which the company is otherwise qualified under the provisions
of this code.
(2) The company may not sell, assign or transfer substantial
assets or ownership of the company.
(b) If the executive director establishes a domestic mutual
insurance company pursuant to subsection (a) of this section:
(1) As soon as practical, the company established pursuant to
the provisions of this article shall, through a vote of a majority
of its provisional board, file its corporate charter and bylaws
with the Insurance Commissioner and apply for a license with the
Insurance Commissioner to transact insurance in this state.
Notwithstanding any other provision of this code, the Insurance
Commissioner shall act on the documents within fifteen days of the
filing by the company.
(2) In recognition of the workers' compensation insurance
liability insurance crisis in this state at the time of enactment
of this article and the critical need to expedite the initial
operation of the company, the Legislature authorizes the Insurance
Commissioner to review the documentation submitted by the company
and to determine the initial capital and surplus requirements of the company, notwithstanding the provisions of section five-b,
article three, chapter thirty-three of this code. The company
shall furnish the Insurance Commissioner with all information and
cooperate in all respects necessary for the Insurance Commissioner
to perform the duties set forth in this section and in other
provisions of this chapter and chapter thirty-three of this code.
The Insurance Commissioner shall monitor the economic viability of
the company during its initial operation on not less than a monthly
basis, until the commissioner, in his or her discretion, determines
that monthly reporting is not necessary. In all other respects the
company shall comply with the applicable provisions of chapter
thirty-three of this code.
(3) Subject to the provisions of subdivision (4) of this
subsection, the Insurance Commissioner may waive other requirements
imposed on mutual insurance companies by the provisions of chapter
thirty-three of this code the Insurance Commissioner determines are
necessary to enable the company to begin insuring employers in this
state at the earliest possible date.
(4) Within forty months of the date of the issuance of its
license to transact insurance, the company shall comply with the
capital and surplus requirements set forth in subsection (a),
section five-b, article three, chapter thirty-three of this code in
effect on the effective date of this enactment, unless the deadline
is extended by the Insurance Commissioner.
(c) For the duration of its existence, the company is not a
department, unit, agency or instrumentality of the state for any purpose. All debts, claims, obligations and liabilities of the
company, whenever incurred, are the debts, claims, obligations and
liabilities of the company only and not of the state or of any
department, unit, agency, instrumentality, officer or employee of
the state.
(d) The moneys of the company are not part of the General
Revenue Fund of the state. The debts, claims, obligations and
liabilities of the company are not a debt of the state or a pledge
of the credit of the state.
(e) The company is not subject to provisions of article
nine-a, chapter six of this code; the provisions of article two,
chapter six-c of this code; the provisions of chapter twenty-nine-b
of this code; the provisions of article three, chapter five-a of
this code; the provisions of article six, chapter twenty-nine of
this code; or the provisions of chapter twelve of this code.
(f) If the commission has been terminated, effective upon the
termination, private carriers, including the company, are not
subject to payment of premium taxes, surcharges and credits
contained in article three, chapter thirty-three of this code on
premiums received for coverage under this chapter. In lieu
thereof, the workers' compensation insurance market is subject to
the following:
(1) (A) Each fiscal year, the Insurance Commissioner shall
calculate a percentage surcharge to be collected by each private
carrier from its policyholders. The surcharge percentage shall be
calculated by dividing the previous fiscal year's total premiums collected plus deductible payments by all employers into the
portion of the Insurance Commissioner's budget amount attributable
to regulation of the private carrier market. This resulting
percentage shall be applied to each policyholder's premium payment
and deductible payments as a surcharge and remitted to the
Insurance Commissioner. Said surcharge shall be remitted within
ninety days of receipt of premium payments;
(B) With respect to fiscal years beginning on and after July
1, 2008, in lieu of the surcharge set forth in the preceding
paragraph, each private carrier shall collect a surcharge in the
amount of five and five-tenths percent of the premium collected
plus the total of all premium discounts based on deductible
provisions that were applied:
Provided, That prior to June 30, 2013
and every five years thereafter, the commissioner shall review the
percentage surcharge and determine a new percentage as he or she
deems necessary.
(C) The amounts required to be collected under paragraph (B)
of this subdivision shall be remitted to the Insurance Commissioner
on or before the twenty-fifth day of the month succeeding the end
of the quarter in which they are collected, except for the fourth
quarter for which the surcharge shall be remitted on or before
March 1 of the succeeding year.
(2) Each fiscal year, the Insurance Commissioner shall
calculate a percentage surcharge to be remitted on a quarterly
basis by self-insured employers and said percentage shall be
calculated by dividing previous year's self-insured payroll in the state into the portion of the Insurance Commissioner's budget
amount attributable to regulation of the self-insured employer
market. This resulting percentage shall be applied to each
self-insured employer's payroll and the resulting amount shall be
remitted as a regulatory surcharge by each self-insured employer.
The Industrial Council may promulgate a rule for implementation of
this section. The company, all other private carriers and all
self-insured employers shall furnish the Insurance Commissioner
with all required information and cooperate in all respects
necessary for the Insurance Commissioner to perform the duties set
forth in this section and in other provisions of this chapter and
chapter thirty-three of this code. The surcharge shall be
calculated so as to only defray the costs associated with the
administration of this chapter and the funds raised shall not be
used for any other purpose except as set forth in subdivision (4)
of this subsection;
(3) (A) Each private carrier shall collect a premiums
surcharge from its policyholders as annually determined, by May 1
of each year, by the Insurance Commissioner to produce forty-five
million dollars annually, of each policyholder's periodic premium
amount for workers' compensation insurance:
Provided, That the
surcharge rate on policies issued or renewed on or after July 1,
2008, shall be nine percent of the premium collected plus the total
of all premium discounts based on deductible provisions that were
applied.
(B) By May 1 each year, the self-insured employer community
shall be assessed a cumulative total of nine million dollars. The
methodology for the assessment shall be fair and equitable and
determined by exempt legislative rule issued by the Industrial
Council. The amount collected pursuant to this subdivision shall
be remitted to the Insurance Commissioner for deposit in the
Workers' Compensation Debt Reduction Fund created in section five,
article two-d of this chapter.
(4) On or before July 1, 2009, the Insurance Commissioner
shall make a one-time lump sum transfer of $40 million generated
from the surcharges assessed pursuant to paragraph (B), subdivision
(1) of this subsection and subdivision (2) of this subsection to
the Bureau of Employment Programs' Commissioner for deposit with
the Secretary of the Treasury of the United States as a credit of
this state in the Unemployment Trust Fund Account maintained
pursuant to section four, article eight, chapter twenty-one-a of
this code.
(g) The new premiums surcharge imposed by paragraphs (A) and
(B), subdivision (3), subsection (f) of this section sunset and are
not collectible with respect to workers' compensation insurance
premiums paid when the policy is renewed on or after the first day
of the month following the month in which the Governor certifies to
the Legislature that the revenue bonds issued pursuant to article
two-d of this chapter have been retired and that the unfunded
liability of the Old Fund has been paid or has been provided for in
its entirety, whichever occurs last.
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