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Ocga 34914 Provision Of Substitute Systems Of Compensation Approval By Board Grounds And Procedure For Termination

(a)  Subject to the joint approval of the board and the Commissioner of Insurance, any employer may enter into or continue any agreement with its employees to provide a system of compensation, benefit, or insurance in lieu of the compensation and insurance provided by this chapter.  No such substitute system shall be approved unless it complies with the following requirements:

(1)  The benefits provided for injured employees must at least equal the benefits required by this chapter;

(2)  Except as provided in Code Section 34-9-122.1, no contributions may be required from employees unless the substitute system of compensation confers benefits in addition to this chapter and the contributions are applied to the additional benefits;

(3)  The system must contain all provisions required of a standard policy of workers’ compensation insurance issued in this state, including a workers’ compensation benefits policy and an employer liability policy, and one of these policies may not be canceled independently of the other policy;

(4)  Any substitute system shall be required to file statistical data which would be required with regard to a standard policy of workers’ compensation insurance; and

(5)  Such other standards as are necessary to ensure the compliance of such substitute system with the provisions of this chapter as are jointly promulgated by rule or regulation of the State Board of Workers’ Compensation and the Commissioner of Insurance.

(b)  Such substitute system may be terminated by the board on reasonable notice and hearing to the interested parties if it shall appear that the system is not fairly administered or if its operation shall disclose defects threatening its solvency or if for any substantial reason it fails to accomplish the purpose of this chapter and is not in compliance with the provisions of this Code section; and in this case the board shall determine the proper distribution of all remaining assets, if any, subject to the right of any party at interest to take an appeal to the superior court of the county wherein the principal office or chief place of business of the employer is located.

(c)  It is the specific intent of the General Assembly that any alternative system of workers’ compensation which is approved by the board and the Commissioner of Insurance pursuant to this Code section shall preserve an employer’s immunity from civil action resulting from an injury which is compensable under this chapter as provided in Code Section 34-9-11, and the provisions of this Code section shall not be construed to the contrary.

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