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Ocga 349386 Assessment Of Participants Liability Of Fund And Participants For Claims Revocation Of Participants Authority To Be Selfinsured

(a)

(1)  The board of trustees shall, commencing January 1, 1991, assess each participant in accordance with paragraph (2) of this subsection.  Upon reaching a funded level of $10 million, all annual assessments against participants who have paid at least three prior assessments shall cease except as specifically provided in paragraph (4) of this subsection.

(2)  Assessment for each new participant in the first calendar year of participation shall be $4,000.00.  Thereafter, assessments shall be in accordance with paragraphs (3) and (4) of this subsection.

(3)  After the first calendar year of participation, the assessment of each participant shall be made on the basis of a percentage of the total of indemnity benefits paid by, or on behalf of, each participant during the previous calendar year.  Except as provided in paragraph (2) of this subsection for the first calendar year of participation and paragraph (4) of this subsection, a participant will not be assessed at any one time an amount in excess of 1.5 percent of the indemnity benefits paid by that participant during the previous calendar year or $1,000.00, whichever is greater.  The total amount of assessments, not including those set out in paragraph (4) of this subsection, in any calendar year against any one participant shall not exceed the amount of $4,000.00.

(4)  If after the full funded level of $10 million has been attained, the fund is reduced to an amount below $7 million as the result of the payment of claims, the administration of claims, or the costs of administration of the fund the board of trustees shall levy a special assessment in proportion to the assessment provided for in paragraph (3) of this subsection of the participants in an amount sufficient to increase the funded level to $7 million; provided, however, that such special assessment in any calendar year against any one participant shall not exceed the amount of $10,000.00.

(5)  Funds obtained by such assessments shall be used only for the purposes set forth in this article and shall be deposited upon receipt by the board of trustees into the fund. If payment of any assessment made under this article is not made within 30 days of the sending of the notice to the participant, the board of trustees is authorized to proceed in court for judgment against the participant, including the amount of the assessment, the costs of suit, interest, and reasonable attorneys’ fees or proceed directly against the security pledged by the participant.

(b)

(1)  The fund shall be liable for claims arising out of injuries occurring after January 1, 1991; provided, however, no claim may be asserted against the fund until the funding level has reached $1.5 million.

(2)  All participants shall be required to maintain surety bonds or the board of trustees may, in its discretion, accept any irrevocable letter of credit or other acceptable forms of security in the amount of no less than $100,000.00 until the board, after consultation with the board of trustees, has determined that the financial capability of the trust fund and the participant no longer warrants any form of security.

(c)  A participant who ceases to be a self-insurer shall be liable for any and all assessments made pursuant to this Code section as long as indemnity compensation is paid for claims which originated when the participant was a self-insurer.  Assessments of such a participant shall be based on the indemnity benefits paid by the participant during the previous calendar year.

(d)  Upon refusal to pay assessments, penalties, or fines to the fund when due, the fund may treat the self-insurer as being in noncompliance with this chapter and the self-insurer shall be subject to revocation of its board authorization to self-insure.

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