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H. 3074
STATUS INFORMATION
General Bill
Sponsors: Rep. Scott
Document Path: l:\council\bills\dka\3005dw07.doc
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: State accident fund
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/13/2006 House Prefiled
12/13/2006 House Referred to Committee on Labor, Commerce and Industry
1/9/2007 House Introduced and read first time HJ-48
1/9/2007 House Referred to Committee on Labor, Commerce and Industry
HJ-49
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 42-7-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF STATE AGENCIES TO PAY WORKERS' COMPENSATION PREMIUMS TO THE STATE ACCIDENT FUND, SO AS TO DELETE THE REQUIREMENT THAT THE ADJUTANT GENERAL'S OFFICE MUST PAY TO THE STATE ACCIDENT FUND PREMIUMS BASED ON THE ACTUAL WORKERS' COMPENSATION BENEFITS PAID DURING THE PRIOR PREMIUM YEAR ON STATE GUARD MEMBERS, WHICH RESULTS IN THE ADJUTANT GENERAL BEING PERMITTED TO PAY TO THE STATE ACCIDENT FUND PREMIUMS TO INSURE STATE GUARD MEMBERS THROUGH AN INSURANCE POLICY ISSUED BY AN INSURANCE CARRIER, WHICH ELIMINATES THE STATE GUARD'S SELF-INSURED STATUS UNDER STATE WORKERS' COMPENSATION LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-7-75 of the 1976 Code, as last amended by Act 181 of 1993 is further amended to read:
"Section 42-7-75. (A) All state agencies shall pay workers' compensation premiums according to Section 42-7-70, as determined by the State Accident Fund. Calculation of premiums for the Adjutant General's Office must exclude losses arising out of service as a member of the South Carolina State and National Guard. In lieu Instead of premiums for those losses the Adjutant General shall pay pays, at the beginning of each premium year, the an amount estimated by the fund to be required to cover actual workers' compensation benefits to National Guard members during the premium year. If the amount actually paid as benefits differs from the estimated pay out advanced under pursuant to this paragraph subsection, the difference must be debited or credited to the Adjutant General's account in the same manner that an actual adjusted premium is handled.
(B) The State Treasurer and the Comptroller General shall pay from the general fund of the State to the State Accident Fund any necessary funds to cover actual benefit claims paid during any fiscal year, which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State Accident Fund shall certify quarterly to the Budget and Control Board the state's liability for the benefit claims actually paid to claimants who are employees of any agency or political subdivision of this State and who are entitled to such this payment under provided by state law. The amount certified must be remitted to the State Accident Fund.
(C) If there are not sufficient funds in the State Accident Fund Trust Account to pay operating expenses and claims as they arise, the State Treasurer shall, from the general fund of the State, shall deposit in the account monthly sufficient funds to pay expenses and claims required by law to be paid, but the amount deposited may not exceed the amount of investment income which the account would have earned from its inception if all such earnings had been credited to the fund."
SECTION 2. This act takes effect upon approval by the Governor.
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