Title 34

(a) Whenever an employer has complied with those provisions of Code Section 34-9-121 relating to self-insurance, the board shall issue to such employer a certificate which shall remain in force for a period fixed by the board. (b) The board shall have the authority to review the …

The board and its authorized representatives shall have the power and authority to enter any place of employment and to inspect the same, together with all employment, payroll, and injury records at any reasonable time for the purpose of investigating compliance with this chapter…

Every insurance company doing a workers’ compensation business in this state shall furnish a bond payable to the state in the sum of $50,000.00 with some surety company authorized to transact business in this state as surety, in such form as may be approved by the Commissioner of…

In addition to the authority prescribed in Title 33, the Commissioner of Insurance shall have the power, in such manner and by such means as he may deem proper and adequate, to gather statistics and information and make investigations concerning rates for such insurance. He may t…

(a) Notwithstanding any other provision of law, all insurers issuing policies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer’s basic rate for policies or contracts of insurance against t…

(a) Every insurance company and every person, firm, or corporation writing policies of insurance under this chapter or insuring the payment of compensation to employees as provided by this chapter, before writing any such policy or entering upon any such insurance contract or con…

The board is authorized, of its own motion or upon complaint filed with it, after notice of not less than ten days and a hearing thereon, to revoke any permit granted under Code Section 34-9-131 if an employer is ready, willing, and able to pay a premium at the rate prescribed by…

(a) The board shall prescribe the rules and regulations for apportioning rejected workers’ compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Commissioner of Insurance is authorized to establish or …

Appeal from any decision under Code Sections 34-9-122 and 34-9-131 through 34-9-133 may be made in the manner provided elsewhere for appeals from orders or judgments of the members of the board. (Code 1933, § 114-610, enacted by Ga. L. 1935, p. 146, § 1.)

(a) Before an insurance company is authorized to submit statistical data on an employer to any licensed rating organization for purposes of determining the employer’s experience modification factor, the insurance company must verify with the employer the accuracy of the data. In …

Whenever an experience modification factor is applied to the premium of an employer’s policy of workers’ compensation insurance, consideration shall be given to: (1) Any amounts recovered by such employer or its insurer pursuant to Code Section 34-9-11.1, relating to rights of ac…

of 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 204 (1994). employer’s experience while Any insurance company which voluntarily writes a policy for any employer which was self-insured under any provision of this chapter shall include such employer’s prior experie…

It is the intent of the General Assembly to provide an alternative mechanism through which bona fide members of trade associations and professional associations as well as groups of municipalities, counties, school boards, and hospital authorities may extend workers’ compensation…

As used in this article, the term: (1) ‘‘Administrator’’ means any individual, partnership, or corporation, except a sponsoring association or associations, designated and authorized by the board of the fund to carry out the day-to-day operations of the fund, including, but not l…

(a) Any group or groups of employers who are engaged in similar business activities may establish a fund or funds provided that: (1) Such fund or funds shall comply with the provisions of this article; (2) Separate classes, as described in Code Section 34-9-152, may not be commin…

(a) At least 30 days prior to executing the initial intrastate agreement required by this article, any group authorized to form a fund under this article shall file with the Commissioner an intent to form a fund on such form as prescribed by the Commissioner. Such form shall incl…

(a) Any group of municipalities, counties, school boards, or hospital authorities or any trade association or professional association or any other group authorized by this article may enter into an intrastate agreement for the purpose of extending workers’ compensation benefits …

(a) The Commissioner shall examine the application made under Code Section 34-9-152 to determine whether the fund will be able to comply with the laws of this state and whether membership in the fund will enable the members of the fund to meet their liability for workers’ compens…

The participation by a member in a fund created pursuant to this article shall enable it to comply with its duty as an employer to assure payment of workers’ compensation in accordance with this chapter. (Code 1933, § 114-605a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p…

(a) Any other provision of law to the contrary notwithstanding, no person other than a trustee, officer, or administrator of the fund shall solicit membership or participation in any fund unless such person: (1) Has a valid agent’s license for property and casualty insurance or a…

(a) A member may elect to terminate voluntarily its participation in a fund by giving at least 90 days’ advance written notice to the fund and to the Commissioner, unless the fund elects to meet the requirements of subsection (e) of this Code section. Such voluntary termination s…

Each fund created pursuant to this article shall be operated by a board of trustees chosen by the mutual agreement of the participating members of such fund in accordance with this article and with the bylaws of the fund. The appointment of any trustee shall be subject to the app…

The board of the fund shall have the following specific powers, together with such other powers granted elsewhere in this article as may be necessary or incidental to effectuate the purposes of this article: (1) To invest and reinvest funds held by it in accordance with Code Sect…

On or before March 1 in each year after it shall have commenced to do business pursuant to a certificate of authority, every fund shall make and file with the Commissioner a report of its affairs and operations during the last preceding calendar year. This annual report shall be …

In determining the financial condition and solvency of a fund and the financial capacity of a fund to pay workers’ compensation obligations promptly and otherwise to meet its obligations under this chapter, the Commissioner shall take into consideration the following: (1) The sec…

(a)(1) Each fund shall maintain a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 in the amount of $200,000.00, which amount equates to the deposits required of a domestic insurance company pursuant t…

(a) A fund formed pursuant to this article shall possess and thereafter maintain a minimum surplus of not less than $200,000.00. (b) Any fund established prior to July 1, 1995, which has satisfied the surplus requirement of this Code section by utilization of a surety bond shall …

(a) Except as otherwise specifically provided for in this article, the investable assets of a fund shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty i…

(a) Each member shall pay into the fund its share of the fund’s projected obligation for workers’ compensation liability, administrative expenses, and other costs incurred by the fund as may be determined by the board of the fund or by the fund’s administrator and approved by the…

(a) If a fund contracts with an administrator which is not an employee of the fund, the fund and the administrator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with this Code section. The agreement shall set f…

Any trustee, officer, or administrator of a fund who receives, collects, disburses, or invests moneys in connection with the activities of the fund shall be responsible for such moneys in a fiduciary capacity. (Code 1933, § 114-623a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1…

(a) The Commissioner shall require each administrator to have and maintain a fidelity bond pursuant to Code Section 33-23-102. (b) Errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulation…

If the Commissioner finds that any fund or its administrator (1) has failed to comply with any provision of this article, (2) is fraudulently operated, (3) is in such condition as to render further fund operations hazardous to the public interest or to the interests of the fund’s…

(a) The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any fund when and if, after investigation, he finds that: (1) Any certificate of authority issued to the fund was obtained by fraud; (2) There was any material misrepresentation …

Funds organized and operating pursuant to this article shall be exempt from state and local premium taxes. (Code 1933, § 114-627a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1; Ga. L. 1990, p. 997, § 4.)

(a) The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33, except that each fund shall be examined at least once …

(a) If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this article, it shall forthwith make up the deficiency or levy an assessment upon its …

The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this article. (Code 1933, § 114-629a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)

Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this article may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedu…

Except as otherwise provided in this article, service of process and venue shall be governed by the applicable provisions of Titles 9 and 14. (Code 1933, § 114-631a, enacted by Ga. L. 1980, p. 1686, § 1; Ga. L. 1981, p. 1759, § 1.)

Notwithstanding any provisions of this article which might be construed to the contrary, no fund shall be considered an insurer for the purposes of Title 33 except for the limited purposes specified in this article; and, specifically, no fund shall be considered to be an insurer …

Nothing in this article shall be construed to apply to employers who elect to self-insure individually for workers’ compensation pursuant to Code Section 34-9-121 and the rules of the State Board of Workers’ Compensation or pursuant to any reciprocal agreements or contracts of in…

Chapter 6 of Title 33 shall apply to ‘‘funds,’’ as defined in this article; and, for the purpose of determining whether a violation of that chapter has occurred, a member and its employees shall be deemed to be ‘‘insureds’’ or ‘‘policyholders,’’ as used in the above-mentioned cha…

(a) An officer, trustee, administrator, member of any committee, or employee of a fund who is charged with the duty of investing or handling the fund’s assets shall not deposit or invest such assets except in the name of the fund; shall not borrow the assets of such fund; shall n…

(a) The Commissioner may, after a hearing, impose upon a fund an administrative fine if he finds that the fund, through the acts of its officers, employees, agents, or representatives, has with such frequency as to indicate its general business practice within this state: (1) Ref…

Except where otherwise specified in this article, funds established pursuant to this article shall have until July 1, 1998, to comply with the requirements of this article. (Code 1981, § 34-9-182, enacted by Ga. L. 1995, p. 1201, § 16.) ARTICLE 6 PAYMENT OF COMPENSATION