Okla. Stat. tit. 85A, § 85A-98
This is the official text of Okla. Stat. tit. 85A, § 85A-98, part of Oklahoma’s Stat. tit. 85A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 85A,." Browse the sections below, each linked to its official government source.
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Funds to be transferred to Self-insurance Guaranty Fund
Official statutory text
The Self-insurance Guaranty Fund shall be derived from the
following sources:
1. Any unexpended funds, including interest thereon, held by
the State Treasurer in the Workers' Compensation Self-insurance
Guaranty Fund transferred to the Self-insurance Guaranty Fund as
provided in Section 124 of this title;
2. In the event the net fund balance falls below Seven Hundred
Fifty Thousand Dollars ($750,000.00), the Workers' Compensation
Commission shall make an assessment against each private self-
insurer and group self-insurance association based on an assessment
rate to be determined by the commissioners, not exceeding two
percent (2%) per annum of actual paid losses of the self-insurer
during the preceding calendar year, payable to the Tax Commission
for deposit to the fund. The assessment against private self-
insurers shall be determined using a rate equal to the proportion
that the deficiency in the fund attributable to private self-
insurers bears to the actual paid losses of all private self-
insurers for the year period of January 1 through December 31
preceding the assessment. The assessment against group self-
insurance associations shall be determined using a rate equal to the
proportion that the deficiency in excess of the surplus of the Group
Self-Insurance Association Guaranty Fund at the date of the transfer
attributable to group self-insurance associations bears to the
actual paid losses of all group self-insurance associations
cumulatively for any calendar year preceding the assessment. Each
Oklahoma Statutes - Title 85A. Workers' Compensation Page 116
self-insurer shall provide the Workers' Compensation Commission with
such information as the Commission may determine is necessary to
effectuate the purposes of this paragraph. For purposes of this
paragraph, "actual paid losses" means all medical and indemnity
payments, including temporary disability, permanent disability, and
death benefits, and excluding loss adjustment expenses and reserves.
a. The assessment shall be paid within thirty (30)
calendar days after the date the commissioners notify
the self-insurer of the assessment.
b. A private employer or group self-insurance association
which ceases to be a self-insurer shall remain liable
for any and all assessments of the self-insurer as
provided in this paragraph based on actual paid losses
for the calendar year period preceding the assessment.
c. Failure of a self-insurer to pay, or timely pay, an
assessment required by this paragraph, or to report
payment of the same to the Commission within ten (10)
days of payment, shall be grounds for revocation by
the Commission of the self-insurer's permit to self-
insure in this state, after notice and hearing. A
former self-insurer failing to make payments required
by this paragraph promptly and correctly, or failing
to report payment of the same to the Commission within
ten (10) days of payment, shall be subject to
administrative penalties as allowed by law, including
but not limited to, a fine in the amount of Five
Hundred Dollars ($500.00) or an amount equal to one
percent (1%) of the unpaid amount, whichever is
greater, to be paid and deposited to the credit of the
Workers' Compensation Commission Revolving Fund
created in Section 28.1 of this title. It shall be
the duty of the Tax Commission to collect the
assessment provided for in this paragraph. The Tax
Commission is authorized to bring an action for
recovery of any delinquent or unpaid assessments, and
may enforce payment of the assessment by proceeding in
accordance with Section 79 of this title.
d. An impaired self-insurer shall be exempt from
assessments beginning on the date of the Commission's
designation until the Commission determines the self-
insurer is no longer impaired;
3. Any interest accruing on monies paid into the fund; and
4. Monies transferred pursuant to Section 99 of this title.
following sources:
1. Any unexpended funds, including interest thereon, held by
the State Treasurer in the Workers' Compensation Self-insurance
Guaranty Fund transferred to the Self-insurance Guaranty Fund as
provided in Section 124 of this title;
2. In the event the net fund balance falls below Seven Hundred
Fifty Thousand Dollars ($750,000.00), the Workers' Compensation
Commission shall make an assessment against each private self-
insurer and group self-insurance association based on an assessment
rate to be determined by the commissioners, not exceeding two
percent (2%) per annum of actual paid losses of the self-insurer
during the preceding calendar year, payable to the Tax Commission
for deposit to the fund. The assessment against private self-
insurers shall be determined using a rate equal to the proportion
that the deficiency in the fund attributable to private self-
insurers bears to the actual paid losses of all private self-
insurers for the year period of January 1 through December 31
preceding the assessment. The assessment against group self-
insurance associations shall be determined using a rate equal to the
proportion that the deficiency in excess of the surplus of the Group
Self-Insurance Association Guaranty Fund at the date of the transfer
attributable to group self-insurance associations bears to the
actual paid losses of all group self-insurance associations
cumulatively for any calendar year preceding the assessment. Each
Oklahoma Statutes - Title 85A. Workers' Compensation Page 116
self-insurer shall provide the Workers' Compensation Commission with
such information as the Commission may determine is necessary to
effectuate the purposes of this paragraph. For purposes of this
paragraph, "actual paid losses" means all medical and indemnity
payments, including temporary disability, permanent disability, and
death benefits, and excluding loss adjustment expenses and reserves.
a. The assessment shall be paid within thirty (30)
calendar days after the date the commissioners notify
the self-insurer of the assessment.
b. A private employer or group self-insurance association
which ceases to be a self-insurer shall remain liable
for any and all assessments of the self-insurer as
provided in this paragraph based on actual paid losses
for the calendar year period preceding the assessment.
c. Failure of a self-insurer to pay, or timely pay, an
assessment required by this paragraph, or to report
payment of the same to the Commission within ten (10)
days of payment, shall be grounds for revocation by
the Commission of the self-insurer's permit to self-
insure in this state, after notice and hearing. A
former self-insurer failing to make payments required
by this paragraph promptly and correctly, or failing
to report payment of the same to the Commission within
ten (10) days of payment, shall be subject to
administrative penalties as allowed by law, including
but not limited to, a fine in the amount of Five
Hundred Dollars ($500.00) or an amount equal to one
percent (1%) of the unpaid amount, whichever is
greater, to be paid and deposited to the credit of the
Workers' Compensation Commission Revolving Fund
created in Section 28.1 of this title. It shall be
the duty of the Tax Commission to collect the
assessment provided for in this paragraph. The Tax
Commission is authorized to bring an action for
recovery of any delinquent or unpaid assessments, and
may enforce payment of the assessment by proceeding in
accordance with Section 79 of this title.
d. An impaired self-insurer shall be exempt from
assessments beginning on the date of the Commission's
designation until the Commission determines the self-
insurer is no longer impaired;
3. Any interest accruing on monies paid into the fund; and
4. Monies transferred pursuant to Section 99 of this title.
Status: in_force · Read it on the official government site
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