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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.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.