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Texas Labor Code - Chapter 407A Group Self-Insurance CoverageLegal Research Home > Texas Lawyer > Labor Code > Texas Labor Code - Chapter 407A Group Self-Insurance Coverage (a) In this chapter: (1) "Administrator" means an individual, partnership, or corporation engaged by the board of trustees of a group to implement the policies ... (a) An unincorporated association or business trust composed of five or more private employers may establish a workers' compensation self-insurance group under this chapter if ... (a) Subject to the approval of the commissioner, a group may merge with another group engaged in the same or a similar type of business ... A group issued a certificate of approval by the commissioner under this chapter is not: (1) an insurer based on that certificate; and (2) subject ... An association of employers may not act as a workers' compensation self-insurance group unless it has been issued a certificate of approval by the commissioner ... (a) Each group shall be deemed to have appointed the commissioner as its attorney to receive service of legal process issued against the group in ... A hearing required under this chapter shall be conducted by the State Office of Administrative Hearings in the manner provided for a contested case under ... The commissioner shall adopt rules as necessary to implement this chapter. Added by Acts 2003, 78th Leg., ch. 275, § 1, eff. Sept. 1, 2003. ... (a) An association of employers that proposes to organize as a workers' compensation self-insurance group shall file with the department an application for a certificate ... (a) The commissioner shall issue a certificate of approval to a proposed group on finding that the group has met the requirements of this subchapter. ... (a) To obtain a certificate of approval, each group shall comply with the financial requirements adopted under this section. (b) The combined net worth of ... (a) To obtain an initial certificate of approval and to be eligible to renew its certificate of approval, each group must comply with the excess ... Each group must have an estimated premium subject to experience modifier of at least $250,000 during the group's first year of operation. Thereafter, the annual ... (a) An indemnity agreement filed under Section 407A.051 must jointly and severally bind the group and each employer who is a member of the group ... (a) In addition to the requirements under Section 407A.051, the commissioner may require a service company providing claim services to furnish a performance bond of ... (a) A certificate of approval remains in effect until terminated at the request of the group or revoked by the commissioner. (b) The commissioner may ... (a) Each group shall be operated by a board of trustees composed of at least five persons whom the members of the group elect for ... The board of trustees shall: (1) maintain minutes of its meetings and make the minutes available to the commissioner; (2) designate an administrator and delineate ... The board of trustees may not: (1) extend credit to individual members for payment of a premium, except under payment plans approved by the commissioner; ... The board of trustees shall maintain responsibility for all money collected or disbursed from the group. Added by Acts 2003, 78th Leg., ch. 275, § ... (a) An employer who joins an approved workers' compensation self-insurance group shall: (1) submit an application for membership to the board of trustees or its ... (a) Each group shall submit to the commissioner financial statements audited by an independent certified public accountant on or before the last day of the ... (a) The commissioner shall examine the financial condition of each group to determine the group's ability to meet the group's obligations under this subtitle. An ... (a) Each group shall pay a self-insurance group maintenance tax under this section for: (1) the administration of the division of workers' compensation of the ... (a) Subject to Subsection (b), each group shall pay the maintenance tax imposed under Chapter 255, Insurance Code, for the administrative costs incurred by the ... (a) The group shall remit the taxes for deposit in the Texas Department of Insurance operating account to the credit of the division. (b) A ... (a) Each group shall pay to the comptroller a premium tax on gross premiums for the group's retention. The premium tax assessed under this subsection ... (a) Except as provided by Subsection (b), each group shall use the uniform classification system, experience rating plan, and rate relativities of the department. (b) ... Each member of a group shall be audited annually by the administrator or by an auditor acceptable to the commissioner to verify proper classifications, experience ... (a) The board of trustees may declare refundable any money for a fund year in excess of the amount necessary to fund all obligations. (b) ... (a) Until the assets of a group reach a level sufficient to cover the group's liabilities, each group shall establish to the satisfaction of the ... (a) For purposes of this section, "insolvent" means: (1) the inability of a group to pay the group's outstanding lawful obligations as they mature in ... In connection with the solicitation of membership in a group, a person may not make an untrue statement of a material fact, or omit to ... After notice and an opportunity for a hearing, the commissioner may impose a fine on any person or group found to be in violation of ... (a) After notice and an opportunity for a hearing, the commissioner may issue an order requiring a person or group to cease and desist from ... (a) After notice and an opportunity for a hearing, the commissioner may revoke a group's certificate of approval if the group: (1) is found to ... In this subchapter: (1) "Board" means the board of directors of the guaranty fund. (2) "Guaranty fund" means the Texas self-insurance group guaranty fund. (3) ... (a) The Texas self-insurance group guaranty fund is a nonprofit association established to provide for the payment of workers' compensation insurance benefits for injured employees ... (a) The guaranty fund is managed by a board of directors. (b) The board is composed of the following voting members: (1) three members elected ... A board member or a member of the staff of the board is not liable in a civil action for an act performed in good ... (a) The board shall: (1) create and maintain a trust fund for payment of the workers' compensation liabilities of an insolvent group; (2) hire staff ... (a) The board shall adopt a plan of operation governing the board's activities and the operation of the guaranty fund and the trust fund. (b) ... (a) Each group shall contribute an amount, based on the total amount of income benefit payments made in this state for the preceding reported calendar ... (a) On determining that a group has become insolvent, the commissioner shall secure release of the surety bond or security deposit required under Section 407A.053 ... (a) Each member of an insolvent group shall pay the amount of its assessment under this chapter to the commissioner not later than the 30th ... (a) If the commissioner determines that the payment of benefits and claims administration shall be made through the guaranty fund, the guaranty fund assumes the ... On the assumption of obligations on behalf of an insolvent group by the guaranty fund under the commissioner's determination, the guaranty fund is entitled to ... If the guaranty fund has assumed compensation obligations on behalf of an insolvent group, information on a workers' compensation claim may be released to the ... (a) The guaranty fund is a party in interest in a proceeding involving a workers' compensation claim against an insolvent group whose compensation obligations have ... (a) Benefit payments made by the guaranty fund under this subchapter are entitled to the same preference over other debts of the insolvent group as ... Last modified: August 10, 2007 |