H*2528 Session 104 (1981-1982)
H*2528(Rat #0307, Act #0286 of 1982) General Bill, By J.G. Felder,
T.W. Mitchell and J.H. Toal
Similar(S 308)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
42-7-200 so as to create the State Workmen's Compensation Insolvency Fund
within the office of the State Workmen's Compensation Fund to insure payment
of valid compensation payments to injured workers.
03/10/81 House Introduced and read first time HJ-1069
03/10/81 House Referred to Committee on Labor, Commerce and
Industry HJ-1069
01/12/82 House Committee report: Favorable Labor, Commerce and
Industry HJ-119
01/19/82 House Read second time HJ-222
01/20/82 House Read third time and sent to Senate HJ-257
01/20/82 Senate Introduced and read first time SJ-7
01/20/82 Senate Referred to Committee on Judiciary SJ-7
02/10/82 Senate Committee report: Favorable Judiciary SJ-16
02/11/82 Senate Read second time SJ-17
02/17/82 Senate Read third time and enrolled SJ-15
02/18/82 House Ratified R 307 HJ-956
02/24/82 Signed By Governor
02/24/82 Effective date 02/24/82
02/24/82 Act No. 286
03/02/82 Copies available
(A286, R307, H2528)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION
42-7-200 SO AS TO CREATE THE STATE WORKERS' COMPENSATION INSOLVENCY
FUND WITHIN
THE OFFICE OF THE STATE WORKERS' COMPENSATION FUND TO INSURE
PAYMENT OF VALID
COMPENSATION PAYMENTS TO INJURED WORKERS.
Be it enacted by the General Assembly of the State of South Carolina:
State Worker's Compensation Insolvency Fund
Section 1. The 1976 Code is amended by adding:
"Section 42-7-200. (a) There is established within the office of the State Workers'
Compensation Fund
the State Workers' Compensation Insolvency Fund to insure payment of awards of workers'
compensation
benefits which are unpaid because of the insolvency of employers who fail to acquire necessary
coverage for
employees. The fund shall be administered by the director of the state fund.
When any award is made by the Industrial Commission for workers' compensation benefits and
such claim or
any part thereof is not paid because of the insolvency of an employer who has not secured
coverage, payments
shall be made from the insolvency fund upon certified approval of the Industrial Commission. The
director of the
state fund shall establish procedures for the implementation of this section.
When any claimant is paid benefits from the insolvency fund the insolvency fund shall be
subrogated to all rights
of the claimant to the amount paid from the fund and the administrator of the fund shall institute
proceedings for
the collection of such funds against the party legally obligated for such payments.
(b) To establish and maintain the State Workers' Compensation Insolvency Fund there shall be
earmarked from
the collections of the tax on insurance carriers and self-insured persons provided for in Sections
42-5-140 and
42-5-190 an amount sufficient to establish and annually maintain the insolvency fund at a level of
not less than
two hundred thousand dollars."
Time effective
Section 2. This act shall take effect upon the approval by the Governor. |