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Bill Number: 549 Ratification Number: 301 Act Number 295 Introducing Body: Senate Subject: Second Injury Fund
(A295, R301, S549)
AN ACT TO AMEND SECTION 42-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, PURPOSE, ADMINISTRATION, FUNDING, AND STAFF OF THE SECOND INJURY FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY ASSESSMENT UNDER THIS SECTION CONSTITUTES A PERSONAL DEBT OF EVERY EMPLOYER OR INSURANCE CARRIER SO ASSESSED AND IS DUE AND PAYABLE TO THE SECOND INJURY FUND WHEN PAYMENT IS CALLED FOR BY THE FUND, THAT A PENALTY MAY BE ASSESSED UNDER CERTAIN CONDITIONS, AND THAT THE DIRECTOR OF THE SECOND INJURY FUND MAY FILE A COMPLAINT FOR COLLECTION UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
Second Injury Fund; funding, assessment, personal debt, etc.
SECTION 1. Section 42-7-310(d) of the 1976 Code is amended to read: "(d) The funding of the Second Injury Fund on a continuing basis is by: (1) deposits to the account of the fund by the State Treasurer of those monies authorized to be paid to the Workers' Compensation Commission under Section 42-9-140 and (2) equitable assessments upon each carrier which, as used in this section, includes all insurance carriers, self-insurers, and the State Workers' Compensation Fund. Each carrier shall, under regulations prescribed by the Workers' Compensation Commission, make payments to the fund in an amount equal to that proportion of one hundred seventy-five percent of the total disbursement made from the fund during the preceding fiscal year less the amount of net assets in the fund as of June thirtieth of the preceding fiscal year which the total benefits paid by such carrier bore to the total benefits paid by all carriers during the preceding calendar year. An employer who has ceased to be a self-insurer shall continue to be liable for any assessments into the fund on account of any benefits paid by him during such calendar year. Any assessment levied or established in accordance with this section constitutes a personal debt of every employer or insurance carrier so assessed and is due and payable to the Second Injury Fund when payment is called for by the fund. In the event of failure to pay any assessment upon the date determined by the fund, the employer or insurance carrier may immediately be assessed a penalty in an amount not exceeding ten percent of the unpaid assessment. If the employer or insurance carrier fails to pay the assessment and penalty within thirty days, the director may file a complaint for collection against the employer or insurance carrier in a court of competent jurisdiction for the assessment, penalty, and interest at the legal rate, and the employer/carrier is responsible for attorney's fees and costs. The penalty and interest under this subsection are payable to the Second Injury Fund. At the time of the filing of the complaint, the fund shall also notify the South Carolina Insurance Commission and the South Carolina Workers' Compensation Commission, and these commissions shall take the appropriate legal and administrative action immediately."
SECTION 2. This act takes effect upon approval by the Governor.