The balance remaining in the fund shall be the numerator and shall be divided by the total amount of assessments for workers’ compensation coverage paid by all insurers and self-insurers during the three-year period, which shall be the denominator. The quotient of the numerator and denominator shall be multiplied by the total amount of assessments that are paid by the individual insurer or self-insurer during the three-year period. The product of those numbers shall represent the amount to be paid to such insurer or self-insurer as its pro rata refund from the balance remaining in the fund.
History. Code 1933, § 114-910, enacted by Ga. L. 1977, p. 608, § 1; Ga. L. 1982, p. 3, § 34; Ga. L. 1995, p. 642, § 12; Ga. L. 2007, p. 268, § 1/SB 131; Ga. L. 2008, p. 349, § 1/HB 1186; Ga. L. 2015, p. 1079, § 6/HB 412.
The 2015 amendment, effective July 1, 2015, in subsection (b), substituted “On and after January 1, 2010, but prior to January 1, 2016,” for “On or after January 1, 2010,” at the beginning; added subsection (c); designated the former last sentence of subsection (b) as present subsection (d); and redesignated former subsections (c) through (f) as present subsections (e) through (h), respectively.
Editor’s notes.
Ga. L. 1995, p. 642, § 13, not codified by the General Assembly, provides for severability.
Ga. L. 2007, p. 268, § 2/SB 131, not codified by the General Assembly, provides that the amendment to this Code section is intended to authorize the Subsequent Injury Trust Fund to continue to make assessments against employers who were formerly self-insured and later obtained workers’ compensation coverage. It is not intended to authorize assessments for time periods prior to May 18, 2007.
Law reviews.
For annual survey of workers’ compensation, see 38 Mercer L. Rev. 431 (1986).
For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 280 (1995).
For annual survey of workers’ compensation, see 67 Mercer L. Rev. 287 (2015).
Structure Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers’ Compensation
Article 9 - Subsequent Injury Trust Fund
§ 34-9-350. Purpose and Construction of Article
§ 34-9-351.1. Exclusion From Eligibility for Reimbursement of Certain Self-Insured Employers
§ 34-9-352. Creation and Authority of Subsequent Injury Trust Fund; State Treasurer as Custodian
§ 34-9-353. Surety Bonds of Administrator and Custodian
§ 34-9-355. Appointment of Administrator; Administration of Article; Members of Retirement System
§ 34-9-358. Payment of Assessments to Fund by Insurers and Self-Insurers; Calculations
§ 34-9-359. Reports by Employers of Compensation and Benefits Paid; Failure to Pay Assessments
§ 34-9-361. Employer’s Knowledge of Employee’s Preexisting Permanent Impairment
§ 34-9-362. Notice by Employer or Insurer of Claim Against Fund; Request for a Hearing
§ 34-9-364. Apportionment or Denial of Reimbursement for Expenses Paid by Employer or Insurer
§ 34-9-365. Injuries to Which Article Is Applicable
§ 34-9-366. Binding of Fund to Questions Determined in Proceedings to Which It Was Not a Party
§ 34-9-367. Liability of Fund for Interest or Attorney’s Fees