Subdivision 1. Withdrawal. Any group self-insurer that is a member of the self-insurers' security fund established under section 79A.09, may elect to withdraw from that fund and become a member of the commercial self-insurance group security fund established under section 79A.26. The transferring group shall be subject to the provisions and requirements of sections 79A.19 to 79A.32 as of the date of transfer. Additional security may be required pursuant to section 79A.24. Group self-insurers electing to transfer to the commercial self-insurance group fund shall not be subject to the provisions of section 79A.06, subdivision 5, including, but not limited to, assessments by the self-insurers' security fund. Notice of transfer must be filed by November 1 for all transfers that must be effective at midnight on December 31.
Subd. 2. Transfer; notice to commissioner. A group self-insurer shall provide to the commissioner written notice of its intent to transfer membership to the commercial self-insurance group security fund. The notice shall be sent at least 30 days prior to the date the group self-insurer requests membership in the commercial self-insurance group security fund.
Subd. 3. Transfer of potential and contingent liabilities. Upon transfer pursuant to subdivision 1, the commercial self-insurance group security fund shall assume all of the past, present, and future potential and contingent workers' compensation liabilities of the transferring group in the event of any bankruptcy or insolvency of that group or its failure to meet its obligations under this chapter and chapter 176.
Subd. 4. Election. A group self-insurer established after August 1, 1995, may elect to become a member of either the self-insurers' security fund or the commercial self-insurance group security fund. However, once the election is made, a group may not transfer to the other security fund.
1995 c 231 art 2 s 40; 1996 c 305 art 1 s 26; 1998 c 339 s 11
Structure Minnesota Statutes
Chapters 59A - 79A — Insurance
Chapter 79A — Workers' Compensation Self-insurance
Section 79A.02 — Self-insurers' Advisory Committee.
Section 79A.03 — Self-insurance Applications.
Section 79A.05 — Revocation Of Certificate To Self-insure.
Section 79A.06 — Third-party Administrator.
Section 79A.07 — Preferred Subrogation Rights Of Self-insurers' Security Fund Or Surety.
Section 79A.071 — Custodial Accounts.
Section 79A.08 — Legislative Intent.
Section 79A.09 — Security Fund.
Section 79A.10 — Assumption Of Workers' Compensation Obligations Of Insolvent Self-insurer.
Section 79A.11 — Reimbursement For Obligations Paid And Assumed.
Section 79A.13 — Audit; Annual Report.
Section 79A.14 — Letter Of Credit Form.
Section 79A.15 — Surety Bond Form.
Section 79A.16 — Open Meeting; Administrative Procedure Act.
Section 79A.18 — Existing Rules.
Section 79A.19 — Commercial Self-insurance Groups; Definitions.
Section 79A.20 — Eligibility Requirements For Commercial Self-insurance Groups.
Section 79A.21 — Commercial Self-insurance Group Application.
Section 79A.22 — Commercial Self-insurance Group Operating Requirements.
Section 79A.23 — Commercial Self-insurance Group Reporting Requirements.
Section 79A.24 — Commercial Self-insurance Group Security Deposit.
Section 79A.25 — Default Of A Commercial Self-insurance Group.
Section 79A.26 — Commercial Self-insurance Group Security Fund.
Section 79A.27 — Indemnity Agreement Form.
Section 79A.28 — Open Meeting; Administrative Procedure Act.
Section 79A.30 — Governing Law.
Section 79A.32 — Reporting To Licensed Data Service Organizations.