1. There is hereby established in the State Treasury the Uninsured Employers’ Claim Account in the Fund for Workers’ Compensation and Safety, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616C.220 and 617.401 and subsection 2 of NRS 616C.473. The Administrator shall administer the Account and shall credit any excess money toward the assessments of the insurers for the succeeding years.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Administrator for the Uninsured Employers’ Claim Account must be delivered to the custody of the State Treasurer.
3. All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation.
4. The State Treasurer may disburse money from the Account only upon written order of the State Controller.
5. The State Treasurer shall invest money of the Account in the same manner and in the same securities in which the State Treasurer is authorized to invest money of the State General Fund. Income realized from the investment of the assets of the Account must be credited to the Account.
6. The Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount to be deposited in the Uninsured Employers’ Claim Account. To establish the amount of the assessment, the Administrator shall determine the amount of money necessary to maintain an appropriate balance in the Account for each fiscal year and shall allocate a portion of that amount to be payable by private carriers, a portion to be payable by self-insured employers, a portion to be payable by associations of self-insured public or private employers and a portion to be payable by the employers who provide accident benefits pursuant to NRS 616C.265, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable, the Administrator shall apply an assessment rate to the:
(a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;
(b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;
(c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and
(d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflects the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.
The Administrator shall adopt regulations for the establishment and administration of the assessment rates, payments and any penalties that the Administrator determines are necessary to carry out the provisions of this subsection. As used in this subsection, the term "group of insurers" includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.
7. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
(Added to NRS by 1981, 1455; A 1991, 208; 1993, 1869, 2804; 1995, 625; 1997, 127; 2001, 2447, 2755; 2005, 1315; 2019, 3436)
Structure Nevada Revised Statutes
Chapter 616A - Industrial Insurance: Administration
NRS 616A.021 - Limitation of actions upon repeal or invalidity.
NRS 616A.022 - Applicability of Nevada Insurance Code.
NRS 616A.030 - "Accident" defined.
NRS 616A.035 - "Accident benefits" defined.
NRS 616A.040 - "Administrator" defined.
NRS 616A.045 - "Advisory organization" defined.
NRS 616A.047 - "Appeals Panel" defined.
NRS 616A.050 - "Association of self-insured private employers" defined.
NRS 616A.055 - "Association of self-insured public employers" defined.
NRS 616A.060 - "Association’s administrator" defined.
NRS 616A.065 - "Average monthly wage" defined.
NRS 616A.070 - "Benefit penalty" defined.
NRS 616A.075 - "Casual" defined.
NRS 616A.077 - "Catastrophic injury" defined.
NRS 616A.080 - "Certified vocational rehabilitation counselor" defined.
NRS 616A.085 - "Commissioner" defined.
NRS 616A.090 - "Compensation" defined.
NRS 616A.092 - "Consolidated insurance program" defined.
NRS 616A.093 - "Contractor-controlled insurance program" defined.
NRS 616A.095 - "Damages" defined.
NRS 616A.100 - "Division" defined.
NRS 616A.105 - "Employee" and "worker" defined.
NRS 616A.110 - "Employee": Persons excluded.
NRS 616A.115 - "Employee": Lessees engaged in mining or operating a reduction plant.
NRS 616A.130 - "Employee": Volunteer workers in program for public service.
NRS 616A.140 - "Employee": Members of Nevada Wing of Civil Air Patrol.
NRS 616A.145 - "Employee": Volunteer firefighters.
NRS 616A.150 - "Employee": Paid firefighter performing voluntary off-duty services as firefighter.
NRS 616A.155 - "Employee": Persons rendering voluntary ambulance service.
NRS 616A.157 - "Employee": Volunteer members of search and rescue organization.
NRS 616A.165 - "Employee": Trustees of school districts.
NRS 616A.170 - "Employee": Junior traffic patrols.
NRS 616A.175 - "Employee": Person vending or delivering newspaper or magazine.
NRS 616A.180 - "Employee": Members of county advisory boards to manage wildlife.
NRS 616A.185 - "Employee": Members of Nevada Legislature.
NRS 616A.195 - "Employee": Persons ordered by court to perform community service.
NRS 616A.207 - "Employee": Volunteer health practitioners.
NRS 616A.210 - "Employee": Subcontractors and employees.
NRS 616A.215 - "Employee": Apprentices and trainees.
NRS 616A.220 - "Employee": Real estate licensees.
NRS 616A.225 - "Employee": Persons participating in federally approved training programs.
NRS 616A.230 - "Employer" defined.
NRS 616A.240 - "Foot" defined.
NRS 616A.245 - "Hand" defined.
NRS 616A.250 - "Incarcerated" defined.
NRS 616A.255 - "Independent contractor" defined.
NRS 616A.257 - "Independent review organization" defined.
NRS 616A.260 - "Industrial insurance" defined.
NRS 616A.265 - "Injury" and "personal injury" defined.
NRS 616A.270 - "Insurer" defined.
NRS 616A.273 - "Medical facility" defined.
NRS 616A.280 - "Organization for managed care" defined.
NRS 616A.282 - "Owner-controlled insurance program" defined.
NRS 616A.283 - "Police officer" defined.
NRS 616A.284 - "Policy year" defined.
NRS 616A.285 - "Principal contractor" defined.
NRS 616A.290 - "Private carrier" defined.
NRS 616A.295 - "Private employer" defined.
NRS 616A.300 - "Public employer" defined.
NRS 616A.305 - "Self-insured employer" defined.
NRS 616A.310 - "Sole proprietor" defined.
NRS 616A.315 - "Solicitor" defined.
NRS 616A.317 - "State Industrial Insurance System" defined.
NRS 616A.320 - "Subcontractors" defined.
NRS 616A.330 - "Tangible net worth" defined.
NRS 616A.335 - "Third-party administrator" defined.
NRS 616A.340 - "Total disability" defined.
NRS 616A.345 - "Trade association" defined.
NRS 616A.350 - "Trade, business, profession or occupation of his or her employer" defined.
NRS 616A.355 - "Utilization review" defined.
NRS 616A.360 - "Vocational rehabilitation services" defined.
NRS 616A.400 - Duties of Administrator: Regulations.
NRS 616A.425 - Fund for Workers’ Compensation and Safety.
NRS 616A.430 - Uninsured Employers’ Claim Account.
NRS 616A.435 - Office created; appointment; term; qualifications; duties limited.
NRS 616A.440 - Employment of Deputy and staff; qualifications of Deputy.
NRS 616A.445 - Offices; budget.
NRS 616A.455 - Powers and duties.
NRS 616A.480 - Required execution of blank forms by employer; penalty for noncompliance.
NRS 616A.485 - Employer’s records open to inspection.
NRS 616A.490 - Employer to post notice identifying industrial insurer; contents of notice.
NRS 616A.495 - Employer to make available evidence of coverage; penalty for noncompliance.