South Dakota Codified Laws
Chapter 20 - Workers' Compensation Insurance
Section 58-20-25 - Terms as used in §§ 58-20-25 to 58-20-40.

58-20-25. Terms as used in §§58-20-25 to 58-20-40.
Terms used in §§58-20-25 to 58-20-40, inclusive, mean:
(1)"Administrator," a person, partnership, limited liability company, or corporation engaged by a workers' compensation self-insurance association to carry out the policies established by the association and to provide management for the association;
(2)"Association," a not-for-profit workers' compensation self-insurance association consisting of two or more employers which are electric utilities, or an electric utility trade association, which enter into agreements to pool their liabilities for workers' compensation benefits in this state;
(3)"Certificate," a workers' compensation self-insurance certificate issued by the department in accordance with §§58-20-25 to 58-20-40, inclusive;
(4)"Department," the South Dakota Department of Labor and Regulation;
(5)"Insolvency," the inability of an association to pay its outstanding lawful obligations as they mature in the regular course of business, as may be shown either by an excess of its required reserves and other liabilities over its assets, or by its not having sufficient assets to reinsure all of its outstanding liabilities after paying all accrued claims owed by it; and
(6)"Workers' compensation liability," liability to which an electric utility company is subject as an employer under the South Dakota workers' compensation law.

Source: SL 1995, ch 282, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 58 - Insurance

Chapter 20 - Workers' Compensation Insurance

Section 58-20-1 - Definition of terms.

Section 58-20-2 - Policies subject to chapter.

Section 58-20-3 - Issuance of policies covering employers as well as employees--Wage values of employers--Rights and remedies of employers.

Section 58-20-3.1 - Premiums based on certain wages prohibited.

Section 58-20-4 - Separate coverage of workers' compensation liabilities.

Section 58-20-5 - Entire liability of employer to employees covered by policy--Separate policy for specified plant or work location, special authorization.

Section 58-20-6 - Agreement of insurer as to prompt payment--Obligation not affected by any default of insured after injury--Direct obligation of insurer.

Section 58-20-7 - Right of employees to enforce liability of insurance carrier--Inclusion of provision in policy.

Section 58-20-8 - Payment of compensation by employer or insurance carrier bars recovery against the other.

Section 58-20-9 - Lien of worker upon amount due under policy--Inability of insured, direct payment by insurer to worker, agents, and dependents.

Section 58-20-10 - Notice to either employer or insurer--Required policy provision.

Section 58-20-11 - Provision relieving insurer from payment on insolvency of insured prohibited.

Section 58-20-12 - Policy insuring against employers' liability other than workers' compensation--Required provisions--Liability of insurer--Actions for recovery.

Section 58-20-13 - Form of insurance to be approved before issuance--Ruling subject to appeal.

Section 58-20-14 - Cancellation of policy--Notice of intention to cancel--Service on employer.

Section 58-20-15 - Equitable apportionment among insurers of applicants for policies--Participation by all insurers--Appeal to director--Judicial review.

Section 58-20-16 - Reinsurance reserve--Amount required.

Section 58-20-17 - Unallocated compensation loss expense payments--Distribution schedule included in annual statement.

Section 58-20-18 - Unallocated liability loss expense payments--Distribution schedule included in annual statement.

Section 58-20-19 - Inadequacy of liability or compensation loss reserves--Maintenance of additional reserves required by director.

Section 58-20-20 - Annual statement--Inclusion of experience schedule.

Section 58-20-21 - Annual workplace safety review services--Recommendations for improved safety--Increased premiums.

Section 58-20-22 - Premium reductions and premium increases for certain insurers.

Section 58-20-23 - Liability for indemnity compensation or medical loss defined.

Section 58-20-24 - Policy to provide medical services and health care.

Section 58-20-25 - Terms as used in §§ 58-20-25 to 58-20-40.

Section 58-20-26 - Electric utilities authorized to form self-insurance associations.

Section 58-20-27 - Application for self-insurance association--Form.

Section 58-20-28 - Requirements to obtain self-insurance certificate.

Section 58-20-29 - Granting self-insurance application--Revocation.

Section 58-20-30 - Examination of self-insurance association's activities and records.

Section 58-20-31 - Promulgation of rules governing self-insurance associations.

Section 58-20-32 - Voluntary termination of participation in self-insurance association.

Section 58-20-33 - Involuntary termination of membership in self-insurance association.

Section 58-20-34 - Liability for contractual obligations subsequent to termination in self-insurance association.

Section 58-20-35 - Annual report of affairs of self-insurance associations.

Section 58-20-36 - Dissolution of self-insurance association to be approved by department.

Section 58-20-37 - Deficiency of self-insurance associations made up by members.

Section 58-20-38 - Revocation of self-insurance association's certificate.

Section 58-20-39 - Self-insurance association not an insurance company.

Section 58-20-40 - Proceedings or investigations by department.