South Carolina General Assembly
108th Session, 1989-1990

Bill 3447

                    Current Status

Bill Number:               3447
Ratification Number:       92
Act Number                 54
Introducing Body:          House
Subject:                   State Workers' Compensation Insolvency
                           Fund
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A54, R92, H3447)

AN ACT TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND AND THE SOURCES OF THIS FUND, SO AS TO PROVIDE THAT THE STATE WORKERS' COMPENSATION INSOLVENCY FUND IS UNDER THE OFFICE OF THE SECOND INJURY FUND, RATHER THAN UNDER THE STATE WORKERS' COMPENSATION FUND, TO PROVIDE THAT STATE WORKERS' COMPENSATION INSOLVENCY FUND MUST BE ADMINISTERED BY THE DIRECTOR OF THE SECOND INJURY FUND, RATHER THAN BY THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, AND TO REQUIRE THE DIRECTOR OF THE SECOND INJURY FUND, RATHER THAN THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

Under office of Second Injury Fund

SECTION 1. Section 42-7-200(a) of the 1976 Code, as last amended by Act 155 of 1987, is further amended to read:

"(a) There is established within the office of the Second Injury Fund the State Workers' Compensation Insolvency Fund to insure payment of awards of workers' compensation benefits which are unpaid because of the insolvency of employers who fail to acquire necessary coverage for employees. The fund must be administered by the director of the Second Injury Fund.

When any award is made by the State Workers' Compensation Commission for workers' compensation benefits and the claim or any part of the claim is not paid because of the insolvency of an employer who has not secured coverage, payments must be made from the insolvency fund upon certified approval of the State Workers' Compensation Commission. The director of the Second Injury Fund shall establish procedures for the implementation of this section.

When a claimant is paid benefits from the insolvency fund the insolvency fund is subrogated to all rights of the claimant to the amount paid from the fund and the administrator of the fund shall institute proceedings for the collection of the funds against the party legally obligated for the payments."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.