§ 42-7-75. State agencies required to pay workers' compensation premiums; State Treasurer's duties as to state accident fund.

433 words·~2 min read·/sc/title-42-workers-compensation/chapter-7/funds/42-7-75·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

All state agencies shall pay workers' compensation premiums according to Section 42-7-70, as determined by the State Accident Fund. As to the Adjutant General, he may use this method for the civilian employees of his agency and for members of the South Carolina National Guard and State Guard during those periods in which they perform duties relating to a request under the Emergency Management Assistance Compact or similar authority where the costs may be borne by the requesting state, and, with the approval of the State Accident Fund Director, he also may do so as to the department's military members in active service of the State.

Absent such agreement between the Adjutant General and the State Accident Fund Director, calculation of premiums for the Adjutant General's Office must exclude losses arising out of service as a member of the South Carolina State and National Guard. In lieu of premiums for those losses the Adjutant General shall pay, at the beginning of each premium year, the amount estimated by the fund to be required to cover actual workers' compensation benefits to guard members during the premium year.

If the amount actually paid as benefits differs from the estimated pay out advanced under this paragraph, the difference must be debited or credited to the Adjutant General's account in the same manner that an actual adjusted premium is handled.

The State Treasurer and the Comptroller General shall pay from the general fund of the State to the State Accident Fund any necessary funds to cover actual benefit claims paid during any fiscal year, which exceed the amounts paid in for this purpose by the various agencies, departments, and institutions. The State Accident Fund shall certify quarterly to the State Fiscal Accountability Authority the state's liability for the benefit claims actually paid to claimants who are employees of any agency or political subdivision of this State and who are entitled to such payment under state law. The amount certified must be remitted to the State Accident Fund.

If there are not sufficient funds in the State Accident Fund Trust Account to pay operating expenses and claims as they arise, the State Treasurer shall, from the general fund of the State, deposit in the account monthly sufficient funds to pay expenses and claims required by law to be paid, but the amount deposited may not exceed the amount of investment income which the account would have earned from its inception if all such earnings had been credited to the fund.