As Reported by the Senate Insurance, Commerce 2
and Labor Committee 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 266 6
1999-2000 7
SENATOR HORN 9
_________________________________________________________________ 11
A B I L L
To amend sections 4123.01 and 4123.35 and to enact 13
section 4123.353 of the Revised Code to permit 15
public employers, including state institutions of
higher education but not including other state 16
entities, to become self-insuring employers for 17
purposes of the Workers' Compensation Law. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 4123.01 and 4123.35 be amended 22
and section 4123.353 of the Revised Code be enacted to read as 24
follows:
Sec. 4123.01. As used in this chapter: 33
(A)(1) "Employee" means: 35
(a) Every person in the service of the state, or of any 37
county, municipal corporation, township, or school district 38
therein, including regular members of lawfully constituted police 39
and fire departments of municipal corporations and townships, 40
whether paid or volunteer, and wherever serving within the state 41
or on temporary assignment outside thereof, and executive 42
officers of boards of education, under any appointment or 43
contract of hire, express or implied, oral or written, including 44
any elected official of the state, or of any county, municipal 45
corporation, or township, or members of boards of education;. 46
As used in division (A)(1)(a) of this section, the term 49
"regular members of lawfully constituted police and fire
departments" includes the following persons when the person 50
2
responds to an inherently dangerous situation that calls for an 51
immediate response on the part of the person, regardless of 52
whether the person is within the limits of the jurisdiction of 53
the person's regular employment or voluntary service when 54
responding, on the condition that the person responds to the 55
situation as the person otherwise would if the person were on 56
duty in the person's jurisdiction.:
(i) Off-duty peace officers. As used in division 58
(A)(1)(a)(i) of this section, "peace officer" means a member of 60
the organized police department of any municipal corporation, 61
including a member of the organized police department of a 62
municipal corporation in an adjoining state serving in Ohio under 63
a contract pursuant to section 737.04 of the Revised Code, member 65
of a police force employed by a metropolitan housing authority 66
under division (D) of section 3735.31 of the Revised Code, member 69
of a police force employed by a regional transit authority under
division (Y) of section 306.05 of the Revised Code, state 72
university law enforcement officer appointed under section
3345.04 of the Revised Code, Ohio veterans' home police officer 74
appointed under section 5907.02 of the Revised Code, police 76
constable of any township, police officer of a township or joint 77
township police district, state highway patrol trooper, and 78
member of a qualified nonprofit corporation police department 79
established pursuant to section 1702.80 of the Revised Code.
As used in division (A)(1)(a) of this section with respect 82
to off-duty peace officers, "jurisdiction" means the limits of 83
the municipal corporation, township, metropolitan housing
authority housing project, regional transit authority facilities 84
or areas of a municipal corporation that have been agreed to by a 85
regional transit authority and a municipal corporation located 86
within its territorial jurisdiction, college, university, or Ohio 87
veterans' home in which the peace officer is appointed, employed, 88
or elected.
(ii) Off-duty firefighters, whether paid or volunteer, of 90
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a lawfully constituted fire department. As used in division 91
(A)(1)(a) of this section with respect to off-duty firefighters, 93
"jurisdiction" means the limits of the political subdivision, 94
joint ambulance district, fire district, or joint fire district 95
in which the firefighter is appointed or employed.
(iii) Off-duty first responders, emergency medical 97
technicians-basic, emergency medical technicians-intermediate, or 98
emergency medical technicians-paramedic, whether paid or 99
volunteer, of an ambulance service organization or emergency 100
medical service organization pursuant to Chapter 4765. of the 101
Revised Code. As used in division (A)(1)(a) of this section with 104
respect to off-duty first responders and emergency medical
technicians, "jurisdiction" means the limits of the political 105
subdivision or joint ambulance district in which the first 107
responder or emergency medical technician is employed or 108
volunteers as a first responder or emergency medical technician. 109
(b) Every person in the service of any person, firm, or 111
private corporation, including any public service corporation, 112
that (i) employs one or more persons regularly in the same 113
business or in or about the same establishment under any contract 114
of hire, express or implied, oral or written, including aliens 115
and minors, household workers who earn one hundred sixty dollars 116
or more in cash in any calendar quarter from a single household 117
and casual workers who earn one hundred sixty dollars or more in 118
cash in any calendar quarter from a single employer, or (ii) is 119
bound by any such contract of hire or by any other written 120
contract, to pay into the state insurance fund the premiums 121
provided by this chapter. 122
(c) Every person who performs labor or provides services 125
pursuant to a construction contract, as defined in section 126
4123.79 of the Revised Code, if at least ten of the following
criteria apply:
(i) The person is required to comply with instructions 129
from the other contracting party regarding the manner or method 130
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of performing services;
(ii) The person is required by the other contracting party 133
to have particular training;
(iii) The person's services are integrated into the 136
regular functioning of the other contracting party; 137
(iv) The person is required to perform the work 139
personally;
(v) The person is hired, supervised, or paid by the other 141
contracting party;
(vi) A continuing relationship exists between the person 144
and the other contracting party that contemplates continuing or 145
recurring work even if the work is not full time; 146
(vii) The person's hours of work are established by the 149
other contracting party;
(viii) The person is required to devote full time to the 152
business of the other contracting party;
(ix) The person is required to perform the work on the 155
premises of the other contracting party;
(x) The person is required to follow the order of work set 158
by the other contracting party;
(xi) The person is required to make oral or written 161
reports of progress to the other contracting party; 162
(xii) The person is paid for services on a regular basis 165
such as hourly, weekly, or monthly;
(xiii) The person's expenses are paid for by the other 167
contracting party;
(xiv) The person's tools and materials are furnished by 170
the other contracting party;
(xv) The person is provided with the facilities used to 172
perform services;
(xvi) The person does not realize a profit or suffer a 175
loss as a result of the services provided;
(xvii) The person is not performing services for a number 178
of employers at the same time;
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(xviii) The person does not make the same services 180
available to the general public; 181
(xix) The other contracting party has a right to discharge 184
the person;
(xx) The person has the right to end the relationship with 187
the other contracting party without incurring liability pursuant 188
to an employment contract or agreement. 189
Every person in the service of any independent contractor 191
or subcontractor who has failed to pay into the state insurance 192
fund the amount of premium determined and fixed by the 193
administrator of workers' compensation for the person's 194
employment or occupation or if a self-insuring employer has 195
failed to pay compensation and benefits directly to the 196
employer's injured and to the dependents of the employer's killed 197
employees as required by section 4123.35 of the Revised Code, 199
shall be considered as the employee of the person who has entered 200
into a contract, whether written or verbal, with such independent 201
contractor unless such employees or their legal representatives 202
or beneficiaries elect, after injury or death, to regard such 203
independent contractor as the employer.
(2) "Employee" does not mean: 205
(a) A duly ordained, commissioned, or licensed minister or 207
assistant or associate minister of a church in the exercise of 208
ministry; or 209
(b) Any officer of a family farm corporation. 211
Any employer may elect to include as an "employee" within 213
this chapter, any person excluded from the definition of 214
"employee" pursuant to division (A)(2) of this section. If an 215
employer is a partnership, sole proprietorship, or family farm 216
corporation, such employer may elect to include as an "employee" 217
within this chapter, any member of such partnership, the owner of 218
the sole proprietorship, or the officers of the family farm 219
corporation. In the event of an election, the employer shall 220
serve upon the bureau of workers' compensation written notice 221
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naming the persons to be covered, include such employee's 222
remuneration for premium purposes in all future payroll reports, 223
and no person excluded from the definition of "employee" pursuant 224
to division (A)(2) of this section, proprietor, or partner shall 225
be deemed an employee within this division until the employer has 226
served such notice. 227
For informational purposes only, the bureau shall prescribe 229
such language as it considers appropriate, on such of its forms 230
as it considers appropriate, to advise employers of their right 231
to elect to include as an "employee" within this chapter a sole 232
proprietor, any member of a partnership, the officers of a family 233
farm corporation, or a person excluded from the definition of 234
"employee" under division (A)(2)(a) of this section, that they 235
should check any health and disability insurance policy, or other 236
form of health and disability plan or contract, presently 237
covering them, or the purchase of which they may be considering, 238
to determine whether such policy, plan, or contract excludes 239
benefits for illness or injury that they might have elected to 240
have covered by workers' compensation. 241
(B) "Employer" means: 243
(1) The state, including state hospitals, each county, 245
municipal corporation, township, school district, and hospital 246
owned by a political subdivision or subdivisions other than the 247
state; 248
(2) Every person, firm, and private corporation, including 250
any public service corporation, that (a) has in service one or 251
more employees regularly in the same business or in or about the 252
same establishment under any contract of hire, express or 253
implied, oral or written, or (b) is bound by any such contract of 254
hire or by any other written contract, to pay into the insurance 255
fund the premiums provided by this chapter. 256
All such employers are subject to this chapter. Any member 258
of a firm or association, who regularly performs manual labor in 259
or about a mine, factory, or other establishment, including a 260
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household establishment, shall be considered an employee in 261
determining whether such person, firm, or private corporation, or 262
public service corporation, has in its service, one or more 263
employees and the employer shall report the income derived from 264
such labor to the bureau as part of the payroll of such employer, 265
and such member shall thereupon be entitled to all the benefits 266
of an employee. 267
(C) "Injury" includes any injury, whether caused by 269
external accidental means or accidental in character and result, 270
received in the course of, and arising out of, the injured 271
employee's employment. "Injury" does not include: 272
(1) Psychiatric conditions except where the conditions 274
have arisen from an injury or occupational disease; 275
(2) Injury or disability caused primarily by the natural 278
deterioration of tissue, an organ, or part of the body; 279
(3) Injury or disability incurred in voluntary 281
participation in an employer-sponsored recreation or fitness 282
activity if the employee signs a waiver of the employee's right 283
to compensation or benefits under this chapter prior to engaging 284
in the recreation or fitness activity. 285
(D) "Child" includes a posthumous child and a child 287
legally adopted prior to the injury. 288
(E) "Family farm corporation" means a corporation founded 290
for the purpose of farming agricultural land in which the 291
majority of the voting stock is held by and the majority of the 292
stockholders are persons or the spouse of persons related to each 293
other within the fourth degree of kinship, according to the rules 294
of the civil law, and at least one of the related persons is 295
residing on or actively operating the farm, and none of whose 296
stockholders are a corporation. A family farm corporation does 297
not cease to qualify under this division where, by reason of any 298
devise, bequest, or the operation of the laws of descent or 299
distribution, the ownership of shares of voting stock is 300
transferred to another person, as long as that person is within 301
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the degree of kinship stipulated in this division. 302
(F) "Occupational disease" means a disease contracted in 304
the course of employment, which by its causes and the 305
characteristics of its manifestation or the condition of the 306
employment results in a hazard which distinguishes the employment 307
in character from employment generally, and the employment
creates a risk of contracting the disease in greater degree and 308
in a different manner from the public in general. 309
(G) "Self-insuring employer" means any of the following 311
categories of employers if AN EMPLOYER WHO IS granted the 312
privilege of paying compensation and benefits directly under 314
section 4123.35 of the Revised Code: 315
(1) Any employer mentioned in division (B)(2) of this 317
section; 318
(2) A board of county hospital trustees; 320
(3) A publicly owned utility; 322
(4) A, INCLUDING A board of county commissioners for the 324
sole purpose of constructing a sports facility as defined in 326
section 307.696 of the Revised Code, provided that the electors 327
of the county in which the sports facility is to be built have 328
approved construction of a sports facility by ballot election no 329
later than November 6, 1997. 330
(H) "PUBLIC EMPLOYER" MEANS AN EMPLOYER AS DEFINED IN 332
DIVISION (B)(1) OF THIS SECTION. 333
Sec. 4123.35. (A) Except as provided in this section, 342
every employer mentioned in division (B)(2) of section 4123.01 of 343
the Revised Code, and every publicly owned utility shall pay 344
semiannually in the months of January and July into the state 346
insurance fund the amount of annual premium the administrator of 347
workers' compensation fixes for the employment or occupation of 348
the employer, the amount of which premium to be paid by each 349
employer to be determined by the classifications, rules, and 350
rates made and published by the administrator. The employer
shall pay semiannually a further sum of money into the state 351
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insurance fund as may be ascertained to be due from the employer 354
by applying the rules of the administrator, and a receipt or 355
certificate certifying that payment has been made shall be mailed 357
immediately to the employer by the bureau of workers'
compensation. The receipt or certificate is prima-facie evidence 358
of the payment of the premium. 360
The bureau of workers' compensation shall verify with the 362
secretary of state the existence of all corporations and 363
organizations making application for workers' compensation 364
coverage and shall require every such application to include the 365
employer's federal identification number. 366
An employer as defined in division (B)(2) of section 368
4123.01 of the Revised Code who has contracted with a 369
subcontractor is liable for the unpaid premium due from any 370
subcontractor with respect to that part of the payroll of the 371
subcontractor that is for work performed pursuant to the contract 373
with the employer.
Division (A) of this section providing for the payment of 377
premiums semiannually does not apply to any employer who was a
subscriber to the state insurance fund prior to January 1, 1914, 378
or who may first become a subscriber to the fund in any month 379
other than January or July. Instead, the semiannual premiums 380
shall be paid by those employers from time to time upon the 381
expiration of the respective periods for which payments into the 382
fund have been made by them.
The administrator shall adopt rules to permit employers to 384
make periodic payments of the semiannual premium due under this 385
division. The rules shall include provisions for the assessment 386
of interest charges, where appropriate, and for the assessment of 387
penalties when an employer fails to make timely premium payments. 389
An employer who timely pays the amounts due under this division 390
is entitled to all of the benefits and protections of this 391
chapter. Upon receipt of payment, the bureau immediately shall 392
mail a receipt or certificate to the employer certifying that
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payment has been made, which receipt is prima-facie evidence of 394
payment. Workers' compensation coverage under this chapter 395
continues uninterrupted upon timely receipt of payment under this 396
division.
Every PUBLIC employer mentioned in division (B)(1) of 398
section 4123.01 of the Revised Code, except boards of county 399
hospital trustees PUBLIC EMPLOYERS that are self-insuring 400
employers under this section, shall comply with sections 4123.38 402
to 4123.41, and 4123.48 of the Revised Code in regard to the 404
contribution of moneys to the public insurance fund. 405
(B) Provided, that employers mentioned in division (B)(2) 407
of section 4123.01 of the Revised Code, boards of county hospital 408
trustees, and publicly owned utilities EMPLOYERS who will abide 409
by the rules of the administrator and who may be of sufficient 411
financial ability to render certain the payment of compensation 412
to injured employees or the dependents of killed employees, and 413
the furnishing of medical, surgical, nursing, and hospital 414
attention and services and medicines, and funeral expenses, equal 415
to or greater than is provided for in sections 4123.52, 4123.55 416
to 4123.62, and 4123.64 to 4123.67 of the Revised Code, and who 417
do not desire to insure the payment thereof or indemnify 418
themselves against loss sustained by the direct payment thereof, 419
upon a finding of such facts by the administrator, may be granted 420
the privilege to pay individually compensation, and furnish 423
medical, surgical, nursing, and hospital services and attention 424
and funeral expenses directly to injured employees or the 425
dependents of killed employees, thereby being granted status as a 427
self-insuring employer. The administrator may charge employers, 428
boards of county hospital trustees, or publicly owned utilities 429
who apply for the status as a self-insuring employer a reasonable 430
application fee to cover the bureau's costs in connection with 431
processing and making a determination with respect to an 432
application. All
ALL employers granted such status shall demonstrate 435
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sufficient financial and administrative ability to assure that 436
all obligations under this section are promptly met. The 437
administrator shall deny the privilege where the employer is 438
unable to demonstrate the employer's ability to promptly meet all 439
the obligations imposed on the employer by this section. The 440
(1) THE administrator shall consider, but is not limited 443
to, the following factors, where applicable, in determining the 444
employer's ability to meet all of the obligations imposed on the 445
employer by this section: 446
(1)(a) The employer employs a minimum of five hundred 448
employees in this state; 449
(2)(b) The employer has operated in this state for a 451
minimum of two years, provided that an employer who has 452
purchased, acquired, or otherwise succeeded to the operation of a 453
business, or any part thereof, situated in this state that has 454
operated for at least two years in this state, also shall 455
qualify;
(3)(c) Where the employer previously contributed to the 457
state insurance fund or is a successor employer as defined by 458
bureau rules, the amount of the buy-out BUYOUT, as defined by 459
bureau rules; 460
(4)(d) The sufficiency of the employer's assets located in 462
this state to insure the employer's solvency in paying 463
compensation directly; 464
(5)(e) The financial records, documents, and data, 466
certified by a certified public accountant, necessary to provide 467
the employer's full financial disclosure. The records, 468
documents, and data include, but are not limited to, balance 469
sheets and profit and loss history for the current year and 470
previous four years. 471
(6)(f) The employer's organizational plan for the 473
administration of the workers' compensation law; 474
(7)(g) The employer's proposed plan to inform employees of 476
the change from a state fund insurer to a self-insuring employer, 477
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the procedures the employer will follow as a self-insuring 478
employer, and the employees' rights to compensation and benefits; 479
and 480
(8)(h) The employer has either an account in a financial 482
institution in this state, or if the employer maintains an 483
account with a financial institution outside this state, ensures 484
that workers' compensation checks are drawn from the same account 485
as payroll checks or the employer clearly indicates that payment 486
will be honored by a financial institution in this state. 487
The administrator may waive the requirements of divisions 489
(B)(1)(a) and (2)(b) of this section and the requirement of 491
division (B)(5)(1)(e) of this section that the financial records, 492
documents, and data be certified by a certified public 494
accountant. The administrator shall adopt rules establishing the 495
criteria that an employer shall meet in order for the 496
administrator to waive the requirement of division (B)(5)(1)(e) 497
of this section. Such rules may require additional security of 499
that employer pursuant to division (E) of section 4123.351 of the 500
Revised Code. The
THE administrator shall not grant the status of 503
self-insuring employer to any public employer, other than 504
publicly owned utilities and boards of county hospital trustees. 505
THE STATE, EXCEPT THAT THE ADMINISTRATOR MAY GRANT THE STATUS OF 507
SELF-INSURING EMPLOYER TO A STATE INSTITUTION OF HIGHER
EDUCATION, EXCLUDING ITS HOSPITALS, THAT MEETS THE REQUIREMENTS 508
OF DIVISION (B)(2) OF THIS SECTION. 509
(2) WHEN CONSIDERING THE APPLICATION OF A PUBLIC EMPLOYER, 511
EXCEPT FOR A BOARD OF COUNTY COMMISSIONERS DESCRIBED IN DIVISION 512
(G) OF SECTION 4123.01 OF THE REVISED CODE, A BOARD OF A COUNTY 513
HOSPITAL, OR A PUBLICLY OWNED UTILITY, THE ADMINISTRATOR SHALL 515
VERIFY THAT THE PUBLIC EMPLOYER SATISFIES ALL OF THE FOLLOWING 516
REQUIREMENTS AS THE REQUIREMENTS APPLY TO THAT PUBLIC EMPLOYER: 517
(a) FOR THE TWO-YEAR PERIOD PRECEDING APPLICATION UNDER 519
THIS SECTION, THE PUBLIC EMPLOYER HAS MAINTAINED AN UNVOTED DEBT 520
13
CAPACITY EQUAL TO AT LEAST TWO TIMES THE AMOUNT OF THE CURRENT 523
ANNUAL PREMIUM ESTABLISHED BY THE ADMINISTRATOR UNDER THIS
CHAPTER FOR THAT PUBLIC EMPLOYER FOR THE YEAR IMMEDIATELY 524
PRECEDING THE YEAR IN WHICH THE PUBLIC EMPLOYER MAKES APPLICATION 525
UNDER THIS SECTION. 526
(b) FOR EACH OF THE TWO FISCAL YEARS PRECEDING APPLICATION 528
UNDER THIS SECTION, THE UNRESERVED AND UNDESIGNATED YEAR-END FUND 530
BALANCE IN THE PUBLIC EMPLOYER'S GENERAL FUND IS EQUAL TO AT 531
LEAST FIVE PER CENT OF THE PUBLIC EMPLOYER'S GENERAL FUND 532
REVENUES FOR THE FISCAL YEAR COMPUTED IN ACCORDANCE WITH 533
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
(c) FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER 535
THIS SECTION, THE PUBLIC EMPLOYER, TO THE EXTENT APPLICABLE, HAS 537
COMPLIED FULLY WITH THE CONTINUING DISCLOSURE REQUIREMENTS 538
ESTABLISHED IN RULES ADOPTED BY THE UNITED STATES SECURITIES AND 540
EXCHANGE COMMISSION UNDER 17 C.F.R. 240.15c2-12. 542
(d) FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER 544
THIS SECTION, THE PUBLIC EMPLOYER HAS NOT HAD ITS LOCAL 545
GOVERNMENT FUND DISTRIBUTION WITHHELD ON ACCOUNT OF THE PUBLIC 546
EMPLOYER BEING INDEBTED OR OTHERWISE OBLIGATED TO THE STATE. 547
(e) FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER 549
THIS SECTION, THE PUBLIC EMPLOYER HAS NOT BEEN UNDER A FISCAL 550
WATCH OR FISCAL EMERGENCY PURSUANT TO SECTION 118.023, 118.04, OR 552
3316.03 OF THE REVISED CODE. 553
(f) FOR THE PUBLIC EMPLOYER'S FISCAL YEAR PRECEDING 555
APPLICATION UNDER THIS SECTION, THE PUBLIC EMPLOYER HAS OBTAINED 556
AN ANNUAL FINANCIAL AUDIT AS REQUIRED UNDER SECTION 117.10 OF THE 557
REVISED CODE, WHICH HAS BEEN RELEASED BY THE AUDITOR OF STATE 558
WITHIN SEVEN MONTHS AFTER THE END OF THE PUBLIC EMPLOYER'S FISCAL 559
YEAR.
(g) ON THE DATE OF APPLICATION, THE PUBLIC EMPLOYER HOLDS 561
A DEBT RATING OF AA3 OR HIGHER ACCORDING TO MOODY'S INVESTORS 562
SERVICE, INC., OR A COMPARABLE RATING BY AN INDEPENDENT RATING 563
AGENCY SIMILAR TO MOODY'S INVESTORS SERVICE, INC. 564
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(h) THE PUBLIC EMPLOYER AGREES TO GENERATE AN ANNUAL 566
ACCUMULATING BOOK RESERVE IN ITS FINANCIAL STATEMENTS REFLECTING 567
AN ACTUARIALLY GENERATED RESERVE ADEQUATE TO PAY PROJECTED CLAIMS 569
UNDER THIS CHAPTER FOR THE APPLICABLE PERIOD OF TIME, AS
DETERMINED BY THE ADMINISTRATOR. 570
(i) FOR A PUBLIC EMPLOYER THAT IS A HOSPITAL, THE PUBLIC 572
EMPLOYER SHALL SUBMIT AUDITED FINANCIAL STATEMENTS SHOWING THE 573
HOSPITAL'S OVERALL LIQUIDITY CHARACTERISTICS, AND THE 574
ADMINISTRATOR SHALL DETERMINE, ON AN INDIVIDUAL BASIS, WHETHER 575
THE PUBLIC EMPLOYER SATISFIES LIQUIDITY STANDARDS EQUIVALENT TO 576
THE LIQUIDITY STANDARDS OF OTHER PUBLIC EMPLOYERS. 577
(j) ANY ADDITIONAL CRITERIA THAT THE ADMINISTRATOR ADOPTS 579
BY RULE PURSUANT TO DIVISION (E) OF THIS SECTION. 580
THE ADMINISTRATOR SHALL NOT APPROVE THE APPLICATION OF A 582
PUBLIC EMPLOYER, EXCEPT FOR A BOARD OF COUNTY COMMISSIONERS 583
DESCRIBED IN DIVISION (G) OF SECTION 4123.01 OF THE REVISED CODE, 585
A BOARD OF A COUNTY HOSPITAL, OR PUBLICLY OWNED UTILITY, WHO DOES 586
NOT SATISFY ALL OF THE REQUIREMENTS LISTED IN DIVISION (B)(2) OF 587
THIS SECTION.
(C) Provided, that a A board of county commissioners 589
mentioned DESCRIBED in division (G)(4) of section 4123.01 of the 591
Revised Code, as an employer, that will abide by the rules of the 593
administrator and that may be of sufficient financial ability to 594
render certain the payment of compensation to injured employees 595
or the dependents of killed employees, and the furnishing of 596
medical, surgical, nursing, and hospital attention and services 597
and medicines, and funeral expenses, equal to or greater than is
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 598
to 4123.67 of the Revised Code, and that does not desire to 601
insure the payment thereof or indemnify itself against loss 602
sustained by the direct payment thereof, upon a finding of such 603
facts by the administrator, may be granted the privilege to pay 604
individually compensation, and furnish medical, surgical, 605
nursing, and hospital services and attention and funeral expenses
15
directly to injured employees or the dependents of killed 606
employees, thereby being granted status as a self-insuring 607
employer. The administrator may charge a board of county 609
commissioners mentioned DESCRIBED in division (G)(4) of section 610
4123.01 of the Revised Code that applies for the status as a 612
self-insuring employer a reasonable application fee to cover the 613
bureau's costs in connection with processing and making a 614
determination with respect to an application. All employers
granted such status shall demonstrate sufficient financial and 615
administrative ability to assure that all obligations under this 616
section are promptly met. The administrator shall deny the 617
privilege where the employer is unable to demonstrate the 618
employer's ability to promptly meet all the obligations imposed 619
on the employer by this section. The administrator shall 620
consider, but is not limited to, the following factors, where 621
applicable, in determining the employer's ability to meet all of 622
the obligations imposed on the board as an employer by this 623
section:
(1) The board as an employer employs a minimum of five 625
hundred employees in this state; 626
(2) The board has operated in this state for a minimum of 628
two years;
(3) Where the board previously contributed to the state 630
insurance fund or is a successor employer as defined by bureau 631
rules, the amount of the buy-out BUYOUT, as defined by bureau 632
rules;
(4) The sufficiency of the board's assets located in this 634
state to insure the board's solvency in paying compensation 635
directly;
(5) The financial records, documents, and data, certified 637
by a certified public accountant, necessary to provide the 638
board's full financial disclosure. The records, documents, and 639
data include, but are not limited to, balance sheets and profit 640
and loss history for the current year and previous four years. 641
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(6) The board's organizational plan for the administration 643
of the workers' compensation law; 644
(7) The board's proposed plan to inform employees of the 646
proposed self-insurance, the procedures the board will follow as 647
a self-insuring employer, and the employees' rights to 648
compensation and benefits;
(8) The board has either an account in a financial 650
institution in this state, or if the board maintains an account 652
with a financial institution outside this state, ensures that 653
workers' compensation checks are drawn from the same account as 654
payroll checks or the board clearly indicates that payment will 655
be honored by a financial institution in this state; 656
(9) The board shall provide the administrator a surety 658
bond in an amount equal to one hundred twenty-five per cent of 659
the projected losses as determined by the administrator. 660
(D) The administrator shall require a surety bond from all 662
self-insuring employers, issued pursuant to section 4123.351 of 663
the Revised Code, that is sufficient to compel, or secure to 664
injured employees, or to the dependents of employees killed, the 665
payment of compensation and expenses, which shall in no event be 666
less than that paid or furnished out of the state insurance fund 667
in similar cases to injured employees or to dependents of killed 668
employees whose employers contribute to the fund, except when an 669
employee of the employer, who has suffered the loss of a hand, 670
arm, foot, leg, or eye prior to the injury for which compensation 671
is to be paid, and thereafter suffers the loss of any other of 672
the members as the result of any injury sustained in the course 673
of and arising out of the employee's employment, the compensation 675
to be paid by the self-insuring employer is limited to the
disability suffered in the subsequent injury, additional 676
compensation, if any, to be paid by the bureau out of the surplus 678
created by section 4123.34 of the Revised Code. 679
(E) In addition to the requirements of this section, the 681
administrator shall make and publish rules governing the manner 682
17
of making application and the nature and extent of the proof 683
required to justify a finding of fact by the administrator as to 684
granting the status of a self-insuring employer, which rules 685
shall be general in their application, one of which rules shall 686
provide that all self-insuring employers shall pay into the state 687
insurance fund such amounts as are required to be credited to the 688
surplus fund in division (B) of section 4123.34 of the Revised 689
Code. THE ADMINISTRATOR MAY ADOPT RULES ESTABLISHING 690
REQUIREMENTS IN ADDITION TO THE REQUIREMENTS DESCRIBED IN 691
DIVISION (B)(2) OF THIS SECTION THAT A PUBLIC EMPLOYER SHALL MEET 692
IN ORDER TO QUALIFY FOR SELF-INSURING STATUS. 693
Employers shall secure directly from the bureau central 695
offices application forms upon which the bureau shall stamp a 696
designating number. Prior to submission of an application, an 697
employer shall make available to the bureau, and the bureau shall 698
review, the information described in divisions DIVISION (B)(1) to 700
(8) of this section, AND PUBLIC EMPLOYERS SHALL MAKE AVAILABLE, 701
AND THE BUREAU SHALL REVIEW, THE INFORMATION NECESSARY TO VERIFY 702
WHETHER THE PUBLIC EMPLOYER MEETS THE REQUIREMENTS LISTED IN 703
DIVISION (B)(2) OF THIS SECTION. An employer shall file the 704
completed application forms with an application fee, which shall 705
cover the costs of processing the application, as established by 706
the administrator, by rule, with the bureau at least ninety days 707
prior to the effective date of the employer's new status as a 708
self-insuring employer. The application form is not deemed 709
complete until all the required information is attached thereto. 710
The bureau shall only accept applications that contain the 711
required information.
(F) The bureau shall review completed applications within 713
a reasonable time. If the bureau determines to grant an employer 714
the status as a self-insuring employer, the bureau shall issue a 715
statement, containing its findings of fact, that is prepared by 716
the bureau and signed by the administrator. If the bureau 717
determines not to grant the status as a self-insuring employer, 718
18
the bureau shall notify the employer of the determination and 719
require the employer to continue to pay its full premium into the 720
state insurance fund. The administrator also shall adopt rules 721
establishing a minimum level of performance as a criterion for 722
granting and maintaining the status as a self-insuring employer 723
and fixing time limits beyond which failure of the self-insuring 724
employer to provide for the necessary medical examinations and 725
evaluations may not delay a decision on a claim. 726
(G) The administrator shall adopt rules setting forth 728
procedures for auditing the program of self-insuring employers. 729
The bureau shall conduct the audit upon a random basis or 730
whenever the bureau has grounds for believing that an A 731
SELF-INSURING employer is not in full compliance with bureau 733
rules or this chapter.
The administrator shall monitor the programs conducted by 735
self-insuring employers, to ensure compliance with bureau 736
requirements and for that purpose, shall develop and issue to 737
self-insuring employers standardized forms for use by the 738
SELF-INSURING employer in all aspects of the SELF-INSURING 739
employers' direct compensation program and for reporting of 741
information to the bureau.
The bureau shall receive and transmit to the SELF-INSURING 743
employer all complaints concerning any self-insuring employer. 744
In the case of a complaint against a self-insuring employer, the 745
administrator shall handle the complaint through the 746
self-insurance division of the bureau. The bureau shall maintain 747
a file by employer of all complaints received that relate to the 748
employer. The bureau shall evaluate each complaint and take 749
appropriate action.
The administrator shall adopt as a rule a prohibition 751
against any self-insuring employer from harassing, dismissing, or 752
otherwise disciplining any employee making a complaint, which 753
rule shall provide for a financial penalty to be levied by the 754
administrator payable by the offending SELF-INSURING employer. 755
19
(H) For the purpose of making determinations as to whether 757
to grant status as a self-insuring employer, the administrator 758
may subscribe to and pay for a credit reporting service that 759
offers financial and other business information about individual 760
employers. The costs in connection with the bureau's 761
subscription or individual reports from the service about an 762
applicant may be included in the application fee charged 763
employers under this section. 764
(I) The administrator, notwithstanding other provisions of 767
this chapter, may permit a self-insuring employer to resume 768
payment of premiums to the state insurance fund with appropriate 769
credit modifications to the employer's basic premium rate as such 770
rate is determined pursuant to section 4123.29 of the Revised 771
Code.
(J) On the first day of July of each year, the 773
administrator shall calculate separately each self-insuring 774
employer's assessments for the safety and hygiene fund, 775
administrative costs pursuant to section 4123.342 of the Revised 776
Code, and for the portion of the surplus fund under division (B) 777
of section 4123.34 of the Revised Code that is not used for 778
handicapped reimbursement, on the basis of the paid compensation 779
attributable to the individual self-insuring employer according 780
to the following calculation: 781
(1) The total assessment against all self-insuring 783
employers as a class for each fund and for the administrative 784
costs for the year that the assessment is being made, as 785
determined by the administrator, divided by the total amount of 786
paid compensation for the previous calendar year attributable to 787
all amenable self-insuring employers; 788
(2) Multiply the quotient in division (J)(1) of this 790
section by the total amount of paid compensation for the previous 791
calendar year that is attributable to the individual 792
self-insuring employer for whom the assessment is being 793
determined. Each self-insuring employer shall pay the assessment 794
20
that results from this calculation, unless the assessment 795
resulting from this calculation falls below a minimum assessment, 796
which minimum assessment the administrator shall determine on the 797
first day of July of each year with the advice and consent of the 798
workers' compensation oversight commission, in which event, the 799
self-insuring employer shall pay the minimum assessment. 800
In determining the total amount due for the total 802
assessment against all self-insuring employers as a class for 803
each fund and the administrative assessment, the administrator 804
shall reduce proportionately the total for each fund and 806
assessment by the amount of money in the self-insurance 807
assessment fund as of the date of the computation of the 808
assessment. 809
The administrator shall calculate the assessment for the 811
portion of the surplus fund under division (B) of section 4123.34 812
of the Revised Code that is used for handicapped reimbursement in 813
the same manner as set forth in divisions (J)(1) and (2) of this 815
section except that the administrator shall calculate the total 816
assessment for this portion of the surplus fund only on the basis 817
of those self-insuring employers that retain participation in the 818
handicapped reimbursement program and the individual 819
self-insuring employer's proportion of paid compensation shall be 820
calculated only for those self-insuring employers who retain 821
participation in the handicapped reimbursement program. The 822
administrator, as the administrator determines appropriate, may 824
determine the total assessment for the handicapped portion of the 825
surplus fund in accordance with sound actuarial principles. 826
The administrator shall calculate the assessment for the 828
portion of the surplus fund under division (B) of section 4123.34 829
of the Revised Code that under division (D) of section 4121.66 of 830
the Revised Code is used for rehabilitation costs in the same 831
manner as set forth in divisions (J)(1) and (2) of this section, 833
except that the administrator shall calculate the total 834
assessment for this portion of the surplus fund only on the basis 835
21
of those self-insuring employers who have not made the election 836
to make payments directly under division (D) of section 4121.66 837
of the Revised Code and an individual self-insuring employer's 838
proportion of paid compensation only for those self-insuring 839
employers who have not made that election. 840
An employer who no longer is a self-insuring employer in 842
this state or who no longer is operating in this state, shall 843
continue to pay assessments for administrative costs and for the 844
portion of the surplus fund under division (B) of section 4123.34 845
of the Revised Code that is not used for handicapped 846
reimbursement, based upon paid compensation attributable to 847
claims that occurred while the employer was a self-insuring 848
employer within this state. 849
(K) There is hereby created in the state treasury the 851
self-insurance assessment fund. All investment earnings of the 852
fund shall be deposited in the fund. The administrator shall use 853
the money in the self-insurance assessment fund only for 854
administrative costs as specified in section 4123.341 of the 855
Revised Code. 856
(L) Every self-insuring employer shall certify, in 858
affidavit form subject to the penalty for perjury, to the bureau 859
the amount of the self-insuring employer's paid compensation for 860
the previous calendar year. In reporting paid compensation paid 861
for the previous year, a self-insuring employer shall exclude 862
from the total amount of paid compensation any reimbursement the 863
SELF-INSURING employer receives in the previous calendar year 865
from the surplus fund pursuant to section 4123.512 of the Revised 866
Code for any paid compensation. The self-insuring employer also 867
shall exclude from the paid compensation reported any amount 868
recovered under section 4123.93 of the Revised Code and any 869
amount that is determined not to have been payable to or on 870
behalf of a claimant in any final administrative or judicial 871
proceeding. The self-insuring employer shall exclude such 872
amounts from the paid compensation reported in the reporting 873
22
period subsequent to the date the determination is made. The 874
administrator shall adopt rules, in accordance with Chapter 119. 875
of the Revised Code, establishing the date by which self-insuring 876
employers must submit such information and the amount of the 877
assessments provided for in division (J) of this section for 878
employers who have been granted self-insuring status within the 880
last calendar year. 881
The administrator shall include any assessment that remains 883
unpaid for previous assessment periods in the calculation and 884
collection of any assessments due under this division or division 885
(J) of this section. 886
(M) As used in this section, "paid compensation" means all 888
amounts paid by a self-insuring employer for living maintenance 889
benefits, all amounts for compensation paid pursuant to sections 890
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, 891
and 4123.64 of the Revised Code, all amounts paid as wages in 892
lieu of such compensation, all amounts paid in lieu of such 893
compensation under a nonoccupational accident and sickness 894
program fully funded by the self-insuring employer, and all 895
amounts paid by a self-insuring employer for a violation of a 896
specific safety standard pursuant to Section 35 of Article II, 897
Ohio Constitution and section 4121.47 of the Revised Code. 898
(N) Should any section of this chapter or Chapter 4121. of 900
the Revised Code providing for self-insuring employers' 901
assessments based upon compensation paid be declared 902
unconstitutional by a final decision of any court, then that 903
section of the Revised Code declared unconstitutional shall 904
revert back to the section in existence prior to November 3, 905
1989, providing for assessments based upon payroll. 906
(O) The administrator may grant a self-insuring employer 908
the privilege to self-insure a construction project entered into 910
by the self-insuring employer that is scheduled for completion 911
within six years after the date the project begins, and the total 912
cost of which is estimated to exceed one hundred million dollars. 914
23
The administrator may waive such cost and time criteria and grant 915
a self-insuring employer the privilege to self-insure a
construction project regardless of the time needed to complete 916
the construction project and provided that the cost of the 917
construction project is estimated to exceed fifty million 918
dollars. A self-insuring employer who desires to self-insure a 920
construction project shall submit to the administrator an
application listing the dates the construction project is 921
scheduled to begin and end, the estimated cost of the 923
construction project, the contractors and subcontractors whose
employees are to be self-insured by the self-insuring employer, 924
the provisions of a safety program that is specifically designed 925
for the construction project, and a statement as to whether a 926
collective bargaining agreement governing the rights, duties, and 927
obligations of each of the parties to the agreement with respect 928
to the construction project exists between the self-insuring 929
employer and a labor organization. 930
A self-insuring employer may apply to self-insure the 932
employees of either of the following: 933
(1) All contractors and subcontractors who perform labor 935
or work or provide materials for the construction project; 936
(2) All contractors and, at the administrator's 938
discretion, a substantial number of all the subcontractors who 939
perform labor or work or provide materials for the construction 940
project.
Upon approval of the application, the administrator shall 942
mail a certificate granting the privilege to self-insure the 943
construction project to the self-insuring employer. The 944
certificate shall contain the name of the self-insuring employer 945
and the name, address, and telephone number of the self-insuring 946
employer's representatives who are responsible for administering
workers' compensation claims for the construction project. The 947
self-insuring employer shall post the certificate in a 948
conspicuous place at the site of the construction project. 949
24
The administrator shall maintain a record of the 951
contractors and subcontractors whose employees are covered under 952
the certificate issued to the self-insured employer. A 953
self-insuring employer immediately shall notify the administrator 954
when any contractor or subcontractor is added or eliminated from 955
inclusion under the certificate.
Upon approval of the application, the self-insuring 957
employer is responsible for the administration and payment of all 958
claims under this chapter and Chapter 4121. of the Revised Code 959
for the employees of the contractor and subcontractors covered 960
under the certificate who receive injuries or are killed in the 961
course of and arising out of employment on the construction 963
project, or who contract an occupational disease in the course of 964
employment on the construction project. For purposes of this
chapter and Chapter 4121. of the Revised Code, a claim that is 966
administered and paid in accordance with this division is
considered a claim against the self-insuring employer listed in 967
the certificate. A contractor or subcontractor included under 968
the certificate shall report to the self-insuring employer listed 969
in the certificate, all claims that arise under this chapter and 970
Chapter 4121. of the Revised Code in connection with the 972
construction project for which the certificate is issued. 973
A self-insuring employer who complies with this division is 975
entitled to the protections provided under this chapter and 976
Chapter 4121. of the Revised Code with respect to the employees 978
of the contractors and subcontractors covered under a certificate 979
issued under this division for death or injuries that arise out 980
of, or death, injuries, or occupational diseases that arise in
the course of, those employees' employment on that construction 982
project, as if the employees were employees of the self-insuring 983
employer, provided that the self-insuring employer also complies 984
with this section. No employee of the contractors and
subcontractors covered under a certificate issued under this 985
division shall be considered the employee of the self-insuring 986
25
employer listed in that certificate for any purposes other than 987
this chapter and Chapter 4121. of the Revised Code. Nothing in 988
this division gives a self-insuring employer authority to control 989
the means, manner, or method of employment of the employees of 990
the contractors and subcontractors covered under a certificate 991
issued under this division. 992
The contractors and subcontractors included under a 994
certificate issued under this division are entitled to the 995
protections provided under this chapter and Chapter 4121. of the 996
Revised Code with respect to the contractor's or subcontractor's 997
employees who are employed on the construction project which is 998
the subject of the certificate, for death or injuries that arise 999
out of, or death, injuries, or occupational diseases that arise 1,000
in the course of, those employees' employment on that 1,001
construction project.
The contractors and subcontractors included under a 1,003
certificate issued under this division shall identify in their 1,004
payroll records the employees who are considered the employees of 1,005
the self-insuring employer listed in that certificate for 1,006
purposes of this chapter and Chapter 4121. of the Revised Code, 1,008
and the amount that those employees earned for employment on the 1,009
construction project that is the subject of that certificate. 1,010
Notwithstanding any provision to the contrary under this chapter
and Chapter 4121. of the Revised Code, the administrator shall 1,013
exclude the payroll that is reported for employees who are 1,014
considered the employees of the self-insuring employer listed in
that certificate, and that the employees earned for employment on 1,015
the construction project that is the subject of that certificate, 1,016
when determining those contractors' or subcontractors' premiums 1,017
or assessments required under this chapter and Chapter 4121. of 1,018
the Revised Code. A self-insuring employer issued a certificate 1,019
under this division shall include in the amount of paid 1,020
compensation it reports pursuant to division (L) of this section, 1,021
the amount of paid compensation the self-insuring employer paid 1,022
26
pursuant to this division for the previous calendar year. 1,023
Nothing in this division shall be construed as altering the 1,025
rights of employees under this chapter and Chapter 4121. of the 1,026
Revised Code as those rights existed prior to September 17, 1996. 1,029
Nothing in this division shall be construed as altering the 1,031
rights devolved under sections 2305.31 and 4123.82 of the Revised 1,032
Code as those rights existed prior to September 17, 1996. 1,033
As used in this division, "privilege to self-insure a 1,035
construction project" means privilege to pay individually 1,036
compensation, and to furnish medical, surgical, nursing, and 1,037
hospital services and attention and funeral expenses directly to 1,038
injured employees or the dependents of killed employees. 1,039
(P) A self-insuring employer whose application is granted 1,041
under division (O) of this section shall designate a safety 1,043
professional to be responsible for the administration and 1,045
enforcement of the safety program that is specifically designed 1,046
for the construction project that is the subject of the 1,047
application.
A self-insuring employer whose application is granted under 1,049
division (O) of this section shall employ an ombudsperson for the 1,051
construction project that is the subject of the application. The 1,052
ombudsperson shall have experience in workers' compensation or 1,053
the construction industry, or both. The ombudsperson shall 1,054
perform all of the following duties:
(1) Communicate with and provide information to employees 1,056
who are injured in the course of, or whose injury arises out of 1,057
employment on the construction project, or who contract an 1,058
occupational disease in the course of employment on the 1,059
construction project;
(2) Investigate the status of a claim upon the request of 1,061
an employee to do so; 1,062
(3) Provide information to claimants, third party 1,064
administrators, employers, and other persons to assist those 1,065
persons in protecting their rights under this chapter and Chapter 1,066
27
4121. of the Revised Code. 1,067
A self-insuring employer whose application is granted under 1,069
division (O) of this section shall post the name of the safety 1,071
professional and the ombudsperson and instructions for contacting
the safety professional and the ombudsperson in a conspicuous 1,072
place at the site of the construction project. 1,073
(Q) The administrator may consider all of the following 1,076
when deciding whether to grant a self-insuring employer the 1,077
privilege to self-insure a construction project as provided under 1,078
division (O) of this section: 1,079
(1) Whether the self-insuring employer has an 1,081
organizational plan for the administration of the workers' 1,082
compensation law; 1,083
(2) Whether the safety program that is specifically 1,085
designed for the construction project provides for the safety of 1,086
employees employed on the construction project, is applicable to 1,088
all contractors and subcontractors who perform labor or work or 1,089
provide materials for the construction project, and has a
component, a safety training program that complies with standards 1,090
adopted pursuant to the "Occupational Safety and Health Act of 1,091
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for 1,092
continuing management and employee involvement; 1,093
(3) Whether granting the privilege to self-insure the 1,095
construction project will reduce the costs of the construction 1,096
project; 1,097
(4) Whether the self-insuring employer has employed an 1,099
ombudsperson as required under division (P) of this section; 1,101
(5) Whether the self-insuring employer has sufficient 1,103
surety to secure the payment of claims for which the 1,104
self-insuring employer would be responsible pursuant to the 1,105
granting of the privilege to self-insure a construction project 1,106
under division (O) of this section. 1,108
(R) AS USED IN THIS SECTION: 1,110
(1) "UNVOTED DEBT CAPACITY" MEANS THE AMOUNT OF MONEY THAT 1,113
28
A PUBLIC EMPLOYER MAY BORROW WITHOUT VOTER APPROVAL OF A TAX 1,114
LEVY;
(2) "STATE INSTITUTION OF HIGHER EDUCATION" MEANS THE 1,116
STATE UNIVERSITIES LISTED IN SECTION 3345.011 OF THE REVISED 1,117
CODE, COMMUNITY COLLEGES CREATED PURSUANT TO CHAPTER 3354. OF THE 1,118
REVISED CODE, UNIVERSITY BRANCHES CREATED PURSUANT TO CHAPTER 1,120
3355. OF THE REVISED CODE, TECHNICAL COLLEGES CREATED PURSUANT TO 1,122
CHAPTER 3357. OF THE REVISED CODE, AND STATE COMMUNITY COLLEGES 1,124
CREATED PURSUANT TO CHAPTER 3358. OF THE REVISED CODE. 1,125
Sec. 4123.353. (A) A PUBLIC EMPLOYER, EXCEPT FOR A BOARD 1,127
OF COUNTY COMMISSIONERS DESCRIBED IN DIVISION (G) OF SECTION 1,128
4123.01 OF THE REVISED CODE, A BOARD OF A COUNTY HOSPITAL, OR A 1,129
PUBLICLY OWNED UTILITY, WHO IS GRANTED THE STATUS OF 1,131
SELF-INSURING EMPLOYER PURSUANT TO SECTION 4123.35 OF THE REVISED 1,132
CODE SHALL DO ALL OF THE FOLLOWING: 1,133
(1) RESERVE FUNDS AS NECESSARY, IN ACCORDANCE WITH SOUND 1,135
AND PRUDENT ACTUARIAL JUDGMENT, TO COVER THE COSTS THE PUBLIC 1,136
EMPLOYER MAY POTENTIALLY INCUR TO REMAIN IN COMPLIANCE WITH THIS 1,137
CHAPTER AND CHAPTER 4121. OF THE REVISED CODE; 1,139
(2) INCLUDE ALL ACTIVITY UNDER THIS CHAPTER AND CHAPTER 1,141
4121. OF THE REVISED CODE IN A SINGLE FUND ON THE PUBLIC 1,142
EMPLOYER'S ACCOUNTING RECORDS; 1,143
(3) WITHIN NINETY DAYS AFTER THE LAST DAY OF EACH FISCAL 1,145
YEAR, PREPARE AND MAINTAIN A REPORT OF THE RESERVED FUNDS 1,146
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION AND DISBURSEMENTS 1,147
MADE FROM THOSE RESERVED FUNDS; 1,148
(4) WITHIN NINETY DAYS AFTER THE LAST DAY OF EACH FISCAL 1,150
YEAR, OBTAIN A WRITTEN REPORT PREPARED BY A MEMBER OF THE 1,151
AMERICAN ACADEMY OF ACTUARIES, CERTIFYING WHETHER THE RESERVED 1,152
FUNDS DESCRIBED IN DIVISION (A)(1) OF THIS SECTION ARE SUFFICIENT 1,153
TO COVER THE COSTS THE PUBLIC EMPLOYER MAY POTENTIALLY INCUR TO 1,154
REMAIN IN COMPLIANCE WITH THIS CHAPTER AND CHAPTER 4121. OF THE 1,155
REVISED CODE, ARE COMPUTED IN ACCORDANCE WITH ACCEPTED LOSS 1,156
RESERVING STANDARDS, AND ARE FAIRLY STATED IN ACCORDANCE WITH 1,157
29
SOUND LOSS RESERVING PRINCIPLES.
(B) A PUBLIC EMPLOYER WHO IS SUBJECT TO DIVISION (A) OF 1,159
THIS SECTION SHALL MAKE THE REPORTS REQUIRED BY THAT DIVISION 1,160
AVAILABLE FOR INSPECTION BY THE ADMINISTRATOR OF WORKERS'
COMPENSATION AND ANY OTHER PERSON AT ALL REASONABLE TIMES DURING 1,161
REGULAR BUSINESS HOURS.
Section 2. That existing sections 4123.01 and 4123.35 of 1,163
the Revised Code are hereby repealed. 1,164