As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 266 5
1999-2000 6
SENATOR HORN 8
_________________________________________________________________ 10
A B I L L
To amend sections 4123.01 and 4123.35 and to enact 12
section 4123.353 of the Revised Code to permit 14
public employers, including state institutions of
higher education but not including other state 15
entities, to become self-insuring employers for 16
purposes of the Workers' Compensation Law. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 4123.01 and 4123.35 be amended 21
and section 4123.353 of the Revised Code be enacted to read as 23
follows:
Sec. 4123.01. As used in this chapter: 32
(A)(1) "Employee" means: 34
(a) Every person in the service of the state, or of any 36
county, municipal corporation, township, or school district 37
therein, including regular members of lawfully constituted police 38
and fire departments of municipal corporations and townships, 39
whether paid or volunteer, and wherever serving within the state 40
or on temporary assignment outside thereof, and executive 41
officers of boards of education, under any appointment or 42
contract of hire, express or implied, oral or written, including 43
any elected official of the state, or of any county, municipal 44
corporation, or township, or members of boards of education;. 45
As used in division (A)(1)(a) of this section, the term 48
"regular members of lawfully constituted police and fire
departments" includes the following persons when the person 49
responds to an inherently dangerous situation that calls for an 50
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immediate response on the part of the person, regardless of 51
whether the person is within the limits of the jurisdiction of 52
the person's regular employment or voluntary service when 53
responding, on the condition that the person responds to the 54
situation as the person otherwise would if the person were on 55
duty in the person's jurisdiction.:
(i) Off-duty peace officers. As used in division 57
(A)(1)(a)(i) of this section, "peace officer" means a member of 59
the organized police department of any municipal corporation, 60
including a member of the organized police department of a 61
municipal corporation in an adjoining state serving in Ohio under 62
a contract pursuant to section 737.04 of the Revised Code, member 64
of a police force employed by a metropolitan housing authority 65
under division (D) of section 3735.31 of the Revised Code, member 68
of a police force employed by a regional transit authority under
division (Y) of section 306.05 of the Revised Code, state 71
university law enforcement officer appointed under section
3345.04 of the Revised Code, Ohio veterans' home police officer 73
appointed under section 5907.02 of the Revised Code, police 75
constable of any township, police officer of a township or joint 76
township police district, state highway patrol trooper, and 77
member of a qualified nonprofit corporation police department 78
established pursuant to section 1702.80 of the Revised Code.
As used in division (A)(1)(a) of this section with respect 81
to off-duty peace officers, "jurisdiction" means the limits of 82
the municipal corporation, township, metropolitan housing
authority housing project, regional transit authority facilities 83
or areas of a municipal corporation that have been agreed to by a 84
regional transit authority and a municipal corporation located 85
within its territorial jurisdiction, college, university, or Ohio 86
veterans' home in which the peace officer is appointed, employed, 87
or elected.
(ii) Off-duty firefighters, whether paid or volunteer, of 89
a lawfully constituted fire department. As used in division 90
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(A)(1)(a) of this section with respect to off-duty firefighters, 92
"jurisdiction" means the limits of the political subdivision, 93
joint ambulance district, fire district, or joint fire district 94
in which the firefighter is appointed or employed.
(iii) Off-duty first responders, emergency medical 96
technicians-basic, emergency medical technicians-intermediate, or 97
emergency medical technicians-paramedic, whether paid or 98
volunteer, of an ambulance service organization or emergency 99
medical service organization pursuant to Chapter 4765. of the 100
Revised Code. As used in division (A)(1)(a) of this section with 103
respect to off-duty first responders and emergency medical
technicians, "jurisdiction" means the limits of the political 104
subdivision or joint ambulance district in which the first 106
responder or emergency medical technician is employed or 107
volunteers as a first responder or emergency medical technician. 108
(b) Every person in the service of any person, firm, or 110
private corporation, including any public service corporation, 111
that (i) employs one or more persons regularly in the same 112
business or in or about the same establishment under any contract 113
of hire, express or implied, oral or written, including aliens 114
and minors, household workers who earn one hundred sixty dollars 115
or more in cash in any calendar quarter from a single household 116
and casual workers who earn one hundred sixty dollars or more in 117
cash in any calendar quarter from a single employer, or (ii) is 118
bound by any such contract of hire or by any other written 119
contract, to pay into the state insurance fund the premiums 120
provided by this chapter. 121
(c) Every person who performs labor or provides services 124
pursuant to a construction contract, as defined in section 125
4123.79 of the Revised Code, if at least ten of the following
criteria apply:
(i) The person is required to comply with instructions 128
from the other contracting party regarding the manner or method 129
of performing services;
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(ii) The person is required by the other contracting party 132
to have particular training;
(iii) The person's services are integrated into the 135
regular functioning of the other contracting party; 136
(iv) The person is required to perform the work 138
personally;
(v) The person is hired, supervised, or paid by the other 140
contracting party;
(vi) A continuing relationship exists between the person 143
and the other contracting party that contemplates continuing or 144
recurring work even if the work is not full time; 145
(vii) The person's hours of work are established by the 148
other contracting party;
(viii) The person is required to devote full time to the 151
business of the other contracting party;
(ix) The person is required to perform the work on the 154
premises of the other contracting party;
(x) The person is required to follow the order of work set 157
by the other contracting party;
(xi) The person is required to make oral or written 160
reports of progress to the other contracting party; 161
(xii) The person is paid for services on a regular basis 164
such as hourly, weekly, or monthly;
(xiii) The person's expenses are paid for by the other 166
contracting party;
(xiv) The person's tools and materials are furnished by 169
the other contracting party;
(xv) The person is provided with the facilities used to 171
perform services;
(xvi) The person does not realize a profit or suffer a 174
loss as a result of the services provided;
(xvii) The person is not performing services for a number 177
of employers at the same time;
(xviii) The person does not make the same services 179
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available to the general public; 180
(xix) The other contracting party has a right to discharge 183
the person;
(xx) The person has the right to end the relationship with 186
the other contracting party without incurring liability pursuant 187
to an employment contract or agreement. 188
Every person in the service of any independent contractor 190
or subcontractor who has failed to pay into the state insurance 191
fund the amount of premium determined and fixed by the 192
administrator of workers' compensation for the person's 193
employment or occupation or if a self-insuring employer has 194
failed to pay compensation and benefits directly to the 195
employer's injured and to the dependents of the employer's killed 196
employees as required by section 4123.35 of the Revised Code, 198
shall be considered as the employee of the person who has entered 199
into a contract, whether written or verbal, with such independent 200
contractor unless such employees or their legal representatives 201
or beneficiaries elect, after injury or death, to regard such 202
independent contractor as the employer.
(2) "Employee" does not mean: 204
(a) A duly ordained, commissioned, or licensed minister or 206
assistant or associate minister of a church in the exercise of 207
ministry; or 208
(b) Any officer of a family farm corporation. 210
Any employer may elect to include as an "employee" within 212
this chapter, any person excluded from the definition of 213
"employee" pursuant to division (A)(2) of this section. If an 214
employer is a partnership, sole proprietorship, or family farm 215
corporation, such employer may elect to include as an "employee" 216
within this chapter, any member of such partnership, the owner of 217
the sole proprietorship, or the officers of the family farm 218
corporation. In the event of an election, the employer shall 219
serve upon the bureau of workers' compensation written notice 220
naming the persons to be covered, include such employee's 221
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remuneration for premium purposes in all future payroll reports, 222
and no person excluded from the definition of "employee" pursuant 223
to division (A)(2) of this section, proprietor, or partner shall 224
be deemed an employee within this division until the employer has 225
served such notice. 226
For informational purposes only, the bureau shall prescribe 228
such language as it considers appropriate, on such of its forms 229
as it considers appropriate, to advise employers of their right 230
to elect to include as an "employee" within this chapter a sole 231
proprietor, any member of a partnership, the officers of a family 232
farm corporation, or a person excluded from the definition of 233
"employee" under division (A)(2)(a) of this section, that they 234
should check any health and disability insurance policy, or other 235
form of health and disability plan or contract, presently 236
covering them, or the purchase of which they may be considering, 237
to determine whether such policy, plan, or contract excludes 238
benefits for illness or injury that they might have elected to 239
have covered by workers' compensation. 240
(B) "Employer" means: 242
(1) The state, including state hospitals, each county, 244
municipal corporation, township, school district, and hospital 245
owned by a political subdivision or subdivisions other than the 246
state; 247
(2) Every person, firm, and private corporation, including 249
any public service corporation, that (a) has in service one or 250
more employees regularly in the same business or in or about the 251
same establishment under any contract of hire, express or 252
implied, oral or written, or (b) is bound by any such contract of 253
hire or by any other written contract, to pay into the insurance 254
fund the premiums provided by this chapter. 255
All such employers are subject to this chapter. Any member 257
of a firm or association, who regularly performs manual labor in 258
or about a mine, factory, or other establishment, including a 259
household establishment, shall be considered an employee in 260
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determining whether such person, firm, or private corporation, or 261
public service corporation, has in its service, one or more 262
employees and the employer shall report the income derived from 263
such labor to the bureau as part of the payroll of such employer, 264
and such member shall thereupon be entitled to all the benefits 265
of an employee. 266
(C) "Injury" includes any injury, whether caused by 268
external accidental means or accidental in character and result, 269
received in the course of, and arising out of, the injured 270
employee's employment. "Injury" does not include: 271
(1) Psychiatric conditions except where the conditions 273
have arisen from an injury or occupational disease; 274
(2) Injury or disability caused primarily by the natural 277
deterioration of tissue, an organ, or part of the body; 278
(3) Injury or disability incurred in voluntary 280
participation in an employer-sponsored recreation or fitness 281
activity if the employee signs a waiver of the employee's right 282
to compensation or benefits under this chapter prior to engaging 283
in the recreation or fitness activity. 284
(D) "Child" includes a posthumous child and a child 286
legally adopted prior to the injury. 287
(E) "Family farm corporation" means a corporation founded 289
for the purpose of farming agricultural land in which the 290
majority of the voting stock is held by and the majority of the 291
stockholders are persons or the spouse of persons related to each 292
other within the fourth degree of kinship, according to the rules 293
of the civil law, and at least one of the related persons is 294
residing on or actively operating the farm, and none of whose 295
stockholders are a corporation. A family farm corporation does 296
not cease to qualify under this division where, by reason of any 297
devise, bequest, or the operation of the laws of descent or 298
distribution, the ownership of shares of voting stock is 299
transferred to another person, as long as that person is within 300
the degree of kinship stipulated in this division. 301
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(F) "Occupational disease" means a disease contracted in 303
the course of employment, which by its causes and the 304
characteristics of its manifestation or the condition of the 305
employment results in a hazard which distinguishes the employment 306
in character from employment generally, and the employment
creates a risk of contracting the disease in greater degree and 307
in a different manner from the public in general. 308
(G) "Self-insuring employer" means any of the following 310
categories of employers if AN EMPLOYER WHO IS granted the 311
privilege of paying compensation and benefits directly under 313
section 4123.35 of the Revised Code: 314
(1) Any employer mentioned in division (B)(2) of this 316
section; 317
(2) A board of county hospital trustees; 319
(3) A publicly owned utility; 321
(4) A, INCLUDING A board of county commissioners for the 323
sole purpose of constructing a sports facility as defined in 325
section 307.696 of the Revised Code, provided that the electors 326
of the county in which the sports facility is to be built have 327
approved construction of a sports facility by ballot election no 328
later than November 6, 1997. 329
(H) "PUBLIC EMPLOYER" MEANS AN EMPLOYER AS DEFINED IN 331
DIVISION (B)(1) OF THIS SECTION. 332
Sec. 4123.35. (A) Except as provided in this section, 341
every employer mentioned in division (B)(2) of section 4123.01 of 342
the Revised Code, and every publicly owned utility shall pay 343
semiannually in the months of January and July into the state 345
insurance fund the amount of annual premium the administrator of 346
workers' compensation fixes for the employment or occupation of 347
the employer, the amount of which premium to be paid by each 348
employer to be determined by the classifications, rules, and 349
rates made and published by the administrator. The employer
shall pay semiannually a further sum of money into the state 350
insurance fund as may be ascertained to be due from the employer 353
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by applying the rules of the administrator, and a receipt or 354
certificate certifying that payment has been made shall be mailed 356
immediately to the employer by the bureau of workers'
compensation. The receipt or certificate is prima-facie evidence 357
of the payment of the premium. 359
The bureau of workers' compensation shall verify with the 361
secretary of state the existence of all corporations and 362
organizations making application for workers' compensation 363
coverage and shall require every such application to include the 364
employer's federal identification number. 365
An employer as defined in division (B)(2) of section 367
4123.01 of the Revised Code who has contracted with a 368
subcontractor is liable for the unpaid premium due from any 369
subcontractor with respect to that part of the payroll of the 370
subcontractor that is for work performed pursuant to the contract 372
with the employer.
Division (A) of this section providing for the payment of 376
premiums semiannually does not apply to any employer who was a
subscriber to the state insurance fund prior to January 1, 1914, 377
or who may first become a subscriber to the fund in any month 378
other than January or July. Instead, the semiannual premiums 379
shall be paid by those employers from time to time upon the 380
expiration of the respective periods for which payments into the 381
fund have been made by them.
The administrator shall adopt rules to permit employers to 383
make periodic payments of the semiannual premium due under this 384
division. The rules shall include provisions for the assessment 385
of interest charges, where appropriate, and for the assessment of 386
penalties when an employer fails to make timely premium payments. 388
An employer who timely pays the amounts due under this division 389
is entitled to all of the benefits and protections of this 390
chapter. Upon receipt of payment, the bureau immediately shall 391
mail a receipt or certificate to the employer certifying that
payment has been made, which receipt is prima-facie evidence of 393
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payment. Workers' compensation coverage under this chapter 394
continues uninterrupted upon timely receipt of payment under this 395
division.
Every PUBLIC employer mentioned in division (B)(1) of 397
section 4123.01 of the Revised Code, except boards of county 398
hospital trustees PUBLIC EMPLOYERS that are self-insuring 399
employers under this section, shall comply with sections 4123.38 401
to 4123.41, and 4123.48 of the Revised Code in regard to the 403
contribution of moneys to the public insurance fund. 404
(B) Provided, that employers mentioned in division (B)(2) 406
of section 4123.01 of the Revised Code, boards of county hospital 407
trustees, and publicly owned utilities EMPLOYERS who will abide 408
by the rules of the administrator and who may be of sufficient 410
financial ability to render certain the payment of compensation 411
to injured employees or the dependents of killed employees, and 412
the furnishing of medical, surgical, nursing, and hospital 413
attention and services and medicines, and funeral expenses, equal 414
to or greater than is provided for in sections 4123.52, 4123.55 415
to 4123.62, and 4123.64 to 4123.67 of the Revised Code, and who 416
do not desire to insure the payment thereof or indemnify 417
themselves against loss sustained by the direct payment thereof, 418
upon a finding of such facts by the administrator, may be granted 419
the privilege to pay individually compensation, and furnish 422
medical, surgical, nursing, and hospital services and attention 423
and funeral expenses directly to injured employees or the 424
dependents of killed employees, thereby being granted status as a 426
self-insuring employer. The administrator may charge employers, 427
boards of county hospital trustees, or publicly owned utilities 428
who apply for the status as a self-insuring employer a reasonable 429
application fee to cover the bureau's costs in connection with 430
processing and making a determination with respect to an 431
application. All
ALL employers granted such status shall demonstrate 434
sufficient financial and administrative ability to assure that 435
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all obligations under this section are promptly met. The 436
administrator shall deny the privilege where the employer is 437
unable to demonstrate the employer's ability to promptly meet all 438
the obligations imposed on the employer by this section. The 439
(1) THE administrator shall consider, but is not limited 442
to, the following factors, where applicable, in determining the 443
employer's ability to meet all of the obligations imposed on the 444
employer by this section: 445
(1)(a) The employer employs a minimum of five hundred 447
employees in this state; 448
(2)(b) The employer has operated in this state for a 450
minimum of two years, provided that an employer who has 451
purchased, acquired, or otherwise succeeded to the operation of a 452
business, or any part thereof, situated in this state that has 453
operated for at least two years in this state, also shall 454
qualify;
(3)(c) Where the employer previously contributed to the 456
state insurance fund or is a successor employer as defined by 457
bureau rules, the amount of the buy-out BUYOUT, as defined by 458
bureau rules; 459
(4)(d) The sufficiency of the employer's assets located in 461
this state to insure the employer's solvency in paying 462
compensation directly; 463
(5)(e) The financial records, documents, and data, 465
certified by a certified public accountant, necessary to provide 466
the employer's full financial disclosure. The records, 467
documents, and data include, but are not limited to, balance 468
sheets and profit and loss history for the current year and 469
previous four years. 470
(6)(f) The employer's organizational plan for the 472
administration of the workers' compensation law; 473
(7)(g) The employer's proposed plan to inform employees of 475
the change from a state fund insurer to a self-insuring employer, 476
the procedures the employer will follow as a self-insuring 477
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employer, and the employees' rights to compensation and benefits; 478
and 479
(8)(h) The employer has either an account in a financial 481
institution in this state, or if the employer maintains an 482
account with a financial institution outside this state, ensures 483
that workers' compensation checks are drawn from the same account 484
as payroll checks or the employer clearly indicates that payment 485
will be honored by a financial institution in this state. 486
The administrator may waive the requirements of divisions 488
(B)(1)(a) and (2)(b) of this section and the requirement of 490
division (B)(5)(1)(e) of this section that the financial records, 491
documents, and data be certified by a certified public 493
accountant. The administrator shall adopt rules establishing the 494
criteria that an employer shall meet in order for the 495
administrator to waive the requirement of division (B)(5)(1)(e) 496
of this section. Such rules may require additional security of 498
that employer pursuant to division (E) of section 4123.351 of the 499
Revised Code. The
THE administrator shall not grant the status of 502
self-insuring employer to any public employer, other than 503
publicly owned utilities and boards of county hospital trustees. 504
THE STATE, EXCEPT THAT THE ADMINISTRATOR MAY GRANT THE STATUS OF 506
SELF-INSURING EMPLOYER TO A STATE INSTITUTION OF HIGHER
EDUCATION, EXCLUDING ITS HOSPITALS, THAT MEETS THE REQUIREMENTS 507
OF DIVISION (B)(2) OF THIS SECTION. 508
(2) WHEN CONSIDERING THE APPLICATION OF A PUBLIC EMPLOYER, 510
EXCEPT FOR A BOARD OF COUNTY COMMISSIONERS DESCRIBED IN DIVISION 511
(G) OF SECTION 4123.01 OF THE REVISED CODE, A BOARD OF A COUNTY 512
HOSPITAL, OR A PUBLICLY OWNED UTILITY, THE ADMINISTRATOR SHALL 514
VERIFY THAT THE PUBLIC EMPLOYER SATISFIES ALL OF THE FOLLOWING 515
REQUIREMENTS AS THE REQUIREMENTS APPLY TO THAT PUBLIC EMPLOYER: 516
(a) FOR THE TWO-YEAR PERIOD PRECEDING APPLICATION UNDER 518
THIS SECTION, THE PUBLIC EMPLOYER HAS MAINTAINED AN UNVOTED DEBT 519
CAPACITY EQUAL TO AT LEAST TWO TIMES THE AMOUNT OF THE CURRENT 522
13
ANNUAL PREMIUM ESTABLISHED BY THE ADMINISTRATOR UNDER THIS
CHAPTER FOR THAT PUBLIC EMPLOYER FOR THE YEAR IMMEDIATELY 523
PRECEDING THE YEAR IN WHICH THE PUBLIC EMPLOYER MAKES APPLICATION 524
UNDER THIS SECTION. 525
(b) FOR EACH OF THE TWO FISCAL YEARS PRECEDING APPLICATION 527
UNDER THIS SECTION, THE UNRESERVED AND UNDESIGNATED YEAR-END FUND 529
BALANCE IN THE PUBLIC EMPLOYER'S GENERAL FUND IS EQUAL TO AT 530
LEAST FIVE PER CENT OF THE PUBLIC EMPLOYER'S GENERAL FUND 531
REVENUES FOR THE FISCAL YEAR COMPUTED IN ACCORDANCE WITH 532
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.
(c) FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER 534
THIS SECTION, THE PUBLIC EMPLOYER, TO THE EXTENT APPLICABLE, HAS 536
COMPLIED FULLY WITH THE CONTINUING DISCLOSURE REQUIREMENTS 537
ESTABLISHED IN RULES ADOPTED BY THE UNITED STATES SECURITIES AND 539
EXCHANGE COMMISSION UNDER 17 C.F.R. 240.15c2-12. 541
(d) FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER 543
THIS SECTION, THE PUBLIC EMPLOYER HAS NOT HAD ITS LOCAL 544
GOVERNMENT FUND DISTRIBUTION WITHHELD ON ACCOUNT OF THE PUBLIC 545
EMPLOYER BEING INDEBTED OR OTHERWISE OBLIGATED TO THE STATE. 546
(e) FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER 548
THIS SECTION, THE PUBLIC EMPLOYER HAS NOT BEEN UNDER A FISCAL 549
WATCH OR FISCAL EMERGENCY PURSUANT TO SECTION 118.023, 118.04, OR 551
3316.03 OF THE REVISED CODE. 552
(f) FOR THE PUBLIC EMPLOYER'S FISCAL YEAR PRECEDING 554
APPLICATION UNDER THIS SECTION, THE PUBLIC EMPLOYER HAS OBTAINED 555
AN ANNUAL FINANCIAL AUDIT AS REQUIRED UNDER SECTION 117.10 OF THE 556
REVISED CODE, WHICH HAS BEEN RELEASED BY THE AUDITOR OF STATE 557
WITHIN SEVEN MONTHS AFTER THE END OF THE PUBLIC EMPLOYER'S FISCAL 558
YEAR.
(g) ON THE DATE OF APPLICATION, THE PUBLIC EMPLOYER HOLDS 560
A DEBT RATING OF AA3 OR HIGHER ACCORDING TO MOODY'S INVESTORS 561
SERVICE, INC., OR A COMPARABLE RATING BY AN INDEPENDENT RATING 562
AGENCY SIMILAR TO MOODY'S INVESTORS SERVICE, INC. 563
(h) THE PUBLIC EMPLOYER AGREES TO GENERATE AN ANNUAL 565
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ACCUMULATING BOOK RESERVE IN ITS FINANCIAL STATEMENTS REFLECTING 566
AN ACTUARIALLY GENERATED RESERVE ADEQUATE TO PAY PROJECTED CLAIMS 568
UNDER THIS CHAPTER FOR THE APPLICABLE PERIOD OF TIME, AS
DETERMINED BY THE ADMINISTRATOR. 569
(i) FOR A PUBLIC EMPLOYER THAT IS A HOSPITAL, THE PUBLIC 571
EMPLOYER SHALL SUBMIT AUDITED FINANCIAL STATEMENTS SHOWING THE 572
HOSPITAL'S OVERALL LIQUIDITY CHARACTERISTICS, AND THE 573
ADMINISTRATOR SHALL DETERMINE, ON AN INDIVIDUAL BASIS, WHETHER 574
THE PUBLIC EMPLOYER SATISFIES LIQUIDITY STANDARDS EQUIVALENT TO 575
THE LIQUIDITY STANDARDS OF OTHER PUBLIC EMPLOYERS. 576
(j) ANY ADDITIONAL CRITERIA THAT THE ADMINISTRATOR ADOPTS 578
BY RULE PURSUANT TO DIVISION (E) OF THIS SECTION. 579
THE ADMINISTRATOR SHALL NOT APPROVE THE APPLICATION OF A 581
PUBLIC EMPLOYER, EXCEPT FOR A BOARD OF COUNTY COMMISSIONERS 582
DESCRIBED IN DIVISION (G) OF SECTION 4123.01 OF THE REVISED CODE, 584
A BOARD OF A COUNTY HOSPITAL, OR PUBLICLY OWNED UTILITY, WHO DOES 585
NOT SATISFY ALL OF THE REQUIREMENTS LISTED IN DIVISION (B)(2) OF 586
THIS SECTION.
(C) Provided, that a A board of county commissioners 588
mentioned DESCRIBED in division (G)(4) of section 4123.01 of the 590
Revised Code, as an employer, that will abide by the rules of the 592
administrator and that may be of sufficient financial ability to 593
render certain the payment of compensation to injured employees 594
or the dependents of killed employees, and the furnishing of 595
medical, surgical, nursing, and hospital attention and services 596
and medicines, and funeral expenses, equal to or greater than is
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 597
to 4123.67 of the Revised Code, and that does not desire to 600
insure the payment thereof or indemnify itself against loss 601
sustained by the direct payment thereof, upon a finding of such 602
facts by the administrator, may be granted the privilege to pay 603
individually compensation, and furnish medical, surgical, 604
nursing, and hospital services and attention and funeral expenses
directly to injured employees or the dependents of killed 605
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employees, thereby being granted status as a self-insuring 606
employer. The administrator may charge a board of county 608
commissioners mentioned DESCRIBED in division (G)(4) of section 609
4123.01 of the Revised Code that applies for the status as a 611
self-insuring employer a reasonable application fee to cover the 612
bureau's costs in connection with processing and making a 613
determination with respect to an application. All employers
granted such status shall demonstrate sufficient financial and 614
administrative ability to assure that all obligations under this 615
section are promptly met. The administrator shall deny the 616
privilege where the employer is unable to demonstrate the 617
employer's ability to promptly meet all the obligations imposed 618
on the employer by this section. The administrator shall 619
consider, but is not limited to, the following factors, where 620
applicable, in determining the employer's ability to meet all of 621
the obligations imposed on the board as an employer by this 622
section:
(1) The board as an employer employs a minimum of five 624
hundred employees in this state; 625
(2) The board has operated in this state for a minimum of 627
two years;
(3) Where the board previously contributed to the state 629
insurance fund or is a successor employer as defined by bureau 630
rules, the amount of the buy-out BUYOUT, as defined by bureau 631
rules;
(4) The sufficiency of the board's assets located in this 633
state to insure the board's solvency in paying compensation 634
directly;
(5) The financial records, documents, and data, certified 636
by a certified public accountant, necessary to provide the 637
board's full financial disclosure. The records, documents, and 638
data include, but are not limited to, balance sheets and profit 639
and loss history for the current year and previous four years. 640
(6) The board's organizational plan for the administration 642
16
of the workers' compensation law; 643
(7) The board's proposed plan to inform employees of the 645
proposed self-insurance, the procedures the board will follow as 646
a self-insuring employer, and the employees' rights to 647
compensation and benefits;
(8) The board has either an account in a financial 649
institution in this state, or if the board maintains an account 651
with a financial institution outside this state, ensures that 652
workers' compensation checks are drawn from the same account as 653
payroll checks or the board clearly indicates that payment will 654
be honored by a financial institution in this state; 655
(9) The board shall provide the administrator a surety 657
bond in an amount equal to one hundred twenty-five per cent of 658
the projected losses as determined by the administrator. 659
(D) The administrator shall require a surety bond from all 661
self-insuring employers, issued pursuant to section 4123.351 of 662
the Revised Code, that is sufficient to compel, or secure to 663
injured employees, or to the dependents of employees killed, the 664
payment of compensation and expenses, which shall in no event be 665
less than that paid or furnished out of the state insurance fund 666
in similar cases to injured employees or to dependents of killed 667
employees whose employers contribute to the fund, except when an 668
employee of the employer, who has suffered the loss of a hand, 669
arm, foot, leg, or eye prior to the injury for which compensation 670
is to be paid, and thereafter suffers the loss of any other of 671
the members as the result of any injury sustained in the course 672
of and arising out of the employee's employment, the compensation 674
to be paid by the self-insuring employer is limited to the
disability suffered in the subsequent injury, additional 675
compensation, if any, to be paid by the bureau out of the surplus 677
created by section 4123.34 of the Revised Code. 678
(E) In addition to the requirements of this section, the 680
administrator shall make and publish rules governing the manner 681
of making application and the nature and extent of the proof 682
17
required to justify a finding of fact by the administrator as to 683
granting the status of a self-insuring employer, which rules 684
shall be general in their application, one of which rules shall 685
provide that all self-insuring employers shall pay into the state 686
insurance fund such amounts as are required to be credited to the 687
surplus fund in division (B) of section 4123.34 of the Revised 688
Code. THE ADMINISTRATOR MAY ADOPT RULES ESTABLISHING 689
REQUIREMENTS IN ADDITION TO THE REQUIREMENTS DESCRIBED IN 690
DIVISION (B)(2) OF THIS SECTION THAT A PUBLIC EMPLOYER SHALL MEET 691
IN ORDER TO QUALIFY FOR SELF-INSURING STATUS. 692
Employers shall secure directly from the bureau central 694
offices application forms upon which the bureau shall stamp a 695
designating number. Prior to submission of an application, an 696
employer shall make available to the bureau, and the bureau shall 697
review, the information described in divisions DIVISION (B)(1) to 699
(8) of this section, AND PUBLIC EMPLOYERS SHALL MAKE AVAILABLE, 700
AND THE BUREAU SHALL REVIEW, THE INFORMATION NECESSARY TO VERIFY 701
WHETHER THE PUBLIC EMPLOYER MEETS THE REQUIREMENTS LISTED IN 702
DIVISION (B)(2) OF THIS SECTION. An employer shall file the 703
completed application forms with an application fee, which shall 704
cover the costs of processing the application, as established by 705
the administrator, by rule, with the bureau at least ninety days 706
prior to the effective date of the employer's new status as a 707
self-insuring employer. The application form is not deemed 708
complete until all the required information is attached thereto. 709
The bureau shall only accept applications that contain the 710
required information.
(F) The bureau shall review completed applications within 712
a reasonable time. If the bureau determines to grant an employer 713
the status as a self-insuring employer, the bureau shall issue a 714
statement, containing its findings of fact, that is prepared by 715
the bureau and signed by the administrator. If the bureau 716
determines not to grant the status as a self-insuring employer, 717
the bureau shall notify the employer of the determination and 718
18
require the employer to continue to pay its full premium into the 719
state insurance fund. The administrator also shall adopt rules 720
establishing a minimum level of performance as a criterion for 721
granting and maintaining the status as a self-insuring employer 722
and fixing time limits beyond which failure of the self-insuring 723
employer to provide for the necessary medical examinations and 724
evaluations may not delay a decision on a claim. 725
(G) The administrator shall adopt rules setting forth 727
procedures for auditing the program of self-insuring employers. 728
The bureau shall conduct the audit upon a random basis or 729
whenever the bureau has grounds for believing that an A 730
SELF-INSURING employer is not in full compliance with bureau 732
rules or this chapter.
The administrator shall monitor the programs conducted by 734
self-insuring employers, to ensure compliance with bureau 735
requirements and for that purpose, shall develop and issue to 736
self-insuring employers standardized forms for use by the 737
SELF-INSURING employer in all aspects of the SELF-INSURING 738
employers' direct compensation program and for reporting of 740
information to the bureau.
The bureau shall receive and transmit to the SELF-INSURING 742
employer all complaints concerning any self-insuring employer. 743
In the case of a complaint against a self-insuring employer, the 744
administrator shall handle the complaint through the 745
self-insurance division of the bureau. The bureau shall maintain 746
a file by employer of all complaints received that relate to the 747
employer. The bureau shall evaluate each complaint and take 748
appropriate action.
The administrator shall adopt as a rule a prohibition 750
against any self-insuring employer from harassing, dismissing, or 751
otherwise disciplining any employee making a complaint, which 752
rule shall provide for a financial penalty to be levied by the 753
administrator payable by the offending SELF-INSURING employer. 754
(H) For the purpose of making determinations as to whether 756
19
to grant status as a self-insuring employer, the administrator 757
may subscribe to and pay for a credit reporting service that 758
offers financial and other business information about individual 759
employers. The costs in connection with the bureau's 760
subscription or individual reports from the service about an 761
applicant may be included in the application fee charged 762
employers under this section. 763
(I) The administrator, notwithstanding other provisions of 766
this chapter, may permit a self-insuring employer to resume 767
payment of premiums to the state insurance fund with appropriate 768
credit modifications to the employer's basic premium rate as such 769
rate is determined pursuant to section 4123.29 of the Revised 770
Code.
(J) On the first day of July of each year, the 772
administrator shall calculate separately each self-insuring 773
employer's assessments for the safety and hygiene fund, 774
administrative costs pursuant to section 4123.342 of the Revised 775
Code, and for the portion of the surplus fund under division (B) 776
of section 4123.34 of the Revised Code that is not used for 777
handicapped reimbursement, on the basis of the paid compensation 778
attributable to the individual self-insuring employer according 779
to the following calculation: 780
(1) The total assessment against all self-insuring 782
employers as a class for each fund and for the administrative 783
costs for the year that the assessment is being made, as 784
determined by the administrator, divided by the total amount of 785
paid compensation for the previous calendar year attributable to 786
all amenable self-insuring employers; 787
(2) Multiply the quotient in division (J)(1) of this 789
section by the total amount of paid compensation for the previous 790
calendar year that is attributable to the individual 791
self-insuring employer for whom the assessment is being 792
determined. Each self-insuring employer shall pay the assessment 793
that results from this calculation, unless the assessment 794
20
resulting from this calculation falls below a minimum assessment, 795
which minimum assessment the administrator shall determine on the 796
first day of July of each year with the advice and consent of the 797
workers' compensation oversight commission, in which event, the 798
self-insuring employer shall pay the minimum assessment. 799
In determining the total amount due for the total 801
assessment against all self-insuring employers as a class for 802
each fund and the administrative assessment, the administrator 803
shall reduce proportionately the total for each fund and 805
assessment by the amount of money in the self-insurance 806
assessment fund as of the date of the computation of the 807
assessment. 808
The administrator shall calculate the assessment for the 810
portion of the surplus fund under division (B) of section 4123.34 811
of the Revised Code that is used for handicapped reimbursement in 812
the same manner as set forth in divisions (J)(1) and (2) of this 814
section except that the administrator shall calculate the total 815
assessment for this portion of the surplus fund only on the basis 816
of those self-insuring employers that retain participation in the 817
handicapped reimbursement program and the individual 818
self-insuring employer's proportion of paid compensation shall be 819
calculated only for those self-insuring employers who retain 820
participation in the handicapped reimbursement program. The 821
administrator, as the administrator determines appropriate, may 823
determine the total assessment for the handicapped portion of the 824
surplus fund in accordance with sound actuarial principles. 825
The administrator shall calculate the assessment for the 827
portion of the surplus fund under division (B) of section 4123.34 828
of the Revised Code that under division (D) of section 4121.66 of 829
the Revised Code is used for rehabilitation costs in the same 830
manner as set forth in divisions (J)(1) and (2) of this section, 832
except that the administrator shall calculate the total 833
assessment for this portion of the surplus fund only on the basis 834
of those self-insuring employers who have not made the election 835
21
to make payments directly under division (D) of section 4121.66 836
of the Revised Code and an individual self-insuring employer's 837
proportion of paid compensation only for those self-insuring 838
employers who have not made that election. 839
An employer who no longer is a self-insuring employer in 841
this state or who no longer is operating in this state, shall 842
continue to pay assessments for administrative costs and for the 843
portion of the surplus fund under division (B) of section 4123.34 844
of the Revised Code that is not used for handicapped 845
reimbursement, based upon paid compensation attributable to 846
claims that occurred while the employer was a self-insuring 847
employer within this state. 848
(K) There is hereby created in the state treasury the 850
self-insurance assessment fund. All investment earnings of the 851
fund shall be deposited in the fund. The administrator shall use 852
the money in the self-insurance assessment fund only for 853
administrative costs as specified in section 4123.341 of the 854
Revised Code. 855
(L) Every self-insuring employer shall certify, in 857
affidavit form subject to the penalty for perjury, to the bureau 858
the amount of the self-insuring employer's paid compensation for 859
the previous calendar year. In reporting paid compensation paid 860
for the previous year, a self-insuring employer shall exclude 861
from the total amount of paid compensation any reimbursement the 862
SELF-INSURING employer receives in the previous calendar year 864
from the surplus fund pursuant to section 4123.512 of the Revised 865
Code for any paid compensation. The self-insuring employer also 866
shall exclude from the paid compensation reported any amount 867
recovered under section 4123.93 of the Revised Code and any 868
amount that is determined not to have been payable to or on 869
behalf of a claimant in any final administrative or judicial 870
proceeding. The self-insuring employer shall exclude such 871
amounts from the paid compensation reported in the reporting 872
period subsequent to the date the determination is made. The 873
22
administrator shall adopt rules, in accordance with Chapter 119. 874
of the Revised Code, establishing the date by which self-insuring 875
employers must submit such information and the amount of the 876
assessments provided for in division (J) of this section for 877
employers who have been granted self-insuring status within the 879
last calendar year. 880
The administrator shall include any assessment that remains 882
unpaid for previous assessment periods in the calculation and 883
collection of any assessments due under this division or division 884
(J) of this section. 885
(M) As used in this section, "paid compensation" means all 887
amounts paid by a self-insuring employer for living maintenance 888
benefits, all amounts for compensation paid pursuant to sections 889
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, 890
and 4123.64 of the Revised Code, all amounts paid as wages in 891
lieu of such compensation, all amounts paid in lieu of such 892
compensation under a nonoccupational accident and sickness 893
program fully funded by the self-insuring employer, and all 894
amounts paid by a self-insuring employer for a violation of a 895
specific safety standard pursuant to Section 35 of Article II, 896
Ohio Constitution and section 4121.47 of the Revised Code. 897
(N) Should any section of this chapter or Chapter 4121. of 899
the Revised Code providing for self-insuring employers' 900
assessments based upon compensation paid be declared 901
unconstitutional by a final decision of any court, then that 902
section of the Revised Code declared unconstitutional shall 903
revert back to the section in existence prior to November 3, 904
1989, providing for assessments based upon payroll. 905
(O) The administrator may grant a self-insuring employer 907
the privilege to self-insure a construction project entered into 909
by the self-insuring employer that is scheduled for completion 910
within six years after the date the project begins, and the total 911
cost of which is estimated to exceed one hundred million dollars. 913
The administrator may waive such cost and time criteria and grant 914
23
a self-insuring employer the privilege to self-insure a
construction project regardless of the time needed to complete 915
the construction project and provided that the cost of the 916
construction project is estimated to exceed fifty million 917
dollars. A self-insuring employer who desires to self-insure a 919
construction project shall submit to the administrator an
application listing the dates the construction project is 920
scheduled to begin and end, the estimated cost of the 922
construction project, the contractors and subcontractors whose
employees are to be self-insured by the self-insuring employer, 923
the provisions of a safety program that is specifically designed 924
for the construction project, and a statement as to whether a 925
collective bargaining agreement governing the rights, duties, and 926
obligations of each of the parties to the agreement with respect 927
to the construction project exists between the self-insuring 928
employer and a labor organization. 929
A self-insuring employer may apply to self-insure the 931
employees of either of the following: 932
(1) All contractors and subcontractors who perform labor 934
or work or provide materials for the construction project; 935
(2) All contractors and, at the administrator's 937
discretion, a substantial number of all the subcontractors who 938
perform labor or work or provide materials for the construction 939
project.
Upon approval of the application, the administrator shall 941
mail a certificate granting the privilege to self-insure the 942
construction project to the self-insuring employer. The 943
certificate shall contain the name of the self-insuring employer 944
and the name, address, and telephone number of the self-insuring 945
employer's representatives who are responsible for administering
workers' compensation claims for the construction project. The 946
self-insuring employer shall post the certificate in a 947
conspicuous place at the site of the construction project. 948
The administrator shall maintain a record of the 950
24
contractors and subcontractors whose employees are covered under 951
the certificate issued to the self-insured employer. A 952
self-insuring employer immediately shall notify the administrator 953
when any contractor or subcontractor is added or eliminated from 954
inclusion under the certificate.
Upon approval of the application, the self-insuring 956
employer is responsible for the administration and payment of all 957
claims under this chapter and Chapter 4121. of the Revised Code 958
for the employees of the contractor and subcontractors covered 959
under the certificate who receive injuries or are killed in the 960
course of and arising out of employment on the construction 962
project, or who contract an occupational disease in the course of 963
employment on the construction project. For purposes of this
chapter and Chapter 4121. of the Revised Code, a claim that is 965
administered and paid in accordance with this division is
considered a claim against the self-insuring employer listed in 966
the certificate. A contractor or subcontractor included under 967
the certificate shall report to the self-insuring employer listed 968
in the certificate, all claims that arise under this chapter and 969
Chapter 4121. of the Revised Code in connection with the 971
construction project for which the certificate is issued. 972
A self-insuring employer who complies with this division is 974
entitled to the protections provided under this chapter and 975
Chapter 4121. of the Revised Code with respect to the employees 977
of the contractors and subcontractors covered under a certificate 978
issued under this division for death or injuries that arise out 979
of, or death, injuries, or occupational diseases that arise in
the course of, those employees' employment on that construction 981
project, as if the employees were employees of the self-insuring 982
employer, provided that the self-insuring employer also complies 983
with this section. No employee of the contractors and
subcontractors covered under a certificate issued under this 984
division shall be considered the employee of the self-insuring 985
employer listed in that certificate for any purposes other than 986
25
this chapter and Chapter 4121. of the Revised Code. Nothing in 987
this division gives a self-insuring employer authority to control 988
the means, manner, or method of employment of the employees of 989
the contractors and subcontractors covered under a certificate 990
issued under this division. 991
The contractors and subcontractors included under a 993
certificate issued under this division are entitled to the 994
protections provided under this chapter and Chapter 4121. of the 995
Revised Code with respect to the contractor's or subcontractor's 996
employees who are employed on the construction project which is 997
the subject of the certificate, for death or injuries that arise 998
out of, or death, injuries, or occupational diseases that arise 999
in the course of, those employees' employment on that 1,000
construction project.
The contractors and subcontractors included under a 1,002
certificate issued under this division shall identify in their 1,003
payroll records the employees who are considered the employees of 1,004
the self-insuring employer listed in that certificate for 1,005
purposes of this chapter and Chapter 4121. of the Revised Code, 1,007
and the amount that those employees earned for employment on the 1,008
construction project that is the subject of that certificate. 1,009
Notwithstanding any provision to the contrary under this chapter
and Chapter 4121. of the Revised Code, the administrator shall 1,012
exclude the payroll that is reported for employees who are 1,013
considered the employees of the self-insuring employer listed in
that certificate, and that the employees earned for employment on 1,014
the construction project that is the subject of that certificate, 1,015
when determining those contractors' or subcontractors' premiums 1,016
or assessments required under this chapter and Chapter 4121. of 1,017
the Revised Code. A self-insuring employer issued a certificate 1,018
under this division shall include in the amount of paid 1,019
compensation it reports pursuant to division (L) of this section, 1,020
the amount of paid compensation the self-insuring employer paid 1,021
pursuant to this division for the previous calendar year. 1,022
26
Nothing in this division shall be construed as altering the 1,024
rights of employees under this chapter and Chapter 4121. of the 1,025
Revised Code as those rights existed prior to September 17, 1996. 1,028
Nothing in this division shall be construed as altering the 1,030
rights devolved under sections 2305.31 and 4123.82 of the Revised 1,031
Code as those rights existed prior to September 17, 1996. 1,032
As used in this division, "privilege to self-insure a 1,034
construction project" means privilege to pay individually 1,035
compensation, and to furnish medical, surgical, nursing, and 1,036
hospital services and attention and funeral expenses directly to 1,037
injured employees or the dependents of killed employees. 1,038
(P) A self-insuring employer whose application is granted 1,040
under division (O) of this section shall designate a safety 1,042
professional to be responsible for the administration and 1,044
enforcement of the safety program that is specifically designed 1,045
for the construction project that is the subject of the 1,046
application.
A self-insuring employer whose application is granted under 1,048
division (O) of this section shall employ an ombudsperson for the 1,050
construction project that is the subject of the application. The 1,051
ombudsperson shall have experience in workers' compensation or 1,052
the construction industry, or both. The ombudsperson shall 1,053
perform all of the following duties:
(1) Communicate with and provide information to employees 1,055
who are injured in the course of, or whose injury arises out of 1,056
employment on the construction project, or who contract an 1,057
occupational disease in the course of employment on the 1,058
construction project;
(2) Investigate the status of a claim upon the request of 1,060
an employee to do so; 1,061
(3) Provide information to claimants, third party 1,063
administrators, employers, and other persons to assist those 1,064
persons in protecting their rights under this chapter and Chapter 1,065
4121. of the Revised Code. 1,066
27
A self-insuring employer whose application is granted under 1,068
division (O) of this section shall post the name of the safety 1,070
professional and the ombudsperson and instructions for contacting
the safety professional and the ombudsperson in a conspicuous 1,071
place at the site of the construction project. 1,072
(Q) The administrator may consider all of the following 1,075
when deciding whether to grant a self-insuring employer the 1,076
privilege to self-insure a construction project as provided under 1,077
division (O) of this section: 1,078
(1) Whether the self-insuring employer has an 1,080
organizational plan for the administration of the workers' 1,081
compensation law; 1,082
(2) Whether the safety program that is specifically 1,084
designed for the construction project provides for the safety of 1,085
employees employed on the construction project, is applicable to 1,087
all contractors and subcontractors who perform labor or work or 1,088
provide materials for the construction project, and has a
component, a safety training program that complies with standards 1,089
adopted pursuant to the "Occupational Safety and Health Act of 1,090
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for 1,091
continuing management and employee involvement; 1,092
(3) Whether granting the privilege to self-insure the 1,094
construction project will reduce the costs of the construction 1,095
project; 1,096
(4) Whether the self-insuring employer has employed an 1,098
ombudsperson as required under division (P) of this section; 1,100
(5) Whether the self-insuring employer has sufficient 1,102
surety to secure the payment of claims for which the 1,103
self-insuring employer would be responsible pursuant to the 1,104
granting of the privilege to self-insure a construction project 1,105
under division (O) of this section. 1,107
(R) AS USED IN THIS SECTION: 1,109
(1) "UNVOTED DEBT CAPACITY" MEANS THE AMOUNT OF MONEY THAT 1,112
A PUBLIC EMPLOYER MAY BORROW WITHOUT VOTER APPROVAL OF A TAX 1,113
28
LEVY;
(2) "STATE INSTITUTION OF HIGHER EDUCATION" MEANS THE 1,115
STATE UNIVERSITIES LISTED IN SECTION 3345.011 OF THE REVISED 1,116
CODE, COMMUNITY COLLEGES CREATED PURSUANT TO CHAPTER 3354. OF THE 1,117
REVISED CODE, UNIVERSITY BRANCHES CREATED PURSUANT TO CHAPTER 1,119
3355. OF THE REVISED CODE, TECHNICAL COLLEGES CREATED PURSUANT TO 1,121
CHAPTER 3357. OF THE REVISED CODE, AND STATE COMMUNITY COLLEGES 1,123
CREATED PURSUANT TO CHAPTER 3358. OF THE REVISED CODE. 1,124
Sec. 4123.353. (A) A PUBLIC EMPLOYER, EXCEPT FOR A BOARD 1,126
OF COUNTY COMMISSIONERS DESCRIBED IN DIVISION (G) OF SECTION 1,127
4123.01 OF THE REVISED CODE, A BOARD OF A COUNTY HOSPITAL, OR A 1,128
PUBLICLY OWNED UTILITY, WHO IS GRANTED THE STATUS OF 1,130
SELF-INSURING EMPLOYER PURSUANT TO SECTION 4123.35 OF THE REVISED 1,131
CODE SHALL DO ALL OF THE FOLLOWING: 1,132
(1) RESERVE FUNDS AS NECESSARY, IN ACCORDANCE WITH SOUND 1,134
AND PRUDENT ACTUARIAL JUDGMENT, TO COVER THE COSTS THE PUBLIC 1,135
EMPLOYER MAY POTENTIALLY INCUR TO REMAIN IN COMPLIANCE WITH THIS 1,136
CHAPTER AND CHAPTER 4121. OF THE REVISED CODE; 1,138
(2) INCLUDE ALL ACTIVITY UNDER THIS CHAPTER AND CHAPTER 1,140
4121. OF THE REVISED CODE IN A SINGLE FUND ON THE PUBLIC 1,141
EMPLOYER'S ACCOUNTING RECORDS; 1,142
(3) WITHIN NINETY DAYS AFTER THE LAST DAY OF EACH FISCAL 1,144
YEAR, PREPARE AND MAINTAIN A REPORT OF THE RESERVED FUNDS 1,145
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION AND DISBURSEMENTS 1,146
MADE FROM THOSE RESERVED FUNDS; 1,147
(4) WITHIN NINETY DAYS AFTER THE LAST DAY OF EACH FISCAL 1,149
YEAR, OBTAIN A WRITTEN REPORT PREPARED BY A MEMBER OF THE 1,150
AMERICAN ACADEMY OF ACTUARIES, CERTIFYING WHETHER THE RESERVED 1,151
FUNDS DESCRIBED IN DIVISION (A)(1) OF THIS SECTION ARE SUFFICIENT 1,152
TO COVER THE COSTS THE PUBLIC EMPLOYER MAY POTENTIALLY INCUR TO 1,153
REMAIN IN COMPLIANCE WITH THIS CHAPTER AND CHAPTER 4121. OF THE 1,154
REVISED CODE, ARE COMPUTED IN ACCORDANCE WITH ACCEPTED LOSS 1,155
RESERVING STANDARDS, AND ARE FAIRLY STATED IN ACCORDANCE WITH 1,156
SOUND LOSS RESERVING PRINCIPLES.
29
(B) A PUBLIC EMPLOYER WHO IS SUBJECT TO DIVISION (A) OF 1,158
THIS SECTION SHALL MAKE THE REPORTS REQUIRED BY THAT DIVISION 1,159
AVAILABLE FOR INSPECTION BY THE ADMINISTRATOR OF WORKERS'
COMPENSATION AND ANY OTHER PERSON AT ALL REASONABLE TIMES DURING 1,160
REGULAR BUSINESS HOURS.
Section 2. That existing sections 4123.01 and 4123.35 of 1,162
the Revised Code are hereby repealed. 1,163