Sub. H.B. 79

127th General Assembly

(S. Insurance, Commerce, & Labor)

Removes all of the changes proposed in the As Passed by the House version regarding the authority of the Administrator of Workers' Compensation to invest workers' compensation funds.

Makes the following changes to the laws governing the Workers' Compensation Council and workers' compensation group rating:

· Creates the Workers' Compensation Remuneration Fund for purposes of paying benefits and compensation to employees of the Workers' Compensation Council and the Workers' Compensation Council Fund.

· Prohibits the Controlling Board from transferring funds in excess of needs from the Workers' Compensation Remuneration Fund to the General Revenue Fund.

· Requires the Director of the Workers' Compensation Council to request to and have transferred amounts from the Workers' Compensation Council Fund created by the Controlling Board to the Workers' Compensation Remuneration Fund.

· Requires the Director of the Workers' Compensation Council to request to and have transferred any remaining amount from the Workers' Compensation Council Fund created by the Controlling Board to the Workers' Compensation Council Fund created by the bill and accordingly abolishes the Workers' Compensation Council Fund created by the Controlling Board.

· Includes the budget for the Workers' Compensation Council in the Bureau of Workers' Compensation budget and excludes the Workers' Compensation Council budget from the main operating appropriations budget bill.

· Exempts the Workers' Compensation Council from sunset review, public works, supplies, and services as administered by the Department of Administrative Services, and provides the Workers' Compensation Council all exemptions afforded to legislative entities.

· Allows the Workers' Compensation Council to enter into agreements with the Department of Administrative Services for the furnishing of work, supplies, and services.

· Requires the Workers' Compensation Council to appoint a Director who will serve at the pleasure of the Council.

· Allows the Council to authorize the Director to employ staff as necessary and employ or hire on a consulting basis, persons to provide actuarial, legal, investment, or other technical services.

· States that all employees of the Council are in the civil service.

· Requires the Council to fix the compensation of the Director and the Director to fix the compensation of all other employees of the Council.

· Requires the Director to adopt policies relating to payment for overtime, granting of compensatory time off, utilizing flexible hours, and working on holidays and compensation for holiday work.

· Prohibits the Council from taking action without the approval by at least six members.

· Requires the Administrator of Workers' Compensation to consider an employer group a single entity for purposes of group rating.

· Requires the Administrator to examine the group rating program and to make and submit a plan to address the equity and adequacy of the workers' compensation premiums for Ohio employers.

· Exempts the provisions of the bill from Council review.

· Makes a new appropriation to fund the payroll and fringe benefit costs for employees of the Workers' Compensation Council.

H0079-127.doc/ss 12/16/08