Bill Text: MI HB5482 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Worker's compensation; administration; reimbursement from the compensation supplement fund; provide for the private employer group self-insurers security fund. Amends sec. 391 of 1969 PA 317 (MCL 418.391). TIE BAR WITH: HB 5478'14, HB 5479'14, HB 5480'14, HB 5483'14

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-11-12 - Referred To Committee On Reforms, Restructuring And Reinventing [HB5482 Detail]

Download: Michigan-2013-HB5482-Engrossed.html

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HB-5482, As Passed House, May 27, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5482

 

April 29, 2014, Introduced by Rep. Graves and referred to the Committee on Commerce.

 

     A bill to amend 1969 PA 317, entitled

 

"Worker's disability compensation act of 1969,"

 

by amending section 391 (MCL 418.391), as amended by 2007 PA 190.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 391. (1) The compensation supplement fund is created as a

 

separate fund in the state treasury. The fund shall be administered

 

by the state treasurer pursuant to this section. The legislature

 

shall appropriate to the compensation supplement fund from the

 

general fund the amounts necessary to meet the obligations of the

 

compensation supplement fund under section 352, and the

 

administrative costs incurred by the bureau under this section.

 

     (2) The director shall promulgate rules under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, that prescribe the conditions under which the money in the

 

compensation supplement fund shall be expended pursuant to section

 

352 and this section.

 

     (3) The department of treasury shall cause to be paid from the

 

compensation supplement fund those amounts and at those times as

 

are prescribed by the director pursuant to subsection (2).

 

     (4) The director may employ the personnel the director

 

considers necessary for the proper administration of the

 

compensation supplement fund.

 

     (5) The director shall annually recommend to the governor and

 

the chairpersons of the senate and house appropriations committees

 

the amount of money the director considers necessary to implement

 

and enforce this section and section 352 during the ensuing fiscal

 

year. The compensation supplement fund may carry forward into a

 

subsequent fiscal year any unexpended funds, and reduce the

 

necessary appropriation by the amount of the unobligated balance in

 

the fund.

 

     (6) Not later than April 1 of each year the director shall

 

submit a report to the governor and the legislature summarizing the

 

transactions of the compensation supplement fund during the

 

preceding calendar year. The report shall identify each insurer and

 

self-insurer that receives a reimbursement payment from the

 

compensation supplement fund and the amount of reimbursement. When

 

all liabilities of the compensation supplement fund for

 

reimbursements required pursuant to section 352 are paid, the

 

director shall recommend to the governor and the legislature that

 

the compensation supplement fund be abolished. The director shall

 

certify to the department of treasury and the commissioner of

 

insurance the identity of each insurer and self-insurer that claims

 

a credit as provided for under section 352(8) and the amount of

 

each supplemental payment under section 352 paid by that insurer or

 

self-insurer to which the credit applies.

 

     (7) Pursuant to section 352, insurers and self-insurers not

 

subject to either section 440a of the insurance code of 1956, 1956

 

PA 218, MCL 500.440a, section 38b of the single business tax act,

 

former 1975 PA 228, MCL 208.38b, or section 423 of the Michigan

 

business tax act, 2007 PA 36, MCL 208.1423; , the second injury

 

fund; , and the self-insurers' security fund; and the private

 

employer group self-insurers security fund are entitled to

 

reimbursement from the compensation supplement fund. An application

 

for reimbursement shall be on the forms and contain information as

 

required by the director. Application for a claim for reimbursement

 

from the compensation supplement fund shall be filed with the

 

director within 3 months after the date on which the right to

 

reimbursement first accrues. After the insurer, self-insurer, the

 

second injury fund, or the self-insurers' security fund, or the

 

private employer group self-insurers security fund has established

 

a right to reimbursement, payment from the compensation supplement

 

fund shall be made without interest on a proper showing every

 

quarter. A reimbursement shall not be allowed for a period that is

 

more than 1 year before the date of the filing of the application

 

for reimbursement pursuant to this section. A reimbursement shall

 

not be allowed for payments made under section 352 for which an

 

insurer or self-insurer takes a credit as provided for in section

 

352(8).

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 97th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. 5478 (request no.

 

04526'13).

 

     (b) Senate Bill No. ____ or House Bill No. 5479 (request no.

 

04547'13).

 

     (c) Senate Bill No. ____ or House Bill No. 5483 (request no.

 

04548'13).

 

     (d) Senate Bill No. ____ or House Bill No. 5480 (request no.

 

04549'13).