§ 11-9-306 — Determination of surplus and rate of taxation

(a) (1) The Workers' Compensation Commission, on or before December 31 of each year, shall determine the surplus, if any, in the Workers' Compensation Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year. (2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year. (b) (1) The commission, on or before December 31 of each year, shall determine the surplus, if any, in the Second Injury Trust Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year. (2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year. (c) (1) The commission, on or before December 31 of each year, shall determine the surplus, if any, in the Death and Permanent Total Disability Trust Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year. (2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year. (d) (1) The total rate of taxation for all three (3) funds when added together shall not exceed three percent (3%). (2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under § 11-9-502 , the tax rate under this section shall not exceed one and five-tenths percent (1.5%). (e) (1) The commission shall notify each insurance carrier of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed and paid pursuant to the provisions of § 11-9-303(c) on or before April 1 of the following year. (2) The commission shall notify each self-insured employer subject to the tax of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed by the commission and paid to each fund by the self-insurer through payments made directly to the commission on or before April 1 of the following year. (3) The commission shall notify each public employer subject to this tax of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed by the commission and paid to each respective fund through payments made directly to the commission by the public employer on or before April 1 of the following year. (f) The commission shall have the authority to promulgate rules for administration of the assessment and tax collection process, including, but not limited to, rules applicable to the funds established in § 11-9-301 . (g) No later than March 30 each year, the commission shall provide the Insurance Commissioner a complete listing of workers' compensation premium tax collections for the preceding calendar year, including the monetary amount of workers' compensation premium tax paid, by year, by name of workers' compensation carrier, and by National Association of Insurance Commissioners identity number.

Legislative History

Amended by Act 2019, No. 315,§ 783, eff. 7/24/2019. Amended by Act 2016EX3, No. 5,§ 4, eff. 8/22/2016. Amended by Act 2016EX3, No. 4,§ 4, eff. 8/22/2016. Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, § 5; 2005, No. 505, § 3.