§ 28-47-2. Adoption of plan of group self-insurance.
Any group consisting exclusively of employers may adopt a plan for group self-insurance,
as a group, for the payment of compensation under this chapter to their employees.
Under that plan, the group shall assume the liability of all the employers within
the group and pay all compensation for which those employers are liable under this
chapter. Notwithstanding the previous provisions, the members of a group self-insurer
shall be jointly and severally liable for all of the obligations of the group self-insurer
incurred during the period of membership. Where that plan is adopted, the group shall
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§ 28-47-2. Adoption of plan of group self-insurance.
Any group consisting exclusively of employers may adopt a plan for group self-insurance,
as a group, for the payment of compensation under this chapter to their employees.
Under that plan, the group shall assume the liability of all the employers within
the group and pay all compensation for which those employers are liable under this
chapter. Notwithstanding the previous provisions, the members of a group self-insurer
shall be jointly and severally liable for all of the obligations of the group self-insurer
incurred during the period of membership. Where that plan is adopted, the group shall
furnish satisfactory proof to the director of its financial ability to pay that compensation
for the employers in the industry covered by it, its revenues, their source, and assurance
of continuance. The director shall require the filing of a bond of a surety company
authorized to transact business in the state, trust fund, or other adequate security,
in an amount to be determined by the director to secure its liability to pay the compensation
of each employer as above provided in accordance with the provisions of § 28-47-10. That surety bond, trust fund, or security must be approved as to form by the director.
The director may also require that any and all agreements, contracts, and other pertinent
documents relating to the organization of the employers in the group be filed with
him or her at the time the application for group self-insurance is made. That application
shall be on a form prescribed by the director. The director shall have the authority
to deny the application of the group to pay the compensation or to revoke his or her
consent furnished under this section at any time for good cause shown. The director
shall have the authority to deny the application of the group or to revoke his or
her consent furnished under this section at any time if he or she is not satisfied
that the group can provide adequate claims and loss prevention services to each employer
in the group either by the staff of the group or through contractual arrangements
with a service company competent to provide that claim and loss prevention services.
The group qualifying under this section shall be known as a group self-insurer.