§ 42-5-20 — Insurance or proof of financial ability to pay required; self-insurer prohibited.

South Carolina § 42-5-20

• Jurisdiction: South Carolina
• Title 42: WORKERS' COMPENSATION
• Ch. 5: INSURANCE AND SELF-INSURANCE

Text

(A)(1) Every employer who accepts the provisions of this title relative to the payment of compensation shall insure and keep insured his liability thereunder in any authorized corporation, association, organization, or mutual insurance association formed by a group of employers so authorized or shall furnish to the commission satisfactory proof of his financial ability to pay directly the compensation in the amount and manner and when due as provided for in this title. The commission may, under such rules and regulations as it may prescribe, permit two or more employers in businesses of a similar nature to enter into agreements to pool their liabilities under the Workers' Compensation Law for the purpose of qualifying as self-insurers. In the case of self-insurers the commission shall require the deposit of an acceptable security, indemnity, or bond to secure the payment of the compensation liabilities as they are incurred. The Workers' Compensation Commission shall have exclusive jurisdiction of group self-insurers under this section, and such group self-insurers shall not be deemed to be insurance companies and shall not be regulated by the Department of Insurance. Provided, further, that if any provision is made for the recognition of reinsurance of the self-insured fund, such provision shall expressly provide that the reinsurance agreement or treaty must recognize the right of the claimant to recover directly from the reinsurer and that such agreement shall provide for privity between the reinsurer and the workers' compensation claimant. (2) In lieu of submitting audited financial statements when an employer makes an application to self-insure with the commission, the commission shall accept the sworn statement or affidavit of an independent auditor verifying the financial condition of the employer according to the required financial ratios and guidelines established by regulation of the commission. The independent auditor must be a certified public accountant using generally acceptable accounting principles in the preparation of the financial statements of the employer. (B) A corporation, association, organization, or mutual insurance association formed pursuant to Section 42-5-50 may not be considered a licensed insurer pursuant to Chapter 31, Title 38 and may not participate in or receive benefits or protection from the South Carolina Property and Casualty Insurance Guaranty Association. (C) An assumption, transfer, merger, or other acquisition of a block of business by a licensed insurer from a self-insurer may not be approved until the commission has obtained an opinion from a qualified actuary as to the adequacy of assets and other funding to adjudicate and pay any known claims as of the effective date of the assumption, transfer, merger, or other acquisition of the self-insured block.

Legislative History

HISTORY: 1962 Code SECTION 72-402; 1952 Code SECTION 72-402; 1942 Code SECTION 7035-70; 1936 (39) 1231; 1974 (58) 2214; 1994 Act No. 459, SECTION 2, eff June 16, 1994; 2019 Act No. 5 (S.358), SECTION 2, eff July 1, 2019. Effect of Amendment 2019 Act No. 5, SECTION 2, inserted the paragraph identifiers, and added (B) and (C), prohibiting a self-insurer from participating in or obtaining benefits from the South Carolina Property and Casualty Insurance Guaranty Association and requiring the South Carolina Workers' Compensation Commission to secure an actuarial opinion before approving the transfer of a self-insurer to a licensed insurer.