SF 2364

as introduced - 87th Legislature (2011 - 2012) Posted on 03/13/2012 10:55am

A bill for an act
relating to insurance; requiring the Workers' Compensation Reinsurance
Association to comply with the open meeting law and the Data Practices Act;
amending Minnesota Statutes 2010, section 79.34, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 79.34, subdivision 1, is amended to read:

Subdivision 1.

Conditions requiring membership.

The nonprofit association
known as the Workers' Compensation Reinsurance Association may be incorporated under
chapter 317A with all the powers of a corporation formed under that chapter, except that
if the provisions of that chapter are inconsistent with sections 79.34 to 79.40, sections
79.34 to 79.40 govern. Each insurer as defined by section 79.01, subdivision 2, shall, as
a condition of its authority to transact workers' compensation insurance in this state, be
a member of the reinsurance association and is bound by the plan of operation of the
reinsurance association; provided, that all affiliated insurers within a holding company
system as defined in chapter 60D are considered a single entity for purposes of the exercise
of all rights and duties of membership in the reinsurance association. Each self-insurer
approved under section 176.181 and each political subdivision that self-insures shall, as a
condition of its authority to self-insure workers' compensation liability in this state, be a
member of the reinsurance association and is bound by its plan of operation; provided that:

(1) all affiliated companies within a holding company system, as determined by
the commissioner of labor and industry in a manner consistent with the standards and
definitions in chapter 60D, are considered a single entity for purposes of the exercise of all
rights and duties of membership in the reinsurance association; and

(2) all group self-insurers granted authority to self-insure pursuant to section 176.181
are considered single entities for purposes of the exercise of all the rights and duties of
membership in the reinsurance association. As a condition of its authority to self-insure
workers' compensation liability, and for losses incurred after December 31, 1983, the
state is a member of the reinsurance association and is bound by its plan of operation.
The commissioner of administration represents the state in the exercise of all the rights
and duties of membership in the reinsurance association. The amounts necessary to pay
the state's premiums required for coverage by the Workers' Compensation Reinsurance
Association are appropriated from the general fund to the commissioner of administration.
The University of Minnesota shall pay its portion of workers' compensation reinsurance
premiums directly to the Workers' Compensation Reinsurance Association. For the
purposes of this section, "state" means the administrative branch of state government,
the legislative branch, the judicial branch, the University of Minnesota, and any other
entity whose workers' compensation liability is paid from the state revolving fund. The
commissioner of management and budget may calculate, prorate, and charge a department
or agency the portion of premiums paid to the reinsurance association for employees who
are paid wholly or in part by federal funds, dedicated funds, or special revenue funds.
The reinsurance association is not a state agency. Actions of the reinsurance association
and its board of directors and actions of the commissioner of labor and industry with
respect to the reinsurance association are deleted text begin not deleted text end subject to chapters 13 and new text begin 13D, and are not
subject to chapter new text end 15. All property owned by the association is exempt from taxation. The
reinsurance association is not obligated to make any payments or pay any assessments to
any funds or pools established pursuant to this chapter or chapter 176 or any other law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012, and applies to
actions that take place on or after that date.
new text end