Oklahoma Administrative Code Title 302 - Group Self-Insurance Association Guaranty Fund Board
Overview of Oklahoma Administrative Code Title 302 – Group Self-Insurance Association Guaranty Fund Board
Title 302 of the Oklahoma Administrative Code governs the operations of the Group Self-Insurance Association Guaranty Fund Board (the "Board"), which oversees the administration and operation of the Group Self-Insurance Association Guaranty Fund (the "Fund"). The Fund is designed to provide compensation to employees who are injured while working for employers that were part of a group self-insurance association but have become insolvent or otherwise unable to pay workers' compensation claims.
Chapter 1: Organization and Administration
Section 302:1-1-1 – Purpose
This section establishes the creation of the Group Self-Insurance Association Guaranty Fund Board and outlines its responsibility for supervising the administration and operation of the Fund.
Section 302:1-1-2 – Definitions
Key terms are defined in this section to ensure clarity in the application of the regulations:
Board: Refers to the Group Self-Insurance Association Guaranty Fund Board.
Claim: A written request for payment from the Fund on a form provided by the Board.
Claimant: Any person, partnership, association, or corporation making a claim or request for payment from the Fund.
Employer: Limited to a member of a group self-insurance association approved as a self-insurer or own risk carrier by the Administrator of the Workers' Compensation Court on the date of the employee's last hazardous exposure or accidental injury. Specifically excludes state entities or political subdivisions of the state.
Group Self-Insurance Association: An association organized by two or more employers having a common interest, which have entered into agreements to pool their liabilities under the Oklahoma Workers' Compensation Act.
Fund: The Group Self-Insurance Association Guaranty Fund.
Section 302:1-1-3 – Composition and Powers of the Board
The Board consists of members who are administrators of group self-insurance associations approved by the Workers' Compensation Court. The Board is responsible for overseeing the Fund's operations, including the approval of claims and ensuring the Fund's solvency.
Section 302:1-1-4 – Meeting Procedures
This section outlines the procedures for Board meetings, including frequency, quorum requirements, and voting procedures. Regular meetings are held to review claims, assess the Fund's status, and make necessary decisions regarding the Fund's administration.
Section 302:1-1-5 – Public Access to Records
Ensures transparency by providing the public with access to the Board's records, subject to applicable laws and regulations. This promotes accountability and allows stakeholders to review the Board's activities and decisions.
Chapter 10: Procedures for Requesting Payment
Section 302:10-1-1 – Purpose
Establishes the procedures for claimants to request payment from the Fund, ensuring a standardized process for all parties involved.
Section 302:10-1-2 – Definitions
Provides definitions specific to the claims process, ensuring clarity and consistency in the handling of requests for payment.
Section 302:10-1-3 – Prerequisites for Filing a Claim
Outlines the necessary conditions and documentation required before a claim can be submitted, ensuring that only eligible and substantiated claims are processed.
Section 302:10-1-4 – Claim Procedures
Details the step-by-step process for submitting and processing claims, including timelines, required forms, and the review process.
Section 302:10-1-5 – Hearing Procedures
Describes the procedures for hearings related to disputed claims, including how hearings are scheduled, conducted, and how decisions are made.
Legal Framework and Case Law
The authority for the Group Self-Insurance Association Guaranty Fund Board is derived from 85 O.S. § 66.2. This statute outlines the creation of the Board and its responsibilities in overseeing the Fund. Additionally, 85 O.S. § 149.2 and § 149.1 pertain to the pooling of liabilities by group self-insurance associations and the classification of employers as self-insurers, respectively.
In the case of American Insurance Association v. State Industrial Commission (1987), the Oklahoma Supreme Court addressed issues related to the administration of workers' compensation laws, providing judicial interpretation that may impact the application of regulations concerning the Group Self-Insurance Association Guaranty Fund Board
Conclusion
The regulations under Title 302 of the Oklahoma Administrative Code establish a structured framework for the administration of the Group Self-Insurance Association Guaranty Fund. By defining key terms, outlining the composition and responsibilities of the Board, and setting forth clear procedures for claiming payments, these regulations aim to ensure that employees injured while working for self-insured employers have access to necessary compensation, even in cases where the employer becomes insolvent.
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