Plan of operation, submitted to division, when
This law is about a workers' compensation safety net group (called "the corporation") that covers workers if their employer's insurance company goes broke. The group's board of directors had to write up a plan explaining how they would run things and keep enough money on hand to pay workers' claims. That plan had to be turned in to the state's workers' compensation office by January 1, 1993, and once submitted in writing, it became official. The plan had to cover things like how claims get filed, how money is handled, how board members get paid back for expenses, and how employers can appeal decisions they disagree with. If the board did not turn in a plan on time, the state division could make its own rules instead.
287.870. , submitted to , when — purpose, contents — effective, when. — 1. By January 1, 1993, or at such other date as is agreed upon between the and the , the shall submit to the a proposed plan of operation for the of the and the .
2. The purpose of the plan of operation shall be to provide the corporation and the board of directors with the and responsibility to establish the necessary programs and to take the necessary s to protect against the of a member of the corporation. In addition, the plan shall provide that the members of the corporation shall be responsible for maintaining an adequate insolvency fund to meet the obligations of members provided for in sections 287.860 to 287.885 and shall authorize the board of directors to contract and employ those persons with the necessary expertise to carry out this stated purpose.
3. The plan of operation, and any amendments , shall take effect upon in writing to the director. If the board of directors fails to submit a plan by six months after August 28, 1992, or fails to make required amendments to the plan within thirty days, or such other date as the parties shall agree upon, thereafter, the division shall such rules as are necessary to the of this section. Such rules shall continue in force until by the division or by a plan submitted by the board of directors to the director.
4. All s shall comply with the plan of operation.
5. The plan of operation shall:
(1) Establish the procedures whereby all the powers and duties of the corporation under section 287.865 will be performed;
(2) Establish procedures for handling of the corporation;
(3) Establish the amount and method of reimbursing members of the board of directors under section 287.862;
(4) Establish procedures by which may be filed with the corporation and establish acceptable forms of of . Notice of claims to the or of an shall be notice to the corporation or its , and a list of such claims shall be submitted periodically to the corporation by the receiver or liquidator;
(5) Establish regular places and times for meetings of the board of directors;
(6) Establish procedures for records to be kept of all financial transactions of the corporation and its agents and the board of directors;
(7) Provide that any member employer by any action or decision of the corporation may to the division within thirty days after the action or decision;
(8) Provide notice to any member employer aggrieved by any final action or decision of the division of workers' compensation of its rights to appeal such action or decision;
(9) Establish the procedures whereby recommendations of candidates for the board of directors shall be submitted to the division;
(10) Promulgate any additional provisions or any additional procedures or regulations necessary or proper for the of any of the powers and duties of the corporation or of the division of workers' compensation, without prior formal or notices, by either the corporation , or by the division of workers' compensation by regulations implementing sections 287.860 to 287.885;
(11) Establish procedures to ensure the cooperation of the board with the director and any of the employees of the division of workers' compensation whenever possible.
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Source & history notes
(L. 1992 H.B. 975)
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