Background

Application Process

Security

Specific Excess Worker's Compensation Insurance

Assessments

Annual Member Information Update Forms

Penalties

Addition of a Company to Self-Insurance

Cancellation of Self Insurance

The Board of Trustees

The Administrator

 

Background

 

The Georgia Self-Insurers Guaranty Trust Fund was created by the Georgia legislature in 1990 in order to pay for the outstanding workers' compensation liabilities of self-insured companies that are declared insolvent by the State Board of Workers' Compensation. The Georgia Self-Insurers Guaranty Trust Fund became operative on January 1, 1991. The Georgia Self-Insurers Guaranty Trust Fund is governed by a Board of Trustees, whose members are employees of self-insured companies. Elections are held every two years for the Trustees whose terms have expired. Representatives of the self-insured companies elect the members of the Board of Trustees. The Board of Trustees appoint an Administrator to handle the daily operation of the Georgia Self-Insurers Guaranty Trust Fund. For a complete text of the law creating the Georgia Self-Insurers Guaranty Trust Fund, please refer to Article 10, Section 34, Title 9 of the Official Code of Georgia.

 

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Application Process

 

Completed applications are to be sent in duplicate to the State Board of Workers' Compensation along with three years of audited financial statements and the application fee of $500. The check for the application fee must be made payable to the Georgia Self-Insurers Guaranty Trust Fund. After the application is reviewed by the State Board, one copy of the application, the financial statements, and the application fee are sent to the Georgia Self-Insurers Guaranty Trust Fund. The Trustees of the Georgia Self-Insurers Guaranty Trust Fund review the application and financial statements, and make a recommendation to the State Board regarding the acceptance of the applicant for self-insurance. The State Board has final authority regarding the acceptance of any applicant, and will issue an Order accepting or rejecting the applicant. The State Board's Order will state the provisions under which the applicant has been accepted, including the amount of security to be filed with the Georgia Self-Insurers Guaranty Trust Fund, the requirements for specific excess workers' compensation insurance, and payment of the initial assessment of $4,000. (For a copy of the application, please go to the "Forms" section of this site.)

 

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Security

 

All active self-insured employers must have security on file with the Georgia Self-Insurers Guaranty Trust Fund in the form of a surety bond or letter of credit, using the language approved by the Georgia Self-Insurers Guaranty Trust Fund. NO DEVIATIONS WILL BE ACCEPTED.

To ensure that all companies to be covered by a member’s self-insurance program are included on both the security, the following is required:

For copies of the approved language for letters of credit and the surety bond form along with detailed instructions for the issuance of both forms of security, please see the “Forms” section of this site. PLEASE NOTE: Letters of credit must be issued or confirmed by a Georgia depository. NO EXCEPTIONS WILL BE GRANTED.

The amount of the required security is stated on an Order issued by the State Board of Workers' Compensation. For information related to the setting of security requirements, please see the “News” section of this site for discussion dated 10/14/2003.

Cancelled members are required to keep security on file for a minimum of two (2) years from the closure of their last claim. For more information, please see the “Topics” section of this site for the discussion entitled “Cancellation of Self-Insurance”.

 

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Specific Excess Workers' Compensation Insurance

******************* NEW REQUIREMENT********************
Please see memo of 04/11/2007 under "NEWS" link regarding GSIGTF being a "named insured" on excess insurance policy.

  1. Self-Insured companies are required to purchase specific excess workers' compensation coverage. Proof of this coverage must be sent to the Georgia Self-Insurers Guaranty Trust Fund or the State Board of Workers' Compensation annually.
  2. The workers' compensation limits of the policy must be "statutory".
  3. The self-insured specific retention amount must be "per accident" or "per occurrence."
  4. All of the items below must be stated on each and every policy, declaration page, or certificate of insurance associated with the policy.
    1. The insurance company that issued the policy
    2. The effective date of the policy
    3. The expiration date of the policy
    4. The self-insured specific retention amount of the policy followed by "per accident"
    5. The workers' compensation limits of the policy, which must be "statutory".
    6. A statement that the policy is a specific excess workers' compensation policy
    7. The companies insured by the policy, which must state the self-insured's name followed by "and self-insured subsidiaries and affiliates, if any".
    8. States of Self-Insured Operation must list Georgia.
  5. Georgia Self-Insurers Guaranty Trust Fund" must be listed as a party on the cancellation endorsement; otherwise, the "Georgia Self-Insurers Guaranty Trust Fund" must be listed as a certificate holder.  Please see FORMS for acceptable Georgia Endorsements.
  6. The specific excess workers' compensation policy must include an endorsement which states the following:

    IN THE EVENT OF THE BANKRUPTCY OR INSOLVENCY OF THE NAMED INSURED:
    If the Georgia Self-Insurers Guaranty Trust Fund is called upon to expend monies on behalf of the insolvent or bankrupt member insured under this policy in order to pay workers' compensation benefits, medical expenses or other costs pursuant to O.C.G.A. 34-9-1, et seq., we will reimburse the Georgia Self-Insurers Guaranty Trust Fund for those amounts according to the terms of the policy. This provision is subject to the policy terms, retention(s) and limit(s). The Georgia Self-Insurers Guaranty Trust Fund will be treated as the insured for purposes of reimbursement pursuant to this endorsement and payments made by the bankrupt insolvent named insured will be credited towards the retention for the benefit of the Georgia Self-Insurers Guaranty Trust Fund.

                            PLEASE NOTE: Only insurance companies with an AM Best rating of "A minus" or better are acceptable.

 

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Assessments

 

The initial assessment for all applicants is $4,000. This assessment is due to the Georgia Self-Insurers Guaranty Trust Fund at the time the employer's self-insurance commences. After the initial year of self-insurance, assessments are computed at 1.5 percent of the total indemnity paid the previous year. There is a maximum assessment of $4,000 and a minimum assessment of $1,000. Annual assessments are due 45 days from the date of the assessment invoice. If the assessment is not received by the Georgia Self-Insurers Guaranty Trust Fund within 45 days, the self-insured company will be penalized.

 

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Annual Member Information Update Forms

Each year in March, a copy of the Member Information Update form is sent by certified mail to the person designated by the self-insured company as the contact person. The form is not mailed to the Third Party Administrator. This form must be returned to the Georgia Self-Insurers Guaranty Trust Fund by the due date or earlier in order to avoid being penalized. (For copies of the 2000 Member Information Update forms, please go to the "Forms" section of this site.)

 

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Penalties

Penalties are assessed at the direction and discretion of the Board of Trustees of the Georgia Self-Insurers Guaranty Trust Fund. Generally, penalties are computed at $50 per day or 10% of the annual assessment, whichever is greater.

 

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Addition of a Company to an Employer's Self-Insurance

If a self-insured employer purchased another company and desires the newly purchased company to be added to its self-insurance, the self-insured company must submit its request in writing to the Georgia Self-Insurers Guaranty Trust Fund. Along with its letter, the self-insured company must supply information related to the workers' compensation claims and employment of the newly purchased company. (For a copy of the form to be provided to the Georgia Self-Insurers Guaranty Trust Fund with the request, please go to the "Forms" section of this site.)

 

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Cancellation of Self-Insurance

If a self-insured company decides to cancel its self-insurance, it must notify the Georgia Self-Insurers Guaranty Trust Fund or the State Board of Workers' Compensation in writing of its intention to cancel its self-insurance, providing the effective date of the cancellation. Although self-insurance is cancelled, the employer will continue to be responsible for the claims for accidents which occurred while it was self-insured. Therefore, the Georgia Self-Insurers Guaranty Trust Fund will maintain the security presently on file and the employer will continue to be assessed based upon claims for which indemnity was paid. Stated below are the responsibilities of the employer that cancels its self-insurance.
Security: Letters of credit and surety bonds submitted to the State Board of Workers' Compensation or the Georgia Self-Insurers Guaranty Trust Fund will be maintained in our files for at least two years after the last claim is closed. At the time the security is returned, the file will be closed.
Member Information Updates: The employer that cancels its self-insurance must continue to complete the annual update form until its security has been returned and its file is closed.
Audits: A complete original bound copy of the financial statements for each fiscal year is required of all self-insured employers. The employer must continue to forward copies of the financial statements to the Georgia Self-Insurers Guaranty Trust Fund until its file is closed.
Assessments: The Georgia Self-Insurers Guaranty Trust Fund will continue assessing employers after self-insurance is cancelled, while indemnity and medical is being paid on open claims. The year after self-insurance is cancelled, an assessment will be sent to the employer regardless of whether indemnity was paid the previous year.
Claims audits: The employer may be required to submit to a claims audit of the open workers' compensation claims which have dates of injury during the time of the employer's self-insurance.

 

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The Board of Trustees

Sheldon Fram (Chairman), C. W. Matthews Contracting, Inc.
Tim Holt (Secretary), Brown Industries, Inc.
Frank H. McElroy, Jr., Presbyterian Homes
Chris H. Hunt, Georgia Power Company
Mark G. Whyte, John Wieland Homes and Neighborhood, Inc.
Sam Storey, Wellstar Health System




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The Administrator

 

John P. Reale

 

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