Workers compensation amendments.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0225

HOUSE BILL
NO.
HB0039

Workers compensation amendments.

Sponsored by:
Joint Labor, Health and Social Services Interim Committee

A BILL

for

AN ACT relating to the Wyoming Worker's Compensation Act; authorizing elective coverage for corporate officers, limited liability company members, partners and sole proprietors as specified; amending premium tax eligibility and distribution criteria; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 27
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14
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102(a)(vii)(B), 27
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14
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108(k), 27
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14
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201(q)(intro), by creating a new paragraph (iii) and 27
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14
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205(c) are amended to read:

27
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14
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102.

Definitions.

(a)

As used in this act:

(vii)

"Employee" means any person engaged in any extrahazardous employment under any appointment, contract of hire or apprenticeship, express or implied, oral or written, and includes legally employed minors, aliens authorized to work by the United States department of justice, office of citizenship and immigration services, and aliens whom the employer reasonably believes, at the date of hire and the date of injury based upon documentation in the employer's possession, to be authorized to work by the United States department of justice, office of citizenship and immigration services. "Employee" does not include:

(B)

A sole proprietor or a partner of a business partnership
unless coverage is elected pursuant to W.S. 27-14-108(k)
;

27
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14
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108.

Extrahazardous industries, employments, occupations; enumeration; definitions; optional coverage.
(k)

Any corporation
,

or

limited liability company
,

employing individuals covered pursuant to subsections (a) or (j) of this section
partnership or sole proprietorship
may elect to obtain coverage under this act for
any or all of
its corporate officers
,

or

limited liability company members
, partners in a partnership or sole proprietor
by
electing to cover any or all of its officers or members and
notifying the division in writing of its election upon initial registration with the division, or thirty (30) days prior to the beginning of a calendar quarter. Notwithstanding subsection (j) of this section, an employer shall not withdraw coverage at any time during the subsequent eight (8) calendar quarters. Application for termination of coverage under this subsection shall be filed in writing with the division
not less than thirty (30) days before any calendar quarter

following the initial eight (8) calendar quarters of coverage.
Termination of coverage shall be effective the first day of the month following the division's receipt of the notice of termination.

27
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14
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201.

Rates and classifications; rate surcharge.

(q)

The division may, in accordance with its rules and regulations, grant a premium credit to rates established under this section
in an amount not to exceed fifty percent (50%) of the investment earnings after inflation on reserves for the prior rate year. Of the total amount of premium credit distribution established by the division, fifty percent (50%) shall be distributed to all employers who made premium payments to the fund in the preceding year and fifty percent (50%) shall be distributed to employers whose accident frequency and injury severity in the preceding year was less than that of the industry classification under which the employer is classified. The fifty percent (50%) distribution to all employers who made premium payments shall be made on the basis of each employer's annual premium payment as compared to total premium payments made by all employers in the year preceding the year in which the premium credit was issued.

if it is determined by a qualified actuary retained by the division that the fund can be expected to remain fully reserved, as defined in W.S. 27
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14
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201(e)(vii)(A), after the premium credit is granted and implemented. If the division determines to grant a premium credit, the percentage of credit allowed for the rate year shall be the same for all employers.
The following provisions shall also apply to the premium credit program:

(iii)

The premium credit, if granted, shall only be given to those employers who paid premium during the preceding year and whose accounts are current on all amounts owed under the act, including premiums, case cost liability, interest and penalties.

27
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14
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205.

State contributions; presumed pay of specified employees.

(c)

For purposes of determining employer contributions under this act for officers of a corporation
,

or

members of a limited liability company
, partners in a partnership or a sole proprietor
electing coverage under W.S. 27
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14
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108(k), rates shall be applied for each officer or member covered under this act against the statewide average wage for the preceding twelve (12) month period as determined under W.S. 27
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14
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802(b).

Section 2.

This act is effective July 1, 2008.

(END)

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HB0039