La. Admin. Code tit. 37 § XIII-1121

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-1121 - Group Membership; Termination, Liability

A. An employer joining a fund after the group has been issued a certificate of approval shall:

1. submit an application for membership to the board of trustees or its administrator; and

2. enter into the indemnity agreement required by §1103. C.l hereof. Membership shall take effect no earlier than each member's date of approval. The application for membership and its approval shall be maintained as permanent records of the board of trustees.

B. Individual members of a group shall be subject to cancellation by the group's cancellation policy. In addition, individual members may elect to terminate their participation in the group.

C. The group shall pay all workers' compensation benefits for which each member incurs liability during its period of membership. A member who elects to terminate its membership or is canceled by a group remains liable jointly and in solido for claims of the group and its members which were incurred during the canceled or terminated member's period of membership.

D. A group member is not relieved of its workers' compensation liabilities incurred during its period of membership except through payment by the group or the member of required workers' compensation benefits.

E. The insolvency or bankruptcy of a member does not relieve the group or any other member of liability for the payment of any worker's compensation benefits incurred during the insolvent or bankrupt member's period of membership.

La. Admin. Code tit. 37, § XIII-1121

Promulgated by the Department of Insurance, Office of the Commissioner, LR 18:1403 (December 1992), Amended LR 49269 (2/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1200.1.