Labor and Employment (GLE) — Title 10. Funds

There is an Injured Workers’ Insurance Fund.

The Fund is an instrumentality of the State.

shall continue to exist; but

may not issue new policies or otherwise engage in the business of insurance.

On and after October 1, 2013, the Fund shall be the third party administrator for the State’s Self–Insured Workers’ Compensation Program for State Employees under a contract with the State.

At least once every 5 years, the Commissioner shall:

Subject to subsection (f) of this section, in the operation of the Company, the Company shall use employees of the Company.

Subject to subsection (f) of this section, in the operation of the Fund, the Fund:

The Fund shall:

Employees of the Fund may be assigned to perform functions of the Company under a contract between the Fund and the Company.

Nonsupervisory employees of the Company may be assigned to perform functions of the Fund under a contract between the Fund and the Company.

The Company and the Fund shall annually execute an agreement that lists:

The agreement shall:

Notwithstanding § 15–703(f)(3)(i) of the State Government Article, an employee of the Fund may register and maintain registration as a regulated lobbyist if the employee:

the Fund may not hire new employees; and

employees of the Fund:

require the employee to make the election in writing; and

provide the employee with information that:

Except as provided in paragraph (2) of this subsection and elsewhere in this subtitle, the Fund is not subject to any law, including § 6–106 of the State Government Article, that affects governmental units.

The Fund is subject to:

Paragraph (1) of this subsection does not affect the exemption from property tax under § 7–210 of the Tax – Property Article.

There is a Board for the Injured Workers’ Insurance Fund.

The Board shall manage the business and affairs of the Fund as an instrumentality of the State in accordance with State law.

The Board consists of the following members:

The terms of the members of the Board described under paragraph (1)(ii) of this subsection are the same as the members’ terms on the Board for the Company.

The Board shall appoint a President of the Fund.

The President of the Fund shall be an employee of the Fund.

Except as provided in paragraph (2) of this subsection, employees of the Fund are special appointments.

A classified employee of the Fund hired before July 1, 1990 in a nonprofessional or nontechnical position shall remain a member of the classified service or its equivalent in the State Personnel Management System as long as the employee remains in a nonprofessional or nontechnical position with the Fund.

The Board shall set compensation for its employees.

Except as otherwise provided in this subtitle, an employee of the Fund is not subject to any law, regulation, or executive order governing State employee compensation, including furloughs, salary reductions, or any other General Fund cost savings measure.

This subsection does not apply to the layoff of an employee because of lack of work.

An employee of the Fund may not be permanently removed unless:

The Board consists of 3 members, appointed by the Governor with the advice and consent of the Senate.

Of the 3 members of the Board:

The term of a member is 4 years.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

compensation for each day that the member is engaged in duties of the office; and

reimbursement for expenses under the Standard State Travel Regulations.

The Board shall appoint a Director for the Fund.

The Director is entitled to the salary provided in the State budget.

the money credited to the Fund under Title 9 of this article;

income from investments that the State Treasurer makes for the Fund;

interest on deposits or investments of money from the Fund;

money that the Fund acquires by gift; and

money that the federal government pays as reimbursement for a payment from the Fund.

each award under Title 9 of this article charged against the Fund; and

other expenses authorized in the State budget.

The Fund annually shall submit to the Governor a proposed budget for the Fund, for inclusion in the budget bill to be submitted to the General Assembly.

The proposed budget shall include an appropriation from the Fund for its budget.

As often as the Board requests but at least quarterly, the State Treasurer shall advise the Board about the amount of the Fund in the custody of the State Treasurer.

The State Treasurer annually shall submit to the Board a statement that, for the preceding calendar year:

The Board consists of five members, appointed by the Governor with the advice and consent of the Senate.

Of the five members of the Board:

The term of a member is 4 years.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

compensation for each day that the member is engaged in duties of the office; and

reimbursement for expenses under the Standard State Travel Regulations.

appoint a Director for the Fund; and

review the Director’s administration of the Fund.

shall have immediate supervision and direction over the administration of the Fund;

may employ staff in accordance with the State budget; and

shall serve as the appointing authority for all staff.

The Attorney General is the legal adviser to the Director and Fund.

The Attorney General may represent the Fund in any case that does not involve the rights of the Fund against another individual who:

the money credited to the Fund under Title 9 of this article;

income from investments that the State Treasurer makes for the Fund; and

interest on deposits or investments of money from the Fund.

each award under Title 9 of this article charged against the Fund;

the amount that the Director authorizes for an expert or witness hired under § 10–310(c) of this subtitle;

other proper charges that the Director authorizes;

whenever an employer who is self–insured in accordance with § 9–404 or § 9–405 of this article becomes insolvent, any outstanding obligations of the employer; and

hearing loss claims for retirees of the Bethlehem Steel Corporation.

The Fund annually shall submit to the Governor a proposed budget for the Fund, for inclusion in the budget bill to be submitted to the General Assembly.

The proposed budget shall include an appropriation from the Fund for its budget.

The State Treasurer shall invest surplus money of the Fund in any security in which a savings bank may invest under State law.

If the State Treasurer invests in a certificate of deposit, it shall:

for the fiscal year for which the statement is made:

states the balance of the Fund on the last day of the preceding fiscal year.