Nevada § 616A.430 - Uninsured Employers' Claim Account

§ 616A.430. Uninsured Employers' Claim Account

1. There is hereby established in the State Treasury the Uninsured Employers' Claim

Account in the Fund for Workers' Compensation and Safety, which may be used only for

the purpose of making payments in accordance with the provisions of NRS 616C.220 and 617.401 and subsection 2 of NRS 616C.473 . The Administrator shall administer the Account and shall credit any excess money toward

the assessments of the insurers for the succeeding years. 2. All assessments, penalties, bonds, securities and all other properties received,

collected or acquired by the Administrator for the Uninsured Employers' Claim Account

must be delivered to the custody of the State Treasurer. 3. All money and securities in the Account must be held by the State Treasurer as

custodian thereof to be used solely for workers' compensation. 4. The State Treasurer may disburse money from the Account only upon written order

of the State Controller. 5. The State Treasurer shall invest money of the Account in the same manner and in

the same securities in which the State Treasurer is authorized to invest money of

the State General Fund. Income realized from the investment of the assets of the Account must be credited

to the Account. 6. The Administrator shall assess each insurer, including each employer who provides

accident benefits for injured employees pursuant to NRS 616C.265 , an amount to be deposited in the Uninsured Employers' Claim Account. To establish the amount of the assessment, the Administrator shall determine the

amount of money necessary to maintain an appropriate balance in the Account for each

fiscal year and shall allocate a portion of that amount to be payable by private carriers,

a portion to be payable by self-insured employers, a portion to be payable by associations

of self-insured public or private employers and a portion to be payable by the employers

who provide accident benefits pursuant to NRS 616C.265 , based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable, the Administrator shall apply an assessment

rate to the: (a) Private carriers that reflects the relative hazard of the employments covered

by the private carriers, results in an equitable distribution of costs among the private

carriers and is based upon expected annual premiums to be received; (b) Self-insured employers that results in an equitable distribution of costs among

the self-insured employers and is based upon expected annual expenditures for claims; (c) Associations of self-insured public or private employers that results in an equitable

distribution of costs among the associations of self-insured public or private employers

and is based upon expected annual expenditures for claims; and (d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflects the relative hazard of the employments covered by those employers,

results in an equitable distribution of costs among the employers and is based upon

expected annual expenditures for claims. The Administrator shall adopt regulations for the establishment and administration

of the assessment rates, payments and any penalties that the Administrator determines

are necessary to carry out the provisions of this subsection. As used in this subsection, the term “ group of insurers ” includes the group of employers who provide accident benefits for injured employees

pursuant to NRS 616C.265 . 7. The Commissioner shall assign an actuary to review the establishment of assessment

rates. The rates must be filed with the Commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310 .