Oklahoma § 85-407 - Repealed by Laws 2013, c. 208, § 171, eff. Feb. 1, 2014

§ 85-407. Repealed by Laws 2013, c. 208, § 171, eff. Feb. 1, 2014

NOTE: Subsequent to repeal, this section was amended by Laws 2013,

c. 254, § 49 to read as follows:

A. There is hereby created in the State Treasury the "Workers'

Compensation Administration Fund" to be used for the costs of administering

the Workers' Compensation Code and for other purposes pursuant to legislative

appropriation.

Oklahoma Statutes - Title 85. Workers' Compensation

B. No money on deposit with the State Treasurer to the credit of the

Workers' Compensation Administration Fund shall be expended except pursuant

to legislative appropriation.

C. For the purpose of providing funds for the Workers' Compensation

Administration Fund, each mutual or interinsurance association, stock

company, or other insurance carrier writing workers' compensation insurance

in this state shall pay to the Oklahoma Tax Commission a tax at a rate of one

percent (1%) of all gross direct premiums written during each quarter of the

calendar year for workers' compensation insurance on risks located in this

state after deducting from such gross direct premiums, return premiums,

unabsorbed portions of any deposit premiums, policy dividends, safety

refunds, savings and other similar returns paid or credited to policyholders.

Such payments to the Tax Commission shall be made not later than the

fifteenth day of the month following the close of each quarter of the

calendar year in which such gross direct premium is collected or collectible.

Contributions made by insurance carriers under the provisions of this section

shall be considered for the purpose of computing workers' compensation rates.

D. When an employer is authorized to become a self-insurer, the

Administrator of the Workers' Compensation Court as directed by the Workers'

Compensation Court shall so notify the Tax Commission, giving the effective

date of such authorization. The Tax Commission shall then assess and collect

from the employers carrying their own risk a tax at the rate of two percent

(2%) of the total compensation for permanent total disability awards,

permanent partial impairment awards and death benefits paid out during each

quarter of the calendar year by the employers. Such tax shall be payable by

the employers and collected by the Tax Commission according to the provisions

of this section regarding payment and collection of the tax created in

subsections C, E, F and G of this section.

E. It shall be the duty of the Tax Commission to collect the payments

provided for in this act. The Tax Commission is hereby authorized to bring

an action for the recovery of any delinquent or unpaid payments required in

this section. The Tax Commission may also enforce payments by proceeding in

accordance with the provisions of Section 346 of this title.

F. The Tax Commission shall pay monthly to the State Treasurer to the

credit of the General Revenue Fund all monies collected under the provisions

of this section.

G. The refund provisions of Sections 227 through 229 of Title 68 of the

Oklahoma Statutes shall be applicable to any payments made pursuant to this

section.