South Dakota § 58-20-25 - Terms as used in §§ 58-20-25 to 58-20-40.

§ 58-20-25. Terms as used in §§ 58-20-25 to 58-20-40.

Terms used in §§ 58-20-25 to 58-20-40, inclusive, mean:

(1)    "Administrator," a person, partnership, limited liability company, or corporation engaged by a workers' compensation self-insurance association to carry out the policies established by the association and to provide management for the association;

(2)    "Association," a not-for-profit workers' compensation self-insurance association consisting of two or more employers which are electric utilities, or an electric utility trade association, which enter into agreements to pool their liabilities for workers' compensation benefits in this state;

(3)    "Certificate," a workers' compensation self-insurance certificate issued by the department in accordance with §§ 58-20-25 to 58-20-40, inclusive;

(4)    "Department," the South Dakota Department of Labor and Regulation;

(5)    "Insolvency," the inability of an association to pay its outstanding lawful obligations as they mature in the regular course of business, as may be shown either by an excess of its required reserves and other liabilities over its assets, or by its not having sufficient assets to reinsure all of its outstanding liabilities after paying all accrued claims owed by it; and

(6)    "Workers' compensation liability," liability to which an electric utility company is subject as an employer under the South Dakota workers' compensation law.

Source: SL 1995, ch 282, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.