Tennessee § 50-6-401 - Authority to write insurance — Tax.

§ 50-6-401. Authority to write insurance — Tax.

Every person, partnership, association, organization or corporation, whether organized under the laws of this or any other state or country, that has or may hereafter comply with the laws of this state and is authorized to write accident or indemnity insurance in this state shall be authorized and empowered to write workers' compensation insurance under the terms and provisions of this part, and likewise every reciprocal and mutual insurance association or corporation shall have the same privileges; provided, that any such entity offering workers' compensation insurance shall be required to offer medical benefits coverage for paid-on-call and volunteer firefighters. For purposes of this subdivision (a)(1), “volunteer firefighter” means any member or personnel of a fire department, volunteer fire department, rescue squad or volunteer rescue squad, including, but not limited to, a junior member, a board member or an auxiliary member of the department or squad. An entity offering workers' compensation insurance shall offer coverage for members of rescue squads on similar terms and conditions as coverage available to full-time paid firefighters or emergency medical services personnel. All insurance carriers provided for by this section shall be subject to a tax of four percent (4%) on premiums collected for workers' compensation insurance, and a surcharge of four tenths of one percent (0.4%) of the premiums, the surcharge to be earmarked for the administration of the Tennessee Occupational Safety and Health Act, compiled in chapter 3 of this title, and this shall be in lieu of any other tax on premiums for the writing of the business of workers' compensation insurance now provided for by law. The surcharge of four tenths of one percent (0.4%) on the tax on workers' compensation insurance premiums levied by this section shall not apply to any employer who employs ten (10) or fewer employees unless the employer is in the business of construction or manufacturing. Of the funds collected pursuant to subsection (b), a sum sufficient shall be allocated from and equal to an amount not greater than fifty percent (50%) of the revenues derived from the premium tax levied pursuant to this section, and shall be paid into the subsequent injury and vocational recovery fund created in § 50-6-208, to provide payments for the benefits provided in § 50-6-208. Acts 1919, ch. 123, § 40; 1923, ch. 84, § 4; Shan. Supp., § 3608a190; Code 1932, § 6894; C. Supp. 1950, § 6894; impl. am. Acts 1980, ch. 534, § 1; Acts 1981, ch. 396, §§ 3, 4; T.C.A. (orig. ed.), § 50-1201; Acts 1985, ch. 393, § 17; 1988, ch. 707, §§ 1, 2; 1995, ch. 449, § 1; 1997, ch. 533, § 51; 2013, ch. 210, § 1; 2017, ch. 344, § 1. Code Commission Notes. Former subsection (d), concerning the transfer of funds earmarked for the administration of the Tennessee Occupational Safety and Health Act to the general fund, was deleted as obsolete by the code commission in 2005. Amendments. The 2017 amendment substituted “subsequent injury and vocational recovery fund” for “second injury fund” near the end of (c). Effective Dates. Acts 2017, ch. 344, § 12. May 9, 2017. Cross-References. Business corporations, service on corporation, § 48-15-104 . Inapplicability of part to claims filed against state, § 9-8-307 . Premium tax on insurers, § 56-4-206 . Law Reviews. The Exclusiveness of an Employee's Workers' Compensation Remedy Against His Employer (Joseph H. King, Jr.), 55 Tenn. L. Rev. 405 (1988). Attorney General Opinions. Applicability to county-sponsored community programs' volunteers, OAG 90-45 (3/28/90).