Tennessee § 50-6-801 - Creation — Legislative intent — Uses of fund.

§ 50-6-801. Creation — Legislative intent — Uses of fund.

There is created the uninsured employers fund as an account in the general fund, which shall be invested pursuant to § 9-4-603. Moneys from the fund may be expended to fund activities authorized by this part. Any revenues deposited in this fund shall remain in the fund until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any appropriation for the fund shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. The uninsured employers fund may receive revenues that shall include all penalties assessed and collected from employers who fail to provide workers' compensation coverage or who fail to qualify as self-insurers pursuant to this chapter, and any other amounts that may be appropriated. In addition, when deemed necessary in the discretion of the administrator and when the balance remaining in the uninsured employers fund is less than the amount of funds distributed by the bureau to provide benefits to injured workers in the previous fiscal year, the administrator may also withdraw up to twenty-five percent (25%) of the balance of funds remaining after the costs and expenditures provided by § 50-6-913(b) have been satisfied, from the employee misclassification education and enforcement fund to provide benefits under this part. The uninsured employers fund shall be used for payment of the costs incurred by the bureau of workers' compensation to administer the assessment of and collection of penalties provided in § 50-6-412 and the cost of administering this part 8 including, but not limited to, lien fees or fees of third party administrators. The bureau may use any revenues remaining in the uninsured employers fund that are not used for the purposes provided in subsection (c) to provide temporary disability and medical benefits to any eligible employee who suffered an injury arising primarily within the course and scope of the employee's employment with an employer who failed to secure the payment of compensation pursuant to this chapter at the time the eligible employee suffered the injury. An employee shall be an eligible employee within the meaning provided by this section if: The employee was employed by an employer who failed to secure payment of compensation pursuant to this chapter; The employee suffered an injury on or after July 1, 2015, primarily within the course and scope of employment, at a time when the employer had failed to secure the payment of compensation; The employee was a Tennessee resident on the date of injury; The employee provided notice to the bureau of the injury and of the failure of the employer to secure the payment of compensation within a reasonable period of time, but in no event more than one hundred eighty (180) days, after the date of the injury; and Except as provided in § 50-6-802(d) and (e), the employee secured a judgment for workers' compensation benefits against the employer for the injury. Acts 2000, ch. 972, § 2; 2014, ch. 765, §§ 1, 2; 2015, ch. 341, § 15; 2016, ch. 816, § 10; 2020, ch. 731, § 3. Compiler's Notes. Acts 2020, ch. 731, § 5 provided that the act, which amended this section, applies to injuries occurring on or after June 22, 2020. Amendments. The 2014 amendment added the last sentence in (b); substituted “division of workers' compensation” for “department of labor and workforce development” in (c); and added (d). The 2015 amendment substituted “bureau” for “division” throughout. The 2016 amendment added “and the cost of administering this part 8 including, but not limited to, lien fees or fees of third party administrators” at the end of (c). The 2020 amendment substituted "one hundred eighty (180) days" for "sixty (60) days" in (d)(4). Effective Dates. Acts 2014, ch. 765, § 4. April 24, 2014. Acts 2015, ch. 341, § 19. May 4, 2015. Acts 2016, ch. 816, § 11. April 14, 2016. Acts 2020, ch. 731, § 5. June 22, 2020.