Texas § LA.109 - The conservator, receiver, or other statutory successor of a group shall coordina

§ LA.109. The conservator, receiver, or other statutory successor of a group shall coordina

The conservator, receiver, or other statutory successor of a group shall coordinate with the board in the furtherance of the purposes of this subchapter. Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353 ), Sec. 1, eff. September 1, 2005. Sec. 407A.459. COLLECTION OF ASSESSMENTS FROM GROUP MEMBERS; CONTINUATION OF JOINT AND SEVERAL LIABILITY. (a) Each member of an insolvent group shall pay the amount of its assessment under this chapter to the commissioner not later than the 30th day after the date on which the commissioner notifies the member of the assessment. The commissioner shall collect assessments and costs from the members of the insolvent group. (b) The joint and several liability of the members of a group under Section 407A.056 continues and is not terminated by payment of benefits through the guaranty fund. (c) If the guaranty fund assumes payment of benefits for compensation liabilities on behalf of an insolvent group, the guaranty fund may collect delinquent assessments and costs through suit. Venue for a suit under this subsection is in Travis County. Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353 ), Sec. 1, eff. September 1, 2005. Sec. 407A.460. PAYMENT OF BENEFITS THROUGH GUARANTY FUND. (a) If the commissioner determines that the payment of benefits and claims administration shall be made through the guaranty fund, the guaranty fund assumes the workers' compensation obligations on behalf of the insolvent group and shall begin the payment of the obligations for which it is liable not later than the 30th day after the date of notification by the commissioner. (b) The guaranty fund shall make payments to claimants whose entitlement to benefits can be ascertained by the guaranty fund. (c) Notwithstanding Subsection (a), the guaranty fund is not liable for the payment of any penalties assessed for any act or omission on the part of any person other than the guaranty fund. Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353 ), Sec. 1, eff. September 1, 2005. Sec. 407A.461. POSSESSION OF SECURITY BY GUARANTY FUND. On the assumption of obligations on behalf of an insolvent group by the guaranty fund under the commissioner's determination, the guaranty fund is entitled to immediate possession of any assets of the insolvent group and any security deposited or the proceeds of any surety bond deposited by the insolvent group, along with all interest on the security. All assessments from members of the insolvent group shall be paid to the guaranty fund. Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353 ), Sec. 1, eff. September 1, 2005. Sec. 407A.462. RELEASE OF CLAIM INFORMATION TO GUARANTY FUND. If the guaranty fund has assumed compensation obligations on behalf of an insolvent group, information on a workers' compensation claim may be released to the guaranty fund as provided by Section 402.084 (a). Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353 ), Sec. 1, eff. September 1, 2005. Sec. 407A.463. GUARANTY FUND AS PARTY IN INTEREST. (a) The guaranty fund is a party in interest in a proceeding involving a workers' compensation claim against an insolvent group whose compensation obligations have been paid or assumed by the guaranty fund. (b) The guaranty fund has the same rights and defenses as the insolvent group, including the right to: (1) appear, defend, or appeal a claim; (2) receive notice of, investigate, adjust, compromise, settle, or pay a claim; and (3) investigate, handle, or deny a claim. Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353 ), Sec. 1, eff. September 1, 2005. Sec. 407A.464. PREFERENCES. (a) Benefit payments made by the guaranty fund under this subchapter are entitled to the same preference over other debts of the insolvent group as provided by law to benefit payments owed by the insolvent group to the person entitled to the benefits. (b) The guaranty fund has the priority status provided by Section 8, Article 21.28, Insurance Code. Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353 ), Sec. 1, eff. September 1, 2005. Sec. 407A.465. SPECIAL FUND. Monies advanced by the association under this chapter do not become assets of the insolvent group but constitute a special fund advanced to the commissioner, receiver, or other statutory successor only for the payment of compensation liabilities, including the costs of claim administration and legal costs. Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353 ), Sec. 1, eff. September 1, 2005.