The State Compensation Insurance FundOrganization and Powers
Section § 11770
The State Compensation Insurance Fund continues to operate under the direction of an 11-member Board of Directors. Nine of these members are appointed by the Governor, while the Speaker of the Assembly and the Senate Committee on Rules each appoint one member. A Director of Industrial Relations also serves, but as a nonvoting member.
The board members should have experience in areas like workers’ compensation, legal, and financial management. They are compensated for meetings, with some receiving a fixed annual salary that adjusts for inflation. Board members must avoid conflicts of interest and attend mandatory training on relevant topics.
Various board committees, including audit and investment committees, must be established. Members can be replaced if they fail to attend meetings. Initial terms for some members differ based on the appointed session.
Section § 11771
This law states that California isn't responsible for any debts or obligations related to the State Compensation Insurance Fund, beyond what the Fund itself can cover with its assets.
Section § 11771.5
When advertising, the State Compensation Insurance Fund must clearly state that it is not a part of the government of California. This disclaimer helps avoid confusion about its relationship with the state.
Section § 11772
This law protects the board of directors, their members, and employees of a fund from personal liability for acts or obligations done as part of their official duties, as long as they act in good faith, without fraudulent intent, and in connection with managing the fund or related affairs.
Section § 11773
This law states that the fund is to be set up as a public enterprise fund, meaning it operates similarly to a business but is managed by a government entity, with the aim to cover its expenses through the revenue it generates.
Section § 11774
This law states that the money in the fund can be used to cover insurance claims and also to pay for salaries and other expenses related to managing the fund, as outlined in this chapter.
Section § 11775
This section explains that the goal for the fund is to operate competitively with private insurers in the market after taking some time to get established. Ultimately, the fund should cover its own costs, meaning it's not intended to make a profit or suffer a loss. To achieve this, the fund will analyze its losses and expenses, and it might distribute dividends or credits as stated in this article.
Section § 11776
Every year around January 1st, the financial results of the fund are reviewed to see if there’s an excess of assets after covering liabilities, reserves, and potential disaster risks. If there’s extra money, the fund can give employer-insured members a cash dividend or a credit towards their next premium.
Section § 11777
This section says that the company's board of directors decides the amount of cash dividend or credit an employer can receive. This amount is based on what the board thinks is the employer's fair share of the company's extra profits.
Section § 11778
This law section states that the fund can provide workers' compensation insurance just like any other insurance company in the state. It also means that the fund is subject to the same regulatory oversight by the insurance commissioner, unless specifically exempted. Additionally, for regulatory purposes, the fund is treated as if it is officially allowed to offer this type of insurance.
Section § 11779
This section allows a fund to provide insurance coverage to California employers for their responsibilities related to compensation or damages arising from employee injury or death, as required by federal or maritime laws like the U.S. Longshoremen's and Harbor Workers' Compensation Act. The fund can offer this insurance just like a private insurance company would.
Section § 11780
This law allows a fund to provide insurance to an employer for damages related to injuries or deaths of their employees within California. However, this is only possible if the employer also has workers’ compensation insurance through the same fund.
Section § 11780.5
This law allows a fund to insure California employers against workers' compensation claims if their employees temporarily work out of state. This can happen only if the fund already insures those employers' operations in California.
Employers must have their main business and most employees based in California to qualify. The fund can also partner with other insurers, but only if those insurers have a good credit rating, past experience with workers' comp, and a substantial financial surplus.
The fund can't advertise this out-of-state insurance option proactively.
Section § 11781
This law section grants the board of directors complete control over the State Compensation Insurance Fund. They have the same powers as a private insurance company's governing body to manage and conduct the fund's business operations. The main office for the fund's activities is in San Francisco.
Section § 11781.5
This law allows the State Compensation Insurance Fund to buy and own land for a branch office in Los Angeles if the board of directors decides it's needed. They can also build appropriate facilities on that property if required, as long as they follow the law.
Section § 11782
This law states that all the operations and matters of the State Compensation Insurance Fund must be managed using its official name. The board of directors can carry out their authorized duties under this name, without using any other names or titles.
Section § 11783
The State Compensation Insurance Fund in California can handle legal matters, like suing or being sued. It can also make contracts and manage its money according to the law. The Fund can conduct any business or activities related to its purpose, even if they aren't specifically listed in the law. Additionally, it can commission an independent study to explore the possibility of issuing bonds or securities, considering their purpose and potential risks.
Section § 11784
The president of the workers' compensation fund in California has the authority to manage the fund's business, which includes entering contracts for insurance and selling annuities. They can decline coverage if safety regulations are not met or if the risk is too high. Additionally, the president can arrange for reinsurance, audit employers' payrolls, make rules for settling claims, and decide on compensation distribution. They can also contract with medical professionals and hospitals to care for people receiving benefits from the fund.
Section § 11785
This law outlines the responsibilities of the board of directors in appointing key executives for a fund and setting their salaries. These positions include high-level roles such as president, chief financial officer, and others necessary for managing the fund effectively. The salaries must be competitive and justified by salary surveys submitted to the Department of Human Resources. These positions are not subject to usual state agency rules.
Further, the law requires compliance with the Milton Marks Postgovernment Employment Restrictions Act and mandates transparency through the Bagley-Keene Open Meeting Act and the California Public Records Act. The board must report to the Legislature every two years on salary criteria and compensation details.
Section § 11785.5
This law prevents former members of the Board of Directors and certain high-ranking officers of the State Compensation Insurance Fund from lobbying the fund for two years after they leave their positions. Additionally, if these former members or officers wish to offer consulting services to the fund, it must be approved by the current board of directors.
Section § 11786
Before the president can start their duties, they must provide a $50,000 bond approved by the directors and take an official oath. The board's approval is shown by signing the bond which is then filed with the Secretary of State.
Section § 11787
The board of directors has the ability to give the president of the fund the authority to perform certain tasks, as long as they follow specific rules and conditions set by the board. While the president can manage these responsibilities just like the board would, they must still get the board's approval.
Section § 11788
This law states that the State Treasurer is responsible for keeping all the securities that belong to the State Compensation Insurance Fund safe. The Treasurer is personally accountable, and must use their official bond as a promise that these securities will be handled securely.
Section § 11790
This law states that all financial securities owned by a particular fund need to be given to the State Treasurer. Once the State Treasurer receives these securities, they will be added to the fund's account, and the Treasurer will hold onto them until there's a reason to do something different with them, as outlined in the relevant legal chapter.
Section § 11793
This law states that any money the State Compensation Insurance Fund spends doesn't have to follow the rules in a certain section of the Government Code. Basically, the fund's spending is not restricted by these specific government requirements.
Section § 11797
This law outlines the rules for how the State Compensation Insurance Fund (SCIF) in California can invest its excess funds. SCIF must invest like private insurance carriers but can only place 20% of surplus money in certain restricted investments. SCIF is allowed to buy state-issued bonds and Property Assessed Clean Energy (PACE) bonds without limits and these bonds remain valid obligations. SCIF can also make limited discretionary investments but these cannot exceed a small portion of its assets or surplus funds. Furthermore, SCIF can invest in certain money market mutual funds that adhere to specific rules, but cannot include foreign investments. The law is set to expire on January 1, 2027, unless extended.
Section § 11797
This law outlines how the State Compensation Insurance Fund (SCIF) in California should handle money that exceeds its current needs. The board must invest it similarly to private insurance carriers, but certain sections are excluded.
SCIF is also allowed to buy California's general obligation bonds and other state-issued debt, such as notes and warrants, in any amount, even signing purchase contracts for this. Additionally, they can purchase PACE bonds.
These bonds or debts, once delivered to SCIF, become valid, binding obligations and are not considered owned by the issuer. This law is set to take effect on January 1, 2027.
Section § 11800
The State Compensation Insurance Fund can deposit any extra money, not currently needed or invested, into authorized financial institutions as determined by the board of directors.
Section § 11800.1
This section allows the board of directors of the State Compensation Insurance Fund, with the State Treasurer's approval, to set up an account or fund in the State Treasury. However, money placed in this account is not considered state money under a specific government code section.
Section § 11800.2
This law requires the State Controller to maintain a special ledger for the State Compensation Insurance Fund. This ledger records only the actual cash credited or deposited, similar to how other cash accounts are recorded in the State Treasury's general ledger.
Section § 11801
This law ensures that the money and assets that the fund earns or accumulates from its workers’ compensation insurance activities cannot be used to pay off any obligations or claims related to the United States Longshoremen’s and Harbor Workers’ Act. This means that these resources are protected and cannot be taken or used for anything beyond their intended purpose in workers' compensation.
Section § 11802
This law requires that all financial assets, like premiums and investment income, and any property that the fund gets from issuing insurance under the United States Longshoremen’s and Harbor Workers’ Compensation Act must be kept in separate accounts and records.
Section § 11803
This law states that any financial responsibilities, like claims and business costs, related to insurance under the United States Longshoremen's and Harbor Workers' Compensation Act must be paid using the income generated exclusively from that specific insurance business.
Section § 11804
This law says that when multiple insurance businesses share an office or resources like furniture, cars, equipment, and supplies, each business must be charged fairly based on how much they use those resources. This means costs are divided equitably among all parties.
Section § 11805
The State Compensation Insurance Fund must provide an annual report to the Legislature detailing its activities related to insuring U.S. longshoremen and harbor workers. This report should include financial information, such as resources and liabilities, and be submitted soon after the calendar year ends, starting from December 31, 1979.