The state, any agency, department, division, commission, board, bureau, officer or other authority thereof, and each county, city and county, city, school district, irrigation district, any other district established by law, or other public corporation or quasi public corporation within the state, including any public utility operated by a private corporation may insure against its liability for compensation with the State Compensation Insurance Fund. Where the state or any agency, department, division, commission, board, bureau, officer or authority thereof is the insured, the premium for that insurance shall be a proper charge against any moneys appropriated for the support of or expenditure by the insured, except that in the case of an insured supported by or authorized to expend moneys appropriated out of more than one fund, the insured, with the approval of the Director of Finance, may determine the proportion of the premium to be paid out of each fund. In that case the insured, with the approval of the Director of Finance, may pay the entire premium out of any of those funds and thereafter the funds used for payment shall be reimbursed in proper proportion out of the other funds. In case a county, city and county, city, school district, irrigation district, or other district established by law, or other public corporation or quasi public corporation within the state is the insured, the premium therefor shall be a proper charge against the general fund of the insured.
The State Compensation Insurance FundCoverage of Public Employers
Section § 11870
This section allows various public entities and corporations in California, including cities, counties, school districts, and public utilities, to get insurance from the State Compensation Insurance Fund to cover their liability for compensation. For state entities, the insurance premium can be paid from funds allocated for their expenses. If an entity is financed by multiple funds, it can decide how the cost is divided among them, with approval, and manage reimbursement accordingly. For other local or public entities, the cost of insurance is charged against their general fund.
State Compensation Insurance Fund public entities insurance insurance premium allocation
Section § 11871
This law allows the California State Compensation Insurance Fund to make a deal with the Department of Human Resources to manage workers’ compensation claims for state agencies that don’t have insurance through the fund. It sets a consistent service rate for all agencies, except for the California Highway Patrol, which might have a different rate.
The fund can handle, adjust, and settle claims and spend money on necessary things like medical expenses. The agency that has the claim must pay the fund back for its expenses and services.
The fund is also authorized to take action to recover money from third parties when applicable, and it can file liens, intervene in cases, or settle claims to recover funds on behalf of the state agency.
The State Compensation Insurance Fund may enter into a master agreement with the Department of Human Resources to render services in the adjustment and disposition of claims for workers’ compensation to any state agencies, including any officer, department, division, bureau, commission, board or authority, not insured with the fund.
The master agreement shall provide for rendition of services at a uniform rate to all agencies, except that the rate for the Department of the California Highway Patrol may be fixed independently of the uniform rate.
The fund may, in accordance with the agreement, adjust and dispose of claims for workers’ compensation made by an officer or employee of any state agency not insured with the fund.
The fund may make all expenditures, including payment to claimants for medical care or for adjustment or settlement of claims, necessary to the adjustment and final disposition of claims. The agreement shall provide that the state agency whose officer or employee is a claimant shall reimburse the fund for the expenditures and for the actual cost of services rendered.
The fund may in its own name, or in the name of the state agency for which the services are performed, do any and all things necessary to recover on behalf of the state agency for which it renders service any and all amounts which an employer might recover from third persons under Chapter 5 (commencing with Section 3850) of Part 1 of Division 4 of the Labor Code, or which an insurer might recover pursuant to Section 11662 including the right to commence and prosecute actions, to file, pursuant to Chapter 5 (commencing with Section 3850) of Part 1 of Division 4 of
the Labor Code, liens for whatever sums would be recoverable by suit against a third person, to intervene in other court proceedings, and to compromise claims and actions before or after commencement of suit or after entry of judgment when in the opinion of the fund full collection cannot be enforced.
State Compensation Insurance Fund master agreement Department of Human Resources
Section § 11872
This law says that each year, a special fund can make agreements with state agencies like the Department of Finance and others for services they provide to the fund. If they can't agree on how much these services should cost, the Department of General Services will help decide on a fair price.
The fund may annually enter into agreements with state agencies for service to be rendered to the fund. These state agencies include, but shall not be limited to: the Department of Finance, Department of General Services, State Personnel Board, and the Public Employees’ Retirement System. If these agencies and the fund cannot agree upon the cost of services provided by the agreements, the Department of General Services shall be requested to arrive at an equitable settlement.
service agreements state agencies Department of Finance
Section § 11873
This law outlines when the State Compensation Insurance Fund is subject to certain government code provisions. Generally, the fund isn't bound by government code rules unless specifically stated. However, it must follow specific government code sections except for certain articles and sections. During the periods from July 1, 2012, to June 30, 2013, and July 1, 2020, to June 30, 2021, the fund's positions are exempt from hiring freezes and staff reductions, echoing existing law. Despite this, employees were still required to accept any statewide pay cuts during those periods. If there's a conflict between this law and any negotiated agreements affecting employee compensation, the agreement takes precedence, provided it's approved by the Legislature if it involves spending money.
(a)CA Insurance Code § 11873(a) Except as provided by subdivision (b), the fund shall not be subject to the provisions of the Government Code made applicable to state agencies generally or collectively, unless the section specifically names the fund as an agency to which the provision applies.
(b)CA Insurance Code § 11873(b) The fund shall be subject to the provisions of Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of, Division 10 (commencing with Section 7920.000) of Title 1 of, Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of, Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the Government Code, and Division 5 (commencing with Section 18000) of
Title 2 of the Government Code, with the exception of all of the following provisions of that division:
(1)CA Insurance Code § 11873(b)(1) Article 1 (commencing with Section 19820) and Article 2 (commencing with Section 19823) of Chapter 2 of Part 2.6 of Division 5.
(2)CA Insurance Code § 11873(b)(2) Sections 19849.2, 19849.3, 19849.4, and 19849.5.
(3)CA Insurance Code § 11873(b)(3) Chapter 4.5 (commencing with Section 19993.1) of Part 2.6 of Division 5.
(c)CA Insurance Code § 11873(c) Except as provided in subdivisions (d) and (e) for the period from July 1, 2012, to June 30, 2013, inclusive, and for the period from July 1, 2020, to June 30, 2021, inclusive, and notwithstanding any provision of the Government Code or any other provision of law, the positions funded by
the State Compensation Insurance Fund are exempt from any hiring freezes and staff cutbacks otherwise required by law. This subdivision is declaratory of existing law.
(d)CA Insurance Code § 11873(d) Notwithstanding any other law, employees of the fund shall, without limitation, be subject to any and all reductions in state employee compensation imposed by the Legislature on other state employees for the period from July 1, 2012, to June 30, 2013, inclusive, and for the period from July 1, 2020, to June 30, 2021, inclusive, regardless of the means adopted to effect those reductions.
(e)CA Insurance Code § 11873(e) With the exception of the reductions authorized in subdivision (d), if any provision of this section, or any practice or procedure adopted pursuant to this section, is in conflict with the provisions of a memorandum
of understanding reached pursuant to Section 3517.5 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
State Compensation Insurance Fund hiring freeze exemption staff cutbacks
Section § 11874
This law states that when the act takes effect, a financial procedure will happen where the Controller issues a payment order for all the money in the State Compensation Insurance Fund's account held by the Treasurer. The Treasurer must then pay out this order to the State Compensation Insurance Fund.
On the effective date of this act the Controller shall draw his or her warrant in favor of the State Compensation Insurance Fund for the total amount of the funds in the custody of the Treasurer belonging to the State Compensation Insurance Fund, and the Treasurer shall pay that warrant.
State Compensation Insurance Fund Treasurer Controller
