Delaware Code Title 19 Sec. 2392 – Assessments for administrative expenses on insurance carriers
(a) For the purpose of securing to the State the moneys necessary for paying the salaries and necessary expenses of the State in administering and carrying out Part II of this title relating to worker’s compensation, insurance carriers shall pay the assessments imposed by this section.
Terms Used In Delaware Code Title 19 Sec. 2392
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 2301
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Labor. See Delaware Code Title 19 Sec. 2301
- Insurance carrier: means any insurance corporation, mutual association or company or interinsurance exchange which insures employers against liability under this chapter or against liability at common law for accidental injuries to employees. See Delaware Code Title 19 Sec. 2301
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Semi-annually, on or before September 30 and March 31, every insurance carrier, insuring employees who are or may be liable under this chapter to pay for compensation for personal injuries to or death of their employees, shall report, under oath, or, in the case of a corporation, verified by the affidavit of its president and secretary or other chief officers or agents, to the Secretary of Finance, the amount of all compensation payments and awards actually paid by said carrier during the preceding calendar year, excluding payments made under § 2395 of this title and reimbursements received under § 2396 of this title.
(c) The Division of Industrial Affairs semi-annually as soon as practicable after January 1, 1996 and July 1 shall ascertain and report to the Secretary of Finance the total amount of the following expenses:
(1) 100% of the expenses of the Industrial Accident Board;
(2) 66.6% of all expenses of the inspection function of the Division of Industrial Affairs;
(3) 66.6% of all expenses of the safety function of the Division of Industrial Affairs; and
(4) a. A portion of the Division of Industrial Affairs’ administration costs which shall be computed by first adding paragraphs (c)(1), (2) and (3) of this section set forth immediately above; this sum shall then be divided by the amount of all expenses of the Division of Industrial Affairs; the quotient yielded shall be set forth as a percentage rate which shall then be multiplied by the total expenses of the administrative function of the Division of Industrial Affairs, and the product shall be the portion of the Division’s administration costs.
b. In determining these expenses, the Division of Industrial Affairs shall include in addition to the direct cost of personal service, the cost of maintenance and operation, the cost of retirement contributions made and workers’ compensation premiums paid by the State for and on account of personnel, rentals for space occupied in state-owned or state-leased buildings and all other direct and indirect costs incurred during the preceding calendar year. An itemized statement of the expenses so ascertained shall be open to public inspection in the office of the Department from January 16 to January 31 and from July 16 to July 31 at which time any insurance carrier may challenge said amount of expenses. An appeal of said expenses must be made in writing and received by the Secretary of Labor within 5 days of the closing date of the inspection period. The Secretary or the Secretary’s designee shall render a decision of the appeal in writing.
(d) The Department shall then determine for each insurer the proportion/percentage of the expense determined in subsection (c) of this section that the total compensation or payments made by each insurer bore to the total of such expenses. Using these proportions/percentages, the Department shall then assess each insurer its proportion/percentage of such expenses. The amounts so secured shall be paid to the Department of Labor, Division of Industrial Affairs for the expenses of administering this chapter. Such sums shall not be part of the General Fund of the State.
Code 1915, § ?3193eee; 30 Del. Laws, c. 204; Code 1935, § ?6127; 42 Del. Laws, c. 55, § ?3; 19 Del. C. 1953, § ?2392; 57 Del. Laws, c. 741, §§ ?29B-29D; 61 Del. Laws, c. 152, § ?2; 65 Del. Laws, c. 260, § ?1; 67 Del. Laws, c. 260, § ?1; 70 Del. Laws, c. 118, § ?244; 70 Del. Laws, c. 172, § ?3; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 84, §§ ?3, 20; 72 Del. Laws, c. 80, § ?1;