2.2-2821 - Workers' compensation insurance plan for state employees trust fund for payment of claims. - Virginia Statutes

§ 2.2-2821. Workers' compensation insurance plan for state employees trustfund for payment of claims.

A. The Workers' Compensation Insurance Program (the Program) establishedunder former § 2.1-526.10 and administered by the Department of GeneralServices through its Division of Risk Management is hereby continued andtransferred to the Department of Human Resource Management.

B. The Program shall be established through a program of self-insurance,purchased insurance or a combination of self-insurance and purchasedinsurance that is determined to be the most cost effective on a statewidebasis and will be of less cost to the Commonwealth than the aggregate ofindividual agency policies. If the Department of Human Resource Management isinformed by the Office of the Attorney General that it will not provide adefense due to a conflict or other appropriate reason, the Department shallprovide for payment of attorneys' fees and expenses incurred in defendingworkers' compensation claims against the Commonwealth, its agencies andinstitutions.

C. The Program shall provide for the establishment of a trust fund for thepayment of claims covered under the Program. The funds shall be invested asprovided in § 2.2-1806, and interest shall be added to the fund as earned.The trust fund shall also provide for payment of administrative costs,contractual costs, and other necessary expenses related to the administrationof the Program.

D. The Program shall be submitted to the Governor for approval prior toimplementation.

E. The Department of Human Resource Management may confer with the properofficials or employees of all agencies and institutions of the Commonwealthfor the purpose of providing loss prevention programs. The Department mayseek the assistance of state agencies, risk management consulting companies,loss prevention engineering companies, and their representatives in devisingmeans by which causes of loss may be reduced or eliminated.

F. Information contained in investigative reports of any state or localpolice department, sheriff's office, fire department or fire marshal relevantto the Program established pursuant to this section shall be made availableupon request by the Department. Information so requested shall be furnishedwithin a reasonable time, not to exceed thirty days.

(2000, cc. 633, 697, § 2.1-114.5:02; 2001, c. 844.)