281-A:11 Self-Insurance for Public Employers. –
Any public employer as defined in RSA 281-A:2, IX may, subject to RSA 281-A:5, III and the rules adopted to enforce that section, self-insure for workers' compensation coverage as follows:
I. If a public employer chooses to self-insure for workers' compensation coverage, the legislative body of that employer shall appropriate sufficient funds to implement a self-insurance program including, but not limited to, legal costs, benefits, and administrative costs.
II. The amount of appropriated funds shall be based on an actuarial determination of the amounts needed for self-insurance purposes. Any appropriated funds that are not encumbered under this section at the end of the fiscal year may be transferred to the general fund of the public employer.
III. Each year, as actuarially determined, the legislative body shall appropriate sufficient funds to create a financial reserve until all outstanding claims are disposed of. If additional funds are needed to increase the loss fund in any given year, the legislative body shall appropriate such funds as are necessary.
IV. Any income from investment of the loss fund may be returned annually to the general fund of the public employer or may be applied to the ensuing year's appropriation to the loss fund.
V. A public employer may also purchase from an insurance carrier such levels of insurance as it deems appropriate to provide coverage in excess of the amount in the loss fund.
VI. Any public employer self-insuring for workers' compensation coverage under this chapter is not an insurance company, reciprocal insurer or other insurer under the laws of this state, and administration of any activity of securing compensation to employees thereunder shall not constitute doing an insurance business for any purposes under title XXXVII.
VII. The department of labor shall have exclusive jurisdiction over any public employer or group or association of public employers self-insuring for workers' compensation coverage under this chapter or RSA 5-B.
Source. 1988, 194:2. 1992, 43:6, eff. June 8, 1992.