33 USC 944 - Special fund

U.S Code last checked for updates: Apr 28, 2024

§ 944.

Special fund

(a)

Establishment; administration; custody, trust

(b)

Disbursements; bond of custodian

(c)

Payments into fund

Payments into such fund shall be made as follows:

(1)

Whenever the Secretary determines that there is no person entitled under this chapter to compensation for the death of an employee which would otherwise be compensable under this chapter, the appropriate employer shall pay $5,000 as compensation for the death of such an employee.

(2)

At the beginning of each calendar year the Secretary shall estimate the probable expenses of the fund during that calendar year and the amount of payments required (and the schedule therefor) to maintain adequate reserves in the fund. Each carrier and self-insurer shall make payments into the fund on a prorated assessment by the Secretary determined by—

(A)

computing the ratio (expressed as a percent) of (i) the carrier’s or self-insured’s workers’ compensation payments under this chapter during the preceding calendar year, to (ii) the total of such payments by all carriers and self-insureds under this chapter during such year;

(B)

computing the ratio (expressed as a percent) of (i) the payments under section 908(f) of this title during the preceding calendar year which are attributable to the carrier or self-insured, to (ii) the total of such payments during such year attributable to all carriers and self-insureds;

(C)

dividing the sum of the percentages computed under subparagraphs (A) and (B) for the carrier or self-insured by two; and

(D)

multiplying the percent computed under subparagraph (C) by such probable expenses of the fund (as determined under the first sentence of this paragraph).

(3)

All amounts collected as fines and penalties under the provisions of this chapter shall be paid into such fund.

(d)

Investigations; records, availability; recordkeeping; provisions of sections 49 and 50 of title 15 applicable to Secretary

(1)

For the purpose of making rules, regulations, and determinations under this section under and for providing enforcement thereof, the Secretary may investigate and gather appropriate data from each carrier and self-insurer. For that purpose, the Secretary may enter and inspect such places and records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate.

(2)

Each carrier and self-insurer shall make, keep, and preserve such records, and make such reports and provide such additional information, as prescribed by regulation or order of the Secretary, as the Secretary deems necessary or appropriate to carry out his responsibilities under this section.

(3)

For the purpose of any hearing or investigation related to determinations or the enforcement of the provisions of this section, the provisions of sections 49 and 50 of title 15 (relating to the attendance of witnesses and the production of books, papers, and documents) are hereby made applicable to the jurisdiction, powers, and duties of the Secretary of Labor.

(e)

Depositories; investments

(f)

Limitation of liability

(g)

Audit by Comptroller General; finality of payment determinations; credits of disbursing officers

(h)

Civil actions for civil penalties and unpaid assessments

(i)

Proceeds available for certain payments

The proceeds of this fund shall be available for payments:

(1)

Pursuant to sections 1

 So in original. Probably should be “section”.

910 of this title with respect to certain initial and subsequent annual adjustments in compensation for total permanent disability or death.

(2)

Under section 908(f) and (g), under section 918(b), and under section 939(c) of this title.

(3)

To repay the sums deposited in the fund pursuant to subsection (d).

(4)

To defray the expense of making examinations as provided in section 907(e) of this title.

(j)

Audit to Congress

(Mar. 4, 1927, ch. 509, § 44, 44 Stat. 1444; July 26, 1956, ch. 735, § 8, 70 Stat. 656; Pub. L. 92–576, § 8, Oct. 27, 1972, 86 Stat. 1256; Pub. L. 98–426, §§ 24, 27(a)(2), Sept. 28, 1984, 98 Stat. 1653, 1654.)

cite as: 33 USC 944