{"data":{"id":"us-ky/krs-342.1243","jurisdiction":"us-ky","citation":"KRS 342.1243","heading":"Transfer of the administration, assets, and liabilities of the Kentucky coal","body":"workers' pneumoconiosis fund -- Assessments on employers -- Abolition of\nfund.\n(1) Notwithstanding any provisions of this chapter or any other provisions to the\ncontrary, the Kentucky coal workers' pneumoconiosis fund shall have no liability\nfor income benefits for coal workers' pneumoconiosis claims filed or reopened on or\nafter July 1, 2017.\n(2) Notwithstanding any provisions of this chapter or any other provisions  to the\ncontrary, as soon as practically possible after July 1, 2017, all of the assets and\nliabilities of the Kentucky coal workers' pneumoconiosis fund shall be transferred\nfrom the Kentucky Workers' Compensation Funding Commission and Division of\nWorkers' Compensation Funds to the Kentucky Employers' Mutual Insurance\nAuthority through a loss portfolio transfer agreement. The Kentucky Employers'\nMutual Insurance Authority shall have full authority and responsibility over the\nKentucky coal workers' pneumoc oniosis fund's claims and shall administer the\nclaims as permitted pursuant to KRS Chapter 342.\n(3) Notwithstanding the provisions of KRS 342.1242, the Workers' Compensation\nFunding Commission shall impose an assessment at an annual rate of fourteen\npercent (14%) upon the amount of workers' compensation premiums received on or\nafter January 1, 2017, through December 31, 2017, by every insurance carrier\nwriting workers' compensation insurance in the Commonwealth and by every self -\ninsured group operating under the provisions of KRS 342.350(4) and KRS Chapter\n304, from employers engaged in the severance or processing of coal. Likewise, on\nor after January 1, 2017, through December 31, 2017, an assessment at the rate of\nfourteen percent (14%) of premium shall be  paid by every employer engaged in the\nseverance or processing of coal who is carrying his or her own risk.\n(4) Notwithstanding the provisions of KRS 342.1242, the Workers' Compensation\nFunding Commission shall impose an assessment at an annual rate of fou rteen\npercent (14%) upon the amount of workers' compensation premiums received on or\nafter January 1, 2018, through December 31, 2018, by every insurance carrier\nwriting workers' compensation insurance in the Commonwealth and by every self -\ninsured group op erating under the provisions of KRS 342.350(4) and Chapter 304,\nfrom employers engaged in the severance or processing of coal. Likewise, on or\nafter January 1, 2018, through December 31, 2018, an assessment at the rate of\nfourteen percent (14%) of premium shall be paid by every employer engaged in the\nseverance or processing of coal who is carrying his or her own risk.\n(5) Notwithstanding the provisions of KRS 342.1242, in addition to the assessments in\nsubsection (3) and (4) of this section, for the calend ar years of 2017 and 2018, an\nassessment at the rate of fifteen cents ($0.15) per ton shall be imposed upon the\ntotal annual amount of tons of coal severed by every entity engaged in the severance\nof coal as required pursuant to KRS Chapter 143.\n(6) The assessments imposed by this section shall supersede any assessment imposed\npursuant to KRS 342.1242 for the calendar years of 2017 and 2018. Any amount\npaid and collected that exceeds the assessment imposed by this section in calendar\nyear 2017 shall be reimbursed to the employer or credited to the employer's account\nsubject to the preference of the employer.\n(7) Assessments pursuant to this section and KRS 342.1242 that are collected by the\nKentucky Worker's Compensation Funding Commission shall be transferr ed to the\nKentucky Employers' Mutual Insurance Authority.\n(8) When the Kentucky Workers' Compensation Funding Commission and the\nKentucky Employers' Mutual Insurance Authority have determined final audits are\nclosed and the liability of the fund is fully f unded, then the authority for imposing\nassessment rates pursuant to this section and KRS 342.1242 shall cease to exist.\nWhen all distributions pursuant to KRS 342.1242(8) have been completed, the\nKentucky coal workers' pneumoconiosis fund shall be abolishe d. Any funds\ncollected, following the abolition of the Kentucky coal workers' pneumoconiosis\nfund, from subrogation or otherwise, after the final distribution shall be transferred\nto the Kentucky coal employers self-insurance guaranty fund.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50929","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:30Z","sha256":"45a8a1bdb56ff13049a027ad66192d1a443d934baa01519f5ac0d86c03252204","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.1242","next":"us-ky/krs-342.125"},"notice":"GroundRules: Original legal text. Not legal advice."}