MyLRC +
HB 1208 extend the date for filing claims with the...

State of South Dakota  
SEVENTY-SIXTH SESSION
LEGISLATIVE ASSEMBLY,  2001
 

400E0726  
HOUSE BILL   NO.     1208  

        Introduced by: Representatives Michels, Duniphan, and Sebert and Senators Munson, Brosz, Brown (Arnold), and Everist  


         FOR AN ACT ENTITLED, An Act to  extend the date for filing claims with the subsequent injury fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 62-4-34.7 be amended to read as follows:
     62-4-34.7.   Administration of the subsequent injury fund by the Division of Insurance and reimbursement of complete and valid claims shall continue until approved, denied, or settled. Any claim for reimbursement from the subsequent injury fund shall be filed by June 30, 1999 January 1, 2002 . Only those claims timely filed with the division by June 30, 1999 January 1, 2002 , pursuant to the requirements of §   62-4-34.1 , in effect prior to July 1, 1999, and completed by October 1, 1999 April 1, 2002 , pursuant to the requirements set forth in §   62-4-34.4 , in effect prior to July 1, 1999, shall be eligible for reimbursement from the subsequent injury fund. Any claim timely filed by June 30, 1999 January 1, 2002 , and completed by October 1, 1999 April 1, 2002 , as set forth in this section, shall be approved or denied by the division pursuant to the requirements of § §   62-4-34 to 62-4-36.3, inclusive, in effect prior to July 1, 1999. The division shall continue to make any necessary assessments pursuant to the requirements set forth in

§   62-4-35 in effect prior to July 1, 1999, until all eligible claims completed as set forth in this section that are approved by the division or determined by the court to be eligible for reimbursement are paid, and until all matters in litigation concerning the subsequent injury fund are resolved. Any claim in matters being litigated concerning the subsequent injury fund is not eligible for interest or costs. Any remaining balance in the fund after all obligations of the fund have been satisfied shall be deposited in the general fund. Priority of payment shall be determined as of the date and time they are determined by the division to be complete and valid. No claim against the subsequent injury fund is vested until it is complete as set forth in this section. Any completed claim regardless of the date of injury or the date of notice of claim is subject to the two-thirds method of reimbursement pursuant to §   62-4-34 in effect prior to July 1, 1999.