Md. Code, Labor and Employment, Title 10

Md. Code, Labor and Employment, Title 10
in effect

Md. Code, Labor and Employment § 10-101

(a) In this subtitle the following words have the meanings indicated. (b) “Administration” means the Maryland Insurance Administration. (c) “Board” means the Board for the Injured Workers’ Insurance Fund. (d) “Commissioner” means the Maryland Insurance Commissioner. (e) “Company” means the Chesapeake Employers’ Insurance Company established under Title 24, Subtitle 3 of the Insurance Article. (f) “Fund” means the Injured Workers’ Insurance Fund.

Md. Code, Labor and Employment § 10-102

(a) (1) There is an Injured Workers’ Insurance Fund. (2) The Fund is an instrumentality of the State. (b) On and after October 1, 2013, the Company, and not the Fund, shall serve as the workers’ compensation insurer of last resort for workers’ compensation insurance. (c) On and after October 1, 2013, the Fund: (1) shall continue to exist; but (2) may not issue new policies or otherwise engage in the business of insurance. (d) (1) On and after October 1, 2013, the Fund shall be the third party administrator for the State’s Self–Insured Workers’ Compensation Program for State Employees under a contract with the State. (2) At least once every 5 years, the Commissioner shall: (i) review the State’s Self–Insured Workers’ Compensation Program for State Employees, as administered by the Fund, to determine whether the State is receiving effective administrative services at a reasonable cost; and (ii) submit a report to the State Treasurer on the findings of the review. (e) (1) Subject to subsection (f) of this section, in the operation of the Company, the Company shall use employees of the Company. (2) Subject to subsection (f) of this section, in the operation of the Fund, the Fund: (i) shall use employees of the Fund; and (ii) may use nonsupervisory employees of the Company. (3) The Fund shall: (i) maintain a payroll and human resources system; and (ii) be responsible for paying: 1. the employer portion of any payroll or other taxes and retirement or pension contributions for employees of the Fund; and 2. for any health or other employee benefits that are available to employees of the Fund. (f) (1) Employees of the Fund may be assigned to perform functions of the Company under a contract between the Fund and the Company. (2) Nonsupervisory employees of the Company may be assigned to perform functions of the Fund under a contract between the Fund and the Company. (3) The Company and the Fund shall annually execute an agreement that lists: (i) the employees of the Fund who have been assigned to perform duties on behalf of the Company; and (ii) the nonsupervisory employees of the Company who have been assigned to perform duties on behalf of the Fund. (4) The agreement shall: (i) specify the employees who will be utilized by the Company and the Fund; (ii) provide that, except with respect to assets necessary for the Fund to perform its duties under this subtitle, all assets and liabilities of the Fund are the assets and liabilities of the Company; and (iii) be filed with the Administration. (5) Notwithstanding § 15–703(f)(3)(i) of the State Government Article, an employee of the Fund may register and maintain registration as a regulated lobbyist if the employee: (i) is assigned to perform functions of the Company under paragraph (1) of this subsection for which an employee of the Company would be required to register; and (ii) registers on behalf of the Company.

Md. Code, Labor and Employment § 10-103

(a) On and after October 1, 2013: (1) the Fund may not hire new employees; and (2) employees of the Fund: (i) may remain employees of the Fund; (ii) shall continue to be State employees only if they remain employees of the Fund; (iii) may not be required to be employees of the Company; (iv) shall be subject to each law that applied to employees of the Fund immediately before October 1, 2013; (v) shall be subject to the same terms and conditions of employment as existed immediately before October 1, 2013, including benefits, leave, and pay grade; (vi) shall remain in the State retirement system only if they remain employees of the Fund; (vii) except for changes in benefits or compensation applicable to State employees generally, may not be denied any compensation or benefit provided to employees of the Fund as of October 1, 2013; (viii) may not be denied a promotion, based on the employee’s status as an employee of the Fund; and (ix) subject to subsection (b) of this section, may elect to be an employee of the Company. (b) If an employee of the Fund intends to elect to be an employee of the Company under subsection (a)(2)(ix) of this section, the Company shall: (1) require the employee to make the election in writing; and (2) provide the employee with information that: (i) states that the election of the employee to become an employee of the Company is voluntary and irrevocable; and (ii) fully discloses the terms of employment with the Company. (c) An employee of the Company may not elect to be an employee of the Fund.

Md. Code, Labor and Employment § 10-104

(a) The Fund is independent of all State units. (b) (1) Except as provided in paragraph (2) of this subsection and elsewhere in this subtitle, the Fund is not subject to any law, including § 6–106 of the State Government Article, that affects governmental units. (2) The Fund is subject to: (i) Title 4 of the General Provisions Article; (ii) Title 12 of the State Government Article; (iii) the Maryland Public Ethics Law; and (iv) Title 5, Subtitle 3 of the State Personnel and Pensions Article. (3) Paragraph (1) of this subsection does not affect the exemption from property tax under § 7–210 of the Tax – Property Article.

Md. Code, Labor and Employment § 10-105

(a) (1) There is a Board for the Injured Workers’ Insurance Fund. (2) The Board shall manage the business and affairs of the Fund as an instrumentality of the State in accordance with State law. (b) (1) The Board consists of the following members: (i) the State Treasurer, or the State Treasurer’s designee; and (ii) the two members appointed to the Board for the Company by the Governor in accordance with § 24–307(b)(1)(i) of the Insurance Article. (2) The terms of the members of the Board described under paragraph (1)(ii) of this subsection are the same as the members’ terms on the Board for the Company. (c) The Board shall adopt rules, bylaws, policies, and procedures to carry out this subtitle.

Md. Code, Labor and Employment § 10-106

(a) (1) The Board shall appoint a President of the Fund. (2) The President of the Fund shall be an employee of the Fund. (b) (1) Except as provided in paragraph (2) of this subsection, employees of the Fund are special appointments. (2) A classified employee of the Fund hired before July 1, 1990 in a nonprofessional or nontechnical position shall remain a member of the classified service or its equivalent in the State Personnel Management System as long as the employee remains in a nonprofessional or nontechnical position with the Fund. (c) (1) The Board shall set compensation for its employees. (2) Except as otherwise provided in this subtitle, an employee of the Fund is not subject to any law, regulation, or executive order governing State employee compensation, including furloughs, salary reductions, or any other General Fund cost savings measure. (d) (1) This subsection does not apply to the layoff of an employee because of lack of work. (2) An employee of the Fund may not be permanently removed unless: (i) written charges are filed; (ii) the employee has an opportunity for a hearing in accordance with Title 10, Subtitle 2 of the State Government Article; and (iii) there is cause for removal.

Md. Code, Labor and Employment § 10-107

Notwithstanding any other law to the contrary, the Fund shall remain in existence until it: (1) no longer has any employees; and (2) is terminated by the repeal of this subtitle.

Md. Code, Labor and Employment § 10-108

(a) The State has no interest in the assets of the Fund. (b) All revenues, money, and assets of the Fund belong solely to the Fund and are held by the Fund in trust for the policyholders, injured workers and their families, and creditors of the Fund. (c) The State may not borrow, appropriate, or direct payments from the revenues, money, or assets of the Fund for any purpose. (d) The Fund may not be dissolved.

Md. Code, Labor and Employment § 10-201

(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Subsequent Injury Fund Board. (c) “Fund” means the Subsequent Injury Fund.

Md. Code, Labor and Employment § 10-208

(a) (1) The Board consists of 3 members, appointed by the Governor with the advice and consent of the Senate. (2) Of the 3 members of the Board: (i) 1 shall represent labor; (ii) 1 shall represent management; and (iii) 1 shall represent the general public. (b) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution. (c) (1) The term of a member is 4 years. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (d) The Governor may remove a member for incompetence or misconduct.

Md. Code, Labor and Employment § 10-209

(a) The Board shall determine the times and places of its meetings. (b) Subject to the State budget, each member of the Board is entitled to: (1) compensation for each day that the member is engaged in duties of the office; and (2) reimbursement for expenses under the Standard State Travel Regulations.

Md. Code, Labor and Employment § 10-210

(a) The Fund shall have a staff in accordance with the State budget. (b) (1) The Board shall appoint a Director for the Fund. (2) The Director is entitled to the salary provided in the State budget.

Md. Code, Labor and Employment § 10-211

(a) The Attorney General is the legal adviser to the Board and Fund. (b) With the approval of the Board, staff whom the Attorney General assigns to represent the Fund may hire each expert who is needed to defend an action into which the Fund is impleaded.

Md. Code, Labor and Employment § 10-214

(a) The Fund shall consist of: (1) the money credited to the Fund under Title 9 of this article; (2) income from investments that the State Treasurer makes for the Fund; (3) interest on deposits or investments of money from the Fund; (4) money that the Fund acquires by gift; and (5) money that the federal government pays as reimbursement for a payment from the Fund. (b) The Fund shall include each security that the Fund acquires. (c) The Fund shall be used to pay: (1) each award under Title 9 of this article charged against the Fund; and (2) other expenses authorized in the State budget.

Md. Code, Labor and Employment § 10-216

(a) The Board shall supervise the administration of the Fund. (b) (1) The Fund annually shall submit to the Governor a proposed budget for the Fund, for inclusion in the budget bill to be submitted to the General Assembly. (2) The proposed budget shall include an appropriation from the Fund for its budget.

Md. Code, Labor and Employment § 10-218

(a) Disbursement from the Fund for paying benefits to claimants or dependents shall be made by the Treasurer only on written order of the Workers’ Compensation Commission. (b) Disbursement from the Fund for any purpose other than paying benefits shall be made by the Treasurer only at the direction of the Director for the Fund under authority of the Board.

Md. Code, Labor and Employment § 10-219

(a) (1) As often as the Board requests but at least quarterly, the State Treasurer shall advise the Board about the amount of the Fund in the custody of the State Treasurer. (2) The State Treasurer annually shall submit to the Board a statement that, for the preceding calendar year: (i) states the balance on January 1; (ii) states the income and each source of income; (iii) itemizes each payment; and (iv) states the balance on December 31. (b) On or before October 1 of each year, the Board shall submit to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly an annual report that includes a detailed statement of the balances and expenses of the Fund.

Md. Code, Labor and Employment § 10-301

(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Uninsured Employers’ Fund Board. (c) “Fund” means the Uninsured Employers’ Fund.

Md. Code, Labor and Employment § 10-308

(a) (1) The Board consists of five members, appointed by the Governor with the advice and consent of the Senate. (2) Of the five members of the Board: (i) two shall have substantial experience as officers or employees of a property and casualty insurance company; (ii) one shall have substantial experience in the field of accounting or finance; (iii) one shall be a policyholder of workers’ compensation insurance issued in the State; and (iv) one shall represent the general public. (b) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution. (c) (1) The term of a member is 4 years. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (d) The Governor may remove a member for incompetence or misconduct.

Md. Code, Labor and Employment § 10-309

(a) The Board shall determine the times and places of its meetings. (b) Subject to the State budget, each member of the Board is entitled to: (1) compensation for each day that the member is engaged in duties of the office; and (2) reimbursement for expenses under the Standard State Travel Regulations. (c) The Board shall: (1) appoint a Director for the Fund; and (2) review the Director’s administration of the Fund. (d) The Director: (1) shall have immediate supervision and direction over the administration of the Fund; (2) may employ staff in accordance with the State budget; and (3) shall serve as the appointing authority for all staff. (e) An employee may appeal a disciplinary action taken by the Director to the Board.

Md. Code, Labor and Employment § 10-310

(a) (1) The Attorney General is the legal adviser to the Director and Fund. (2) The Attorney General may represent the Fund in any case that does not involve the rights of the Fund against another individual who: (i) is in the same employ as the employee who received benefits under Title 9 of this article; and (ii) caused the injury or death of the employee. (b) Staff whom the Attorney General assigns to represent the Fund may not represent another party in a claim under Title 9 of this article. (c) Staff whom the Attorney General assigns to represent the Fund may apply to the Director for authority to hire and, within an amount that the Director sets, to pay each expert or witness who is needed to defend a claim properly. (d) The Director shall assign to help the staff of the Attorney General each employee of the Fund who is needed to represent the Fund.

Md. Code, Labor and Employment § 10-314

(a) The Fund shall consist of: (1) the money credited to the Fund under Title 9 of this article; (2) income from investments that the State Treasurer makes for the Fund; and (3) interest on deposits or investments of money from the Fund. (b) Subject to subsection (d) of this section, the Director shall use the Fund to pay: (1) each award under Title 9 of this article charged against the Fund; (2) the amount that the Director authorizes for an expert or witness hired under § 10–310(c) of this subtitle; (3) other proper charges that the Director authorizes; (4) whenever an employer who is self–insured in accordance with § 9–404 or § 9–405 of this article becomes insolvent, any outstanding obligations of the employer; and (5) hearing loss claims for retirees of the Bethlehem Steel Corporation. (c) The liability of the Board, Director, Fund, State Treasurer, and State for all proper charges against the Fund is limited to the assets of the Fund. (d) Beginning in fiscal year 2021, the Director may use the Fund to pay for the administration of the Fund only if an appropriation is included in the State budget for this purpose.

Md. Code, Labor and Employment § 10-316

(a) The Director shall supervise the administration of the Fund. (b) (1) The Fund annually shall submit to the Governor a proposed budget for the Fund, for inclusion in the budget bill to be submitted to the General Assembly. (2) The proposed budget shall include an appropriation from the Fund for its budget.

Md. Code, Labor and Employment § 10-318

(a) (1) The State Treasurer shall invest surplus money of the Fund in any security in which a savings bank may invest under State law. (2) If the State Treasurer invests in a certificate of deposit, it shall: (i) be interest bearing; (ii) be issued by: 1. a bank located and authorized to do business in the State; 2. a national banking association located in the State; or 3. a trust company located and authorized to do business in the State; and (iii) be secured in full by a pledge of a direct obligation of the State or United States. (b) If sale of a security in which money of the Fund is invested is in the best interest of the Fund, the State Treasurer may sell the security.

Md. Code, Labor and Employment § 10-320

(a) The State Treasurer annually shall submit to the Director for the Fund a statement that: (1) for the fiscal year for which the statement is made: (i) states the balance of the Fund on the last day of the year; (ii) states the income of the Fund; and (iii) summarizes the payments from the Fund; and (2) states the balance of the Fund on the last day of the preceding fiscal year. (b) On or before October 1 of each year, the Board shall submit to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly an annual report that includes a detailed statement of the balances and expenses of the Fund.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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