                                 CODE OF VIRGINIA

WORKERS&#8217; COMPENSATION INSURANCE PLAN FOR STATE EMPLOYEES TRUST FUND FOR
PAYMENT OF CLAIMS (§ 2.2-2821)

A. The Workers&#8217; Compensation Insurance Program (the Program) established
under former &#xA7; 2.1-526.10 and administered by the Department of General
Services through its Division of Risk Management is hereby continued and
transferred to the Department of Human Resource Management.

B. The Program shall be established through a program of self-insurance,
purchased insurance or a combination of self-insurance and purchased insurance
that is determined to be the most cost effective on a statewide basis and will
be of less cost to the Commonwealth than the aggregate of individual agency
policies. If the Department of Human Resource Management is informed by the
Office of the Attorney General that it will not provide a defense due to a
conflict or other appropriate reason, the Department shall provide for payment
of attorneys&#8217; fees and expenses incurred in defending workers&#8217;
compensation claims against the Commonwealth, its agencies and institutions.

C. The Program shall provide for the establishment of a trust fund for the
payment of claims covered under the Program. The funds shall be invested as
provided in &#xA7; 2.2-1806, and interest shall be added to the fund as earned.
The trust fund shall also provide for payment of administrative costs,
contractual costs, and other necessary expenses related to the administration of
the Program.

D. The Program shall be submitted to the Governor for approval prior to
implementation.

E. The Department of Human Resource Management may confer with the proper
officials or employees of all agencies and institutions of the Commonwealth for
the purpose of providing loss prevention programs. The Department may seek the
assistance of state agencies, risk management consulting companies, loss
prevention engineering companies, and their representatives in devising means by
which causes of loss may be reduced or eliminated.

F. Information contained in investigative reports of any state or local police
department, sheriff&#8217;s office, fire department or fire marshal relevant to
the Program established pursuant to this section shall be made available upon
request by the Department. Information so requested shall be furnished within a
reasonable time, not to exceed thirty days.

HISTORY: 2000, cc. 633, 697, § 2.1-114.5:02; 2001, c. 844.