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RSA 281-A:11 · Self-Insurance for Public Employers

281-A:11 Self-Insurance for Public Employers. – Any public employer as defined in RSA 281-A:2, IX may, subject to RSA 281-A:5, III and the rules adopted to enforce that section, self-insure for workers' compensation coverage as follows:

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I.

If a public employer chooses to self-insure for workers' compensation coverage, the legislative body of that employer shall appropriate sufficient funds to implement a self-insurance program including, but not limited to, legal costs, benefits, and administrative costs.

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II.

The amount of appropriated funds shall be based on an actuarial determination of the amounts needed for self-insurance purposes. Any appropriated funds that are not encumbered under this section at the end of the fiscal year may be transferred to the general fund of the public employer.

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III.

Each year, as actuarially determined, the legislative body shall appropriate sufficient funds to create a financial reserve until all outstanding claims are disposed of. If additional funds are needed to increase the loss fund in any given year, the legislative body shall appropriate such funds as are necessary.

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IV.

Any income from investment of the loss fund may be returned annually to the general fund of the public employer or may be applied to the ensuing year's appropriation to the loss fund.

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V.

A public employer may also purchase from an insurance carrier such levels of insurance as it deems appropriate to provide coverage in excess of the amount in the loss fund.

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VI.

Any public employer self-insuring for workers' compensation coverage under this chapter is not an insurance company, reciprocal insurer or other insurer under the laws of this state, and administration of any activity of securing compensation to employees thereunder shall not constitute doing an insurance business for any purposes under title XXXVII.

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VII.

The department of labor shall have exclusive jurisdiction over any public employer or group or association of public employers self-insuring for workers' compensation coverage under this chapter or RSA 5-B. Source. 1988, 194:2. 1992, 43:6, eff. June 8, 1992.

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Source note

Source. 1988, 194:2. 1992, 43:6, eff. June 8, 1992.

Source history

  • 1988, 194:2
  • 1992, 43:6, eff. June 8, 1992

Related materials

Bill relationships

  • 2026 HB1705 amend · effective 2027-07-01

    e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an

  • 2026 HB1705-FN amend · effective 2027-07-01

    e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an

  • 2026 HB216 reference

    Retirement. Amend RSA 100-A:4, III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a

  • 2026 HB216-FN reference

    III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a member sha

  • 2026 SB661 reference

    d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta

  • 2026 SB661-FN reference

    d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta

  • 2025 HB2 amend

    604-A. 141:344 Workers' Compensation; First Responder's Critical Injury Benefit. Amend RSA 281-A:32-a, II to read as follows: II. Payments awarded under this section shall be subject to all other provisions of RSA 281-A. Total compensation payments for all additional compensation claims paid under this section shall not exceed $125,000 per claimant. Benefits paid under this section for all claimants shall not exceed [$500,000