CHAPTER 1
HB 692 – FINAL VERSION
27Mar2007… 0816h
01/02/08 0009s
2008 SESSION
10/05
HOUSE BILL 692
AN ACT relative to workers’ compensation.
COMMITTEE: Municipal and County Government
This bill:
I. Clarifies the law regarding an exclusion from workers’ compensation for certain officers or members of corporations and limited liability companies.
II. Excludes persons performing routine maintenance operations on certain state projects from the requirement of providing certification of current workers’ compensation coverage.
III. Authorizes certain insureds who purchased workers’ compensation insurance coverage to comply with the requirements of 2007, 323:1 to request that insurers return a portion of the policy premium.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0816h
01/02/08 0009s
07-0404
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to workers’ compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1:1 Workers’ Compensation; Exclusion. Amend RSA 281-A:18-a, I to read as follows:
I. Any corporation or limited liability company may elect to exclude up to 3 executive officers or members from the compulsive coverage requirements under this chapter[; provided, that such exclusion shall not apply to any individual, regardless of status or title within a corporation or limited liability company, who is actively engaged in on-site work on any construction site within the state of New Hampshire].
1:2 Certification of Current Workers’ Compensation Coverage Required. Amend the introductory paragraph of RSA 228:4-b, I to read as follows:
I. Prior to any work being done by an individual contractor on any state transportation project carried out under this subdivision, such contractor, including all subcontractors and independent contractors, working on a highway, bridge, or other construction, reconstruction, alteration, or maintenance project, excluding routine maintenance operations conducted utilizing the contract rental agreement process, funded by the department shall provide to the commissioner of transportation:
1:3 Workers’ Compensation; Policy Cancellation and Return of Premium.
I. Insurance coverage on up to 3 executive officers or members of a corporation or limited liability company purchased solely to meet the requirements of RSA 281-A:18-a, I, as amended by 2007, 323:1 and which became effective September 14, 2007, may be cancelled or removed at the request of the insured.
II. Insurers returning premium pursuant to the cancellation or removal of coverage under paragraph I shall calculate the return premium amount using, at a minimum, a pro-rata methodology. Such a methodology shall result in a return premium no less than an amount which fully reflects that unexpired portion of the full term policy premium for which no insurance coverage will be provided. Insurers shall not calculate the return premium amount using any methodology which “short-rates” or otherwise penalizes the insured.
III. As a condition of cancellation or removal of coverage, the insurer may require the insured to provide a “loss-free” letter, which indicates:
(a) The names of any person or persons being excluded from coverage.
(b) The date coverage is to cease.
(c) An attestation that any person or persons to be excluded are not aware of any injuries or other claims that have occurred during the term of coverage and which have not yet been reported to the insurer.
1:4 Effective Date. This act shall take effect upon its passage.
Approved: January 4, 2008
Effective Date: January 4, 2008