§ 32–1538. Insurance policies.

(a) Every policy or contract of insurance issued under authority of this chapter shall contain:

(1) A provision to carry out the provisions of § 32-1537; and

(2) A provision that insolvency or bankruptcy of the employer and discharge therein or both shall not relieve the carrier from payment of compensation for disability or death sustained by an employee during the life of such policy or contract.

(b) No contract or policy of insurance issued by a carrier under this chapter shall be cancelled prior to the date specified in such contract or policy for its expiration until at least 30 days have elapsed after a notice of cancellation has been sent to the Mayor and to the employer in accordance with the provisions of § 32-1513(c).

(c)(1) Employers implementing a safe workplace program shall qualify for certification for a 5% premium discount under the employer’s workers’ compensation insurance policy.

(2) For each policy of workers’ compensation insurance issued or renewed in the District on and after April 16, 1999, there shall be granted, by the insurer, a 5% premium reduction pursuant to rules issued by the Department of Insurance, Securities, and Banking, in the premium for the policy if the insured has been certified by the Department of Employment Services, as having a safe workplace program that complies with the requirements of this chapter and has notified its insurer in writing of the certification. Certification of an insured shall be required for each of the 4 years in which the premium discount is granted. Thereafter, any premium discount authorized pursuant to this chapter shall be determined from the experience rating plan of the insured, or in the case of an insured not rated upon experience.

(3) The workers’ compensation insurance policy of an insured shall be subject to an additional premium for the purposes of reimbursement of a previously granted premium discount and to cancellation in accordance with the policy if it is determined by the Department of Employment Services that the insured misrepresented the compliance of its safe workplace program.

(4) The Commissioner of the Department of Banking and Financial Institutions may promulgate rules and regulations necessary for the implementation and enforcement of this section.

(July 1, 1980, D.C. Law 3-77, § 39, 27 DCR 2503; Apr. 16, 1999, D.C. Law 12-229, § 2(i), 46 DCR 891; June 11, 2004, D.C. Law 15-166, § 4(jj)(1), 51 DCR 2817; Apr. 13, 2005, D.C. Law 15-354, § 50, 52 DCR 2638.)

Prior Codifications

1981 Ed., § 36-338.

Effect of Amendments

D.C. Law 15-166, in par. (2) of subsec. (c), substituted “Department of Insurance, Securities, and Banking” for “Department of Insurance and Securities Regulation”.

D.C. Law 15-354, in subsec. (c)(4), substituted “Commissioner of the Department of Banking and Financial Institutions” for “Commissioner of Insurance and Securities”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 4(jj)(1) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).