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WORKERS COMPENSATION ACT 1958 - SECT 106

Contributions

S. 106(1) amended by No. 10191 s. 269(3).

    (1)     An employer who has obtained an employer's policy shall be liable to pay the prescribed contribution.

    (2)     The prescribed contribution shall be such percentage of the statutory premium element (not exceeding 40 per centum) as is prescribed.

    (3)     The prescribed contribution shall be paid to the insurer

        (a)     where any moneys are paid to the insurer by way of premium in respect of an employer's policy before the day specified in the policy as the day on which insurance cover begins—on the payment of those moneys; and

        (b)     in any other case—

              (i)     on the day specified in the policy as the day on which insurance cover begins; or

              (ii)     if the insurer in writing so requires, on the payment after the day mentioned in subparagraph (i) of any moneys to the insurer by way of premium in respect of an employer's policy.

    (4)     The prescribed contribution shall be calculated on the basis of the premium payable at the rate in force on the day specified in the employer's policy as the day on which insurance cover begins.

S. 106(5) amended by No. 25/2023 s. 7(Sch. 1 item 35).

    (5)     A contribution payable under this section shall be levied and collected for and on behalf of His Majesty.

    (6)     An insurer shall disclose to an employer the amount of the statutory premium element of any amount payable by way of premium in respect of an employer's policy.

    (7)     An employer who receives a refund of any amount paid by way of statutory premium element in respect of an employer's policy shall be entitled to be refunded from the Fund, a corresponding refund in respect of any contribution levied in respect of the statutory premium element so refunded.

    (8)     Notwithstanding anything to the contrary in this section, the following provisions shall apply to and in relation to an employer's policy obtained before the date of commencement of section 10 of the Workers Compensation (Miscellaneous Provisions) Act 1979 and in force at the date of commencement of that provision—

        (a)     the employer who obtained the policy shall be liable to pay by way of contribution to the Fund a proportion of the prescribed contribution, being a proportion represented by the formula 58-6419a16103.jpg where A is the number of days in the period commencing on and from the date of commencement of section 10 of the Workers Compensation (Miscellaneous Provisions) Act 1979 and ending on the day before the day on which the policy is renewable;

        (b)     the contribution mentioned in paragraph (a) shall be payable to the insurer not later than the day on which premiums in respect of the employer's policy are adjusted by the insurer;

        (c)     for the purposes of calculating the contribution payable under paragraph (a), the prescribed contribution shall be calculated on the basis of the premium payable at the rate in force on the date of commencement of section 10 of the Workers Compensation (Miscellaneous Provisions) Act 1979 ; and

        (d)     a reference in section 107 to employers' policies shall be read and construed as if it included a reference to an employer's policy to which this subsection applies and as if a reference to moneys paid by way of premium included a reference to contributions received under this subsection.

S. 107 inserted by No. 9297 s. 10(1).



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