Massachusetts: Department clarifies definition of public employer
The department also clarified the process for a public employer to file a notice of nonparticipation and the effect on its right to reimbursement from the trust fund. The department pointed out that there is no assessment due from a public employer that opts out and then becomes privately insured. Neither the public employer nor the insurance company is entitled to reimbursement from the trust fund after the public employer opts out. A public employer that is a member of a self-insurance group is bound by the election of the group to opt out. Also, where a public employer is privately insured and then becomes self-insured, neither the public employer for the private insurer that previously insured the public employer is entitled to reimbursement from the trust fund if the public employer elects individually or as a member of a public self-insurance group to opt out. The department also clarified that housing authorities are not "public employers."
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April 12, 2012
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