2013 Maryland Code
LABOR AND EMPLOYMENT
§ 10-103 - Employees

§10-103. NOT IN EFFECT

** TAKES EFFECT OCTOBER 1, 2013 PER CHAPTER 570 OF 2012 **

(a) On and after October 1, 2013:

(1) the Fund may not hire new employees; and

(2) employees of the Fund:

(i) may remain employees of the Fund;

(ii) shall continue to be State employees only if they remain employees of the Fund;

(iii) may not be required to be employees of the Company;

(iv) shall be subject to each law that applied to employees of the Fund immediately before October 1, 2013;

(v) shall be subject to the same terms and conditions of employment as existed immediately before October 1, 2013, including benefits, leave, and pay grade;

(vi) shall remain in the State retirement system only if they remain employees of the Fund;

(vii) except for changes in benefits or compensation applicable to State employees generally, may not be denied any compensation or benefit provided to employees of the Fund as of October 1, 2013;

(viii) may not be denied a promotion, based on the employee’s status as an employee of the Fund; and

(ix) subject to subsection (b) of this section, may elect to be an employee of the Company.

(b) If an employee of the Fund intends to elect to be an employee of the Company under subsection (a)(2)(ix) of this section, the Company shall:

(1) require the employee to make the election in writing; and

(2) provide the employee with information that:

(i) states that the election of the employee to become an employee of the Company is voluntary and irrevocable; and

(ii) fully discloses the terms of employment with the Company.

(c) An employee of the Company may not elect to be an employee of the Fund.

§ 10-104 - Independent unit

(a) In general. -- The Fund is independent of all State units.

(b) Effect. --

(1) Except as provided in paragraph (2) of this subsection and elsewhere in this subtitle, the Fund is not subject to any law, including § 6-106 of the State Government Article, that affects governmental units.

(2) The Fund is subject to:

(i) Title 10, Subtitle 6, Part III of the State Government Article;

(ii) Title 12 of the State Government Article;

(iii) the Maryland Public Ethics Law; and

(iv) Title 5, Subtitle 3 of the State Personnel and Pensions Article.

(3) Paragraph (1) of this subsection does not affect the exemption from property tax under § 7-210 of the Tax - Property Article.

§ 10-105 - Injured Workers' Insurance Fund Board

(a) Established; management. --

(1) There is a Board for the Injured Workers' Insurance Fund.

(2) The Board shall manage the business and affairs of the Fund as an instrumentality of the State in accordance with State law.

(b) Board of the Company. -- The Board is the Board for the Company established under Title 24, Subtitle 3 of the Insurance Article.

(c) Members. -- Members of the Board that were appointed to the Board as of October 1, 2012, shall:

(1) continue to serve their current terms on the Board; and

(2) serve on the Board for the Company under the same terms and conditions as if they were appointed to the Board for the Company under Title 24, Subtitle 3 of the Insurance Article.

(d) Policy and procedures. -- The Board:

(1) shall be subject to the rules, bylaws, and procedures that the Board for the Company adopts under Title 24, Subtitle 3 of the Insurance Article; and

(2) may adopt any policy to carry out this subtitle.

§ 10-106 - Staff

(a) In general. --

(1) The Board shall appoint a President of the Fund.

(2) The President of the Fund shall be the President of the Company.

(b) Status. --

(1) Except as provided in paragraph (2) of this subsection, employees of the Fund are special appointments.

(2) A classified employee of the Fund hired before July 1, 1990 in a nonprofessional or nontechnical position shall remain a member of the classified service or its equivalent in the State Personnel Management System as long as the employee remains in a nonprofessional or nontechnical position with the Fund.

(c) Compensation. --

(1) The Board shall set compensation for its employees.

(2) Except as otherwise provided in this subtitle, an employee of the Fund is not subject to any law, regulation, or executive order governing State employee compensation, including furloughs, salary reductions, or any other General Fund cost savings measure.

(d) Removals. --

(1) This subsection does not apply to the layoff of an employee because of lack of work.

(2) An employee of the Fund may not be permanently removed unless:

(i) written charges are filed;

(ii) the employee has an opportunity for a hearing in accordance with Title 10, Subtitle 2 of the State Government Article; and

(iii) there is cause for removal.

§ 10-107 - Existence of Fund

Notwithstanding any other law to the contrary, the Fund shall remain in existence until it:

(1) no longer has any employees; and

(2) is terminated by the repeal of this subtitle.

§ 10-108 - State has no interest in assets of Fund

(a) In general. -- The State has no interest in the assets of the Fund.

(b) Assets belong to Fund in trust for policyholders, injured workers and families, and creditors. -- All revenues, money, and assets of the Fund belong solely to the Fund and are held by the Fund in trust for the policyholders, injured workers and their families, and creditors of the Fund.

(c) State may not use Fund. -- The State may not borrow, appropriate, or direct payments from the revenues, money, or assets of the Fund for any purpose.

(d) Fund may not be dissolved. -- The Fund may not be dissolved.