Section 3742 Of Article 2.5. Self-insurers’ Security Fund From California Labor Code >> Division 4. >> Part 1. >> Chapter 4. >> Article 2.5.
3742
. (a) The Self-Insurers' Security Fund shall be established as
a Nonprofit Mutual Benefit Corporation pursuant to Part 3 (commencing
with Section 7110) of Division 2 of Title 1 of the Corporations Code
and this article. If any provision of the Nonprofit Mutual Benefit
Corporation Law conflicts with any provision of this article, the
provisions of this article shall apply. Each private self-insurer
shall participate as a member in the fund, unless its liabilities
have been turned over to the fund pursuant to Section 3701.5, at
which time its membership in the fund is relinquished.
(b) The fund shall be governed by a board of trustees with no more
than eight members, as established by the bylaws of the
Self-Insurers' Security Fund. The director shall hold ex officio
status, with full powers equal to those of a trustee, except that the
director shall not have a vote. The director, or a delegate
authorized in writing to act as the director's representative on the
board of trustees, shall carry out exclusively the responsibilities
set forth in Division 1 (commencing with Section 50) through Division
4 (commencing with Section 3200) and shall not have the obligations
of a trustee under the Nonprofit Mutual Benefit Corporation Law. The
fund shall adopt bylaws to segregate the director from all matters
that may involve fund litigation against the department or fund
participation in legal proceedings before the director. Although not
voting, the director or a delegate authorized in writing to represent
the director, shall be counted toward a quorum of trustees. The
remaining trustees shall be representatives of private self-insurers.
The self-insurer trustees shall be elected by the members of the
fund, each member having one vote. Trustees shall be elected to
four-year terms, and shall serve until their successors are elected
and assume office pursuant to the bylaws of the fund.
(c) The fund shall establish bylaws as are necessary to effectuate
the purposes of this article and to carry out the responsibilities
of the fund, including, but not limited to, any obligations imposed
by the director pursuant to Section 3701.8. The fund may carry out
its responsibilities directly or by contract, and may purchase
services and insurance and borrow funds as it deems necessary for the
protection of the members and their employees. The fund may receive
confidential information concerning the financial condition of
self-insured employers whose liabilities to pay compensation may
devolve upon it and shall adopt bylaws to prevent dissemination of
that information.
(d) The director may also require fund members to subscribe to
financial instruments or guarantees to be posted with the director in
order to satisfy the security requirements set by the director
pursuant to Section 3701.8.