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DEPENDENT CLAIM FOR DEATH BENEFITS -
Counties & Incorporated Municipalities Opt-In |
Effective October 1, 2011,
House Bill 417 (2011 legislative
session) changes benefits
provisions when a claim for
death benefits is filed with the
Workers' Compensation
Commission.
Certain public safety employees
subject to the statutory
presumption set forth in 9-503
are exempt from the death
benefits provisions of Labor and
Employment Article, 9-683.1
through 9-683.5, Annotated Code
of Maryland. A county or
municipal corporation may elect
for the death benefits
provisions of Labor and
Employment Article, 9-683.1
through 9-683.5, Annotated Code
of Maryland, to apply to its
public safety employees subject
to the statutory presumption set
forth in 9-503. A county or
municipal corporation may make
this election by:
(a) Completing
a form, available at the
Commission's website; and (b)
Attaching a copy of the county
or municipal corporation's
ordinance or resolution making
the election.
As a county or incorporated
municipality, you may elect to
have the provisions of the new
law, specifically LE 9-683.1
through 9-683.5, apply to
your public safety presumption
employees.
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ELECTION FOR COUNTIES AND MUNICIPAL
CORPORATIONS
On October 1, 2011, a
new law took effect concerning the
calculation of dependency benefits in death
claims filed where the injured or disabled
worker's date of death is on or after
October 1, 2011. All Maryland employers and
covered employees will be impacted by the
changes in the law, with the exception of
certain county or municipal corporation
public safety employees subject to the
statutory presumption set forth in LE §
9-503. As a county or incorporated
municipality, you may elect to have the
provisions of the new law, specifically LE
§§ 9-683.1 through §§ 9-683.5, apply to your
public safety presumption employees.
Regulations, which set forth the
procedures for electing to "opt in" to the
new death benefits system, are now in effect
and may be accessed here or through the Division of State Documents'
website at www.dsd.state.md.us.
Before you begin, you must have the
following:
The WCC-assigned Employer
Number for the county or municipality. If
you do not have the Employer Number, please
send an email to Opt_In_Info@wcc.state.md.us
using the subject line "Employer Number" and
the Commission will provide it by return
email.
The county or municipality must
first pass an ordinance or resolution making
the election.
The official name and
address of the entity filing for election,
along with its Federal Employer
Identification (FEIN).
The contact
information of the person who is to receive
the Notice of Acknowledgement from the
Workers' Compensation Commission. A copy
of the ordinance or resolution must be sent
to the Commission with the opt-in election
form
By submitting the form, you are
certifying under penalty of perjury that you
are an authorized representative of the
county or municipality and that the document
attached to the online form is a true and
correct copy of the ordinance or resolution
adopted by the named county or municipality.
After sending the form, the contact
person will receive notice from the
Commission acknowledging receipt of the
form. THIS IS NOT THE NOTICE OF
ACKNOWLEDGEMENT OF THE ELECTION.
A
NOTICE OF ACKNOWLEDGEMENT will be mailed to
the contact person after the Commission has
reviewed the form and verified the
information for accuracy and completeness.
The date of the Notice of Acknowledgement
will be the effective date of the election
to "opt-in" to the provisions of the new law
for ALL county and municipal covered
employees. |
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