Annual Fee

The Director shall calculate the amount of money the Second Injury Fund paid out to claimants in permanent disability benefits during each calendar year and supply this amount to the Commissioner by March 1 of each year for the previous calendar year. The Director shall deduct from the amount of money paid out to claimants of all the legal or administrative entities before supplying the calculation to the Commissioner. The annual fee shall be a percentage of the total financial contributions for workers' compensation coverage received from participating governmental entities and earned during a calendar year, which percentage shall equal the percentage of insurance company premiums, as measured by the premium tax, allocated and paid out by the Second Injury Fund pursuant to T.C.A. § 50-6-208(c) and 50-6-208(d), during the same year, subject to a maximum of 2 percent. Using the amounts thus calculated by the Director, the Commissioner shall determine the percentage of the insurance company premiums as measured by the premium tax that the Second Injury Fund paid out to claimants for the immediately preceding the year and furnish the same to the Director by the first day of May. The Director shall then notify by May 15, all legal or administrative entities who filed a financial contribution report of the percentage of insurance company premiums as measured by the premium tax that was paid out to claimants by the Second Injury Fund as determined by the Commissioner. The legal or administrative entity shall then pay the same percentage, not to exceed two percent (2%), of its financial contributions for the immediately preceding calendar year to the Department of Labor, Division of Workers' Compensation, which shall be credited to the Second Injury Fund.