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Elected or Appointed Official

Elected or appointed official can be covered for workers compensation; sites law and how to do it.;

Indiana law [IC 22-3-6-1(2)] states: "An executive officer of a municipal corporation or other governmental subdivision or of a charitable, religious, educational, or other non-profit corporation may, notwithstanding any other provisions of IC 22-3-2 through IC 22-3-6, be brought within the coverage of its insurance contract by the corporation by specifically including the executive officer in the contract of insurance."

The Indiana Code is available on the State of Indiana website at this address: http://www.state.in.us/legislative/ic/code/.

So there is no doubt that an executive officer is specifically included on the policy, advise the carrier to issue the Sole Proprietors, Partners, Officers and Others Coverage Endorsement (form WC 00 03 10). The endorsement allows for flexible wording in naming individuals or designating a group, for instance "all School Board members."

Next we need to determine the premium charge for the officers or officials. Here we look to the Executive Officers Rule 2.E.1, page R15 of the Basic Manual. It states: "Executive officers of a corporation or unincorporated association are the president, vice president, secretary, treasurer, or any other officer appointed in accordance with the charter or bylaws of such entity." We might come across an entity that has, as an example, a mayor and treasurer listed in its bylaws (thus subject to the executive officers rule), but its city manager is not provided for in its bylaws (and not subject to the executive officers rule).

Executive officer's payroll is assigned to the classification that applies to the principal operations in which the executive officer is engaged. Many executive officers and elected or appointed officials may qualify for the clerical classification, based on their individual duties.

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The material in this document has been prepared and shared for informational purposes only and should not be relied upon as legal advice on any particular situation.