24.29.2843    PAYMENT OF ACCRUED BENEFITS

(1) Although the purpose of the UEF is to pay claims as though the claimant's employer was properly insured, because the UEF does not have a stable source of funding, it is not always financially possible to pay every claim in full. Accordingly, the department has been granted the authority to make such payments as it deems appropriate, depending on available funds.

(2) Subject to ARM 24.29.2849, the UEF will pay compensation benefits for losses incurred prior to the time the claimant applied for benefits in a lump sum, during the month in which the UEF accepts liability for the claim. The lump sum payment for accrued compensation benefits will be paid from the positive fund balance, and treated as part of the month's claim for current benefits. If as a result of the inclusion of the accrued compensation benefits there is a proportionate reduction in benefits, there is no entitlement to retroactive reimbursement.

(3) The UEF will pay medical expenses incurred prior to the time the claimant applied for benefits in a lump sum, during the month in which the UEF accepts liability for the claim. The lump sum payment for accrued medical expenses will be paid from the positive fund balance, and treated as part of the month's claim for current benefits. If as a result of the inclusion of the accrued medical expenses there is a proportionate reduction in medical benefits, there is no entitlement to retroactive reimbursement.

(4) The UEF pays current benefits in the manner described in ARM 24.29.2846.

History: 39-71-203, MCA; IMP, 39-71-503, 39-71-504, 39-71-510, MCA; NEW, 1995 MAR p. 933, Eff. 7/1/95.