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O.C.G.A. § 34-9-2.1 — Exemption of corporate officers; limitation | Georgia Code
O.C.G.A. § 34-9-2.1 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 34 LABOR AND INDUSTRIAL RELATIONS

Section 9. Workers' Compensation, 34-9-1 through 34-9-432.

ARTICLE 1 GENERAL PROVISIONS

34-9-2.1. Exemption of corporate officers; limitation.

  1. A corporate officer or a member of a limited liability company who elects to be exempt from coverage under this chapter shall make such election by giving written certification to the insurer or, if there is no insurer, to the State Board of Workers' Compensation. The right of any corporation or limited liability company to exempt its officers or members from coverage under this chapter is limited as follows:
    1. A corporation shall not be allowed to exempt more than five corporate officers and a limited liability company shall not be allowed to exempt more than five members; and
    2. In order for the written certification of exemption to be in effect, the corporate officer must be identified by name as well as by the office held at the time of certification and the member of the limited liability company must be identified by name; and
    3. Any employer subject to this chapter pursuant to subsection (a) of Code Section 34-9-2 before the filing of any exemptions shall remain subject to this chapter without regard to the number of exemptions filed. However, in the event that there shall be no covered employees once exemptions are elected, no coverage shall be required unless and until additional employees are employed.
  2. A corporate officer or a member of the limited liability company who has exempted himself or herself by proper certification from coverage under this chapter may at any time revoke such exemption and thereby accept coverage under this chapter by giving certification to such effect in the same manner as provided in subsection (a) of this Code section relative to exemption from coverage.
  3. No certification given pursuant to subsection (a) or (b) of this Code section shall become effective until it is filed with the proper entity.

(Code 1933, § 114-201, enacted by Ga. L. 1982, p. 2360, § 2; Code 1981, §34-9-2.1, enacted by Ga. L. 1982, p. 2360, § 4; Ga. L. 1988, p. 1679, § 1; Ga. L. 1995, p. 642, § 1; Ga. L. 1996, p. 1291, § 3.)

Cross references.

- Employees covered under this chapter generally, § 34-9-1.

Editor's notes.

- Ga. L. 1995, p. 642, § 13, not codified by the General Assembly, provides for severability.

JUDICIAL DECISIONS

Exemptions by corporate officers are ineffective to reduce the employee count for determining applicability of the Workers' Compensation Act, O.C.G.A. § 34-9-1 et seq., except when the exemptions reduce the employee count to zero. Once an "additional employee" is hired, corporate officers must be included in the total employee count regardless of whether they are personally exempt from the act. Hitchcock v. Jack Wiggins, Inc., 249 Ga. App. 845, 549 S.E.2d 806 (2001).

Cited in Chandler v. Hancock Bldrs., Inc., 205 Ga. App. 303, 422 S.E.2d 206 (1992).

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 34 in the context of Georgia workers' compensation and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.