HERBERT R. O'CONOR, GOVERNOR. 829
this Article mentioned or not mentioned which are insured
in the State Accident Fund. And the Commissioners shall
have power on or before the first day of January of each
year to reclassify such industries, or oftener, if, in the
opinion of the Commissioners, the same should be deemed
just and advantageous; or to create additional classifica-
tions with respect to their respective degrees of hazard and
determine the risk of the different classes, and fix the rate
of premium for each class, according to the risks of the
same sufficiently large to guarantee a workmen's compen-
sation fund from year to year. It shall be the duty of the
Commissioners in determining the rates, in -order to create
a fund sufficiently large to guarantee a workmen's com-
pensation fund from year to year to also reclassify from
time to time the industries or occupations, in order that
there may be a flexible adjustment of the rates as the haz-
ard fluctuates, and to use all means in their power through
the rate adjustment to lessen the opportunity for injuries
to the workmen. The classification so determined and the
rates of premium established shall be applicable for such
year unless a reclassification should, in the opinion of the
Commissioners, necessitate a change of rate within
such year; and based on each one hundred dollars
of the gross annual payroll of each employer in any class;
provided, also that for the purpose of this sub-title, the
pay of the employee partly within and partly without the
Estate shall be deemed to be such proportion of the total
pay of such employee as his service within the State bears
to his service outside the State. The Commissioners shall
have the power to apply that form of rating system in the
establishment of premiums which, in their judgment, is
best calculated to merit or individually rate the risk most
equitably, predicated upon the basis of their individual in-
dustrial accident experience, and to encourage and stimu-
late accident prevention; and shall develop fixed and equi-
table rules controlling such merit or individual rates.
The Commissioners shall also have power to establish
and fix minimum premiums to be paid by any employer
insured or insuring in the State Accident Fund, and to
require the payment of the estimated premiums in advance.
The Commissioners, in their administration of the State
Accident Fund, shall have the power to declare dividends
to the subscribers or policy holders in the Fund, either
in the form of cash refunders or credits, when the finan-
cial condition of the Fund is such, in the judgment of the
Commissioners, as to make such dividend declaration war-
ranted and advisable.
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