21-5-603. Definitions.

21-5-603. Definitions. (a) The term “public employee”, as used in this subchapter, includes: (1) State employees and officers of any state agency, board, commission, department, institution, college, university, or community college receiving an appropriation for regular salaries, extra help, or authorized overtime payable from funds deposited into the State Treasury or depositories other than the State Treasury by the General Assembly, provided that inmates of state correctional facilities who perform work for the state while incarcerated or while on a work-release program shall not be considered state employees; (2) Public school employees and officers of the various school districts of this state; (3)(A) Municipal employees and officers of the municipalities of this state, and the employees of any board, commission, department, or institution owned, operated, managed, and administered by the municipalities. (B) However, employees of municipally owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, are not public employees within the meaning of this subchapter and shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter; (4)(A) County employees and officers of the counties of this state, and the employees of any board, commission, department, or institution owned, operated, managed, or administered by the counties, including employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a management agreement under the terms of which the employees retain their employment status as county employees. (B) However, employees of county-owned hospitals and nursing homes operated, managed, or administered by private management companies or enterprises under a lease agreement or under a contract of management in which the managing company uses its own personnel, shall not be provided state fund coverage for workers' compensation benefits under the provisions of this subchapter; and (5) Emergency services volunteer workers duly qualified and registered as provided in § 12-75-129 when such emergency services volunteer workers are acting subject to the order, control, or pursuant to a request of, and under the supervision and instruction of the Governor, the Arkansas Department of Emergency Management, or the chief executive officer of a county or local government unit making use of emergency service volunteer workers. (b) The term “public employer”, as used in this subchapter, means: (1) Any state agency, board, commission, department, institution, college, university, or community college receiving appropriation for regular salaries, extra help, and authorized overtime payable from funds deposited in the State Treasury or depositories other than the State Treasury by the General Assembly; (2)(A) Any municipality of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a municipality of the State of Arkansas. (B) Any municipal hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter. (C) Any unincorporated city or town shall not be deemed to be a public employer and shall not have workers' compensation liability coverage for its employees under the provisions of this subchapter; (3)(A) Any county of the State of Arkansas or any department, board, commission, or institution owned, operated, managed, and administered by a county of the State of Arkansas. (B) However, any county hospital or nursing home operated, managed, or administered by a private management company or enterprise, whether under a contract for management, or under a lease agreement, or under any other type of management arrangement, is a private employer and not entitled to workers' compensation coverage under the provisions of this subchapter; (4) Any of the various school districts in the State of Arkansas; and (5) The Arkansas Department of Emergency Management and any local government unit making use of emergency service volunteer workers. (c) The term “reserve value”, as used in this subchapter, means the present value of all payments to be made to or on behalf of any public employee claimant based upon such reasonable tables of experience and regular interest as the Director of the Public Employee Claims Division shall adopt from time to time. (d) The term “director”, as used in this subchapter, shall refer to the Director of the Public Employee Claims Division.