§ 34-8-162 - Establishment, administration, and contents of cash deposit escrow fund; deposit in and withdrawals from fund
               	 		
O.C.G.A.    34-8-162   (2010)
   34-8-162.    Establishment, administration, and contents of cash deposit escrow fund; deposit in and withdrawals from fund 
      (a)  There  is established as a trust fund, separate and apart from all other  public moneys or other funds of this state, a cash deposit escrow fund,  which shall be administered by the Commissioner in accordance with such  regulations as he or she may prescribe.  This fund shall consist of all  moneys deposited by employers with the Commissioner pursuant to  paragraph (3) of subsection (b) of Code Section 34-8-160 and all  interest thereon.
(b)  The Commissioner  shall be custodian of the fund and shall administer it in accordance  with such regulations as the Commissioner shall prescribe.  All moneys  payable to the fund shall, upon receipt thereof by the Commissioner,  immediately be deposited in the fund.  All moneys in this fund shall be  deposited in a bank or public depository in which general funds of the  state may be deposited, except that moneys in this fund shall not be  commingled with other state funds but shall be maintained in a separate  account on the books of the depository bank.  Such moneys shall be  secured by the depository bank to the same extent and in the same manner  as required by the general depository laws of this state; and  collateral pledged for this purpose or bonds given for this purpose  shall be kept separate and distinct from any collateral pledged to  secure the other funds of the state. The Commissioner shall be liable on  his or her official bond for the faithful performance of duties in  connection with the cash deposit escrow fund.  All sums recovered on any  surety bond for losses sustained by the cash deposit escrow fund shall  be deposited in said fund.
      (c)(1)  Moneys shall be  withdrawn from the cash deposit escrow fund solely for the purpose of  satisfying any delinquent payments in lieu of contributions owed by an  organization or groups of organizations pursuant to Code Section  34-8-158.  Withdrawals from the cash deposit escrow fund shall be made  in accordance with regulations prescribed by the Commissioner and shall  not exceed the total amount deposited in the cash deposit escrow fund by  each such organization or group of organizations.
      (2)  Any  interest which may accrue as the result of deposits to the cash deposit  escrow fund shall, in the discretion of the Commissioner, be withdrawn  to the extent necessary to cover deficiencies in the reimbursement  account which have not been provided for by the escrow funds.  Such  withdrawal shall not exceed interest accrued in the cash deposit escrow  fund. Interest not used for such purpose shall be retained in the cash  deposit escrow fund.