(1) Prior to July 1, 1987, 39-71-503 , MCA required the UEF to keep "proper reserves and surpluses." During the period January 13, 1981, to June 30, 1987, the UEF was insolvent. Based on the legal principle in workers' compensation that the statutes in effect at the time of an injury determine a claimant's entitlement to benefits, the UEF did not accept liability for any injuries that occurred during the period of insolvency.

(2) Effective July 1, 1987, 39-71-503 , MCA was amended to remove the requirement that the UEF keep proper reserves and surpluses. Any claimant incurring an industrial injury or occupational disease in the course of employment with an uninsured employer on or after July 1, 1987, is eligible to apply for benefits by completing forms provided by the department. Upon receipt by the UEF of properly executed forms from a claimant, the department will initiate an investigation to determine whether the claimant meets eligibility requirements for benefits from the UEF. If the claimant is found to be eligible, the department will send a written notice to the employer advising of the employers' responsibilities under the law.