WSR 99-22-110

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed November 3, 1999, 11:53 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-13-203.

Title of Rule: General reporting rules, classifications, audit and recordkeeping, rates and rating system for workers' compensation insurance, chapter 296-17 WAC.

Purpose: Labor and industries proposes to revise the general and special reporting rules applicable to the retrospective rating program. These changes are being proposed to implement the provisions of SB 6048 now codified in chapter 51.18 RCW and performance recommendations made by Ed Welch and Associates to the Joint Legislative Audit Review Committee (JLARC).

Statutory Authority for Adoption: RCW 51.18.010(2) and 51.04.020(1).

Statute Being Implemented: RCW 51.18.005 - 51.18.900 (SB 6048).

Summary: Labor and industries proposes the adoption of thirty-seven new rules as follows: WAC 296-17-90401 Introduction, 296-17-90402 Definitions, 296-17-90403 Overview, 296-17-90406 Employer requirements, 296-17-90408 Group sponsorship restrictions, 296-17-90409 Sponsoring organization requirements, 296-17-90412 Safety plan, 296-17-90415 Removal of group--Safety, 296-17-90418 Separate accounts--Enrollment requirement, 296-17-90421 Selection of industry group, 296-17-90424 Classification scope, 296-17-90427 Classification assignment procedure, 296-17-90430 Addition of new classifications, 296-17-90433 Classification review and reapplication, 296-17-90434 Multiple retro groups, 296-17-90436 Application process--Group, 296-17-90439 Employer member application process, 296-17-90442 Individual employer application process, 296-17-90445 End of coverage period--What happens, 296-17-90448 Maximum loss value per claim, 296-17-90451 Requests for reconsideration, 296-17-90463 Refund paid, 296-17-90466 Contract restriction--Refund, 296-17-90469 Additional assessment, 296-17-90472 Assessments due, 296-17-90475 Appeals, 296-17-90478 Share refunds with workers, 296-17-90481 Change in ownership, 296-17-90484 Payment of medical service by employer, 296-17-90490 Contract disclaimer, 296-17-90491 Retro formula, 296-17-90492 Table I, 296-17-90493 Table II, 296-17-90494 Table III, 296-17-90495 Table IV, 296-17-90496 Table V, and 296-17-90497 Table VI.

Reasons Supporting Proposal: Labor and industries is required by RCW 51.18.010 to offer a retrospective rating program to employers and organizations that are eligible to sponsor group plans. Many of the program requirements are explicitly and specifically required by chapter 51.18 RCW. The proposed rules are intended to implement this statute (chapter 51.18 RCW) as well as recommendations made in the JLARC performance audit relative to the retrospective-rating program and to facilitate the collection of premium (RCW 51.16.035).

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Frank Romero, Retrospective Rating Program Manager, Tumwater, (360) 902-4835.

Name of Proponent: Department of Labor and Industries, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The department is authorized to offer retrospective rating options to employers and groups under the provisions of RCW 51.18.010. The department proposes to revise the existing retrospective rating rules to conform to the requirements of SB 6048 now codified as part of chapter 51.18 RCW. The proposal also includes provisions to implement performance audit recommendations reported to the Joint Legislative Audit Review Committee by Ed Welch & Associates, applicable to the retrospective rating program. The department anticipates that these new rules will result in improved workplace safety and claims management practices for the members of the group.

Proposal Changes the Following Existing Rules: The passage of SB 6048 which includes new rule-making authority for labor and industries had the effect of voiding all existing rules previously adopted under the authority of RCW 51.16.035. Labor and industries is proposing to readopt many of the previous program rules under the new rule-making authority contained in RCW 51.18.010(2).

In addition, SB 6048 established new entrance and participation requirements for organizations that sponsor retrospective rating groups.

Besides the changes contained in SB 6048 several changes are also proposed to address performance audit recommendations made by Ed Welch in his report to the Joint Legislative Audit Review Committee.

Major changes include:

WAC 296-17-90402, this rule contains the definition of terms and words used in the retrospective rating program rules that if not defined could create confusion. The definitions include a provision to increase the number of mandatory annual adjustments from 2 to 4 for each coverage period and further clarification of the term "account in good standing." Also new definitions for "qualified employer" and "member of a group" have been added to help further clarify other rules that these terms are used. Authority to establish these definitions is contained in RCW 51.18.010(2).

WAC 296-17-90408, this rule explains that not all organizations can sponsor retrospective rating groups and provides information to appeal decisions of labor and industries relative to the retrospective rating program. These requirements are found in RCW 51.18.030(5).

WAC 296-17-90409, this rule cites a number of requirements that must be met before an organization can sponsor a retrospective rating group. These requirements are explicitly required by RCW 51.18.020.

WAC 296-17-90412, this rule requires a sponsoring organization to provide labor and industries with a safety plan that is designed to improve workplace safety and accident prevention for members of the proposed group. Part 2 of this rule requires all organizations to provide an annual report on safety accomplishments. This rule is intended to bridge the gap between the safety plan required in RCW 51.18.020(3) for new groups and the old requirement of RCW 51.16.035(4) for groups covered by RCW 51.18.060 and the review of safety plans contained in RCW 51.18.050(1).

WAC 296-17-90415, this rule explains the process of disqualifying a group related to failure to improve workplace safety and accident prevention for the members of the group. These requirements are explicitly required by RCW 51.18.050.

WAC 296-17-90445, this rule contains a provision to increase the number of mandatory adjustments for each coverage year to four. Authority for this rule is contained in RCW 51.18.010(2).

WAC 296-17-90466, this rule prohibits a sponsoring organization from having a captive clause in their agreement with members as a condition of receiving a retrospective rating refund and also requires the sponsoring organization to distribute at least ninety percent of the retro refund to members of the group. Authority for this rule is contained in RCW 51.18.010(2).

WAC 296-17-90484, this rule prohibits the direct payment of medical bills by an employer or sponsoring organization for medical services provided to an injured worker. Authority for this rule is contained in RCW 51.18.010(2). This rule is further designed to address performance audit recommendation #28 relative to the establishment of underwriting guidelines to avoid adverse selection in the retrospective rating program.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

INTRODUCTION: This filing contains a number of proposed new rules that concern workers' compensation insurance and the retrospective rating program underwritten by labor and industries. The subject rules are designed to implement new legislation passed during the 1999 legislative session (SB 6048) and performance audit recommendations relative to the retrospective rating program.

Prior to the 1999 law change, RCW 51.16.035 allowed labor and industries to offer a retrospective rating program if it desired to do so. Under the new law (RCW 51.18.010), labor and industries is required to offer retrospective rating insurance options to employers and to organizations that are eligible to sponsor retrospective rating groups. In addition to formally requiring a retrospective rating program, the new law grants labor and industries rule-making authority (RCW 51.18.010(2)).

Many of the proposed rules contained in this filing were developed through a cooperative effort between labor and industries and the affected business community. A number of the proposed rules were also the subject of a rule-making petition offered by the Association of Washington Retro Employers (AWARE) filed with labor and industries on October 20, 1998. At the request of AWARE and a number of retrospective rating groups most of the rules contained in this filing were originally adopted under the rule-making authority contained in RCW 51.16.035 and went into effect January 1, 1999.

Passage of the new retrospective rating law has effectively voided all administrative rules relative to the retrospective rating program previously promulgated by labor and industries under RCW 51.16.035. As a result, labor and industries must engage in rule making to reestablish the general and specific rules that will govern the retrospective rating program.

SUMMARY OF PROPOSED RULES: Labor and industries is proposing to establish thirty-seven new rules. These new rules relate to the retrospective rating program. The proposed rules can be subdivided into those that implement SB 6048 and those that address performance audit recommendations. A number of the proposed rules contained in this filing are explicitly required by law.

The following list is a summary of the proposed rules:

WAC 296-17-90401 Introduction, 296-17-90402 Definitions, 296-17-90403 Overview, 296-17-90406 Employer requirements, 296-17-90408 Group sponsorship restrictions, 296-17-90409 Sponsoring organization requirements, 296-17-90412 Safety plan, 296-17-90415 Removal of group--Safety, 296-17-90418 Separate accounts--Enrollment requirement, 296-17-90421 Selection of industry group, 296-17-90424 Classification scope, 296-17-90427 Classification assignment procedure, 296-17-90430 Addition of new classifications, 296-17-90433 Classification review and reapplication, 296-17-90434 Multiple retro groups, 296-17-90436 Application process--Group, 296-17-90439 Employer member application process, 296-17-90442 Individual employer application process, 296-17-90445 End of coverage period--What happens, 296-17-90448 Maximum loss value per claim, 296-17-90451 Requests for reconsideration, 296-17-90463 Refund paid, 296-17-90466 Contract restriction--Refund, 296-17-90469 Additional assessment, 296-17-90472 Assessments due, 296-17-90475 Appeals, 296-17-90478 Share refunds with workers, 296-17-90481 Change in ownership, 296-17-90484 Payment of medical service by employer, 296-17-90490 Contract disclaimer, 296-17-90491 Retro formula, 296-17-90492 Table I, 296-17-90493 Table II, 296-17-90494 Table III, 296-17-90495 Table IV, 296-17-90496 Table V, and 296-17-90497 Table VI.

INDUSTRY ANALYSIS: Employers participating in the retrospective rating program with claim costs that are lower than expected for the coverage period selected are generally entitled to a premium refund. Additional premium will be assessed if losses are greater than allowed by the retrospective rating plan and option selected. Employers that participate in a group plan may or may not be entitled to a premium refund. This is because the sponsoring organization and the members participating in the plan through their contract agreement determine the distribution formula.

Retrospective rating options are available to an employer either as an individual employer plan or they can participate as a member of a group plan. Employers in nearly every type of industry participate in the retrospective rating program. Because of the advantages offered by risk pooling, most employers participate as members of a group plan.

At the present time, there are 15,500 employers enrolled in the retrospective rating program. Approximately 90% of these employers participate as members of group plans. As a result of this grouping feature, each plan becomes a mixture of many standard industrial classifications (SICs). To further complicate this situation the group agreement is between labor and industries and the sponsoring organization, not the individual members. The SIC under which the sponsoring organization reports is substantially different from the SIC's that the members use.

Since any cost applicable to these rules is borne by the sponsoring organization a more accurate analysis can be made [by] using the composite standard premium of the group and the sponsoring organization as the focal point of the evaluation. This is further supported by the fact that the rules under consideration that might result in financial impacts or sanctions apply primarily to the sponsoring organizations.

At the present time approximately seventy associations sponsor retrospective rating groups. Several organizations sponsor more than one group. The total annual standard premiums paid by members of these organizations can and will vary depending on the size of the group, experience factors of the members, the number of work hours reported and the risk classifications of the members. The largest group plan being sponsored at this time is related to construction risks. This group generates in excess of $94 million in standard premium annually. The smallest group plan currently participating in the program is an agriculture group that generates an annual standard premium of $150,000.

It is possible to convert standard premiums into full-time equivalent (FTE) employees. This can be accomplished by dividing the total group standard premium into the sum of the average hourly rate for the industry times 2,000 work hours ($94 million divided by (1.5744 x 2,000 hours)). Using this conversion method we estimate the construction group represents over 30,480 FTE's. The smaller agricultural group converts to 185 FTE's ($150K divided by ($.4011 x 2,000)).

This analysis reveal provides further evidence that retro groups by size are made up of large to medium size employers. This is further supported when participants are compared to non-participants. Employers participating in retrospective rating account for over 46% of the total premium paid to the state fund.

COST OF COMPLIANCE: An employer wanting to participate in the retrospective rating program must submit a one-page agreement to labor and industries. The agreement form is supplied by labor and industries or in some cases by the sponsoring organization as a part of their association's marketing program. The cost imposed by these proposed rules to an individual employer is minimal. Generally this cost is limited to the time it takes to complete the agreement and the postage required to mail the form to labor and industries.

The elements contained on the agreement form are limited to the employer's mailing address, business name, industrial insurance account number and identification of a contact person and their phone number. An original signature is also needed on the agreement form. Labor and industries estimates that it should take less than five minutes to complete the agreement form.

The actual cost to complete the agreement form will vary by employer and depends on the wages paid to the employee completing the form. Using an assumed payroll cost of $20 per hour, labor and industries estimates the cost to complete the agreement form to be around $2. This includes the cost of postage and labor.

A threshold requirement placed on an organization seeking to sponsor a retrospective rating group is that the formation of the group will result in improved safety and claims management for the members of the group law (formerly RCW 51.16.035(4) and currently RCW 51.18.020(9)). To accomplish this, organizations routinely hire claims and safety staff or contract with a management group for these services. Since this has always been an explicit requirement of law, labor and industries is not required to further analyze this cost.

An added feature of this rule requires the sponsoring organization to supply an annual update of their safety accomplishments to labor and industries. In early discussions with trade associations during the development of SB 6048 language labor and industries was told repeatedly that associations report this information to their members annually. Compliance with this provision is the cost of postage to share this information with labor and industries, the labor to address an envelope and the cost of paper and envelope. Labor and industries estimates this cost to be under $2.00.

One proposed rule being considered that could have a financial impact is the change in the number of mandatory annual evaluations for each coverage period. If adopted the new rule would require four mandatory annual adjustments for each coverage period instead of the current two mandatory annual adjustments. This rule change is being proposed to address performance audit recommendations made by Ed Welch and Associates to the Joint Legislative Audit Review Committee relative to a bias in the amount of premium refunded to groups. The change in the number of mandatory adjustments is also consistent with the statutory requirement that retrospective rating plan be consistent with recognized insurance principles (RCW 51.18.010(2)).

Based on research by labor and industries of other state practices most retrospective rating agreements include five annual mandatory evaluations. Requiring four mandatory annual evaluations for each coverage period would bring labor and industries retrospective rating program rules in line with those found around the country.

The cost associated with this rule can be dramatic if the sponsoring organization does not have a successful safety and claims management program. Since each organization that sponsors a retrospective rating group selects the plan and level of risk, the group outcome is driven by several factors all of which the sponsoring organization and their members control. Each organization establishes their own underwriting criteria to select member risks they want to include or exclude from the group plan. The sponsoring organization has sole responsibility to develop and establish the safety program that members must presumably implement. Labor and industries does not have a role in enforcing the agreed upon safety program.

In the event that an injury does occur the sponsoring organization and the group members can do a number of things to help control the cost of the claim. This begins with cooperation with labor and industries claim management activities. Other cost control features that an organization and their members can implement include keeping the injured worker on salary and having light duty and return to work options available.

The financial impact of this rule is unknown to labor and industries and cannot be reasonably estimated because of the various unknown factors in the agreement between the sponsoring organization and the members of the group plan. This is further complicated by the plan and level of risk selected by the sponsoring organization and how the organization's safety and claims services are funded which can vary from year to year. Since the overall intent behind this rule proposal is to comply with RCW 51.18.010 requirements that the retrospective rating plan be consistent with recognized insurance principles no further analysis of cost is needed.

Another rule proposal sets the maximum that a sponsoring organization can retain from a group refund. This is intended to insure that the employers participating in retrospective rating receive the maximum refund possible. This cap of refund does not result in a reduction in the amount to be refunded to a group therefore further analysis is not required.

INVOLVEMENT OF SMALL BUSINESS: Labor and industries held five informal public meetings around the state in March and April 1999 to begin the current rule development process. All employers that participate in the retrospective rating program were invited to attend these meetings. Rules being proposed in this filing were discussed at three separate meetings of the retrospective rating advisory committee. The advisory committee is made up of individual employers and association representatives. The public was invited to attend these meetings. An additional informal public meeting was held in September 1999 to allow additional comment on the development of these rules. Additionally many of the proposed rules contained in this filing were the subject of a rule-making petition presented by AWARE in 1998 and adoption of rules that went into effect January 1, 1999, but were effectively voided with the change in rule-making authority.

PROFESSIONAL SERVICES: The rules being considered in this filing do not require any employer to secure the services of a management company. There are a number of companies that specialize in claims management and loss control that many employers and organizations choose to use. The cost of these services vary by contract, group size and other terms agreed to by the employer, the sponsoring organization and the service provider. Labor and industries does not have access to this information and therefore cannot evaluate the cost of this service.

MITIGATION: The retrospective rating program has returned over $800 million to employers and organizations that sponsor retrospective rating groups since the program began in 1981. By way of comparison, labor and industries has assessed just over $40 million in additional premiums to employers and groups whose losses were greater than allowed by the selected plan. When the amount of premium refunded is compared to the additional assessments paid, it is clear that the benefits of the program outweigh any potential additional costs of the program and therefore, no need exists to further mitigate costs.

CONCLUSION: Labor and industries has been directed by the legislature to offer a retrospective rating plan to employers and organizations eligible under the law to sponsor groups. The legislature has further instructed labor and industries to ensure that the retrospective rating program conform to recognized insurance principles. It should be noted that participation in the program is completely voluntary, as is the selection of plans and level of risk. Employers and organizations that participate in this program do so voluntarily.

A copy of the statement may be obtained by writing to Department of Labor and Industries, Retrospective Rating Program, P.O. Box 44180, Olympia, WA 98504-4180, fax (360) 902-4258.

RCW 34.05.328 applies to this rule adoption. The department is authorized to offer a retrospective rating plan (RCW 51.18.010). The retrospective rating plan by law is to conform with recognized principles of insurance. Although the rule proposals included in this filing would be considered "significant rules" as defined by the statute they only apply to employers that voluntarily participate in the retrospective rating program. Those rules that impose financial impact are exempted from preparing an evaluation of probable costs and benefit analysis as mandated in RCW 34.05.328(1) since they are rules that set or adjust fees or rates pursuant to legislative standards (RCW 34.05.328 (5)(b)(vi)) and are exempt from the criteria outlined in RCW 34.05.328.

Hearing Location: Labor and industries will hold one public hearing. This hearing will be held on December 14, 1999, at the Tumwater Labor and Industries Office Building located at 7273 Linderson Way S.W. The hearing will start at 1:30 p.m. in the auditorium.

Assistance for Persons with Disabilities: Contact Mark Matthies by December 13, 1999, (360) 902-4838.

Submit Written Comments to: Department of Labor and Industries, Douglas Connell, Assistant Director for Insurance Services, P.O. Box 4180, Olympia, WA 98504-4180, or fax (360) 902-4258.

Written comments must be received in our Tumwater office by 5:00 p.m. (Pacific time), December 13, 1999.

Date of Intended Adoption: December 30, 1999.

November 3, 1999

Gary Moore

Director

OTS-3220.7


NEW SECTION
WAC 296-17-90401
Introduction.

Retrospective rating is a program designed to encourage workplace safety and accident prevention for employers that insure their workers' compensation obligations with the state fund. The 1999 session of the legislature finding that the goal of workplace safety has been enhanced by retrospective rating determined that the plan provided for in RCW 51.16.035 should be formalized in its own section of law (RCW 51.18.005). By legislative policy (RCW 51.18.010) retrospective rating should encourage broad participation by employers and organizations that sponsor retrospective rating groups.

To implement the retrospective rating plan provided for in RCW 51.18.010 we have developed a series of formal rules found in the Washington Administrative Code (WAC). As required by law these rules are based on recognized principles of insurance. WAC 296-17-90401 through 296-17-90497 contains the general and special rules and rating plan tables applicable to the department's voluntary retrospective rating program. We refer to the individual rules (WACs) as sections and the complete body of sections as the retrospective rating manual. The retrospective rating manual contains sections (WACs) that define or explain:

• Words or phrases that we use;

• The steps you must take to participate in the program;

• How group plans are authorized;

• Why members of a group must be involved in similar business operations;

• The need to have an insurance account with the department and keep it in good standing in order to participate in this voluntary rating plan;

• Workplace safety requirements of the plan;

• Contract restrictions and refund requirements;

• Formulas used to establish retrospective premium;

• Premium size tables;

• Plan tables.

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NEW SECTION
WAC 296-17-90402
Definitions.

In developing the general reporting rules and tables for retrospective rating, we have used certain words or phrases that could have several meanings. Appendix A of this manual contains a list of words or phrases defined by law (Title 51 RCW). To reduce misunderstandings which can result by our use of certain words or phrases not defined in law (Title 51 RCW), we have developed definitions which will govern what these words or phrases mean for purposes of the retrospective rating program.

Account: The term "account" means an individual employer's industrial insurance account and related subaccounts, or in the case of a retrospective rating group it means the sponsoring organization's industrial insurance account. For purposes of RCW 51.08.015, the term "retrospective rating account" and "industrial insurance account" shall have the same status.

Account in good standing: For an account to be in good standing, the employer and/or group must have:

(a) Submitted all of the required reports and paid all industrial insurance premium payments, assessments, penalties and interest when due and on time. This requirement also includes the payment of other fees, fines, penalties and assessments established by the department such as safety violations and computer access fees. An account may be deemed to be in good standing if the employer or group (organization) is current with a repayment agreement with the department; and

(b) Not participated in the activities described in WAC 296-17-90484 concerning the direct payment of medical services.

A sponsoring organization in addition to the requirements described in (a) and (b) of this subsection must also file the safety plan and reports required in WAC 296-17-90412 and comply with the contract and refund distribution requirements of WAC 296-17-90466 for the group account to be in good standing.

Adjustment: The process of calculating retrospective premium, and any resulting refunds or assessments. For the first adjustment of a coverage period, retrospective premium is compared to the standard premium due. The difference will be refunded if the retrospective premium is lower than the standard premium due. You will be assessed the difference if the retrospective premium is higher than the standard premium due. In subsequent adjustments of the coverage period, the new retrospective premium is compared to the prior retrospective premium to determine the amount of refund or assessment.

Basic premium ratio (BPR): A component of the retrospective rating premium formula, the BPR represents a charge for administrative costs (except claims handling) and an insurance charge which covers the cost of having retrospective premium limited by the selected maximum premium ratio.

Case reserve: The department's estimate of cost associated with a specific claim over the lifetime of the claim.

Coverage period: A twelve-month period beginning January 1 and ending December 31, or April 1 through March 31, or July 1 through June 30, or October 1 through September 30. Only claims with a date-of-injury within the selected coverage period and standard premium due for the same coverage period are used to calculate retrospective premium. The coverage period is selected by the group or individually enrolled employer.

Developed losses, a.k.a. total incurred losses (developed): A component of the retrospective rating premium formula. Based on historical trends we know that the total incurred losses for claims in a coverage period tend to increase over time. This can be the result of claim reopenings, changes in time loss duration, increased medical utilization, etc. The developed losses computation anticipates and distributes these increases among all the participants in a coverage period. Developed losses for pension claims are determined by multiplying their incurred losses by the applicable performance adjustment factor. For nonpension claims, developed losses are determined by multiplying their incurred losses by the applicable loss development factors.

Evaluation date: The date selected by the department in which incurred losses for applicable claims are measured and captured for the purpose of calculating retrospective premium. Changes in incurred losses that occur after an evaluation date will not be considered until the next applicable evaluation date. The first evaluation date is between nine and ten months after the coverage period ends. The next three evaluations will occur in twelve-month intervals.

Freeze date: See evaluation date.

Group: Employer members of an organization who have agreed to have their retrospective premium calculated using the combined applicable standard premium and related loss data of the participants as a whole.

Homogeneity: An insurance term used to denote a similarity between two or more business risks. Although it is rare that any two businesses will be identical, similar businesses have similar exposure to occupational injury and disease.

Incurred losses: A term we use to denote a cost component of a claim. For open claims, incurred losses are the total of costs paid-to-date which have been assigned to a given employer account, or the case reserve established by the department, whichever is greater. For closed claims, incurred losses are the total of costs paid-to-date which have been assigned to a given employer account, regardless of any case reserve that may have been established.

Loss conversion factor (LCF): A component of the retrospective premium formula, the LCF represents an expense charge for claims handling and the present value of developed losses. LCFs can be found in WAC 296-17-90493 through 296-17-90497.

Loss development factor (LDF): LDFs are actuarially determined factors that are multiplied by incurred losses of nonpension retro claims to produce developed losses. LDFs are unique to each coverage period, but are the same for every nonpension retro claim in the coverage period. They are periodically recalculated. LDFs shown on retro reports have already been adjusted by the applicable performance adjustment factor.

Loss ratio: The numerical result when dividing developed losses by standard premium. The retrospective premium calculation will generate a net refund if the Basic premium ratio (BPR) + (Loss Ratio X the Loss conversion factor (LCF)) is less than 1. The BPR and LCF are determined by the plan picked by the individual enrollee, or in the case of a group by the sponsoring organization and the premium size of the individual enrollee or the group. Once these are picked the group can only influence the loss ratio to determine the amount of refund. The department suggests an evaluation of each claim to determine if there are trends and patterns and that the sponsoring organization implement workplace safety measures to eliminate or reduce loss regardless of the loss ratio.

Maximum premium ratio (MPR): A factor preselected by the organization (group) or individually enrolled employer that determines the maximum retrospective premium requirement for a given coverage period. MPRs can be found in WAC 296-17-90493 through 296-17-90497.

Member of a group: A term used by the department to describe the individual employers that participate in a group plan of a sponsoring organization.

Minimum premium ratio (MnPR): For plans A1, A2 and A3, an actuarially determined factor that determines the minimum retrospective premium requirement for a given coverage period. MnPRs can be found in WAC 296-17-90493 through 296-17-90497.

Pension claim: A claim designated as a fatality or total permanent disability.

Performance adjustment factor (PAF): An actuarially determined factor unique to each retro coverage period which ensures that aggregate refunds reflect the relative performance of retro versus nonretro state fund employers plus an investment credit.

Plan: A numeric table developed by the department used to calculate the retrospective premium requirement of a group or individually enrolled employer. A group or individually enrolled employer preselects from one of five plans (A, A1, A2, A3 or B). The selected plan (along with the MPR and standard premium volume) determine the minimum premium, basic premium and the loss conversion factor which is applied to the developed losses used in the retrospective premium calculation.

Premium: Money paid (due) from an employer for workers' compensation insurance. It does not include money paid as fees, fines, penalties or deposits.

Qualified employer: A term used by the department to describe an employer that has an industrial insurance account and that the account is in good standing at the time of enrollment.

Retrospective premium: The net premium for a group or individually enrolled employer after an adjustment for a given coverage period, using the formulas and provisions found in WAC 296-17-90491 through 296-17-90497.

Retrospective rating account: A term used by the department to describe the industrial insurance account of an employer or a sponsoring organization that participates in retrospective rating.

Standard premium: The total accident fund and medical aid fund premiums paid (due) by a group or individually enrolled employer for a given coverage period. The supplemental pension assessment portion of total premiums due (paid) is not included. If the group includes employers subject to the staggered enrollment provision of the retrospective rating rules, the standard premium is the total premiums due (paid) for the calendar months in which they have been accepted into a group.

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NEW SECTION
WAC 296-17-90403
Can you give me an overview of the retrospective rating program?

Retrospective rating is a voluntary program offered by the department to a qualified employer or group of employers who insure their workers' compensation insurance obligations with the state fund. Retrospective rating offers premium refunds to participants that help control their workers' compensation claim costs. Reductions in workers' compensation claim costs are accomplished in part through employer or group sponsored safety and accident prevention programs and employer cooperation with the department's claims management activities. The criteria that must be met to be considered a "qualified employer" can be found in WAC 296-17-90406. A qualified employer who enrolls in an individual plan, selects the plan and coverage period. Any employer in an individual plan must participate in the plan for the entire coverage period unless they become a self insured employer or their industrial insurance account is closed. An organization that sponsors a retrospective rating group selects the plan and coverage period for its members and must participate in the program through the end of a coverage period if their account remains active. The department will allow an organization sponsoring a group to enroll new employer members into their retrospective rating group on a quarterly basis. We refer to this as a staggered enrollment. Because of this feature, participation for employers in a group plan can be as short as three months or as long as twelve months. All retrospective rating participants agree to be subject to the provisions of the rules contained in the retrospective rating manual. Final determination of employer or group eligibility, account in good standing, evaluation of incurred losses and such other matters covered by the rules contained in the retrospective rating manual rest with the department. Department determinations applicable to the retrospective rating program are subject to review under RCW 51.52.060.

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NEW SECTION
WAC 296-17-90406
I understand that there are specific requirements that an employer must meet before they can participate in either individual or group retrospective rating.

Can you tell me what these requirements are? (1) To be a qualified employer you must have:

(a) An industrial insurance account with the department; and

(b) Your industrial insurance account must be in good standing at the time of enrollment.

(2) The department may require the posting of a surety bond or an assignment of savings. If so, it will be executed on forms authorized by the department and in one thousand dollar increments. The surety bond or assignment of savings requirement will be based on the difference between the participants' estimated standard premium and the maximum premium due under the applicable retrospective rating plan. In the event that surety bond or assignment of savings requirement falls within two increment ranges, the bond will be at the next higher thousand dollar increment. The surety bond or assignment of savings must be in full force and effect for the entire coverage and the related adjustment periods.

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NEW SECTION
WAC 296-17-90408
Can all organizations sponsor a retro group?

(1) No, only organizations with members can sponsor a retro group. This requirement is intended to provide a distinction between a business enterprise with clients that are not permitted to sponsor a retrospective rating group and an organization with members that can sponsor one or more retrospective rating groups.

(2) In addition, the sponsoring organization must have been formed for purposes other than that of obtaining or offering insurance coverage or insurance services or sponsoring a group plan and participating in the department's retrospective rating program.

(a) The department will verify the purpose(s) of the organization from the information contained in the articles of incorporation, bylaws, contracts and/or advertising material of the organization.

(b) Since the enhancement of workplace safety for the group is a principal requirement of the retrospective rating program, an organization, which at the time of a request for sponsorship offers services which are primarily related to risk management, safety, loss control, claims administration or insurance will be deemed to be set up for the sole purpose of participating in the retrospective rating program and will not qualify to participate in this program.

(3) In addition to these prohibitions, an insurer, insurance broker, insurance agent or insurance solicitor may not:

(a) Participate in the formation of a retrospective rating group; or

(b) Sponsor a retrospective rating group.

[]


NEW SECTION
WAC 296-17-90409
I understand that there are specific prerequisites that an organization must meet to sponsor a retrospective rating group plan.

Can you tell me what these requirements are? Yes. Before we can consider an organization's request to sponsor a retrospective rating group plan they must meet all the following requirements:

(1) The sponsoring organization must have been in existence for at least four years prior to sponsoring a retrospective rating group.

(a) To validate this, the sponsoring organization must provide the department with copies of its articles of incorporation, bylaws and marketing/membership applications or similar material, accompanied with an affidavit certifying that the documents are true and the information contained in the documents is accurate as of the date of submittal.

(b) The department will verify this information through contacts with various state, local and federal agencies and other businesses.

(2) The sponsoring organization must have been formed for purposes other than that of obtaining or offering insurance coverage or insurance services described in WAC 296-17-90408.

(3) Employer members of the proposed retrospective rating group must be dues paying members of the organization. We recognize that some organizations may be funded through member donations and not dues. The intent of this requirement is to ensure that the members of the organization are current members as opposed to potential members. Where an organization's members do not pay dues the organization must provide a list of its current members and a written explanation of how member contributions are determined.

(a) An organization seeking to sponsor a group retrospective rating plan must submit a complete list of its current membership to the department that details the effective date of membership accompanied with an affidavit certifying the list to be true and accurate as of the date of submittal.

(b) Each employer member who wants to participate in the organization's retrospective rating group plan must have an industrial insurance account in good standing with the department.

(c) Each employer member who wants to participate in the proposed sponsoring organization's retrospective rating group must provide us with a written request/release. This is to be done on a form provided by the sponsoring organization and approved by the department. Sample forms can be found in Appendix A of this manual. Completion and submission of this application to the department signifies the employer's desire to participate in the organization's retrospective rating group if it is approved. The proposed retrospective rating group membership list must be submitted with the group application of the organization and the other material listed in this section.

(d) All employers in the retrospective rating group must be members of the sponsoring entity.

(e) Fifty percent of the members of the proposed retrospective rating group must have been members of the sponsoring organization for one year prior to the group's entrance into the retrospective rating program. We will verify this from the membership information provided to the department in (a) of this subsection.

(4) The sponsoring organization must have an industrial insurance account and the account must be in good standing at all times, including the application process and the coverage and adjustment periods.

(5) The initial premium level of the proposed retrospective rating group must be at least one million five hundred thousand dollars. This will be based on the standard premium of the proposed group members' most current fiscal year (four quarters) of reporting.

(6) The requirements contained in this rule are in addition to any other requirements contained in the retrospective rating manual such as those found in WAC 296-17-90412(2) applicable to an annual safety report and WAC 296-17-90421(2) applicable to selection of an industry group by the sponsoring organization.

[]


NEW SECTION
WAC 296-17-90412
Are there safety, accident prevention and claim cooperation requirements that an organization must satisfy once the preliminary requirements have been met?

(1) Yes. An organization seeking to sponsor a retrospective rating group must submit a written workplace safety and accident prevention plan that demonstrates to the department's satisfaction that the formation of the group will substantially improve workplace safety and accident prevention. At a minimum the plan must be tailored to the business and industry grouping selected by the organization. The written plan must include identification and evaluation of the common hazards found in the business and industry grouping selected, disclosure of services to be provided by the organization to each member, if the services are fee based or free and meeting and workshop attendance requirements. In addition, the sponsoring organization must explain how the formation of the group will result in enhanced cooperation with the department's claims management activities.

(2) An organization seeking to continue sponsorship of an existing retrospective rating group must provide annually a written report that highlights workplace safety accomplishments of the group during the past coverage year and identifies areas that the group has targeted for improvement during the next coverage period. This might include a focus on a specific type of injury, special attention to employers with high loss ratios, or employers identified by the organization as needing special services. The written report is due at the time of the group reenrollment. Failure to submit the required report will result in group disqualification at the time of reenrollment.

(3) Department determinations applicable to the retrospective rating program are subject to review under RCW 51.52.060.

[]


NEW SECTION
WAC 296-17-90415
Can an organization lose the right to sponsor a retrospective rating group if workplace safety for their members is not improved?

(1) Yes. A retrospective rating group required to pay additional net premium assessments in two consecutive coverage periods will be immediately placed on probationary status. Once a group is placed on probationary status, the department will review the group's workplace safety and accident prevention plan and its methods for cooperation with department claims management activities. Following the review, the department will make recommendations for corrective steps that may be taken to improve the group's performance.

(2) In the event that the group's performance is not improved and the same retrospective rating group is required to pay an additional net premium assessment in the third consecutive coverage period, that group shall be denied future enrollment in the state's retrospective rating plan at the next enrollment. In addition, the sponsoring entity of the failed group may not sponsor another group in the same business or industry category for five coverage periods (sixty months) from the ending date of the failed group's last coverage.

(3) Department determinations applicable to the retrospective rating program are subject to review under RCW 51.52.060.

[]


NEW SECTION
WAC 296-17-90418
I have several businesses that report and pay premiums using separate subaccounts. If I want to participate in retrospective rating, do I need to enroll all of my businesses or can I enroll some and not the others?

(1) Because an employer might manipulate their company's safety record by use of multiple industrial insurance accounts, employers enrolling a particular account in either an individual or group plan must enroll all businesses that they own or have a controlling interest whose nature of business is substantially the same. A controlling interest is defined as more than fifty percent ownership by one or more owners.

(2) If you have several businesses which are dissimilar to each other when the nature of the service is considered, you may elect to have all of the businesses covered under a retrospective rating plan or just one or more of the businesses.


Example: You operate a chain of ten grocery stores. Each store is operated at a different location. You have requested that each store be assigned a special account. In addition to the ten stores, your company also has a separate administrative office. This office reports under the clerical classification. Under subsection (1) of this section you must enroll all of your store locations if you are to participate in a retrospective rating plan. You may elect to include your administrative office under subsection (2) of this section.

[]


NEW SECTION
WAC 296-17-90421
Is there a requirement for employer members of an organization to be engaged in substantially similar businesses to participate in the organization's group plan?

(1) Yes, Washington law (RCW 51.18.040) requires all retrospective rating groups to be made up of employer members who are engaged in substantially similar business operations when the nature of their services or work activities of employees is considered.

(2) The first step in this process is for the sponsoring organization to select the single retrospective rating group it wishes to sponsor. This is done at the time the application for group is submitted to the department from the broad industry or business category from the table below:


Industry/business group table



Agriculture and related services.
Automotive, truck and boat, manufacturing, sales, repair and related services.
Construction and related services.
Distillation, chemicals, food and related services.
Facilities, property management, maintenance and related services.
Government, utilities, schools, healthcare and related services.
Healthcare, pharmaceutical, laboratories and related services.
Logging and wood products manufacturing and related services.
Manufacturing, processing, mining, quarrying, and related services.
Retail and wholesale stores and professional services such as banks and law firms and related services.
Temporary help and related services.
Transportation, recycle, warehousing, facility maintenance and related services.

The intent of this process is to ensure that the homogeneity requirement of RCW 51.18.040 is met.


Example: An organization that was formed to advance the interests of apple growers would select the agriculture and related services business/industry group plan. This organization could sponsor a single group for all its grower members or could offer different performance groups for its grower members.


(3) To simplify administration and keep the administrative costs associated with devising a different classification system for the retrospective rating plan to a minimum, the retrospective rating program follows the same classification procedure established by the department to assign workers' compensation insurance classifications to an employer (WAC 296-17-31012). This procedure requires employers to be assigned a classification or series of classifications based on the nature of their business, not the occupations or duties of the workers they employ. Only those members whose business undertakings are substantially similar to the industry/business group selected by the organization will be permitted to participate. This grouping technique is fundamental to workers' compensation insurance and is referred to as "homogeneity of risk."


Example: Having selected the agriculture and related services business/industry grouping the department would verify that the employer members of the apple grower organization were either apple growers or were involved in a related service such as an apple processing operation owned by the grower.

[]


NEW SECTION
WAC 296-17-90424
Does the homogeneity requirement applicable to a group mean that members of the group have to report in the same risk classification?

No. Although it might be desirable for all members of the retrospective rating group to report under a single common classification, that approach would not be practical. Most employers are assigned more than one classification for reporting and paying premiums. We do, however, require that the members of the organization participating in the group be engaged in substantially similar businesses. In some cases an employer may report and pay premiums in other classifications not authorized for the group. This employer's business may still qualify to participate in the group provided the employer is assigned and reports in a classification assigned to the group and the approved classification represents the primary business of the employer. This assumes that the organization agrees to the added risks as a part of their group plan. Under no circumstance does this provision allow an organization to market their plan to existing members and/or prospective members that report only in these heterogeneous classifications.


Example: An employer operates an apple orchard and is assigned an agricultural risk classification for purposes of reporting and paying premium. This same employer also has an auto repair service and is assigned a separate risk classification for this business. Both businesses report under a single industrial insurance account. An organization sponsoring a retro group for agricultural businesses could allow this employer to participate in their retro group. This same organization could not, however, allow an employer engaged in an auto repair business to participate in their retro group if the employer did not have an agricultural business enrolled in the organization's retro plan.

[]


NEW SECTION
WAC 296-17-90427
Can you tell me how the authorized classifications for a retrospective rating group plan are determined?

Yes, the authorized classification or classifications of a group is determined from an analysis of an organization's current dues paying membership that have submitted applications to participate in the plan. This analysis consists of evaluating the nature of each current dues paying member's business. The nature of business will be determined from information provided by the employer, information contained in department's files and/or information obtained from applicable field audit and/or classification inspection reports. Only those individual current dues paying members of an organization or members described in WAC 296-17-90409(3) that are homogeneous (substantially similar) will be considered in determining the classifications authorized for the organization's retrospective rating group. This analysis ensures compliance with the requirement (RCW 51.18.040) that the industries of employers in an organization are substantially similar.

[]


NEW SECTION
WAC 296-17-90430
After a retrospective rating group plan has been authorized a classification or classifications, can an organization be allowed additional classifications at a later date?

The department may authorize an existing retrospective rating group to obtain additional classifications.

To request additional classifications, the organization must petition the department for the additional classification(s). The request must be in writing and include the name of the member reporting in the requested classification, the member's industrial insurance account number and an explanation of how the new classification(s) are substantially similar to others currently assigned to the group. Final approval of classifications rests with the department. Department determinations applicable to the retrospective rating program are subject to review under RCW 51.52.060.

[]


NEW SECTION
WAC 296-17-90433
Does sponsoring organization have to reapply each year for authorized classifications applicable to their retrospective rating group?

(1) Once the department approves a classification or a series of classifications for an organization's retrospective rating group, no further reapplication is necessary. Exceptions to this policy are noted in subsections (2) and (3) of this section.

(2) The department will review the past reporting of an organization's retrospective rating group members annually. If we discover a classification or series of classifications under which no worker hours were reported during the prior fiscal year (ending June 30) by the group members, we will remove the classification from the group. The organization can apply to have the classification reinstated if they have members reporting in the classification or classifications in the previous and current year.

(3) Department determinations applicable to the retrospective rating program are subject to review under RCW 51.52.060.

[]


NEW SECTION
WAC 296-17-90434
Can an organization sponsor more than one retro group?

Yes, an organization can sponsor more than one group. (1) Under Washington law (RCW 51.18.030), an organization that sponsored a retrospective rating group prior to July 25, 1999, will have to wait until January 1, 2003, before they can sponsor an additional retrospective rating group in a new business or industry. At that time a sponsoring organization could propose to sponsor one additional group every five years. Each new group must meet the requirements found in WAC 296-17-90409.

(2) A sponsoring organization that had a retrospective rating group approved by the department on or after July 25, 1999, may not propose another retrospective rating group in a new business or industry category until the minimum mandatory adjustment periods required by the department for first two coverage periods of the last formed retrospective rating group are completed. At that time a sponsoring organization could propose to sponsor one additional group every five years. Each new group must meet the requirements found in WAC 296-17-90409.

(3) Subsections (1) and (2) of this section do not prohibit a sponsoring organization from proposing to:

(a) Divide an existing retrospective rating group into two or more groups provided that the proposed new groups fall within the same business or industry category as the group that is proposed to be divided; or

(b) Merge existing retrospective rating groups into one business or industry category provided that the proposed merged groups fall within the same business or industry category as the groups that are proposed to be merged.

(4) Under no circumstance may a sponsoring organization propose more than one retrospective rating group or multiple business or industry categories in the same application to the department.

(5) Department determinations applicable to the retrospective rating program are subject to review under RCW 51.52.060.

[]


NEW SECTION
WAC 296-17-90436
We have been approved to sponsor a retrospective rating group. Is there an application process that we must follow?

Yes. Your next step would be to complete an application for group retrospective rating on forms provided by the department for the proposed group. A copy of this application can be found in Appendix A of this manual.

The application must be received by the department by the close of business 5:00 p.m. (Pacific time) on or before:


April 30 for the coverage period beginning the following July 1;
July 31 for the coverage period beginning the following October 1;
October 31 for the coverage period beginning the following January 1; and
January 31 for the coverage period beginning the following April 1.

When you complete this application you will need to select the single industry or business category that will be applicable to your group, the maximum premium ratio and plan (A, A1, A2, A3, or B) that will apply to the group for the coverage period. You should consider the benefits and risk of each plan and maximum premium ratio in making this selection. Plan and maximum premium ratio choices can not be changed after the deadline listed above. A copy of the signed agreement bearing an original signature must be received in our Tumwater office by the deadline indicated above. We will accept a faxed copy of the agreement provided it is received in our Tumwater office by the deadline and a copy of the signed agreement bearing original signatures is received before the coverage period begins. In the event that an application with an original signature is not received by the beginning of the coverage period you will not be enrolled in the program.

[]


NEW SECTION
WAC 296-17-90439
Does each member of the group have to complete an application?

(1) To initially enroll, each dues-paying employer member of your organization who completed a written request provided for in WAC 296-17-90409 (3)(c) must complete a group membership application/employer's authorization and release of insurance data. A copy of the application can be found in Appendix A of this manual. Other qualifying members of your organization who want to enroll in your group must complete the same application. The completed application/releases for the accounts the organization wishes to enroll in the group bearing original signatures must be received by the department by the close of business 5:00 p.m. (Pacific time) the 15th calendar day of the month prior to the selected coverage period.


Example: You have selected the coverage period beginning July 1. We must receive all group membership applications bearing original signatures on or before June 15.


(2) An officer or designated representative of your organization must complete, sign and forward to us an original retrospective rating group agreement. A copy of this agreement can be found in Appendix A of this manual. This completed form must be received by us by the close of business 5:00 p.m. (Pacific time) the 15th calendar day of the month prior to the selected coverage period.

(3) For each subsequent coverage period the sponsoring organization must secure authorization from their members that want to continue to participate in their retrospective rating group. The sponsoring organization must keep these records on file for the selected coverage year and subsequent adjustment periods. These records are to be made available for department inspection upon request. Group members will be reenrolled if their account is in good standing unless they or the sponsoring organization provide the department written notification of withdrawal by the close of business 5:00 p.m. (Pacific time) the 15th calendar day of the month preceding their coverage period. This process is intended to reduce the administrative burden of submitting applications to the department for members reenrolling in the group plan.

[]


NEW SECTION
WAC 296-17-90442
Is there an application process to enroll in an individual retrospective rating plan?

Yes. You must complete a retrospective rating plan agreement on forms provided by the department, listing each account or subaccount to be enrolled. A copy of this agreement can be found in Appendix A of this manual. The completed form must be received at our Tumwater office by the close of business 5:00 p.m. (Pacific time) on or before the 15th calendar day of the month prior to the selected coverage period. If the agreement is submitted by fax by the deadline, an agreement with an original signature must be received by the department prior to the beginning of the coverage period. In the event that an application with an original signature is not received by the beginning of the coverage period you will not be enrolled in the program. When you complete this agreement you will need to select the maximum premium ratio and plan (A, A1, A2, A3, or B) that you wish to participate in. You should consider the benefits and risk of each plan and maximum premium ratio in making this selection. Plan and maximum premium ratio choices can not be changed after the coverage period begins.

[]


NEW SECTION
WAC 296-17-90445
Can you tell me what happens at the end of a coverage period?

(1) Between nine and ten months after the coverage period has ended we will do an initial evaluation of the losses for each employer and group participating in retrospective rating. All future evaluation dates for a coverage period will take place approximately twelve months after the initial evaluation date.


Example: Assume that your coverage period began July 1, 1998, and ended June 30, 1999, (twelve calendar months). Our first evaluation date would occur mid-April 2000. This is roughly nine and one-half months from the last day of the coverage period. Because all retrospective rating plans have four mandatory evaluations, each subsequent evaluation will occur at twelve-month intervals.


(2) On the evaluation date, all claims with a date-of-injury within the coverage period are evaluated and the incurred losses which have been established for these claims are "captured" or "frozen."

(3) Because our evaluation is limited to claim status and type, and not the adjudicative decisions surrounding a claim such as, but not limited to, claim allowance, case reserve, wage determination and dependent status; retrospective rating program appeals that concern claims are limited to the open or closed status of a claim on the evaluation date. If you are in disagreement with the department over an adjudicative or reserving issue you must appeal that decision at the appropriate time. We can not provide relief in the computation of the retrospective premium unless the disagreement (protest or appeal) produces relief prior to the evaluation date. Ideally, your workplace safety and accident prevention program has been successful and none of your workers were injured during the coverage period. In the event that one or more of your employees were injured you should be working cooperatively with us and their medical caregiver to help the worker recover from the injury and return to the workforce as soon as possible.

(4) In the adjustment process, captured incurred losses are translated into developed losses using the appropriate loss development and performance adjustment factors. Retrospective premium is then calculated using the requisite formulas and tables in the retrospective rating manual.

(5) For a given coverage period, each group or individually enrolled employer is subject to four mandatory adjustments. The initial adjustment will occur approximately ten months after the coverage period has ended, with any subsequent adjustment occurring in twelve-month intervals.

(6) Department determinations applicable to the retrospective rating program are subject to review under RCW 51.52.060.

[]


NEW SECTION
WAC 296-17-90448
Is there a maximum loss value for each claim?

The loss value for any one claim or group of claims arising from a single accident is limited to a maximum of five hundred thousand dollars prior to the application of the performance adjustment factor.

[]


NEW SECTION
WAC 296-17-90451
If I disagree with the open status of a claim and ask, will you review the status?

Yes, there are two ways that you can do this.

(1) Every month we will send you a report that details the claims activity related to your individual or group account. If you discover a claim that you believe has been closed and is not reflected as such on the report or you believe the information needed to close the claim is available to the department you should bring it to our attention.

(2) Approximately one year after the coverage period has ended we will notify you of the amount of refund or additional assessment. This notification will be on a legal document referred to as an "order and notice." A copy of this document can be found in Appendix A of this manual. Included with the order and notice will be an adjustment report that details the status of each claim and their related cost. If you are in disagreement with the status of any claim that appears on the report you must send us a written request within the time specified on the order and notice. Upon receipt of your request, we will review the open status of a specific claim. In the event that we determine that all of the information necessary to close the claim was in the department's possession at the time of the evaluation date, we will recalculate the retrospective premium requirement. We will refund the additional premium or reduce the assessment as applicable.

(3) If you wish to request a review, send the request to:

Labor and Industries, Attention: Retrospective Rating, P.O. Box 44180, Olympia, Washington 98504-4180.

(4) Department determinations applicable to the retrospective rating program are subject to review under RCW 51.52.060.

[]


NEW SECTION
WAC 296-17-90463
If I am successful in reducing my workers' compensation insurance costs, and you inform me that I am entitled to a refund, when will I get the refund?

(1) If you are enrolled in an individual employer plan, approximately eleven months after the coverage period has ended we will notify you if you are entitled to a refund of premium or owe us additional premium.

(2) If you participate as a member of retrospective rating group, approximately eleven months after the coverage period has ended we will notify the sponsoring organization of the group refund or amount owing. It is the responsibility of the sponsoring organization to notify each member of the amount of refund to each member. The sponsoring organization will provide the department with a detail of the refund or assessment distribution to its members.

(3) Our notification will also include instructions on how to request reconsideration of the amount of the refund or assessment.

(4) We will not issue a refund check if it is less than ten dollars. If a refund is less than ten dollars we will credit the amount to your industrial insurance account and you can deduct the amount from your next premium payment.

[]


NEW SECTION
WAC 296-17-90466
Do you establish how the refund is to be distributed to members of a group?

(1) No. We are not involved in how the premium refund is distributed. The distribution of any refund is determined by the organization that sponsored the group. A sponsoring organization, however, cannot withhold a member's refund for not reenrolling in their retrospective rating group during the next or any future coverage year. In addition, at least ninety percent of any retrospective rating group refund must be distributed to members of the group.

(2) We will, however, withhold the pro rata share of any member whose account is not in good standing, with unresolved debt remaining from their coverage period up to the amount owed by the member for the coverage period. Any moneys withheld will be deposited into the insurance trust funds and credited to the member's industrial insurance account. If you are enrolled individually and owe us money, we will apply your refund to the amount you owe. In the event that your refund is greater than the amount you owe us, we will refund the difference to you.

[]


NEW SECTION
WAC 296-17-90469
If a group is subject to an additional assessment, does the department bill each member of the group for their share?

No. Just as we do not determine how a refund is to be distributed to members of a group, we are not concerned with how an additional assessment is distributed to members of a group. We hold the organization responsible for any additional assessment.

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NEW SECTION
WAC 296-17-90472
If a group or individually enrolled employer owes money related to a retrospective rating adjustment, when is it due?

All additional assessments resulting from a retrospective rating adjustment are due within thirty days of the date we communicate the decision to you. If a group is assessed an additional premium on a coverage year and a refund is calculated on a subsequent coverage year and the amount owed has not been satisfied, we will apply the refund to the amount owed. In the event that the refund is greater than the amount owed, we will refund the difference to the group. If you disagree with the assessment you should either protest or appeal the decision. Make sure you do this in writing within thirty days of the date we communicate the decision to you. If you fail to do so our decision is final and binding on you.

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NEW SECTION
WAC 296-17-90475
If I am in a dispute with the department over an assessment, claim cost or moneys alleged to be owed to the department, can I participate in the retrospective rating program?

If you are in a dispute with the department over an assessment, a claim cost or owe the department any moneys, you cannot participate in the retrospective rating program unless you pay the amount in dispute, or provide a surety bond or an assignment of savings in lieu of the payment pending the outcome of the disagreement. If you have paid the amount covered by the disagreement and it is resolved in your favor, we will refund these moneys. We will not pay interest on this money.

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NEW SECTION
WAC 296-17-90478
Are employers required to share retrospective rating refunds with their workers?

No. Retrospective rating refunds are paid out of the accident fund. Accident fund premiums are paid exclusively by employers. Since employees do not pay or contribute towards accident fund premiums employers are not obligated to return any of the retro refund to workers. Similarly, employers cannot charge retrospective rating assessments to their workers.

[]


NEW SECTION
WAC 296-17-90481
If a member of a group changes their legal structure or sells their business does the new entity or owner automatically become a member of the group?

(1) If the change is limited to a change in legal structure we may allow the new entity to continue to be a member of the group without a new application.


Example: A business operated as a sole proprietorship changes their legal structure to a corporation. Assuming the sole proprietor owner owns more than fifty percent of the stock in the corporation we would allow this business to continue to be a member of the group without a new application.


(2) If the change results in new ownership the new owner(s) will need to reapply if they want to participate in the group plan.

[]


NEW SECTION
WAC 296-17-90484
Can we pay a medical provider directly for medical services provided to one of our workers?

(1) Washington workers' compensation laws do not distinguish first-aid treatment from any other form of medical treatment. Employers that insure their workers' compensation insurance obligations with the state fund are not permitted to pay a medical service provider directly for any work-related injury or illness sustained by one of their workers. Payment of medical services on behalf of state fund insured employers is the sole responsibility of labor and industries.

(2) If you insure your workers' compensation insurance obligations with the state fund and pay a medical provider directly for services and we discover this, we will remove you from the retrospective rating program effective the date of our notification to you.

(3) Any employer that has been removed for this practice will be barred from ever participating in the retro program.

(4) A sponsoring organization that engages in this practice or encourages their members to engage in this practice will be barred from ever sponsoring a retro group and any groups that they currently sponsor will be terminated effective the date of our notification to you.

(5) In the event that a terminated group or a member of the group was entitled to a refund it will be forfeited.

(6) Members of a terminated group that owe additional premium will be held responsible for their pro-rata share of the premium assessment.

(7) Department determinations applicable to the retrospective rating program are subject to review under RCW 51.52.060.

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NEW SECTION
WAC 296-17-90490
Limitation of liability indemnification.

With the exception of the provisions found in WAC 296-17-90466 and the required authorization for release of insurance data and group membership enrollment application for each employer account to be enrolled, the department disclaims interest in contracts executed between employer groups and participating group members.  The department neither approves nor disapproves of any language contained therein and shall be held harmless for misrepresentation of fact(s) or errors of omission or commission stated in the terms of said contract.  The department is released and exempt from liability for any dispute or cause of action between an employer group and participating group members or amongst participating group members arising under the contract.

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NEW SECTION
WAC 296-17-90491
How is retrospective premium calculated?

(1) Retrospective premium for a group or individually enrolled employer is calculated using the formula:


Retrospective Premium = (Basic Premium Ratio x Standard Premium) + (Loss Conversion Factor x Developed Losses).


Applicable basic premium ratios and loss conversion factors are found in WAC 296-17-90493 through 296-17-90497, depending on the preselected plan, maximum premium ratio and standard premium.

(2) The maximum retrospective premium is the product of the maximum premium ratio times the standard premium. If the retrospective premium formula produces a value greater than the maximum retrospective premium, the retrospective premium shall be reduced to the maximum retrospective premium.

(3) For plans A1, A2, and A3, the minimum retrospective premium is the product of the minimum premium ratio times the standard premium. If the retrospective premium formula produces a value less than the minimum retrospective premium, the retrospective premium shall be increased to the minimum retrospective premium.

(4) Under plan A, an employer enrolled in an individual plan or an organization sponsoring a group may elect to forego the protection of a maximum premium ratio if its financial condition is sufficiently strong and stable so that it could qualify as a self-insurer under the department's certification guidelines. The basic premium ratio will be .058 if the employer/group selects and qualifies for an unlimited maximum retrospective premium.

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NEW SECTION
WAC 296-17-90492
Table I.


RETROSPECTIVE RATING PLANS A, A1, A2, A3, AND B

STANDARD PREMIUM SIZE RANGES

Effective January 1, 2000


Size

Group

Number

Standard

Premium

Range

63 $ 3,182 - $ 3,844
62 3,845 - 4,616
61 4,617 - 5,493
60 5,494 - 6,500
59 6,501 - 7,650
58 7,651 - 8,946
57 8,947 - 10,418
56 10,419 - 12,088
55 12,089 - 13,949
54 13,950 - 16,048
53 16,049 - 18,409
52 18,410 - 20,423
51 20,424 - 22,162
50 22,163 - 23,851
49 23,852 - 25,697
48 25,698 - 27,737
47 27,738 - 29,992
46 29,993 - 32,469
45 32,470 - 35,226
44 35,227 - 38,295
43 38,296 - 41,689
42 41,690 - 45,490
41 45,491 - 49,759
40 49,760 - 54,514
39 54,515 - 59,885
38 59,886 - 65,973
37 65,974 - 72,812
36 72,813 - 80,093
35 80,094 - 88,103
34 88,104 - 96,913
33 96,914 - 106,605
32 106,606 - 117,265
31 117,266 - 128,402
30 128,403 - 140,685
29 140,686 - 154,684
28 154,685 - 170,517
27 170,518 - 188,740
26 188,741 - 209,820
25 209,821 - 234,009
24 234,010 - 262,330
23 262,331 - 295,711
22 295,712 - 334,726
21 334,727 - 381,426
20 381,427 - 437,817
19 437,818 - 505,332
18 505,333 - 588,552
17 588,553 - 692,359
16 692,360 - 820,806
15 820,807 - 1,048,546
14 1,048,547 - 1,339,476
13 1,339,477 - 1,711,128
12 1,711,129 - 2,185,897
11 2,185,898 - 2,792,375
10 2,792,376 - 4,013,945
9 4,013,946 - 5,890,979
8 5,890,980 - 8,375,803
7 8,375,804 - 12,341,084
6 12,341,085 - 19,194,022
5 19,194,023 - 30,299,109
4 30,299,110 & Over

[]


NEW SECTION
WAC 296-17-90493
Table II.


RETROSPECTIVE RATING PLAN A

BASIC PREMIUM RATIOS

LOSS CONVERSION FACTOR=.729

Effective January 1, 2000


Maximum Premium Ratio:

1.05

1.10

1.15

1.20

1.25

1.30

1.35

1.40

1.45

1.50

1.60

1.70

1.80

2.00

Size

Group

63 .907 .856 .820 .791 .766 .745 .725 .708 .692 .677 .649 .625 .602 .563
62 .902 .850 .813 .783 .757 .735 .715 .698 .681 .666 .638 .612 .590 .550
61 .897 .844 .805 .774 .748 .726 .705 .687 .670 .654 .625 .600 .577 .536
60 .892 .838 .798 .766 .739 .716 .695 .676 .658 .642 .613 .587 .563 .522
59 .888 .831 .790 .758 .730 .706 .684 .665 .647 .630 .600 .574 .550 .508
58 .883 .825 .783 .749 .720 .696 .674 .654 .635 .618 .588 .561 .537 .495
57 .878 .818 .775 .740 .711 .686 .663 .643 .624 .607 .576 .548 .524 .482
56 .872 .810 .766 .731 .701 .675 .652 .631 .612 .594 .563 .535 .511 .468
55 .865 .802 .757 .721 .690 .664 .640 .619 .599 .582 .550 .522 .497 .455
54 .858 .794 .747 .710 .679 .652 .628 .607 .587 .569 .537 .509 .484 .442
53 .851 .785 .738 .700 .668 .641 .616 .595 .575 .556 .524 .496 .471 .429
52 .843 .776 .728 .690 .657 .629 .605 .582 .562 .544 .511 .483 .458 .417
51 .836 .767 .718 .679 .646 .618 .592 .570 .550 .531 .498 .470 .446 .405
50 .828 .758 .708 .668 .634 .605 .580 .557 .537 .518 .485 .457 .432 .392
49 .821 .748 .697 .656 .622 .593 .567 .544 .524 .505 .472 .444 .419 .379
48 .813 .739 .686 .645 .610 .581 .555 .531 .511 .492 .459 .431 .406 .367
47 .804 .729 .675 .633 .598 .568 .542 .519 .498 .479 .446 .418 .394 .355
46 .796 .718 .663 .620 .584 .554 .528 .505 .484 .465 .433 .406 .382 .344
45 .787 .707 .650 .607 .571 .541 .514 .491 .471 .452 .420 .394 .371 .334
44 .778 .695 .638 .594 .557 .527 .501 .478 .458 .440 .408 .382 .360 .324
43 .768 .683 .625 .580 .544 .514 .488 .465 .445 .427 .396 .371 .349 .314
42 .758 .671 .612 .567 .530 .500 .474 .451 .431 .413 .383 .357 .336 .301
41 .748 .659 .599 .554 .517 .486 .460 .437 .417 .399 .368 .343 .322 .288
40 .737 .647 .586 .540 .503 .472 .446 .423 .403 .385 .355 .330 .309 .276
39 .726 .635 .573 .526 .489 .458 .432 .409 .389 .372 .342 .317 .296 .264
38 .714 .622 .560 .513 .476 .445 .418 .396 .376 .359 .329 .305 .284 .252
37 .702 .608 .546 .499 .462 .431 .405 .383 .363 .346 .317 .293 .273 .242
36 .688 .594 .532 .485 .448 .417 .392 .369 .350 .333 .304 .281 .262 .231
35 .673 .578 .516 .469 .433 .402 .377 .355 .336 .320 .292 .269 .250 .221
34 .657 .562 .500 .454 .418 .388 .363 .342 .323 .307 .280 .258 .240 .211
33 .640 .546 .484 .439 .403 .374 .349 .329 .310 .295 .268 .247 .229 .202
32 .623 .529 .468 .424 .389 .360 .336 .316 .298 .283 .257 .237 .220 .193
31 .607 .512 .452 .408 .373 .345 .322 .302 .285 .270 .246 .226 .210 .185
30 .589 .495 .435 .392 .358 .331 .308 .289 .273 .259 .235 .216 .201 .178
29 .571 .478 .419 .377 .344 .317 .295 .277 .261 .247 .225 .207 .193 .171
28 .553 .461 .403 .361 .329 .303 .282 .264 .248 .235 .213 .195 .181 .160
27 .537 .446 .388 .346 .314 .288 .267 .248 .233 .219 .197 .179 .165 .143
26 .521 .430 .373 .331 .299 .273 .252 .234 .218 .205 .183 .165 .151 .129
25 .504 .414 .358 .317 .285 .259 .238 .220 .205 .192 .170 .152 .138 .117
24 .482 .394 .339 .300 .269 .245 .225 .208 .194 .181 .161 .145 .132 .113
23 .460 .374 .321 .283 .254 .231 .213 .197 .184 .172 .153 .138 .127 .109
22 .437 .355 .304 .268 .241 .219 .201 .187 .174 .163 .146 .132 .121 .105
21 .414 .336 .288 .254 .228 .208 .191 .177 .166 .156 .139 .127 .117 .102
20 .394 .318 .272 .239 .214 .194 .179 .166 .155 .145 .130 .119 .110 .096
19 .377 .301 .254 .222 .198 .179 .164 .152 .142 .133 .120 .109 .101 .089
18 .358 .283 .238 .207 .184 .166 .152 .140 .131 .123 .110 .101 .094 .083
17 .339 .266 .222 .192 .171 .154 .140 .130 .121 .114 .103 .094 .088 .079
16 .320 .249 .208 .179 .159 .143 .131 .121 .113 .106 .096 .088 .083 .075
15 .303 .234 .194 .168 .148 .134 .122 .113 .106 .100 .091 .084 .079 .072
14 .293 .220 .180 .157 .141 .128 .117 .109 .103 .097 .089 .082 .078 .071
13 .281 .204 .167 .148 .133 .122 .112 .105 .099 .094 .086 .081 .076 .070
12 .269 .187 .156 .139 .126 .116 .108 .101 .096 .091 .084 .079 .075 .069
11 .254 .167 .145 .130 .119 .110 .103 .097 .092 .088 .082 .077 .073 .068
10 .238 .150 .135 .122 .113 .105 .098 .093 .089 .085 .079 .075 .072 .067
9 .219 .138 .125 .115 .106 .100 .094 .089 .085 .082 .077 .073 .071 .066
8 .197 .127 .116 .107 .100 .094 .090 .086 .082 .079 .075 .072 .069 .065
7 .170 .117 .108 .100 .094 .089 .085 .082 .079 .077 .073 .070 .068 .064
6 .137 .107 .100 .094 .089 .085 .081 .078 .076 .074 .071 .068 .066 .064
5 .105 .098 .092 .087 .083 .080 .077 .075 .073 .071 .068 .066 .065 .063
4 .096 .089 .084 .081 .078 .076 .074 .072 .070 .068 .066 .065 .064 .063

[]


NEW SECTION
WAC 296-17-90494
Table III.


RETROSPECTIVE RATING PLAN A1

MINIMUM PREMIUM RATIOS

BASIC PREMIUM RATIO=.058

LOSS CONVERSION FACTOR=.729

Effective January 1, 2000


Maximum

Premium

Ratio:

1.05
1.10
1.15
1.20
1.25
1.30
1.35
1.40
1.45
1.50
1.60
1.70
1.80
2.00
Size

Group

63 .987 .975 .963 .951 .940 .928 .918 .907 .897 .887 .868 .850 .833 .801
62 .987 .974 .961 .949 .938 .926 .915 .904 .894 .884 .864 .845 .828 .795
61 .986 .973 .960 .948 .936 .924 .912 .901 .890 .880 .860 .841 .823 .789
60 .986 .972 .959 .946 .933 .921 .909 .898 .887 .876 .855 .836 .817 .783
59 .985 .971 .958 .944 .931 .919 .907 .895 .883 .872 .851 .831 .812 .777
58 .985 .970 .956 .943 .929 .917 .904 .892 .880 .869 .847 .826 .807 .771
57 .985 .970 .955 .941 .927 .914 .901 .889 .877 .865 .843 .822 .802 .765
56 .984 .969 .954 .939 .925 .912 .899 .886 .874 .862 .839 .818 .797 .760
55 .984 .968 .953 .938 .924 .910 .896 .884 .871 .859 .836 .814 .793 .756
54 .983 .967 .951 .936 .922 .908 .894 .881 .868 .856 .832 .810 .790 .752
53 .983 .966 .950 .935 .920 .906 .892 .878 .866 .853 .829 .807 .786 .748
52 .982 .965 .949 .933 .918 .904 .890 .876 .863 .850 .826 .804 .783 .744
51 .982 .965 .948 .932 .917 .902 .887 .874 .860 .847 .823 .800 .779 .740
50 .982 .964 .947 .930 .915 .899 .885 .871 .857 .844 .819 .796 .775 .735
49 .981 .963 .946 .929 .913 .897 .882 .868 .854 .841 .816 .792 .770 .731
48 .981 .962 .945 .927 .911 .895 .880 .866 .852 .838 .812 .789 .767 .727
47 .980 .962 .944 .926 .910 .894 .878 .864 .849 .836 .810 .786 .764 .723
46 .980 .961 .943 .925 .909 .893 .877 .863 .848 .835 .809 .785 .763 .723
45 .980 .961 .942 .925 .908 .892 .877 .862 .848 .834 .808 .784 .762 .722
44 .980 .960 .942 .924 .907 .891 .876 .861 .847 .833 .808 .784 .762 .722
43 .980 .960 .941 .924 .907 .891 .875 .861 .846 .833 .807 .784 .762 .722
42 .979 .959 .940 .922 .905 .888 .872 .857 .843 .829 .803 .779 .757 .717
41 .978 .958 .938 .920 .902 .885 .869 .853 .839 .825 .798 .774 .751 .710
40 .978 .957 .937 .918 .899 .882 .866 .850 .835 .820 .793 .768 .745 .704
39 .977 .956 .935 .916 .897 .879 .863 .846 .831 .816 .789 .764 .741 .699
38 .977 .955 .934 .914 .895 .877 .860 .843 .828 .813 .785 .760 .736 .694
37 .976 .954 .933 .912 .893 .875 .857 .841 .825 .810 .782 .756 .732 .690
36 .976 .953 .932 .911 .891 .873 .855 .838 .822 .807 .779 .753 .729 .686
35 .976 .953 .931 .910 .890 .871 .854 .837 .821 .805 .777 .751 .727 .684
34 .975 .952 .930 .909 .889 .870 .852 .835 .819 .804 .775 .749 .725 .683
33 .975 .951 .929 .908 .888 .869 .851 .834 .818 .802 .774 .748 .724 .682
32 .975 .951 .929 .907 .887 .868 .850 .833 .817 .802 .773 .747 .724 .682
31 .975 .951 .928 .907 .886 .867 .849 .832 .816 .801 .773 .747 .724 .682
30 .974 .950 .927 .906 .886 .867 .849 .832 .816 .801 .773 .747 .724 .682
29 .974 .950 .927 .906 .886 .867 .849 .832 .816 .801 .773 .747 .724 .682
28 .974 .949 .926 .904 .883 .864 .846 .828 .812 .797 .769 .744 .721 .682
27 .973 .947 .922 .899 .877 .857 .837 .819 .802 .785 .754 .727 .701 .657
26 .972 .945 .919 .895 .872 .851 .830 .811 .792 .775 .742 .712 .685 .636
25 .971 .943 .917 .892 .868 .846 .824 .804 .785 .766 .732 .701 .672 .620
24 .971 .943 .917 .892 .868 .846 .824 .804 .785 .766 .732 .701 .672 .620
23 .971 .943 .917 .892 .868 .846 .824 .804 .785 .766 .732 .701 .672 .620
22 .971 .943 .917 .892 .868 .846 .824 .804 .785 .766 .732 .701 .672 .620
21 .971 .943 .917 .892 .868 .846 .824 .804 .785 .766 .732 .701 .672 .620
20 .971 .943 .917 .892 .868 .846 .824 .804 .785 .766 .732 .701 .672 .620
19 .970 .941 .915 .891 .868 .846 .824 .804 .785 .766 .732 .701 .672 .620
18 .969 .940 .912 .887 .864 .843 .823 .804 .785 .766 .732 .701 .672 .620
17 .968 .938 .911 .885 .862 .840 .820 .801 .784 .766 .732 .701 .672 .620
16 .968 .937 .910 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
15 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
14 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
13 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
12 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
11 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
10 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
9 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
8 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
7 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
6 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
5 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620
4 .967 .937 .909 .884 .860 .838 .818 .800 .783 .766 .732 .701 .672 .620

[]


NEW SECTION
WAC 296-17-90495
Table IV.


RETROSPECTIVE RATING PLAN A2

MINIMUM PREMIUM RATIOS

AND BASIC PREMIUM RATIOS

LOSS CONVERSION FACTOR=.729

Effective January 1, 2000


Maximum Premium Ratio: 1.05 1.10 1.15 1.20 1.25 1.30 1.35 1.40 1.45 1.50 1.60 1.70 1.80 2.00
Size

Group

63 Basic Premium Ratio .483 .457 .439 .425 .412 .402 .392 .383 .375 .368 .354 .342 .330 .311
Minimum Premium Ratio .979 .960 .943 .927 .912 .898 .884 .871 .859 .846 .823 .802 .782 .745

62 Basic Premium Ratio .480 .454 .436 .421 .408 .397 .387 .378 .370 .362 .348 .335 .324 .304
Minimum Premium Ratio .978 .959 .941 .925 .909 .894 .880 .867 .854 .841 .818 .796 .775 .738

61 Basic Premium Ratio .478 .451 .432 .416 .403 .392 .382 .373 .364 .356 .342 .329 .318 .297
Minimum Premium Ratio .977 .957 .939 .922 .906 .891 .876 .862 .849 .836 .811 .789 .768 .730

60 Basic Premium Ratio .475 .448 .428 .412 .399 .387 .377 .367 .358 .350 .336 .323 .311 .290
Minimum Premium Ratio .976 .955 .936 .919 .902 .886 .871 .857 .843 .830 .805 .781 .760 .721

59 Basic Premium Ratio .473 .445 .424 .408 .394 .382 .371 .362 .353 .344 .329 .316 .304 .283
Minimum Premium Ratio .975 .954 .934 .916 .898 .882 .867 .852 .837 .824 .798 .774 .752 .713

58 Basic Premium Ratio .471 .442 .421 .404 .389 .377 .366 .356 .347 .338 .323 .310 .298 .277
Minimum Premium Ratio .974 .952 .931 .912 .895 .878 .862 .847 .832 .818 .792 .767 .745 .704

57 Basic Premium Ratio .468 .438 .417 .399 .385 .372 .361 .351 .341 .333 .317 .303 .291 .270
Minimum Premium Ratio .973 .950 .929 .909 .891 .874 .857 .842 .827 .813 .786 .761 .738 .697

56 Basic Premium Ratio .465 .434 .412 .395 .380 .367 .355 .345 .335 .326 .311 .297 .285 .263
Minimum Premium Ratio .972 .948 .926 .906 .887 .870 .853 .837 .822 .807 .780 .755 .731 .690

55 Basic Premium Ratio .462 .430 .408 .390 .374 .361 .349 .339 .329 .320 .304 .290 .278 .257
Minimum Premium Ratio .971 .946 .924 .903 .884 .866 .849 .832 .817 .802 .774 .749 .725 .683

54 Basic Premium Ratio .458 .426 .403 .384 .369 .355 .343 .333 .323 .314 .298 .284 .271 .250
Minimum Premium Ratio .970 .945 .922 .900 .880 .862 .844 .827 .812 .797 .768 .743 .719 .677

53 Basic Premium Ratio .455 .422 .398 .379 .363 .350 .337 .327 .317 .307 .291 .277 .265 .244
Minimum Premium Ratio .969 .943 .919 .897 .877 .858 .840 .823 .807 .792 .763 .737 .713 .671

52 Basic Premium Ratio .451 .417 .393 .374 .358 .344 .332 .320 .310 .301 .285 .271 .258 .238
Minimum Premium Ratio .968 .941 .917 .895 .874 .854 .836 .819 .803 .787 .758 .732 .709 .666

51 Basic Premium Ratio .447 .413 .388 .369 .352 .338 .325 .314 .304 .295 .278 .264 .252 .232
Minimum Premium Ratio .967 .939 .914 .891 .870 .851 .832 .815 .798 .782 .753 .727 .703 .660

50 Basic Premium Ratio .443 .408 .383 .363 .346 .332 .319 .308 .298 .288 .272 .258 .245 .225
Minimum Premium Ratio .966 .937 .912 .888 .867 .846 .828 .810 .793 .777 .747 .721 .697 .654

49 Basic Premium Ratio .440 .403 .378 .357 .340 .326 .313 .301 .291 .282 .265 .251 .239 .219
Minimum Premium Ratio .965 .935 .909 .885 .863 .842 .823 .805 .788 .772 .742 .715 .690 .647

48 Basic Premium Ratio .436 .399 .372 .352 .334 .320 .307 .295 .285 .275 .259 .245 .232 .213
Minimum Premium Ratio .964 .933 .907 .882 .860 .839 .819 .801 .783 .767 .737 .710 .685 .641

47 Basic Premium Ratio .431 .394 .367 .346 .328 .313 .300 .289 .278 .269 .252 .238 .226 .207
Minimum Premium Ratio .962 .931 .904 .879 .856 .835 .816 .797 .780 .763 .733 .706 .681 .637

46 Basic Premium Ratio .427 .388 .361 .339 .321 .306 .293 .282 .271 .262 .246 .232 .220 .201
Minimum Premium Ratio .961 .929 .901 .876 .853 .832 .812 .793 .776 .760 .729 .702 .678 .635

45 Basic Premium Ratio .423 .383 .354 .333 .315 .300 .286 .275 .265 .255 .239 .226 .215 .196
Minimum Premium Ratio .960 .927 .899 .873 .850 .829 .809 .790 .773 .757 .727 .700 .675 .633

44 Basic Premium Ratio .418 .377 .348 .326 .308 .293 .280 .268 .258 .249 .233 .220 .209 .191
Minimum Premium Ratio .958 .925 .897 .871 .848 .826 .806 .788 .771 .754 .725 .698 .674 .631

43 Basic Premium Ratio .413 .371 .342 .319 .301 .286 .273 .262 .252 .243 .227 .215 .204 .186
Minimum Premium Ratio .957 .924 .895 .869 .846 .824 .804 .786 .768 .752 .723 .696 .672 .630

42 Basic Premium Ratio .408 .365 .335 .313 .294 .279 .266 .255 .245 .236 .221 .208 .197 .180
Minimum Premium Ratio .956 .921 .892 .865 .842 .820 .799 .781 .763 .747 .716 .690 .666 .623

41 Basic Premium Ratio .403 .359 .329 .306 .288 .272 .259 .248 .238 .229 .213 .201 .190 .173
Minimum Premium Ratio .954 .919 .889 .862 .837 .815 .794 .775 .757 .740 .710 .683 .659 .616

40 Basic Premium Ratio .398 .353 .322 .299 .281 .265 .252 .241 .231 .222 .207 .194 .184 .167
Minimum Premium Ratio .953 .917 .886 .858 .833 .810 .789 .770 .752 .735 .704 .677 .651 .609

39 Basic Premium Ratio .392 .347 .316 .292 .274 .258 .245 .234 .224 .215 .200 .188 .177 .161
Minimum Premium Ratio .951 .914 .883 .855 .829 .806 .785 .765 .747 .730 .699 .671 .646 .603

38 Basic Premium Ratio .386 .340 .309 .286 .267 .252 .238 .227 .217 .209 .194 .182 .171 .155
Minimum Premium Ratio .950 .913 .880 .852 .826 .802 .781 .761 .743 .725 .694 .666 .641 .598

37 Basic Premium Ratio .380 .333 .302 .279 .260 .245 .232 .221 .211 .202 .188 .176 .166 .150
Minimum Premium Ratio .949 .911 .878 .849 .823 .800 .778 .757 .739 .722 .690 .661 .636 .593

36 Basic Premium Ratio .373 .326 .295 .272 .253 .238 .225 .214 .204 .196 .181 .170 .160 .145
Minimum Premium Ratio .948 .909 .876 .847 .821 .797 .775 .755 .736 .718 .687 .658 .634 .590

35 Basic Premium Ratio .366 .318 .287 .264 .246 .230 .218 .207 .197 .189 .175 .164 .154 .140
Minimum Premium Ratio .947 .908 .874 .845 .818 .795 .773 .752 .734 .716 .685 .656 .632 .588

34 Basic Premium Ratio .358 .310 .279 .256 .238 .223 .211 .200 .191 .183 .169 .158 .149 .135
Minimum Premium Ratio .946 .906 .873 .844 .817 .793 .771 .751 .732 .714 .683 .655 .630 .587

33 Basic Premium Ratio .349 .302 .271 .249 .231 .216 .204 .194 .184 .177 .163 .153 .144 .130
Minimum Premium Ratio .945 .906 .872 .842 .816 .792 .770 .750 .732 .714 .683 .655 .630 .588

32 Basic Premium Ratio .341 .294 .263 .241 .224 .209 .197 .187 .178 .171 .158 .148 .139 .126
Minimum Premium Ratio .945 .905 .872 .842 .816 .792 .770 .750 .732 .714 .683 .655 .631 .589

31 Basic Premium Ratio .333 .285 .255 .233 .216 .202 .190 .180 .172 .164 .152 .142 .134 .122
Minimum Premium Ratio .944 .904 .870 .841 .814 .790 .769 .749 .730 .714 .683 .656 .633 .591

30 Basic Premium Ratio .324 .277 .247 .225 .208 .195 .183 .174 .166 .159 .147 .137 .130 .118
Minimum Premium Ratio .943 .902 .869 .840 .814 .790 .769 .748 .730 .713 .683 .658 .634 .595

29 Basic Premium Ratio .315 .268 .239 .218 .201 .188 .177 .168 .160 .153 .142 .133 .126 .115
Minimum Premium Ratio .942 .902 .868 .839 .813 .790 .769 .749 .731 .715 .685 .659 .637 .599

28 Basic Premium Ratio .306 .260 .231 .210 .194 .181 .170 .161 .153 .147 .136 .127 .120 .109
Minimum Premium Ratio .942 .901 .867 .838 .811 .788 .766 .747 .729 .711 .681 .655 .632 .593

27 Basic Premium Ratio .298 .252 .223 .202 .186 .173 .163 .153 .146 .139 .128 .119 .112 .101
Minimum Premium Ratio .940 .898 .864 .833 .806 .781 .758 .738 .718 .700 .668 .640 .614 .571

26 Basic Premium Ratio .290 .244 .216 .195 .179 .166 .155 .146 .138 .132 .121 .112 .105 .094
Minimum Premium Ratio .939 .896 .860 .829 .801 .775 .752 .731 .711 .691 .657 .627 .599 .553

25 Basic Premium Ratio .281 .236 .208 .188 .172 .159 .148 .139 .132 .125 .114 .105 .098 .088
Minimum Premium Ratio .938 .895 .858 .826 .797 .771 .747 .725 .704 .685 .650 .619 .592 .542

24 Basic Premium Ratio .270 .226 .199 .179 .164 .152 .142 .133 .126 .120 .110 .102 .095 .086
Minimum Premium Ratio .938 .894 .858 .827 .798 .773 .749 .729 .708 .689 .655 .625 .600 .551

23 Basic Premium Ratio .259 .216 .190 .171 .156 .145 .136 .128 .121 .115 .106 .098 .093 .084
Minimum Premium Ratio .938 .895 .860 .829 .802 .777 .753 .733 .714 .697 .663 .636 .608 .564

22 Basic Premium Ratio .248 .207 .181 .163 .150 .139 .130 .123 .116 .111 .102 .095 .090 .082
Minimum Premium Ratio .938 .896 .862 .832 .805 .781 .760 .739 .722 .704 .674 .648 .622 .580

21 Basic Premium Ratio .236 .197 .173 .156 .143 .133 .125 .118 .112 .107 .099 .093 .088 .080
Minimum Premium Ratio .940 .899 .865 .836 .811 .787 .766 .747 .730 .714 .685 .659 .636 .599

20 Basic Premium Ratio .226 .188 .165 .149 .136 .126 .119 .112 .107 .102 .094 .089 .084 .077
Minimum Premium Ratio .939 .898 .865 .835 .810 .788 .766 .748 .730 .715 .689 .662 .642 .607

19 Basic Premium Ratio .218 .180 .156 .140 .128 .119 .111 .105 .100 .096 .089 .084 .080 .074
Minimum Premium Ratio .937 .894 .860 .830 .804 .781 .761 .742 .724 .708 .680 .655 .633 .597

18 Basic Premium Ratio .208 .171 .148 .133 .121 .112 .105 .099 .095 .091 .084 .080 .076 .071
Minimum Premium Ratio .935 .892 .857 .826 .800 .777 .756 .737 .718 .703 .677 .651 .631 .594

17 Basic Premium Ratio .199 .162 .140 .125 .115 .106 .099 .094 .090 .086 .081 .076 .073 .069
Minimum Premium Ratio .934 .891 .856 .826 .798 .775 .755 .736 .717 .703 .673 .653 .631 .592

16 Basic Premium Ratio .189 .154 .133 .119 .109 .101 .095 .090 .086 .082 .077 .073 .071 .067
Minimum Premium Ratio .934 .890 .855 .825 .798 .775 .754 .736 .719 .706 .679 .658 .633 .598

15 Basic Premium Ratio .181 .146 .126 .113 .103 .096 .090 .086 .082 .079 .075 .071 .069 .065
Minimum Premium Ratio .933 .889 .855 .826 .801 .778 .759 .739 .724 .710 .682 .663 .641 .613

14 Basic Premium Ratio .176 .139 .119 .108 .100 .093 .088 .084 .081 .078 .074 .070 .068 .065
Minimum Premium Ratio .924 .878 .850 .821 .796 .775 .755 .737 .720 .706 .679 .663 .642 .608

13 Basic Premium Ratio .170 .131 .113 .103 .096 .090 .085 .082 .079 .076 .072 .070 .067 .064
Minimum Premium Ratio .915 .868 .844 .818 .793 .772 .754 .735 .719 .706 .682 .656 .643 .612

12 Basic Premium Ratio .164 .123 .107 .099 .092 .087 .083 .080 .077 .075 .071 .069 .067 .064
Minimum Premium Ratio .904 .860 .839 .812 .791 .770 .751 .732 .718 .702 .680 .655 .637 .606

11 Basic Premium Ratio .156 .113 .102 .094 .089 .084 .081 .078 .075 .073 .070 .068 .066 .063
Minimum Premium Ratio .892 .859 .834 .811 .786 .768 .747 .730 .718 .704 .678 .655 .638 .612

10 Basic Premium Ratio .148 .104 .097 .090 .086 .082 .078 .076 .074 .072 .069 .067 .065 .063
Minimum Premium Ratio .876 .858 .829 .807 .782 .762 .748 .728 .712 .699 .676 .654 .640 .605

9 Basic Premium Ratio .139 .098 .092 .087 .082 .079 .076 .074 .072 .070 .068 .066 .065 .062
Minimum Premium Ratio .856 .853 .825 .800 .782 .761 .744 .727 .712 .702 .674 .654 .631 .612

8 Basic Premium Ratio .106 .093 .087 .083 .079 .076 .074 .072 .070 .069 .067 .065 .064 .062
Minimum Premium Ratio .855 .846 .823 .798 .779 .761 .741 .725 .713 .697 .671 .654 .633 .604

7 Basic Premium Ratio .097 .088 .083 .079 .076 .074 .072 .070 .069 .068 .066 .064 .063 .061
Minimum Premium Ratio .855 .840 .818 .797 .777 .756 .738 .725 .707 .691 .668 .655 .636 .613

6 Basic Premium Ratio .089 .083 .079 .076 .074 .072 .070 .068 .067 .066 .065 .063 .062 .061
Minimum Premium Ratio .855 .836 .814 .792 .768 .749 .735 .725 .709 .696 .664 .656 .640 .602

5 Basic Premium Ratio .082 .078 .075 .073 .071 .069 .068 .067 .066 .065 .063 .062 .062 .061
Minimum Premium Ratio .855 .833 .811 .787 .767 .752 .732 .714 .700 .689 .677 .658 .624 .586

4 Basic Premium Ratio .077 .074 .071 .070 .068 .067 .066 .065 .064 .063 .062 .062 .061 .061
Minimum Premium Ratio .855 .830 .811 .782 .767 .752 .729 .714 .700 .689 .677 .658 .624 .586

[]


NEW SECTION
WAC 296-17-90496
Table V.


RETROSPECTIVE RATING PLAN A3

MINIMUM PREMIUM RATIOS

AND BASIC PREMIUM RATIOS

LOSS CONVERSION FACTOR=.729

Effective January 1, 2000


Maximum Premium Ratio: 1.05 1.10 1.15 1.20 1.25 1.30 1.35 1.40 1.45 1.50 1.60 1.70 1.80 2.00
Size

Group

63 Basic Premium Ratio .818 .762 .722 .692 .666 .642 .622 .603 .586 .571 .543 .517 .495 .458
Minimum Premium Ratio .947 .916 .892 .871 .853 .837 .822 .808 .795 .782 .759 .738 .718 .682
62 Basic Premium Ratio .814 .760 .719 .687 .659 .636 .616 .596 .578 .562 .534 .509 .486 .448
Minimum Premium Ratio .945 .912 .887 .866 .848 .831 .815 .801 .788 .775 .751 .729 .709 .673
61 Basic Premium Ratio .813 .754 .713 .680 .652 .628 .606 .587 .570 .553 .524 .497 .475 .437
Minimum Premium Ratio .942 .909 .883 .861 .842 .825 .809 .794 .780 .767 .743 .721 .700 .663
60 Basic Premium Ratio .811 .749 .705 .672 .644 .618 .597 .577 .558 .543 .513 .486 .464 .425
Minimum Premium Ratio .939 .905 .879 .856 .836 .819 .802 .787 .773 .759 .734 .712 .690 .653
59 Basic Premium Ratio .805 .744 .699 .664 .634 .608 .586 .567 .549 .532 .501 .475 .452 .413
Minimum Premium Ratio .937 .901 .874 .851 .831 .813 .796 .780 .765 .751 .726 .703 .681 .643
58 Basic Premium Ratio .802 .737 .691 .655 .626 .599 .577 .557 .538 .521 .490 .464 .441 .403
Minimum Premium Ratio .934 .898 .870 .846 .825 .807 .789 .773 .758 .744 .718 .694 .672 .633
57 Basic Premium Ratio .796 .731 .685 .647 .618 .591 .568 .547 .528 .511 .480 .454 .431 .392
Minimum Premium Ratio .932 .894 .865 .841 .819 .800 .782 .766 .751 .736 .710 .685 .663 .624
56 Basic Premium Ratio .794 .725 .678 .640 .609 .581 .558 .537 .518 .501 .470 .443 .421 .382
Minimum Premium Ratio .928 .890 .860 .835 .813 .794 .776 .759 .743 .728 .701 .677 .654 .614
55 Basic Premium Ratio .790 .721 .671 .632 .601 .573 .550 .527 .509 .490 .460 .433 .411 .371
Minimum Premium Ratio .925 .885 .855 .830 .807 .787 .768 .752 .735 .721 .693 .668 .645 .606
54 Basic Premium Ratio .787 .714 .666 .626 .592 .565 .541 .518 .499 .481 .450 .423 .400 .363
Minimum Premium Ratio .921 .881 .849 .823 .801 .780 .761 .744 .728 .713 .685 .660 .637 .597
53 Basic Premium Ratio .784 .709 .659 .617 .585 .555 .532 .509 .489 .472 .440 .414 .391 .353
Minimum Premium Ratio .917 .876 .844 .818 .794 .774 .754 .737 .721 .705 .677 .652 .629 .589
52 Basic Premium Ratio .780 .704 .651 .610 .577 .548 .522 .501 .481 .463 .431 .405 .382 .345
Minimum Premium Ratio .913 .871 .839 .812 .788 .767 .748 .729 .713 .697 .669 .644 .621 .581
51 Basic Premium Ratio .775 .698 .644 .602 .567 .539 .514 .491 .471 .454 .422 .396 .372 .336
Minimum Premium Ratio .909 .866 .833 .806 .782 .760 .740 .722 .705 .689 .661 .635 .613 .573
50 Basic Premium Ratio .769 .690 .634 .593 .557 .529 .502 .480 .460 .442 .411 .384 .362 .325
Minimum Premium Ratio .905 .861 .828 .799 .775 .752 .733 .714 .697 .681 .652 .627 .604 .564
49 Basic Premium Ratio .763 .682 .626 .583 .548 .519 .493 .470 .450 .432 .400 .374 .352 .316
Minimum Premium Ratio .901 .856 .822 .793 .768 .745 .725 .706 .689 .673 .644 .618 .595 .555
48 Basic Premium Ratio .756 .674 .617 .574 .538 .509 .482 .460 .439 .422 .390 .365 .342 .307
Minimum Premium Ratio .897 .851 .816 .786 .761 .738 .718 .699 .682 .665 .636 .610 .587 .547
47 Basic Premium Ratio .750 .665 .607 .564 .528 .498 .472 .449 .429 .411 .381 .355 .333 .298
Minimum Premium Ratio .892 .846 .810 .780 .754 .731 .710 .692 .674 .658 .628 .602 .579 .539
46 Basic Premium Ratio .741 .654 .596 .552 .516 .485 .460 .437 .418 .400 .370 .345 .323 .289
Minimum Premium Ratio .888 .840 .803 .773 .747 .724 .703 .684 .666 .650 .621 .596 .573 .534
45 Basic Premium Ratio .731 .643 .585 .540 .503 .473 .448 .426 .406 .389 .360 .335 .315 .282
Minimum Premium Ratio .884 .834 .796 .766 .740 .717 .696 .677 .660 .643 .614 .589 .567 .528
44 Basic Premium Ratio .722 .633 .573 .528 .493 .463 .437 .415 .396 .379 .350 .326 .306 .274
Minimum Premium Ratio .879 .828 .790 .759 .732 .709 .689 .670 .653 .637 .608 .583 .561 .523
43 Basic Premium Ratio .712 .622 .562 .517 .481 .451 .426 .405 .386 .370 .341 .318 .298 .267
Minimum Premium Ratio .874 .822 .783 .752 .726 .703 .682 .663 .646 .630 .602 .578 .556 .518
42 Basic Premium Ratio .703 .612 .551 .506 .470 .440 .415 .394 .375 .358 .330 .307 .288 .257
Minimum Premium Ratio .869 .815 .776 .745 .718 .694 .673 .654 .637 .621 .593 .568 .547 .509
41 Basic Premium Ratio .696 .602 .541 .495 .458 .429 .403 .382 .363 .347 .319 .296 .277 .247
Minimum Premium Ratio .863 .809 .769 .737 .710 .686 .665 .645 .628 .612 .583 .559 .537 .499
40 Basic Premium Ratio .686 .592 .530 .484 .448 .418 .392 .371 .352 .336 .308 .286 .267 .237
Minimum Premium Ratio .858 .802 .762 .729 .701 .677 .656 .637 .619 .603 .574 .549 .527 .490
39 Basic Premium Ratio .677 .581 .520 .473 .437 .407 .382 .360 .342 .325 .298 .275 .257 .228
Minimum Premium Ratio .852 .796 .754 .721 .693 .669 .648 .628 .610 .594 .566 .541 .519 .482
38 Basic Premium Ratio .668 .571 .509 .463 .426 .396 .372 .350 .332 .315 .288 .266 .248 .220
Minimum Premium Ratio .846 .789 .747 .714 .686 .661 .639 .620 .602 .586 .557 .533 .510 .473
37 Basic Premium Ratio .659 .562 .499 .453 .416 .387 .362 .340 .322 .306 .279 .257 .240 .212
Minimum Premium Ratio .839 .781 .740 .706 .678 .653 .631 .612 .594 .578 .550 .525 .503 .466
36 Basic Premium Ratio .649 .551 .488 .442 .405 .376 .351 .330 .312 .297 .270 .249 .231 .204
Minimum Premium Ratio .832 .774 .732 .698 .670 .645 .624 .604 .586 .570 .542 .517 .496 .459
35 Basic Premium Ratio .635 .538 .475 .429 .393 .365 .340 .320 .302 .286 .260 .240 .223 .196
Minimum Premium Ratio .825 .766 .724 .690 .662 .637 .616 .596 .579 .563 .535 .510 .489 .453
34 Basic Premium Ratio .623 .525 .463 .418 .382 .354 .330 .309 .292 .277 .252 .231 .215 .189
Minimum Premium Ratio .816 .757 .715 .682 .654 .629 .608 .589 .571 .556 .528 .504 .483 .447
33 Basic Premium Ratio .610 .513 .451 .406 .371 .343 .320 .300 .283 .268 .244 .224 .208 .183
Minimum Premium Ratio .808 .749 .707 .674 .646 .622 .600 .582 .564 .549 .521 .498 .477 .442
32 Basic Premium Ratio .597 .501 .440 .395 .361 .334 .311 .291 .274 .260 .236 .217 .201 .177
Minimum Premium Ratio .799 .740 .699 .666 .638 .614 .593 .575 .558 .543 .515 .492 .472 .438
31 Basic Premium Ratio .582 .486 .425 .382 .348 .321 .299 .280 .264 .250 .226 .208 .193 .171
Minimum Premium Ratio .791 .732 .690 .658 .630 .606 .586 .567 .551 .536 .510 .487 .467 .434
30 Basic Premium Ratio .567 .471 .412 .369 .336 .309 .288 .269 .254 .240 .218 .201 .187 .165
Minimum Premium Ratio .782 .723 .681 .649 .622 .599 .579 .561 .545 .530 .504 .482 .463 .430
29 Basic Premium Ratio .551 .457 .398 .356 .324 .299 .277 .260 .245 .232 .210 .194 .180 .160
Minimum Premium Ratio .773 .714 .673 .642 .615 .592 .572 .555 .539 .524 .499 .477 .459 .427
28 Basic Premium Ratio .537 .444 .386 .344 .313 .287 .266 .249 .234 .221 .200 .184 .171 .151
Minimum Premium Ratio .764 .705 .665 .633 .606 .584 .564 .546 .530 .516 .491 .470 .451 .421
27 Basic Premium Ratio .524 .431 .373 .332 .300 .275 .254 .236 .221 .208 .187 .170 .157 .136
Minimum Premium Ratio .755 .697 .655 .623 .596 .573 .552 .534 .518 .502 .476 .453 .433 .400
26 Basic Premium Ratio .510 .418 .361 .320 .288 .263 .242 .224 .209 .196 .175 .158 .145 .124
Minimum Premium Ratio .747 .688 .646 .613 .586 .562 .541 .523 .505 .490 .463 .439 .418 .383
25 Basic Premium Ratio .497 .405 .348 .307 .276 .251 .230 .213 .198 .185 .164 .147 .134 .114
Minimum Premium Ratio .738 .679 .638 .605 .577 .553 .531 .512 .495 .479 .451 .427 .405 .369
24 Basic Premium Ratio .476 .386 .331 .292 .262 .238 .218 .202 .188 .176 .157 .141 .129 .111
Minimum Premium Ratio .727 .669 .628 .596 .569 .546 .525 .506 .490 .474 .447 .423 .402 .367
23 Basic Premium Ratio .454 .368 .315 .277 .249 .226 .208 .192 .179 .168 .150 .136 .124 .107
Minimum Premium Ratio .716 .659 .619 .588 .561 .539 .519 .501 .485 .469 .443 .420 .400 .365
22 Basic Premium Ratio .434 .351 .300 .264 .237 .216 .198 .184 .172 .161 .144 .131 .120 .104
Minimum Premium Ratio .704 .649 .611 .580 .555 .533 .513 .496 .480 .465 .439 .417 .397 .363
21 Basic Premium Ratio .414 .335 .286 .252 .226 .206 .190 .176 .165 .155 .139 .126 .117 .102
Minimum Premium Ratio .693 .640 .603 .573 .548 .527 .508 .491 .476 .461 .436 .414 .395 .361
20 Basic Premium Ratio .394 .318 .271 .238 .214 .194 .178 .166 .155 .145 .130 .119 .110 .096
Minimum Premium Ratio .683 .631 .595 .566 .541 .520 .502 .485 .470 .456 .431 .410 .391 .358
19 Basic Premium Ratio .377 .301 .254 .222 .198 .179 .164 .152 .142 .133 .120 .109 .101 .089
Minimum Premium Ratio .674 .621 .585 .557 .533 .513 .494 .478 .464 .450 .426 .405 .387 .355
18 Basic Premium Ratio .358 .283 .238 .207 .184 .166 .152 .140 .131 .123 .110 .101 .094 .083
Minimum Premium Ratio .664 .612 .575 .547 .524 .505 .488 .472 .458 .445 .421 .401 .383 .352
17 Basic Premium Ratio .339 .266 .222 .192 .171 .154 .140 .130 .121 .114 .103 .094 .088 .079
Minimum Premium Ratio .654 .602 .567 .539 .517 .497 .480 .466 .453 .440 .418 .398 .380 .350
16 Basic Premium Ratio .320 .249 .208 .179 .159 .143 .131 .121 .113 .106 .096 .088 .083 .075
Minimum Premium Ratio .644 .593 .559 .532 .510 .491 .475 .461 .448 .436 .414 .395 .378 .348
15 Basic Premium Ratio .303 .234 .194 .168 .148 .134 .122 .113 .106 .100 .091 .084 .079 .072
Minimum Premium Ratio .635 .586 .552 .526 .504 .486 .470 .457 .445 .433 .412 .393 .376 .346
14 Basic Premium Ratio .293 .220 .180 .157 .141 .128 .117 .109 .103 .097 .089 .082 .078 .071
Minimum Premium Ratio .630 .579 .545 .521 .501 .483 .468 .455 .443 .432 .411 .392 .375 .346
13 Basic Premium Ratio .281 .204 .167 .148 .133 .122 .112 .105 .099 .094 .086 .081 .076 .070
Minimum Premium Ratio .624 .571 .538 .516 .497 .480 .465 .453 .441 .430 .409 .391 .374 .345
12 Basic Premium Ratio .269 .187 .156 .139 .126 .116 .108 .101 .096 .091 .084 .079 .075 .069
Minimum Premium Ratio .618 .562 .533 .512 .493 .477 .463 .451 .440 .429 .408 .390 .374 .345
11 Basic Premium Ratio .254 .167 .145 .130 .119 .110 .103 .097 .092 .088 .082 .077 .073 .068
Minimum Premium Ratio .611 .552 .527 .507 .490 .474 .461 .449 .438 .427 .407 .389 .373 .344
10 Basic Premium Ratio .238 .150 .135 .122 .113 .105 .098 .093 .089 .085 .079 .075 .072 .067
Minimum Premium Ratio .603 .544 .522 .503 .487 .472 .458 .447 .436 .426 .406 .388 .372 .344
9 Basic Premium Ratio .219 .138 .125 .115 .106 .100 .094 .089 .085 .082 .077 .073 .071 .066
Minimum Premium Ratio .593 .538 .517 .500 .483 .469 .456 .445 .434 .424 .405 .387 .372 .343
8 Basic Premium Ratio .197 .127 .116 .107 .100 .094 .090 .086 .082 .079 .075 .072 .069 .065
Minimum Premium Ratio .582 .532 .513 .496 .480 .466 .454 .443 .433 .423 .404 .387 .371 .343
7 Basic Premium Ratio .170 .117 .108 .100 .094 .089 .085 .082 .079 .077 .073 .070 .068 .064
Minimum Premium Ratio .569 .527 .509 .492 .477 .464 .452 .441 .431 .422 .403 .386 .370 .342
6 Basic Premium Ratio .137 .107 .100 .094 .089 .085 .081 .078 .076 .074 .071 .068 .066 .064
Minimum Premium Ratio .552 .522 .505 .489 .475 .462 .450 .439 .430 .420 .402 .385 .369 .342
5 Basic Premium Ratio .105 .098 .092 .087 .083 .080 .077 .075 .073 .071 .068 .066 .065 .063
Minimum Premium Ratio .536 .518 .501 .486 .472 .459 .448 .438 .428 .419 .400 .384 .369 .342
4 Basic Premium Ratio .104 .089 .085 .081 .078 .075 .073 .072 .070 .068 .066 .065 .064 .062
Minimum Premium Ratio .532 .513 .497 .483 .469 .457 .446 .436 .427 .417 .399 .383 .368 .342

[]


NEW SECTION
WAC 296-17-90497
Table VI.


RETROSPECTIVE RATING PLAN B

BASIC PREMIUM RATIOS

AND LOSS CONVERSION FACTORS

Effective January 1, 2000


Maximum Premium Ratio: 1.05 1.10 1.15 1.20 1.25 1.30 1.35 1.40 1.45 1.50 1.60 1.70 1.80 2.00
Size

Group

63 Basic Premium Ratio .993 .986 .979 .972 .965 .958 .951 .944 .938 .931 .917 .903 .889 .861
Loss Conversion Factor .007 .014 .021 .028 .035 .042 .049 .056 .062 .069 .083 .097 .111 .139

62 Basic Premium Ratio .992 .985 .977 .970 .962 .954 .947 .939 .931 .924 .909 .893 .878 .848
Loss Conversion Factor .008 .015 .023 .030 .038 .046 .053 .061 .069 .076 .091 .107 .122 .152

61 Basic Premium Ratio .992 .983 .975 .967 .959 .950 .942 .934 .926 .917 .901 .884 .868 .835
Loss Conversion Factor .008 .017 .025 .033 .041 .050 .058 .066 .074 .083 .099 .116 .132 .165

60 Basic Premium Ratio .991 .982 .973 .964 .955 .946 .937 .928 .919 .910 .892 .874 .856 .819
Loss Conversion Factor .009 .018 .027 .036 .045 .054 .063 .072 .081 .090 .108 .126 .144 .181

59 Basic Premium Ratio .990 .980 .971 .961 .951 .941 .931 .921 .912 .902 .882 .862 .843 .803
Loss Conversion Factor .010 .020 .029 .039 .049 .059 .069 .079 .088 .098 .118 .138 .157 .197

58 Basic Premium Ratio .989 .979 .968 .957 .947 .936 .926 .915 .904 .894 .872 .851 .830 .787
Loss Conversion Factor .011 .021 .032 .043 .053 .064 .074 .085 .096 .106 .128 .149 .170 .213

57 Basic Premium Ratio .989 .977 .966 .954 .943 .931 .920 .908 .897 .886 .863 .840 .817 .771
Loss Conversion Factor .011 .023 .034 .046 .057 .069 .080 .092 .103 .114 .137 .160 .183 .229

56 Basic Premium Ratio .988 .976 .963 .951 .939 .927 .914 .902 .890 .878 .853 .829 .805 .756
Loss Conversion Factor .012 .024 .037 .049 .061 .073 .086 .098 .110 .122 .147 .171 .195 .244

55 Basic Premium Ratio .987 .974 .961 .948 .935 .922 .909 .896 .883 .870 .844 .818 .792 .741
Loss Conversion Factor .013 .026 .039 .052 .065 .078 .091 .104 .117 .130 .156 .182 .208 .259

54 Basic Premium Ratio .986 .972 .959 .945 .931 .917 .904 .890 .876 .862 .835 .807 .780 .724
Loss Conversion Factor .014 .028 .041 .055 .069 .083 .096 .110 .124 .138 .165 .193 .220 .276

53 Basic Premium Ratio .985 .971 .956 .941 .927 .912 .898 .883 .868 .854 .824 .795 .766 .707
Loss Conversion Factor .015 .029 .044 .059 .073 .088 .102 .117 .132 .146 .176 .205 .234 .293

52 Basic Premium Ratio .984 .969 .953 .938 .922 .907 .891 .876 .860 .845 .814 .783 .752 .690
Loss Conversion Factor .016 .031 .047 .062 .078 .093 .109 .124 .140 .155 .186 .217 .248 .310

51 Basic Premium Ratio .983 .967 .950 .934 .917 .901 .884 .868 .851 .835 .802 .769 .735 .669
Loss Conversion Factor .017 .033 .050 .066 .083 .099 .116 .132 .149 .165 .198 .231 .265 .331

50 Basic Premium Ratio .982 .965 .947 .929 .911 .894 .876 .858 .841 .823 .787 .752 .717 .646
Loss Conversion Factor .018 .035 .053 .071 .089 .106 .124 .142 .159 .177 .213 .248 .283 .354

49 Basic Premium Ratio .981 .962 .943 .924 .905 .886 .867 .848 .829 .810 .772 .734 .696 .621
Loss Conversion Factor .019 .038 .057 .076 .095 .114 .133 .152 .171 .190 .228 .266 .304 .379

48 Basic Premium Ratio .980 .959 .939 .919 .898 .878 .858 .837 .817 .797 .756 .716 .675 .594
Loss Conversion Factor .020 .041 .061 .081 .102 .122 .142 .163 .183 .203 .244 .284 .325 .406

47 Basic Premium Ratio .978 .957 .935 .913 .891 .870 .848 .826 .805 .783 .740 .696 .653 .566
Loss Conversion Factor .022 .043 .065 .087 .109 .130 .152 .174 .195 .217 .260 .304 .347 .434

46 Basic Premium Ratio .977 .954 .931 .908 .885 .862 .839 .816 .793 .770 .724 .677 .631 .539
Loss Conversion Factor .023 .046 .069 .092 .115 .138 .161 .184 .207 .230 .276 .323 .369 .461

45 Basic Premium Ratio .976 .951 .927 .902 .878 .854 .829 .805 .780 .756 .707 .658 .609 .512
Loss Conversion Factor .024 .049 .073 .098 .122 .146 .171 .195 .220 .244 .293 .342 .391 .488

44 Basic Premium Ratio .974 .948 .922 .897 .871 .845 .819 .793 .767 .742 .690 .638 .587 .483
Loss Conversion Factor .026 .052 .078 .103 .129 .155 .181 .207 .233 .258 .310 .362 .413 .517

43 Basic Premium Ratio .973 .945 .918 .891 .863 .836 .809 .781 .754 .727 .672 .617 .562 .453
Loss Conversion Factor .027 .055 .082 .109 .137 .164 .191 .219 .246 .273 .328 .383 .438 .547

42 Basic Premium Ratio .970 .941 .911 .881 .852 .822 .792 .763 .733 .703 .644 .585 .525 .406
Loss Conversion Factor .030 .059 .089 .119 .148 .178 .208 .237 .267 .297 .356 .415 .475 .594

41 Basic Premium Ratio .968 .935 .903 .870 .838 .806 .773 .741 .708 .676 .611 .546 .481 .352
Loss Conversion Factor .032 .065 .097 .130 .162 .194 .227 .259 .292 .324 .389 .454 .519 .648

40 Basic Premium Ratio .965 .929 .894 .859 .823 .788 .753 .718 .682 .647 .576 .506 .435 .294
Loss Conversion Factor .035 .071 .106 .141 .177 .212 .247 .282 .318 .353 .424 .494 .565 .706

39 Basic Premium Ratio .962 .923 .885 .847 .808 .770 .732 .693 .655 .616 .540 .463 .386 .233
Loss Conversion Factor .038 .077 .115 .153 .192 .230 .268 .307 .345 .384 .460 .537 .614 .767

38 Basic Premium Ratio .958 .917 .875 .834 .792 .751 .709 .668 .626 .585 .502 .419 .336 .170
Loss Conversion Factor .042 .083 .125 .166 .208 .249 .291 .332 .374 .415 .498 .581 .664 .830

37 Basic Premium Ratio .955 .910 .865 .820 .776 .731 .686 .641 .596 .551 .461 .371 .282 .102
Loss Conversion Factor .045 .090 .135 .180 .224 .269 .314 .359 .404 .449 .539 .629 .718 .898

36 Basic Premium Ratio .951 .903 .854 .806 .757 .709 .660 .612 .563 .514 .417 .320 .223 .029
Loss Conversion Factor .049 .097 .146 .194 .243 .291 .340 .388 .437 .486 .583 .680 .777 .971

35 Basic Premium Ratio .947 .895 .842 .789 .736 .684 .631 .578 .525 .473 .367 .262 .156 .000
Loss Conversion Factor .053 .105 .158 .211 .264 .316 .369 .422 .475 .527 .633 .738 .844 .987

34 Basic Premium Ratio .943 .886 .829 .771 .714 .657 .600 .543 .486 .428 .314 .200 .085 .000
Loss Conversion Factor .057 .114 .171 .229 .286 .343 .400 .457 .514 .572 .686 .800 .915 .969

33 Basic Premium Ratio .938 .876 .814 .752 .690 .628 .567 .505 .443 .381 .257 .133 .009 .000
Loss Conversion Factor .062 .124 .186 .248 .310 .372 .433 .495 .557 .619 .743 .867 .991 .953

32 Basic Premium Ratio .933 .866 .799 .732 .665 .598 .531 .463 .396 .329 .195 .061 .000 .000
Loss Conversion Factor .067 .134 .201 .268 .335 .402 .469 .537 .604 .671 .805 .939 .984 .939

31 Basic Premium Ratio .927 .854 .781 .707 .634 .561 .488 .415 .342 .268 .122 .000 .000 .000
Loss Conversion Factor .073 .146 .219 .293 .366 .439 .512 .585 .658 .732 .878 .994 .965 .925

30 Basic Premium Ratio .920 .840 .760 .680 .600 .520 .440 .360 .280 .200 .040 .000 .000 .000
Loss Conversion Factor .080 .160 .240 .320 .400 .480 .560 .640 .720 .800 .960 .975 .949 .913

29 Basic Premium Ratio .913 .826 .739 .651 .564 .477 .390 .303 .216 .128 .000 .000 .000 .000
Loss Conversion Factor .087 .174 .261 .349 .436 .523 .610 .697 .784 .872 .990 .958 .935 .902

28 Basic Premium Ratio .904 .807 .711 .615 .519 .422 .326 .230 .134 .037 .000 .000 .000 .000
Loss Conversion Factor .096 .193 .289 .385 .481 .578 .674 .770 .866 .963 .969 .940 .918 .887

27 Basic Premium Ratio .892 .785 .677 .570 .462 .355 .247 .140 .032 .000 .000 .000 .000 .000
Loss Conversion Factor .108 .215 .323 .430 .538 .645 .753 .860 .968 .983 .946 .918 .897 .868

26 Basic Premium Ratio .881 .761 .642 .522 .403 .283 .164 .044 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .119 .239 .358 .478 .597 .717 .836 .956 .983 .960 .925 .899 .879 .851

25 Basic Premium Ratio .868 .736 .604 .472 .340 .208 .075 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .132 .264 .396 .528 .660 .792 .925 .987 .961 .940 .907 .883 .864 .838

24 Basic Premium Ratio .852 .705 .557 .409 .261 .114 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .148 .295 .443 .591 .739 .886 .992 .964 .941 .922 .893 .872 .855 .832

23 Basic Premium Ratio .835 .669 .504 .338 .173 .008 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .165 .331 .496 .662 .827 .992 .969 .944 .924 .907 .881 .862 .848 .827

22 Basic Premium Ratio .814 .628 .442 .256 .070 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .186 .372 .558 .744 .930 .978 .949 .927 .909 .894 .871 .854 .841 .823

21 Basic Premium Ratio .790 .579 .369 .159 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .210 .421 .631 .841 .990 .957 .932 .912 .896 .882 .862 .847 .835 .818

20 Basic Premium Ratio .758 .516 .274 .032 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .242 .484 .726 .968 .966 .936 .913 .895 .881 .869 .851 .837 .827 .812

19 Basic Premium Ratio .720 .439 .159 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .280 .561 .841 .979 .942 .915 .894 .878 .865 .854 .838 .826 .817 .805

18 Basic Premium Ratio .672 .344 .016 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .328 .656 .984 .954 .920 .896 .877 .863 .851 .842 .827 .817 .810 .799

17 Basic Premium Ratio .617 .234 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .383 .766 .977 .932 .902 .879 .863 .850 .839 .831 .819 .810 .803 .794

16 Basic Premium Ratio .550 .100 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .450 .900 .953 .913 .885 .865 .851 .839 .830 .823 .812 .804 .798 .790

15 Basic Premium Ratio .477 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .523 .992 .932 .896 .872 .854 .841 .831 .822 .816 .806 .799 .794 .788

14 Basic Premium Ratio .414 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .586 .973 .912 .881 .861 .846 .834 .825 .818 .812 .804 .797 .793 .787

13 Basic Premium Ratio .344 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .656 .953 .889 .867 .851 .838 .828 .821 .814 .809 .801 .796 .791 .786

12 Basic Premium Ratio .256 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .744 .931 .874 .856 .842 .831 .823 .816 .810 .806 .799 .794 .790 .785

11 Basic Premium Ratio .159 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .841 .906 .860 .846 .834 .825 .818 .812 .807 .803 .796 .792 .788 .784

10 Basic Premium Ratio .042 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .958 .879 .848 .836 .827 .819 .813 .807 .803 .800 .794 .790 .787 .783

9 Basic Premium Ratio .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .982 .850 .838 .828 .820 .813 .808 .803 .800 .797 .792 .788 .786 .782

8 Basic Premium Ratio .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .952 .838 .828 .820 .813 .808 .803 .800 .796 .794 .790 .787 .784 .781

7 Basic Premium Ratio .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .917 .828 .820 .813 .807 .803 .799 .796 .793 .791 .788 .785 .783 .780

6 Basic Premium Ratio .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .876 .818 .812 .806 .802 .798 .795 .792 .790 .788 .785 .783 .782 .779

5 Basic Premium Ratio .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .826 .809 .804 .800 .797 .794 .791 .789 .787 .786 .783 .782 .780 .778

4 Basic Premium Ratio .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000 .000
Loss Conversion Factor .815 .800 .797 .794 .792 .790 .788 .786 .785 .784 .782 .781 .779 .777

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 296-17-91201 Introduction.
WAC 296-17-91202 Definitions.
WAC 296-17-91203 Can you give me an overview of the retrospective rating program?
WAC 296-17-91204 I understand that there are specific requirements that an employer must meet before they can participate in either individual or group retrospective rating.
WAC 296-17-91205 I understand that there are specific prerequisites that an organization must meet to sponsor a retrospective rating group plan.
WAC 296-17-91206 Are there other qualifying requirements that an organization must satisfy once the preliminary requirements have been met?
WAC 296-17-91207 I have several businesses that have been combined for experience rating purposes because of common majority ownership. They still report and pay premiums using separate sub-accounts.
WAC 296-17-91208 Is there a requirement for employer members of an organization to be engaged in substantially similar businesses to participate in the organization's group plan?
WAC 296-17-91209 Do all organization members enrolled in a retrospective rating group plan have to report within one classification?
WAC 296-17-91210 Can you tell me how the authorized classifications for a retrospective rating group plan are determined?
WAC 296-17-91211 After a retrospective rating group plan has been authorized a classification or classifications, can an organization be allowed additional classifications at a later date?
WAC 296-17-91212 Does an organization have to reapply each year for authorized classifications applicable to their retrospective rating group plan?
WAC 296-17-91213 The department has approved our organization to sponsor a retrospective rating group. Is there an application process that we must follow?
WAC 296-17-91214 What is the next step after the organization has submitted this application?
WAC 296-17-91215 Is there an application process to enroll in an individual retrospective rating plan?
WAC 296-17-91216 Can you tell me what happens at the end of a coverage period?
WAC 296-17-91219 If I am successful in reducing my workers' compensation insurance costs, and you inform me that I am entitled to a refund, when will I get the refund?
WAC 296-17-91220 Do you establish how the refund is to be distributed to members of a group?
WAC 296-17-91221 If a group is subject to an additional assessment, does the department bill each member of the group for their share?
WAC 296-17-91222 If a group or individually enrolled employer owes money related to a retrospective rating adjustment, when is it due?
WAC 296-17-91223 If I am in a dispute with the department over an assessment, claim cost or moneys alleged to be owed to the department, can I participate in the retrospective rating program?
WAC 296-17-91224 Are employers required to share retrospective rating refunds with their workers?
WAC 296-17-91225 Can an organization be disqualified from sponsoring a retrospective rating group?
WAC 296-17-91250 Limitation of liability indemnification.
WAC 296-17-914 How is retrospective premium calculated?
WAC 296-17-91402 Table II.
WAC 296-17-91403 Table III.
WAC 296-17-91404 Table IV.
WAC 296-17-91405 Table V.
WAC 296-17-91406 Table VI.
WAC 296-17-919 Table I.

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