Casualty Actuarial Society Ratemaking and Product Management Seminar
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1 Casualty Actuarial Society Ratemaking and Product Management Seminar Update on State and Federal Workers Compensation Issues Tim Tucker Washington Affairs Executive 1
2 Agenda Introduction State Workers Compensation Issues and Trends Federal Issues Impacting Workers Compensation Terrorism Risk Insurance Medicare Secondary Payer Issues Other Federal Issues Questions and Answers 2
3 Federal Workers Compensation Issues Administration's FY 2015 Budget Request Workers Compensation Data (Social Security Administration) The FY 2015 includes again a proposal for the development of a process to collect workers compensation information in a timely manner from states and private insurers in order to correctly offset disability insurance benefits and reduce social security insurance payments. This proposal allocated $5 million for development of the process and has been included in at least the three previous Administration budget requests. 3
4 Federal Workers Compensation Issues Administration's FY 2015 Budget Request Federal Employees Compensation Act (FECA) (Department of Labor) Included in the Administration s FY 2015 Budget Request is a proposal to reform the Federal Employees Compensation Act (FECA). Similar to past Administration FECA reform proposals, the centerpiece is a mandatory conversion at retirement age for FECA beneficiaries to the Federal retirement system. 4
5 Federal Workers Compensation Issues Administration's FY 2015 Budget Request Employee Misclassification (Department of Labor) The FY 2015 includes provisions aimed at detecting and deterring employee misclassification. It notes that misclassification harms workers from benefits and protections they are entitled. 5
6 Federal Workers Compensation Issues Administration's FY 2015 Budget Request Defense Base Act (DBA) (Department of Labor) Absent from the FY 2015 Administration Budget Request is a proposal to convert the current Defense Base Act private insurance market mechanism to a government run self-insurance program. Representative Cummings (D-MD) has introduced legislation that would make the statutory amendments necessary to implement the DBA changes proposed in past Administration budget. 6
7 USL&H Recreation Vessel Exclusion H.R (Wasserman-Schultz, D-FL) Seeks to clarify that the exclusion from federal Longshore coverage included in the ARRA of 2009 applies to all recreational vessels regardless of size Addresses confusion created by USDOL regulations promulgated as required by the ARRA 7
8 Federal Insurance Office (FIO) FIO was created with the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 FIO give authority to: monitor all aspects of the insurance sector; monitor the extent to which traditionally underserved communities and consumers have access to affordable non-health insurance products; and to represent the United States on prudential aspects of international insurance matters FIO was charged with examining current state-based system of insurance regulation 8
9 Key Findings: FIO Report on State Regulatory Modernization Need for greater uniformity in state-based system Recommended several areas for direct federal regulation (i.e. mortgage insurance) and opportunities for indirect federal regulation (i.e. NARAB II) Significant role for FIO on international regulatory issues 9
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