Agenda. History of state funds. Workers compensation state funds: an evolving market force
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1 Workers compensation state funds: an evolving market force Government In Insurance Seminar 2010 Boston, MA 4 5 October 2010 Presenters: Arthur Cohen, ACAS, MAAA Rachel Dolsky, ACAS, MAAA Agenda History of workers compensation (WC) insurance Emergence of state funds Types and features of state funds The 1990s Privatization movement The future Page 2 History of state funds Industrial revolution Insufficient and uncertain compensation laws permitting suing of employers Modern no-fault system of workers compensation Circa 1914 Problem: only large employers had the ability to guarantee injured employees mandated benefits Purchase of WC insurance began Page 3 1
2 Emergence of state funds Employers were afraid of: Being forced out of business by being refused coverage Insurance companies imposing excessive premium rates Insurance rates soar and insurers making unfair profits Page 4 State funds Established to provide WC insurance exclusively Washington was first state to adopt the state fund approach in 1911 Michigan followed in 1912 Six states had funds by the end of 1916 Page 5 Typically stated goals of state funds Support a competitive local economy Foster a safer workplace Provide fair access to insurance Operate on a self-sufficient basis Page 6 2
3 Features of state funds Self-supporting? Pay dividends or safety refunds Frequently organized as mutual insurance companies May be a source of revenue for the state s general fund May be subject to same regulatory requirements as private companies Page 7 Types of state funds Exclusive funds All are required to purchase WC from the state fund or, in some states, self-insure North Dakota, Ohio, Washington, Wyoming, Puerto Rico Competitive funds Compete with private companies and self-insurance May pay dividends to policyholders Page 8 Key benefits of state funds Availability Affordability? Service? Page 9 3
4 New state funds in the 1990s Montana (1990) Rhode Island (1990) Louisiana (1991) New Mexico (1991) Texas (1991) Maine (1993) Kentucky (1995) Missouri (1995) Hawaii (1996) Page 10 Growth of state funds over time 60,000 Workers' compensation benefits, by type of insurer dollars Millions of 50,000 dollars 40,000 30,000 Billions of 20,000 10,000-0 Ttl Total Private Carriers State Funds Self-Insured Federal Year Page 11 State funds today (2008 data) 25% of nationwide state act WC premium (more than $11 billion in premium) 25 states have active funds four of which are monopolistic Write 50% or more of the market in eight states Page 12 4
5 Move toward privatization Some success stories West Virginia Formerly monopolistic June 2005 a private mutual insurance company was created 1 July 2008 opened up its workers compensation business to any insurer that meets state requirements 207 insurers filed rates, 176 actively writing business Nevada Formerly monopolistic Privatized effective 1 January 2000 with the formation of Employers Insurance Company of Nevada Subsequently demutualized and became a publicly traded insurer Page 13 Privatization Arizona State Compensation Fund (SCF) of Arizona Created in 1925 Has been gradually moving in the direction of privatization since state legislative action in 1968 separated SCF from the Industrial Commission Pays both premium and property taxes and has not received state money since initial start-up loan (repaid in 1938) S.B SCF of Arizona will become a mutual insurance company owned by the policyholders effective 1 January 2013 Page 14 Other states Colorado Colorado Pinnacol Assurance Quasi-mutual company with almost 60% of market and is exempt from premium taxes Had been discussing privatization, however, talks have been tabled Oklahoma CompSource Insures about 35% of market and does not pay premium taxes Discussions to sell failed due to adverse effect on small businesses who would be paying higher premiums Page 15 5
6 Other state happenings California Largest state fund in the US and fifth largest WC insurance provider in the US (as of 2009 Conning study) Established 1914 Self-supporting, nonprofit organization In late 1990s, nearly $10 billion in NWP by 2009, just under $1.25 billion Page 16 Other state happenings Washington and Ohio Both are currently monopolistic and are talking about allowing competition New York Recent law changed such that it is no longer the only carrier that could deviate from bureau rates Page 17 Are state funds a continuing competitive force? Change in market share Current market conditions Effects of the economic conditions Lack of multi-state capabilities Movement towards privatization Page 18 6
7 Resources American Association of State Compensation Insurance Funds, n.d. Web. 8 June < Sengupta, Ishita, Virginia Reno and John Burton, Jr., Workers Compensation: Benefits, Coverage, and Costs, Washington, D.C.: National Academy of Social Insurance, Workers Compensation. Insurance Information Institute, September Web. 8 Sep < Workers Compensation State Funds: Evolution of a Competitive Force. Strategic Study Series. Conning Research & Consulting, Page 19 7
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