April 2, 2002

Member
Minnesota Self-Insurers’ Security Fund

RE: Self-Insurers’ Security Fund-
A message from the Chair

Greetings:

The Minnesota Self-Insurers’ Security Fund Board of Trustees has asked me, as its Chair, to report to you on some current issues, which may be of interest.

First, as you know, all private self-insurers are required to file statistical reports to the Minnesota Workers’ Compensation Insurers Association no later than April 1. The MWCIA has now announced the availability of a PC software program which will facilitate the electronic reporting of self-insured data. This program is being provided free to all self-insurers. The program, referred to as ASIDE , has been endorsed by the Minnesota Department of Commerce and is now available on the MWCIA web site at www.mwcia.org. Inquiries should be directed to the MWCIA at selfinsured@mwcia.org or 952-897-1737 (or 952-897-6426 or 952-897-6425). The MWCIA would like to have as many self-insurers as possible use this software to file the statistical reports due by April 1, 2002, if possible. For those self-insurers who are unable to make the transition, the Department of Commerce has advised us that it will schedule training sessions for self-insurers in the near future, which will assist in making the transition to use of the new software program.

On the legislative front, the Department of Commerce Omnibus Bill is on track to be enacted into law this session. This Bill contains a provision, which addresses the situation in which a self-insurer goes bankrupt but obtains an order through the bankruptcy court to allow it to continue to pay its workers’ compensation liabilities. The proposed amendment clarifies that, in that situation, the Department of Commerce does not need to issue a Certificate of Default, liquidate the self-insurers’ posted security and require the Self-Insurers’ Security Fund to undertake payment of the bankrupt self-insurers’ claims. If the bankrupt self-insurer ceases payment of claims at some point in the future, the Department of Commerce would have the ability to liquidate the posted security and require SISF to take over the claims payments at that time.

Another legislative proposal contained in the Workers’ Compensation Advisory Council Bill, which is also headed for passage, redefines the term “paid indemnity losses” to include vocational rehabilitation benefits. The self-insurers’ reporting of “paid indemnity losses” is important since those losses are used as a basis for Special Compensation Fund assessments as well as Self-Insurers’ Security Fund assessments. The effective date of this change will not occur until 2003. The Commissioner of Labor and Industry has promised to work with the self-insurers before the 2003 legislative session in order to clarify any confusion.

Another action which the Board of Trustees took at its meeting on January 15, 2002 relates to self-insurers who terminate pursuant to Minn. Stat. Section 79A.06, Subd. 5(b). That provision contains a formula to calculate the amount of the self-insurers’ buy-out. Effective January 1, 2002, the average annualized assessment rate is designated as 2.05%. In addition, certain self-insurers may use the short form for calculating its buy-out from the actuarial report by applying the following WCRA retention factors in actuarial report:

Low retention 0.705
High retention 0.617
Super retention 0.590

If any of you have any further questions, please feel free to contact any member of the Board of Trustees or our General Counsel, Laurence F. Koll and Andrew J. Morrison at (651) 291-9155 for further information.

Sincerely,

David J. Hennes
Chair
Minnesota Self-Insurers’ Security Fund