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HomeMy WebLinkAbout1/3/2007 - STAFF REPORTS - 2.H. p A LM S.n iy U � Y Y 4 c4`liog `P CITY COUNCIL STAFF REPORT DATE: January 3, 2007 Consent Calendar SUBJECT: APPROVING FISCAL YEAR 2006-07 ASSESSMENT OF SELF- INSURANCE PLAN TO THE STATE OF CALIFORNIA-SELF INSURANCE PLANS FROM: David H. Ready, City Manager B',Y; Human Resources SUMMARY Labor Code Sections 62.5 and 62.6 authorizes the Department of Industrial Relations to assess California employers for the costs of the administration of the worker's compensation program. As a result, the City of Palm Springs is required to pay an allocation of the total assessment and is billed for its share annually by the Department of Self-Insurance Plans, RECOMMENDATION: Adopt Minute Order No. , Approving Fiscal Year 2006/2007 Department of Industrial Relations, Self-Insurance Plans License Fees and Trust Funds to the State of California-Self Insurance Plans in the amount of $40,930.47. STAFF ANALYSIS: Labor Code 62.5, the provision that created the Workers' Compensation Administration Revolving Fund, is also known as the "User Funding Assessment." Labor Code 62.5 and 62.6 require that the user funding assessment and fraud surcharge be allocated between insured and self-insured employers in proportion to payroll for the most recent year for which information is available. Additionally, Senate Bill 899 (2004) increased the employer share from 20 percent of the total program cost to 100 percent. According to the Director of the Department of Industrial Relations, the increased assessment this will provide a stable funding source to allow the courts to resolve claims more quickly and improve the overall operation of the system. ITEM NO.A City Council Staff Report January 3, 2007-- Page 2 Self-Insurance Plan Assessment FISCAL IMPACT: Finance Director Review: The funds are budgeted and are available in 540-0903-48500. Susan Mills, Director of Human Resources Davi�HRea dy, City Ma r Attachments: Invoice No. 49299 (State of California — Self Insurance Plans) November 9, 2006 memo from John M. Rea, Acting Director, Department of Insurance Plans Methodology (Pages 1-5) MINUTE ORDER NO. APPROVING FISCAL YEAR 2006-07 DEPARTMENT OF INDUSTRIAL RELATIONS, SELF-INSURANCE LICENSE FEES AND TRUST FUNDS TO THE STATE OF CALIFORNIA-SELF INSURANCE PLANS IN THE AMOUNT OF $40,930.47. I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order , approving the payment of Invoice #49299 for FY 2006/2007 for DWC, DOI Fraud Investigation, SIP License Fees and Subsequent Injury and Uninsured Employer Trust Funds to the State of California, Self-Insurance Plans in the amount of $40,930.47, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of January, 2007. James Thompson, City Clerk STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS SELF-INSURANCE FLANS 2265 Watt Avenue, Suite 1 Sacramento,CA 95825 Li Phone No.(916)574-0300 , FAX(916)483-1535 �'l " i' 'a `„ , 'i'• December 15, 2006 Certificate No 7176 Invoice No, 49299 City of Palm Springs INVOICE FOR FY 2006/2007 FOR DWC,DOI FRAUD INVESTIGATION, SIP LICENSE FEES AND SUBSEQUENT INJURY AND UNINSURED EMPLOYER TRUST FUNDS I.WORKERS' COMPENSATION USER FUNDING ASSESSMENT: BASE YEAR ANNUAL REPORT: PUBLIC SECTOR: 2006 A. PAID INDEMNITY AMOUNT ON ALL CLAIMS IN BASE YEAR REPORTED $ 1,381,619.00 ON SELF INSURER'S ANNUAL REPORT(Line 4,Page 2)- - - - - - - - - - - - - - - B.USER FUNDING ASSESSMENT FACTOR(Multiplier): . . . . . . . . . . . . . . . . x 019662 -- -C:USER FUNDING ASSESSMENT DUE: . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,165.39 fi.DEPARTMENT OF INSURANCE FRAUD INVESTIGATION ASSESSMENT: BASE YEAR ANNUAL REPORT: PUBLIC SECTOR: 2006 A.PAID INDEMNITY AMOUNT ON ALL CLAIMS 1N BASE YEAR RLPOR'FL^'D $ 1,381,619.00 ON SELF INSURER'S ANNUAL REPORT(Line 4,Page 2): . .005451 B.FRAUD SURCHARGE FACTOR(Multiplier): . . . . . . . . . . . . . . . . . . . . . x C.FRAUD ASSESSMENT DUE- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $ 7,53121 111.LICENSE FEE ASSESSMENT: A.BASF FEE- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $ 0.00 (Suction 15230,Title 8,California Code of Regulations) TOTAL NUMBER OF CLAIMS ADJUSTING LOCATIONS: + $ 0.00 (S300 for each additional claim adjusting location) $ 0-00 B.PER CAPITA CHARGE OF 25 CENTS FOR EACH EMPLOYEE 0.00 I- Number of Employees- - - - - - - - - - - - - - - - - - - - - 25 2. Per Capita Charge - - - - - - - - - - - - - - - - - - - - - - - - - - - - x . $ O00OD C.ANNUAL LICENSE FEE TOTAL: . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00 IV. SUBSEQUENT INJURY BENEFITS TRUST FUND $ 1,381,619.00 A.PAID INDEMNITY AMOUNT ON ALL CLAIMS IN BASF YEAR REPORTED ON SELF INSURER'S ANNUAL REPORT(Line 4,Page 2)- - - - - - - - - - - - - - - B-INJURY BENEFITS TRUST FUND FACTOR(Multiplier): . . . . . . . . . . . . . . .x .002727 C.INJURY BENEFITS TRUST FUND DUE: . . . . . . . . . . . . . . . . . . . . . . . . $ 3,767.68 V. UNINSURED EMPLOYER BENEFITS TRUST FUND A.PAID INDEMNITY AMOUNT ON ALL CLAIMS IN BASE YEAR REPORTED $ 1,381,619-00 ON SELF INSURER'S ANNUAL REPORT(Line 4,Page 2): . . . . . . . . . . . . . . B.EMPLOYER BENEFITS TRUST FUND FACTOR(Multiplier); . . . . . . . . . . . . x 001785 C.EMPI,OYFR BENEFITS TRUST FUND DUE: - - - - - - $ 2,466.19 TOTAL ASSESSMENTS DUE (Line IC,TIC,MC,PX,VC). . . . - - $ 40,930.47 PAY THIS AMOUNT: S 40,930.47 PAYMENT DUE ON OR BEFORE: .Ianuary 15, 2007 Payment Instructions: A.Make check payable to: Self-Insurance Plans B. Indicate invoice number on check. C. Mail check and a copy of this invoice to address on letterhead STATE Or CALIFORNIA ARNOLDSCIWAR21NEOGER, Governor DEPAIZIMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR P.0.Box 4206M San rrnndsco,CA 944142 (510)286-7100 DATE: November 9, 2006 TO: California Self-Insured Employer FROM: John M. Rea, Acting Director, Deparmcnt of Industrial Relations _. SUBJECT: Fiscal Year 2006/07-Workers' Compensation Administration Revolving Fund Assessment; Uninsured Employers Benefits Trust Fund Assessment; Subsequent Injuries Benefits Trust Fund Assessment; and Workers' Compensation Fraud Account Assessment Labor Code Sections 62.5 and 62-6 authorize the Department of Industrial Relations to assess employers for the costs of the administration of the workers' compensation program. Previously, this assessment limited the employer share to 20 percent of the total program cost- The major workers' compensation reform in Senate Sill 899 (2004) contained provisions to increase the employer share to 100 percent. This increased the total amount of the assessment, but will provide a stable funding source to allow the courts to resolve claims more quickly and improve the overall operation of the system- The purpose of this letter is to inform you that you will be receiving an invoice for your share of the assessments authorized by Labor Code Sections 62.5 and 62.6. The Labor Code requires allocation of the total assessment between insured and self insured employers in proportion to payroll for the most recent year available. Total Self-Insured Authority Type Assessment Employer for all Payers Assessment Factor Labor Code Workers' Compensation Administration § 62-5 Revolving Fund Assessment CARF) 189 919.750 0.0]9662 Labor Code Uninsured Employers Benefits Trust Fund S33 818,877 0.001785 § 62.5 Assessment(UEBT'F) Labor Code Subsequent Injuries Benefits Trust Fund S17,931,733 0.002727 62-5 Assessment SIBTF Labor Code Workers' Compensation Fraud Account $39 479,534 0.005451 62.6 Assessment RALTD n Fiscal Year 2006/07 Assessments Page 2 Attached is a worksheet detailing the methodology used to compute the Workers' Compensation Administration Revolving Fund, Uninsured Employers Benefits Trust Fund, Subsequent Injuries Trust Fund allocation and Workers' Compensation Fraud Account Assessment and to allocate the assessment between insured and self-insured employers. Your share of the various assessments will be calculated by multiplying the self insured employer assessment factors for each assessment by the total indemnity paid by your organization. If you have any questions, please contact the Self-Insurance Plans office in Sacramento at (916)574-0300. Enclosure California Department of Industrial Relations 2006-2007 Workers'Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessment and Workers'Compensation Fraud Account Assessment METHODOLOGY Labor Code Sections 62.5 and 62.6 require the Department of Industrial Relations to levy the total amounts of the Workers'Compensation Administration Revolving Fund Assessment,Uninsured Employers Benefits Trust Fund Assessment,Subsequent Injuries Trust Fund Assessment and Workers'Compensation Fraud Account Assessment between insured employers and self-insured employers in proportion to payroll paid in the most recent year for which information is available. 01: Determine Total Assessments Required for 2006-2007 Workers'Compensation Administration Revolving Fund Assessment(Labor Code§62.5)... $113,235,082 Total AssessmerR Required....................... . $180 M9750 Fund Balance........ .. .. ...... .... ($92767412) OWC&SIP 0506 Overeollections...... .... S16OM744 S113,E351062 1.2 Uninsured Employers Benefits Trust Fund Assessment(Labor Cade§62.5)-------------------- $9,276,968 Total Assessment Required . ... =$Ili,977 Fund salance............................................... (530916 els) . OWC&SIP 05M ------------------ S5 374 904 $9,z7B,969 1.3 Subsequent Injuries Benefits Trust Fund Assessment(Labor Code§62.5)...................... $15,722,172 Total A-cp5mpnt Rcguimd $17,931,722 Fund Balanoa.................. ............ ($9290495) pwc A SIP 0506 Ovorcollcc0ens............... 51 0139 3 $15,722,172 (1.4) Workers;Compensation Fraud Account Assessment(Labor Cade§62.6)........................ $29,128,944 i p nv ntl wlnoensahon fraud account assessment is ekubLshed by Inc Ocpu mcnr of Insurance,Fraud Commrs on. Total Assessment Reguired.............. $39 479 534 Fund Balance.... .. .... (S11 BOB 6521 OWC&SIP 0506 Ondemollechona....- S145B 262 $29,tzs,sa¢ Step 2: Determine Payroll Amounts (2.1) Total payroll for insured employers........................... ... ............................... $334,243,418,204 Source: C hrcfnie Wer er.Compon.,tpn Insurance Rating 5umau(WCIR )poLq year 2003 (2.2) Payroll for self-insured employers .... . . . . ... . . ....... S159,595,564,881 1 2a.1 2004-05 Fiscal Year for Public Sector'.......... .... $71,713,78o,026 (5: 2005 for Private Sector.... $99,291,784,855 -Sov S:Wpedmerrl erindr dal Relations,pfflcc of Sal(ansurance Plans(etdudes Sf to of Cardomra) (2.3) Payroll for State of Callfomia(including SCIF)............................................... $12,749,141,557 "So.. fOcparrmcnrofpersnnnel Admn,l ,en,F,.o1Ynpr PWO C) (2.4) Total payroll for self-insured employers....................... ...... ....... ................. $172,344,706,438 2 (2.5) Total combined payroll ............................................ . . .. ... . .. .. ............. $556,588,124,642 3 (Insured and seM-insured employers) f-Y. 06.07 ME rl-1000LOGY- Page 1 of 5 11/09/2006 California Department of Industrial Relations 2006-2007 Workers'Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessment and Workers'Compensation Fraud Account Assessment Step 3: Calculate Proportional Payroll for Insured and Self-Insured Employers (3.1) Insured Employers: Insured Employer Payroll _ Methodology Section(2.1) _ $384,243,416,204 = 69.04% Total Combined Payroll Methodology Section(2.5) $556,588,124.642 (3.R) Self-Insured Employers: Self-Insured Employer Payroll _ Methodology Section(2.4) - $172,344,706,438 = 30.960/. Total Combined Payroll Methodology Section(2.5) S556,588,124,642 I R7)pavmll fnr SrN-Inxumd Emnlnve.m,T.ofMethodology Section R 21)and Mcihodology sngion(222) 2 P,h iMwi Pavmll for selfJmmmd Emninoors=L of MetnDdology section(2.2)and Metnodolepy Sedion(L3) 3 LM ToFal6ombincd�. =£of Melheddogy Section(21)and Methodology section(24) Step 4: Determine the Total Assessments for Insured and Self-Insured Employers Workers' Compensation Administration Revolving Fund Assessment Calculation for Insured Employers: 11� (WCARF Asscssmcm) X 69.04% _ $113,235.082 X 69.04•/. ............................... $78,177,501 ll� INCREASED by credits due individual insurers which underoollected against previous advances[CCR§15$09].................................................. ................................................... 14,261,841 I► DECREASED by insurer overcollec8on 0506[pursuant to CCR §15606(t)] ($17,$75,352) (4.1) Resulting Final Insured Employers workers'Compensation User Funding Assessment....... ... ..... $74,8637990 Calculation for Self-Insured Employers: (WCARFAsscssmcn0 X 30,96% = $113.235,082 X 30 96% . ....................... $35,057,581 INCREASED by the Sclf-Insurer undercollection from pnor year ,-- $1,502,608 (4.2) Resulting Final Self-Insumd Employers Workers'Compensation User Funding Assessment..... .... $36,550,189 _ Uninsured Emp�ers Benefits Trust DEBT Fund Assessment Calculation for Insured Employers- I• (DEBTF Assessmant)X 69.04% = $9,276,968 X 6904% ................................... $6,404,819 INCREASED by credits due individual insurers which undercollected against previous advances[CCR§156091...................................................................................................... 4,786,038 ► DECREASED by the Insurer overcollection for 0506 [pursuant to CCR §15506(f)] ($6,822,1 69) (4.3) Resulting Final Insurad Employers UEB7 Fund Assessment.................................................. $4,368,663 Calculation for Self-Insured Employers: ■ (UEBTFAsscssment) X 30.96% _ $9,276,968 X 30.96% ........ .......................... $2,812,149 ► DECREASED by the Self-Insurer under-collection from prior year $447,285 (4.4) Resulting Final Self-Insured Employers DEBT Fund Assessment $3,319,434 FY- 06.07 METHODOLOGY- Page 2 of 5 11/0912006 California Department of Industrial Relations 2006-2007 Workers'Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessment and Workers'Compensation Fraud Account Assessment Subse vent Injuries Benefits Trust SIBT Fund Assessment Calculation for Insured Employers: ► (SIBTFAssessment) X 69.04% = $15.722.172 X $9,04% .............................. $10,854,588 ► INCREASED by credits due individual insurers which undermilected against previous advances[CCR§156091........................................................ ............................................. 747,496 ■ DECREASED by the Insurer overcollection for 0506 [pursuant to CCR §15605(Q].............. .......... ($1,284,281) (4.5) Resulting Final Insured Employers SIBT Fund Assessment.................................................. $10,317.802 Calculation for Self-Insured Employers: ► (SIBTFAssessmerit) X 30.96% = $15,722,172 X 3096% ................................... $4,867,684 ► DECREASED by the Self-Insurer undercollection from prior year............................................ $203,347 (4.6) Resulting Final Self-Insured Employers SIBT Fund Assessment.. .. ........................... $5E(3,931 Workers' Compensation Fraud Account Assessment Calculation for Insured Employers: ► (FraudAssessmerd) X 69.04% = $29,128,944 x 69,04% .............................. $20,110,623 ► INCREASED by coedits due individual insurers which undercollecled against previous advances[pursuant to CCR § 15609]..................................................................................... 9,899,071 ► INCREASED by the insurer undercollection 0506[pursuant to CCR § 15606(Q]----------.................... ($2,575,689) (4.7) Resulting Final Insured Employers Workers'Compensation Fraud Account Assessment.. $27,434,005 Calculation for Self-Insured Employers: ► (Fraud Assessment) X 30.96% = $29,128,944 X 30,96% $9,018,321 ► INCREASED by the Self-Insurer ondercollection from prior year.............................................. $1,117,427 (4.8) Resulting Final Self-Insured Employers Workers'Compensation Fraud Account Assessment........ $10,135,748 Step 5: Calculate the Assessments Factors Workers' Com ensation Administration Revolving Fund Assessment Factor 5.1 Calculation for Insured Employers: Total Insured Emplovern Assessment _ $74 853,990 = 0.004483 Total Direct Workers'Compensation^ $16,700,000,000 -EMmatod Prammm(Soumc- WCIRS eaGmale for Zoos PQIIW Year) E91Calculation for Self-Insured Employers: Total Self-Insured Employer Assessment - 536 560.189 0.019662 Total Amt.of workers'Comp.Indemnity Pd" $1,859 412,619 -$per+l Pt,of lnduatrlal Relelmns,c000 or 5elr4nsuranee Plan,;[I of ryletbodology Se ns(5 21)N(5.23)]: i21 200r 05 Public Sector.......................................... $863,097,192 5,1 2005 Private Sector. ........................ ... ............. $833,349.484 (523) 20e5-05State of Cafriomis.... ... .......................... 5162,965.943 -s Re :Oopa=enrorP==n Aaminrsnatnon FY- 06-07 METHODOLOGY- Page 3 of 5 11/092005 California Department of Industrial Relations 2006-2007 Workers'Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessment and Workers'Compensation Fraud Account Assessment Uninsured Em to ers Benefits Trust UEBT Fund Assessment Factor 5.3 Calculation for Insured Employers: Total Insured Employers Assessment �4 368,668 - = 0.000267 Total Dined Workers'Compensation' $16,700 000,000 ' ma1td Pmmium(Snumo WCJR8esTlmaferar2006Par Ycmr) (5.4) Calculation for Self-Insured Employers: Total Self-Insured Employer Assessment = 3 819 434 0 0.001785 Total Amt.of Workers'Comp.Indemnity Pd^ $1,859,412,619 "SOURCE. pppf,of lndusUlar Relate ns,OR of SrJ(Jn yimncc Plans[Z of MefnWWOgy 5e ..(54 1)to(54.3)): 5.4.T 2004-05 Pubic Sector....... ...............- .. $863,097,192 SA. 2005 Private Sector...................... ......................... $833 349,484 (5,4.3) 2005.06 Slaty of Cafzomia....................................... $162,965,943 ''Sa�RCF:pgpgrtmenf mlPemonnel Fltlminchatipn Subsequent Injuries Benefits Trust(SIBT) Fund Assessment Factor 5.5 Calculation for Insured Employers: Total Insured Employers Assessment _ S 317317.802 = 0.000618 Total Direct Workers'Compensation' $16,700,000,000 -�dimok,!Pmmipm(Source: WCIRa esL=Ie for 20ne Poky Year) 5.6 Calculation for Solf4nsured Employers: Total Self-Insured Employer Assessment $5.070.931 = 0.002727 Total Amt of Workers'Comp,Indemnity Pd.— $1,859,412,619 -550/l RCE;Oepf of Indushial RcJafhns,016ce of Self-InSurnnQ Pions fF of Mmtnotlology SecGens(5 6 TJ b(5 6,3)f 5.5.T 2004-05 Pu6(c Sector................. $863,f97,f92 ........................ PAZ 2005 Private Sector.......... .. .... ...... ....................... $833,349,484 (5.6.3) 2005-06 State of Caffomis.. . .... ........................ $162,965,943 SOURCE;Oeparlmenf cr Pe"nnd Admrnistrdaon Workers' Compensation Fraud Account Assessment Factor (5.T) Calculation for Insured Employers: Total Insured Employer Surcharge = 2�7,4g4,()05 = 0.001643 Total Direct Wprkers'Compensation^ $15,700,000,000 -Eshmafcd Pmmlum(Source WOIR6 esfmu(p for 2000 Pohcy Yeaft HECalculation for Self4miured Employers: Total Self-Insured Employer Surcharge 10 135 7, 48 = 0.005451 Total Amt.of Warkam'Camp.Indemnity Pd.— $1,859.412,619 �SpURCF. pspt pt Intlusfnal RelsLem,O/fipe of ScNansurance Plens fE o/Methodology BccAmns(5 e.TJ to(5.6 3)J S.Yd 2004-05 PUALC Sector............................................. S863,097,192 L&L4 2009 Pfrvafe Segpr................................................. S833,349,484 (5.8.aJ 2006-06 Stare pI�Irfvmra................................... ... $16$�43 —SOURCE;PePortment of Personnel Adminiata6on F1(- 06-07 METHODOLOGY- Page 4 of 5 11/09f2006 California Department of Industrial Relations 2006-2007 Workers'Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Benefits Trust Fund Assessment and Workers'Compensation Fraud Account Assessment Step 6: Determine Individual Employer's Workers' Compensation Administration Revolving Fund Assessment f6.11 Individual Insured Employers: Assessment Factor[ 0.004483 ] X Employers Expected Assessable Premium• (6.2) Calculation for Individual Self-Insured Employers, Assessment Factor[ 0.019662 ] X Yotal Indemnity Paid by the Employer Step 7: Determine Individual Employers Uninsured Employers Benefits Trust(DEBT) Funding Assessment f7.11 Individual Insured Employers: Assessment Factor[ 0-000262 ] X Employer's Expected Assessable Premium* (7.Y) Calculation for Individual Self-Insured Employers, Assessment Factor[ 0.001785 ] X Total Indemnity Paid by the Employer Step 8: Determine Individual Employers Subsequent Injuries Benefit Trust (SIBT) Funding Assessment rMill Individual Insured Employers: Assessment Factor[ 0.000618 ] X Employer's Expected Assessable Premium' (8.2) Calculation for Individual Self-Insured Employers: Assessment Factor[ 0.002727 ] X Total Indemnity Paid by the Employer Step 9: Determine Individual Employer's Workers' Compensation Fraud Account Assessment g-1 Individual Insured Employers: Assessment Factor[ 0.001643 ] X Employers Expected A-�sessiblo Premium• (9.%) Calculation for Individual Self-Insured Employers, Assessment Factor[ 0.005451 ] X Total Indemnity Paid by the Employer Assessable Premium The pmmmm the insured is charged after all rating adjustments(experience rating, schedule rating,premium discounts. expense constants,retrospective rating, etc.)except for adjustments resulting from the application of deductible plans or the return policyholder dividends FY- 06-07 METHODQLpGY- Page 5 of 5 11/09/2000