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You are here: Home . bulletins . 2015 . b-0031-15

COMMISSIONER'S BULLETIN # B-0031-15

December 14, 2015


To: ALL INSURANCE COMPANIES, CORPORATIONS, EXCHANGES, MUTUALS, RECIPROCALS, ASSOCIATIONS, LLOYDS, OR OTHER INSURERS WRITING WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE IN THE STATE OF TEXAS, THEIR AGENTS AND REPRESENTATIVES, AND THE GENERAL PUBLIC


Re: REPEAL OF THE TEXAS RETROSPECTIVE RATING PLAN MANUAL

The commissioner of insurance issued Commissioner's Order No. 4215, dated December 7, 2015, repealing the rules, factors, values, endorsements, and forms in the Texas Retrospective Rating Plan Manual (Texas Retro Plan) for new and renewal workers' compensation policies written on a retrospectively rated basis with effective dates on and after 12: 01 a.m., January 1, 2017. The order adopts the proposal in TDI staff's August 25, 2015, petition (Reference No. W-0915-04-I), with no amendments.

Insurers writing policies on a retrospectively rated basis with effective dates before January 1, 2017, under the Texas Retro Plan must use the Texas Retro Plan to make all retrospective adjustments for those policies.

For new and renewal workers' compensation policies written on a retrospectively rated basis with effective dates on and after 12:01 a.m., January 1, 2017, insurers must either make a reference filing with TDI to use the National Council on Compensation Insurance Retrospective Rating Plan Manual (NCCI Retro Plan), or file their own retrospective rating plans with TDI. If an insurer has already made a reference filing to use the NCCI Retro Plan or another plan, the insurer does not need to make another reference filing for that plan.

Using retrospective rating for workers' compensation policies is optional, and there is no requirement for a uniform retrospective rating plan in Texas. Repealing the Texas Retro Plan, which has not been updated for decades, does not affect insurers' existing alternatives, which are:

            1) using the NCCI Retro Plan, which NCCI has been updating annually, after making a reference filing with TDI to use that plan, or

            2) filing their own insurer-specific plans under Insurance Code Sections 2052.002 and 2053.003 for use in Texas.

Commissioner's Order No. 4215 is effective on December 28, 2015, which is 15 days after notice of the repeal of the Texas Retro Plan is published in the Texas Register. The order is available on the TDI website at www.tdi.texas.gov/rules/2015/exrules.html.

Please contact Linda Bryant at Linda.Bryant@tdi.texas.gov or 512-676-6719 with any questions.

Marilyn Hamilton
Director, Personal and Commercial Lines Office

Attachment: Commissioner's Order No. 4215



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Last updated: 12/15/2015

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