The Texas Department of Insurance (TDI) accepts the National Council on Compensation Insurance (NCCI) advisory loss cost filing (SERFF tracking no. NCCI-133056154, State tracking no. S697064) with an effective date of July 1, 2022. This filing proposes an overall average decrease of 7.4% to the current loss cost level.
For all workers' compensation policies written with an effective date on or after July 1, 2022, insurers must use one of the following rate bases:
(1) their own independent insurer-specific classification relativities; or
(2) NCCI loss costs effective July 1, 2022.
For policies with an effective date on or after July 1, 2022, insurers may not base their rates on the NCCI loss costs from July 1, 2021, or any prior year's loss costs or relativities.
Catastrophe (Other Than Certified Acts of Terrorism) Provision
Texas adopted NCCI Item 02-TX-2021—Rules and an Endorsement Related to the Catastrophe (Other Than Certified Acts of Terrorism) Provision in Texas on January 5, 2022, in Commissioner's Order 2022-7156. This filing allows carriers the option to add a separate premium charge for this provision, effective July 1, 2022.
Actions required of insurers
Insurance Code Section 2053.003 requires each insurer to file with TDI all rates, supplementary rating information, and reasonable and pertinent supporting information for risks written in Texas. Insurers' rate filings should use the most recently available data and information.
Insurers that currently write workers' compensation insurance and plan to continue writing that coverage on or after July 1, 2022, should submit a rate filing no later than June 1, 2022. The rate filing must be submitted in SERFF and should contain the information specified in the attached Summary of Actions Required by Insurers 2022, including the Notice of Carrier Intent and Certification.
An insurer that wants to apply the Catastrophe (Other Than Certified Acts of Terrorism) premium should include its Catastrophe (Other Than Certified Acts of Terrorism) rate in its rate filing.
An insurer that is not currently writing workers' compensation insurance but plans to write its first policy with an effective date on or after July 1, 2022, should send its rate filing to TDI at least 30 days before the effective date of its first policy.
Filing forms and exhibits
The Property and Casualty Filings Made Easy (FME) Guide is an aid for making rate filings in Texas. Insurers may provide the required information using the current versions of the exhibits in the FME Guide or they may use their own exhibits and formats.
Property and casualty insurers must comply with the filing requirements in Title 28, Texas Administrative Code, Part 1, Chapter 5, Subchapter M, Division 6. Section 5.9334 addresses the requirements for each rate filing submission. Each of these requirements (along with other categories of information that may be requested) is detailed in Section 5.9332 (Categories of Supporting Information).
For more information, contact David Boon in the Property and Casualty Division - Actuarial Office at 512-676-6700 or email@example.com.