Title 34, Chapter 9, Section 133
(a) The board shall prescribe the rules and regulations for
apportioning rejected workers' compensation policies and may
establish an equitable assignment of such policies and enforce such
provisions; provided, however, the Commissioner of Insurance is
authorized to establish or approve a method to apportion on a pro
rata basis any rejected workers' compensation policy where four
insurers duly authorized to write workers' compensation insurance
refused, in writing, to issue the workers' compensation policy to
cover said risk or where the agent for the applicant for such
insurance confirms in writing to the four insurers their refusal to
cover said risk. In formulating this method of assignment, a
minimum loss ratio will be considered by the Commissioner of
Insurance. Then, such established or approved method shall
immediately assign an insurer to write such risk. The Commissioner
of Insurance shall establish separate categories of risks rejected
as the result of insufficient prior workers' compensation
experience, risks rejected for factors other than workers'
compensation loss experience, and risks rejected as the result of
poor workers' compensation experience. Where such assignment has
been made under the aforementioned method, the board shall not make
(b) The method of apportioning and assigning rejected workers'
compensation insurance policies provided in subsection (a) of this
Code section shall include the assignment and apportionment of such
policies covering vendors who provide logging services to a named
insured or covering an association of such vendors.
(c)(1) The method of apportioning and assigning rejected workers'
compensation insurance policies provided in subsections (a) and
(b) of this Code section shall be known as the "Workers'
Compensation Assigned Risk Insurance Plan" or "Plan." All
policies issued under the Plan shall have the words "Georgia
Workers' Compensation Assigned Risk Plan" placed in bold letters
on the policy declarations page to ensure that rejected risks know
that the policy has been issued in the Plan.
(2) For Plan policies with effective dates on or after January 1,
1996, the Commissioner of Insurance shall approve and implement a
plan which establishes rates adequate to eliminate any Plan
operating deficit by January 1, 1999.
(3) Such Plan shall be revised annually by the Plan administrator
and presented to the Commissioner of Insurance for approval.
(4) Such Plan shall include, to the extent adequate to reduce the
Plan operating deficit:
(A) Rating plans, procedures, and requirements placed on Plan
(B) Procedures and requirements placed on Plan insurers and the
(5) Such Plan shall also include, but not be limited to:
(A) Plan policy assessments and surcharges;
(B) Credits for policyholders who have had no lost-time claims;
(C) A system of credits against assessment or participation of
insurers for the voluntary writing of a risk or risks which are
currently insured through the Plan;
(D) Provisions that the type or level of services by an insurer
for Plan policyholders shall be no less than such type or level
of services of such insurer for its policyholders not in the
(E) Provisions for safety programs to be implemented by
policyholders in cooperation with their insurer.
(d) The Plan required by subsection (c) of this Code section shall
be structured, to the extent possible, so as to reduce the operating
deficit of the Plan proportionately each year from January 1, 1996,
through January 1, 1999.
(e) Notwithstanding anything to the contrary provided in subsection
(c) or (d) of this Code section, the Commissioner of Insurance shall
have the discretion to waive all or any portion of the Plan policy
assessments and surcharges described in subsection (c) of this Code
section if the operating deficit of the Plan for a respective Plan
policy year improves by at least 15 percent as compared to the
deficit for such Plan policy year calculated based upon rates in
effect for the immediately preceding Plan policy year.
(f) For Plan policies with effective dates on or after January 1,
1999, the aggregate of all revenues received from rates and rating
plans charged to participants who are insured under the Plan shall
be set so that the amount received in premiums, together with
reasonable investment income earned on those premiums, shall be
sufficient to pay claims and reasonable expenses of providing
coverage under the Plan and to establish appropriate levels of loss
reserves, all in accordance with actuarial standards, including
consideration of the effects of subsection (c) of this Code section.
For purposes of this Code section, the term "actuarial standards"
means standards adopted by the Casualty Actuarial Society in its
Statement of Principles Regarding Property and Casualty Insurance
Ratemaking and the Standards of Practice adopted by the Actuarial
Standards Board. Any premium or surcharge collected by the Plan in
excess of the amount necessary to fund the projected ultimate losses
and expenses of the Plan shall be refunded to the policyholders or
applied to reduce premiums.
(g) Notwithstanding Code Sections 33-9-8 and 33-9-21, the Commissioner of Insurance shall cause the implementation of rates for policies issued pursuant to the Plan which are sufficient to conform with the requirements of paragraphs (1) and (2) of subsection (c) of this Code section.
(h) On or before December 15, 1995, and each subsequent year, the
Commissioner of Insurance shall submit a report to the appropriate
standing committees of the General Assembly concerning the status
and results of operation of the Plan. Such report shall include but
not be limited to a report on the Plan deficit, burden and trends in
reducing such deficit, number of policies and amount of premium
underwritten by the Plan, rating of such policies based upon the
three-tier rating program, his or her estimate of the effect of
policyholder safety committees on policyholder loss experience,
operation of workers' compensation insurance specialty markets in
this state, impact of the servicing carrier remedial program and
results of servicing carrier incentives and disincentives, review of
the efficiency of the servicing carrier bid program, and any other
information the Commissioner of Insurance or the respective
chairpersons of such standing committees deem necessary to evaluate
the Plan and the workers' compensation insurance market in this
(i) On or before July 1, 1995, the Commissioner of Insurance shall
promulgate rules and regulations to implement this Code section.
Such rules and regulations shall include the system of credits
required by subparagraph (c)(5)(C) of this Code section, which
credits shall not be less than the following:
(1) For policies with an annual premium of $7,500.00 or less, a
credit of four times the amount of such annual premium;
(2) For policies with an annual premium of at least $7,501.00, but
not exceeding $15,000.00, a credit of three times the amount of
such annual premium;
(3) For policies with an annual premium of at least $15,001.00,
but not exceeding $25,000.00, a credit of two times the amount of
such annual premium;
(4) For policies with an annual premium of at least $25,001.00,
but not exceeding $200,000.00, a credit of one and one-half times
the amount of such annual premium; or
(5) For policies with an annual premium of $200,001.00 or greater,
a credit of the amount of such annual premium.
(j) A merit rating plan shall be implemented by the Plan
administrator and the Commissioner of Insurance in compliance with
subparagraph (c)(5)(B) of this Code section to establish credits for
policyholders who have had no lost-time claims and debits for a
specified number of lost-time claims to include the following:
(1) A policyholder who is not experience rated, whose annual
premium is less than $5,000.00, and who is subject to a merit
rating plan of credits and debits to be applied to the Georgia
manual premium for the policyholder in the Plan;
(2) The merit rating plan shall be based upon the number of
lost-time claims of the policyholder during the most recent
one-year period for which statistics are available. This one-year
period is that which would otherwise be used for experience rating
(3) The credits and debits under such plan shall be as follows:
(A) No lost-time claims for the most recent year, a 12 1/2
(B) One lost-time claim for the most recent year, no credit or
(C) Two or more lost-time claims for the most recent year, a 5
(4) The insurer shall obtain the claims information of the
policyholder and shall notify the policyholder of the credit or
debit premium adjustment and the reason for same in writing within
90 days of the effective date of the policy. The insurer, upon
request, shall provide additional safety plan information to a
policyholder who develops a debit merit rating adjustment; and
(5) Debits and credits used in this merit rating plan shall not
apply to the Georgia minimum premium for a risk.