California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 8 - Office of the Director
Subchapter 2 - Administration of Self-Insurance Plans
Article 13 - Group Self-Insurance
Section 15496 - Group Self-Insurer's Security Deposit
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Each group self-insurer shall post and maintain a security deposit with the Director upon approval of its Certificate of Consent to Self-Insure. The security deposit amount shall be in accordance with the provisions of this section, and, once a Self-Insurer's Actuarial Study and Summary has been filed, no less than as determined pursuant to Labor Code Section 3701, calculated as the undiscounted expected actuarial confidence level including each of the following components: incurred but not reported (IBNR) liabilities, Allocated loss adjustment expense (ALAE), Unallocated loss adjusted expense (ULAE) net of specific excess insurance coverage.
The required deposit may be increased at the Director's discretion as set forth in Article 3 of these regulations.
(b) Upon approval of a Certificate of Consent to Self-Insure, the group self-insurer, in the manner provided in subsection (c), shall post an initial security deposit in an amount no less than the following:
(c) The group self-insurer's security deposit shall be posted in one of the following manners:
(d) Failure to maintain the required amount of security deposit or to post an acceptable form of deposit as set forth in this Article shall be good cause for assessment of civil penalties pursuant to Labor Code Section 3702.9(a) and/or revocation of the Certificate of Consent to Self-Insure pursuant to Labor Code Section 3702, and Section 15423 of these regulations.
(e) A group self-insurer or group member requesting a hearing pursuant to Article 11 shall provide proof of workers' compensation coverage under a policy from an admitted carrier for the period of time without the required security deposit or deposit increase, or proof of compliance with the Chief's request to post security.
1. New
section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
11343.4 (Register 2009, No. 10).
2. Amendment of subsection (a),
repealer of subsections (a)(1)-(3) and amendment of subsections (c) and (g)
filed 12-31-2012 as an emergency; operative 1-1-2013 pursuant to Government
Code section 11346.1(d) (Register 2013, No. 1). A Certificate of Compliance
must be transmitted to OAL by 7-1-2013 or emergency language will be repealed
by operation of law on the following day.
3. Certificate of
Compliance as to 1-1-2013 order transmitted to OAL 7-1-2013 and filed 8-13-2013
(Register 2013, No. 33).
4. Amendment of section heading and section
filed 12-14-2016; operative 1-1-2017 pursuant to Government Code section
11343.4(b)(3) (Register 2016, No. 51).
Note: Authority cited: Sections 54, 55, 3701.8 and 3702.10, Labor Code. Reference: Sections 59, 3700, 3701, 3701.5, 3701.8, 3702, 3702.3, 3702.6, 3702.10, 3740, 3741, 3742, 3743, 3744 and 3745, Labor Code.