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 3 - Security Deposit Requirements
Section 15210 - Security Deposit
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Public self-insurers are not required to post or maintain a security deposit with the Director for workers' compensation liabilities.
(b) Individual Private self-insurers shall post and maintain a security deposit, in accordance with the provisions of Labor Code Section 3701 and the requirements of Article 3 of this subchapter 2 and/or in accordance with Labor Code Section 3701.8 and Article 3.1 of this subchapter 2.
(c) The minimum required security deposit pursuant to Labor Code Section 3701 for existing, private self-insurers shall be equal to the self-insurer's losses at the undiscounted 'expected level' also commonly referred to as the undiscounted 'actuarial central estimate', including each of the following components: incurred but not reported (IBNR) liabilities, Allocated loss adjustment expense (ALAE), and 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.
(d) New individual private self-insurers shall initially post a security deposit pursuant to Labor Code Section 3701 in an amount equal to the greater of the following:
(e) Security deposit shall be posted in the form of:
(f) Failure of an individual private self-insured employer to maintain the required amount of 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) by the Chief and/or, in the Director's discretion, revocation of the Certificate to Self-Insure.
(g) Failure of an individual private self-insured employer to post and maintain the required amount of security deposit for a period of 60 days shall be good cause for the Chief to summarily revoke a Certificate of Consent to Self-Insure. The summary revocation of the Self-Insurer's Certificate of Consent will provide for a 15-day notice of termination, without a hearing.
1.
Amendment of article heading, section heading and text and adoption of NOTE
filed 12-22-92; operative 1-21-93 (Register 93, No. 2).
2. Change
without regulatory effect amending subsection (f)(3) filed 8-27-98 pursuant to
section 100, title 1, California Code of
Regulations (Register 98, No. 35).
3. Change without regulatory
effect amending subsections (c)(1) and (c)(3) filed 4-9-2003 pursuant to
section 100, title 1, California Code of
Regulations (Register 2003, No. 15).
4. Amendment of section and
NOTE filed 5-30-2003 as an emergency; operative 5-30-2003 (Register 2003, No.
22). A Certificate of Compliance must be transmitted to OAL by 9-29-2003 or
emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 5-30-2003 order, including
amendment of subsection (h)(1), transmitted to OAL 9-29-2003 and filed
11-12-2003 (Register 2003, No. 46).
6. Amendment filed 3-2-2009;
operative 3-2-2009 pursuant to Government Code section
11343.4
(Register 2009, No. 10).
7. Amendment of subsection (c), repealer of
subsections (c)(1)-(3) and amendment of subsections (g)-(h)(2) 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.
8. Certificate of Compliance as to 1-1-2013 order
transmitted to OAL 7-1-2013 and filed 8-13-2013 (Register 2013, No.
33).
9. Amendment of subsection (d)(1), repealer of subsections
(e)-(e)(2), subsection relettering and amendment of newly designated
subsections (g)(1)-(2) 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 and 3740- 3745, Labor Code.