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Insurance Commissioner Repeals Texas Retro Plan

Dec 17, 2015 | by Flahive, Ogden & Latson

Commissioner of Insurance, David Mattax, has signed 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.

Agency direction can be found in Commissioner’s Bulletin No. B-0031-15, dated December 14, 2015. 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.

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