Adopt new Article 3.1 to read:

Article 3.1

Alternative Composite Deposits

Note: Chapter 866, Statutes of 2002 amended the Labor Code to permit the Director to accept an alternative security deposit system whereby all private self insured employers designated for full participation could collectively secure aggregate self insured workers’ compensation liabilities through the Self Insurers’ Security Fund. This alternative composite deposit would be in lieu of each private self insured employer posting their own security deposit.

Note: Authority Cited: Sections 3701.8(a) and 3702.10, Labor Code.

Reference: Section 3701.8, Labor Code.

Adopt new Section 15220 to read:

15220. Listing of Security Deposit Amount Required

(a) The Manager shall annually prepare a listing for the Director of the security deposit amount required to secure workers’ compensation liabilities for each private self insured employer pursuant to Labor Code Section 3701 and Chapter 3.0 of these regulations. This listing shall be calculated upon the total amount of liability reported on the private self insured employer's year-end Self Insurer’s Annual Report, and shall reflect deposit adjustments from audit results, new additions of subsidiaries or affiliates, rate of deposit adjustments for any reason, or other deposit determinations made by the Manager on any private self insured employer.

(b) Any private self insured employer that fails to file it's Self Insurer's Annual Report as required by Section 15251 of these regulations by April 1 of each year may be deemed by the Manager to have twice the liabilities indicated on the prior year's Annual Report for Labor Code Section 3701.8 and Chapter 3.1 of these regulations purposes in the listing to the Director and shall be flagged accordingly. The Manager shall provide the Director's listing of security deposit to the Self Insurers' Security Fund upon request.

(c) The Manager may provide the listing of required security deposits to the Board of Trustees of the Self Insurers' Security Fund in a series of partially complete lists as the Self Insurers’ Annual Reports are processed each year.

Note: Authority Cited: Section 3701.8(a) and 3701.10, Labor Code.

Reference: Sections 3701.8 and 3702.10, Labor Code.

Adopt new Section 15220.1 to read:

15220.1. Financial Summary.

    1. In addition to the existing requirements to provide the current financial statement to the Manager contained in Section 15203.2 of these regulations, the Manager may require any private self insured employer that:

(1) does not have public financial statements (such as closely held or privately held employers) or

(2) has no published credit rating; to prepare and to provide to the Manager a summary of designated general information and key financial items contained in the current Balance Sheet or Income Statement from the employer’s current financial statement. The Manager may request this Financial Summary information of each private self insured employer under this subsection that has a required security deposit equal to or greater than $2,000,000 pursuant to Labor Code Section 3701; or from any private self insured employer that fails to meet the financial requirements to be self insured as contained in Section 15203.2. The Manager shall make the employer's Financial Summary information available to the Security Fund upon request.

Note 1: The information in the Financial Summary will permit the Security Fund to determine the equivalent to a credit rating for the applicable employer that does not have published credit ratings.

(b) The designated general information and key financial items are as follows:

    1. General Information Items:

(A) Name of Employer

(B) Date of Last Annual Financial Statement

(2) Key Financial Information:

(A) Cash and Marketable Securities

Inventory

(B) Total Current Assets

(C) Total Assets

(D) Total Current Liabilities

(E) Total Long Term Debt

(F) Total Liabilities

(G) Retained Earnings

(H) Net Sales

(I) Cost of Goods Sold

(J) Selling, General & Administrative Expenses

(K) Operating Profit/(Loss)

(L) Earnings Before Interest and Taxes

(M) Total Interest Expenses

(N) Net Income

(c) The Manager shall incorporate the designated general information and key financial items into a Form A4-7 (9/02), Financial Summary, for the private self insured employer to complete.

(d) The Manager shall advise the Self Insurers' Security Fund of any employer that fails to complete and return the Form A4-7 (9/02) to the Manager pursuant to subsection (a) of this Section. Failure to complete and return the Form A4-7 (9/02) to the Manager shall be good cause for the Manager to downgrade such employer from fully participating status to non-fully participating status in any alternative composite deposit that is proposed by the Security Fund pursuant to Labor Code Section 3701.8 and Chapter 3.1 of these regulations.

(e) Failure by any private self insurer to provide Financial Summary Form A4-7 (9/01) to the Manager shall authorize the Security Fund to use its business judgement to assign whatever non-investment grade credit rating it might deem appropriate to such employer for alternative composite deposit purposes.

Note: Authority Cited: Sections 3701.8(a) and 3702.10, Labor

Code.

Reference: Sections 3701.8 and 3702.10, Labor Code.

Adopt New Form A4-7 (9/02) to read:

(See next page)

Note: Authority Cited: Sections 3701.8(a) and 3702.10, Labor Code.

Reference: Sections 3701.8(a) and 3702.10, Labor Code.

Adopt new Section 15220.2 to read:

15220.2. Alternative Composite Deposits.

    1. The Self Insurers’ Security Fund Board of Trustees may propose to the Manager to secure the aggregate security deposit amount required, in whole or part, for all participating private self insured employers utilizing any one or combination of security instruments listed in Labor Code Sections 3701 and/or Section 3701.8.

Note: These instruments would include, but not be limited to, letters of credit, surety bonds, approved securities, and cash subject to the regulatory requirements for each contained in Article 3 (commencing with Section 15210) of these regulations. It would also include, but not be limited to, insurance coverage, such as specific or aggregate excess policies, or special excess workers’ compensation policies; and/or other financial instruments, such as commercial paper and/or reinsurance contracts; or financial guarantees, including the Security Fund’s own guarantee backed by cash or securities.

(b) Each time the Security Fund proposes to secure workers' compensation liabilities under subsection (a) of this Section, the Security Fund Board of Trustees shall officially propose in writing to the Manager to replace individual security deposits posted by any private self insured employers.

(c) Each formal written proposal for an alternative composite deposit to the Manager shall include:

(1) A complete description of the proposed composite deposit including what portions are cash and non-cash; any retentions, deductibles, or co-payments that are contemplated in each layer, if any; and any insurance or reinsurance being utilized as part of the proposal;

(2) A list of all proposed self insured employers to be covered; their percentage of coverage; their applicable credit rating or equivalent credit rating as determined by Section 15220.1 of these regulations; and the credit rating agency utilized to determine the credit rating;

(3) Specification of the call order, if any, of the instruments proposed to be posted as part of the alternative composite deposit.

(4) A proposed effective date of the proposed alternative composite deposit that is at least 60 days beyond date of the official written proposal to the Manager and shall be at least one year in length.

    1. The Manager shall advise the Director of any such proposal received from the Self Insurers’ Security Fund Board of Trustees for an alternative composite deposit and the details of the proposal.
    2. The Manager shall review and may approve or reject the alternative composite deposit proposal in whole or part and shall advise the Self Insurers’ Security Fund of the decision. If approved, the Security Fund shall have 30 days to post the alternative composite deposit instruments(s) with the Director, unless the Self Insurers’ Security Fund’s approved proposal sets forth some other timetable for delivery of the instrument(s) acceptable to the Manager.

(f) The Manager shall not release the security deposits posted by individual self insured employers, until after the alternative composite deposit is fully posted. If the alternative composite deposit requires any or all of the private self insured employers to post some amount of separate security deposit pursuant to Labor Code Section 3701, then the Manager shall not release that required portion of the private self insured employer’s existing, separate security deposit or will require the private self-insured employer to post the balance due under Labor Code Section 3701.

(g) The Board of Trustees of the Self Insurers’ Security Fund may subsequently propose additions, extensions, replacement, substitution, or other changes in whole or part in the same manner as set forth in this Section to the initial alternative composite deposit posted with the Manager. Approval and posting shall also be accomplished in the same manner as set forth in this Section.

(h) The Self Insurers’ Security Fund may offer its own guarantee for any portion of the alternative composite deposit, in the form of a retention, a deductible, or its own guarantee provided the guaranteed amount is secured by segregated cash or securities posted with the Director as set forth in Section 15220.7.

Note: Labor Code Section 3701.8(e) permits the Director, in his discretion, to allow the Self Insurers’ Security Fund to hold, invest and draw upon the cash portion of the alternative composite deposit, or, the Director may hold the cash portion of the deposit

Note: Authority Cited: Sections 3701.8(a) and 3702.10, Labor Code.

Reference: Section 3701.8, Labor Code.

Adopt new Section 15220.3 to read:

15220.3 Participation in Alternative Composite Deposits

(a) All current or former, private employers issued a Certificate of Consent to Self Insure pursuant to Labor Code Section 3700 (b) are eligible for participation in any alternative composite deposit proposed by the Self Insurers’ Security Fund except the following:

(1) Any new private sector self insured employers during their first three full years of self insurance. An employer shall be considered a new self insured employer if, when it applied to become self insured, it did not possess an active Certificate of Consent to Self Insure issued by the Director pursuant to Labor Code Section 3700 for itself or its parent, a subsidiary, or an affiliate employer.

Exception: Any investment grade credit rated new private self insured employer may enter into the next open enrollment period or subsequent new alternative composite deposit proposed to the Manager. Investment grade is a credit rating of "Baa" or above in the applicable rating service.

(2) Any former private self insured employer that possesses a revoked Certificate of Consent to Self Insure but no longer has to submit a Self Insurer’s Annual Report because all known claims are closed.

(3) Any former private self insured employer that possesses a revoked Certificate of Consent to Self Insure and is required to post only the minimum security deposit amount pursuant to Labor Code Section 3701.

(4) Any current or former private self insured employer to the extent it has sold off all or any portion of its workers’ compensation liabilities under a special excess workers compensation insurance policy to an admitted carrier; and the self insured employer is required to continue to post security deposit to secure such sold off liabilities pursuant to Labor Code Section 3702.8(c) for 3 years from the policy issuance date.

(5) Any private group self insurer of workers’ compensation liabilities during its first 5 years of existence or operation.

(6) Any private self insured employer to the extent that it transfers any or all of its existing self insured workers’ compensation liabilities to a fully insured employer, such as in the merger, reorganization, sale or spin off of a division or subsidiary.

(7) Any current or former private self insured employer that has defaulted on the payment of its self insured workers’ compensation liabilities and those liabilities have been turned over to the Self Insurers’ Security Fund by the Director pursuant to Labor Code Section 3701.5.

(8) Any current or former private self insured employer that has failed to post the full amount of any security deposit required by the Manager pursuant to Labor Code Section 3701 for more than 60 consecutive days.

(9) Any private self insured employer that does not meet the minimum credit rating criteria for participation in the below. alternative composite deposit contained in subsection (b) or (c) of this section below.

(10) Any current or former private legally self insured employer that is a member of a public sector healthcare joint powers authority pursuant to Government Code Section 6527.

(b) Fully participating status private self insured employers shall be eligible for all their required security deposit to be covered by the alternative composite deposit. To qualify as a fully participating status private self insured employer, the employer shall meet all the following requirements:

(1) The employer is not otherwise excluded by subsection (a) of this regulation;

(2) The employer has not been specifically requested to be excluded by written request of the Self Insurer’s Security Fund pursuant to Labor Code Section 3701.8 to the Director;

(3) If the employer has an indicated security deposit required of $10 million or greater as calculated under Labor Code Section 3701 on the most recent, year end Self Insurer’s Annual Report then the employer shall possess an acceptable credit rating on the date of the Security Fund’s Board of Director’s written alternative composite deposit proposal to the Manager. An acceptable credit rating shall be any "A" or any "B" rating or equivalent there to as determined under Section 15220.1 in either:

(A) Moody’s Investor Service Corporate Finance monthly

subscription rating guide entitled "Moody’s Global Rating Guide", or

(B) Standard & Poor’s Credit Market Services monthly subscription rating guide entitled "Global Ratings Handbook. In the event of a split rating, the lowest rating shall be utilized.

(4) If the employer has an indicated security deposit required of less than $10 million as calculated under Labor Code Section 3701 on the most recent year-end Self Insurers’ Annual Report, then the employer shall:

(A) Meet the minimum financial requirements contained in Section 15203.2 of these regulations in the employers last published annual financial report provided to the Manager pursuant to Section 15203.2;

(B) Not have an above the minimum deposit 135% rate or 135% deposit calculation amount required by action of the Manager for any reason; and

(C) May not have a credit rating of any "C" rating or below or equivalent there to as determined under Section 15220.1 in the rating guides specified in subsection (b)(2) of this section.

(c) Non-fully participating status private self insured employees shall be eligible for some portion but less than 100% of their required security deposit to be covered by the alternative composite deposit. To qualify as a non-fully participating status employer, the employer shall meet the following requirements:

(1) The employer is not otherwise excluded by subsection (a) of this regulation;

(2) The employer has not been specifically requested to be excluded by written request of the Self Insurer’s Security Fund pursuant to Labor Code Section 3701.8 to the Director;

(3) The employer is an otherwise eligible fully participating employer that has been placed into the non-fully participating status by action of the Manager for cause to thereby require the private self insurer to post some portion but not 100% of all workers’ compensation liabilities to be separately secured pursuant to Labor Code Section 3701 with the remainder covered by the alternative composite deposit. Cause would include, but not limited to failure to provide a parental agreement of assumption and guarantee resulting in an elevated security deposit; and/or failure to file a complete and timely Self Insurer’s Annual Report; and/or failure to post required deposit pursuant to Labor Code Section 3701; and/or failure to meet the financial requirements of Section 15203.2 of these regulations; and/or failure to report all claim liabilities or to estimate claims liabilities pursuant to Section 15300 of these regulations as determined in a routine audit or special audit.

(d) Excluded status employers shall not be eligible for any portion of their security deposit to be covered by the alternative composite deposit. All required security deposit shall be separately posted by these employers pursuant to Labor Code Section 3701 and Article 3 of these regulations. Excluded employers include any private self insured employer that possesses any "C" or lower credit rating (or the equivalent thereto as determined under Section 15220.1) in either Moody’s Investor Service Corporate Finance monthly subscription rating guide entitled "Moody’s Global Ratings Guide" or Standard & Poor’s Credit Market Services monthly subscription rating guide entitled "Global Ratings Handbook". In a split rating situation, the lowest rating will be utilized.

Note: In addition to employers that have excluded status due to their credit rating as set forth in this subsection, there are also other employers that are (1) permanently excluded from or (2) excluded until the next cycle of participation in alternative composite deposits by subsection (a) of this Section.

    1. Any private self insured employers that are eligible for only non-fully participating status or are excluded in whole or part to participate in the alternative composite deposit shall post the balance of the amount of required security deposit with the Director pursuant to Labor Code Section 3701 and Article 3 of these regulations.

(f) For cause, the Manager may downgrade any otherwise eligible private self insured employer from:

    1. fully participating status to non-fully participating status; or
    2. from non-fully participating status to excluded status.

Cause would include, but not be limited to, failure to submit the Self Insurers' Annual Report or future estimate claim liabilities on the Self Insurers' Annual Report fully pursuant to Section 15300 as determined in an audit; and including claim liabilities of subsidiary or affiliates in their self insurance program that have not been granted a Certificate to Self Insure by the director; failure to post deposit required pursuant to Labor Code Section 3701 and these regulations; failure to meet the required financial requirement to be self-insured pursuant to Section 15203.1; and/or failure to submit an Assumption and Guarantee Agreement pursuant to Section 15203.1.

(g) The Self Insurers’ Security Fund Board of Trustees may file a request with the Manager to include any individual private self insured employer otherwise excluded in subsection (a) above to fill a vacancy or substitution in the alternative composite deposit. The Manager would have to approve any such request. The Manager' decision on such a request is final.

Note: Authority Cited: Sections 3701.8(a) and 3702.10, Labor Code.

Reference: Section 3701.8, Labor Code and Section 6527, Government Code..

Adopt new Section 15220.4 to read:

15220.4 . Calculation of Deposit Assessments by the Self Insurers’ Security Fund.

(a) The deposit assessment shall be one assessment consisting of the following individually determined and calculated parts:

(1) A pro-rata cash contribution to build the net worth of the Self Insurers’ Security Fund to pay existing or future defaults on covered workers’ compensation liabilities of eligible private self insured employers under an alternative composite deposit. This portion of the deposit assessment shall be called the Default Loss Fund Fee.

(2) A pro-rata cash fee to pay the cost for aggregate loss protection in excess of the level of liability provided through the Default Loss Fund. This portion of the deposit assessment shall be called the Excess Liability Protection Fee.

(3) A pro-rata cash contribution to fund security deposit shortfalls from the existing private self insurer insolvencies and defaults, formerly funded exclusively by the Self Insurers’ Security Fund’s Insolvency Assessment pursuant to Labor Code Section 3745. This portion of the deposit assessment shall be called the Pre-Existing Deposit Shortfall Fee.

Exception: Private self insurers revoked prior to the effective date of this regulation that are also excluded from participation in the alternative composite deposit by Section 15220.3 of these regulations.

(b) The Self Insurers’ Security Fund Board of Trustees shall determine and collect the deposit assessment owed by each private self insured employer eligible for fully participating status and non-fully participating status in any alternative composite deposit proposed to the Director. The Manager shall determine and advise the Board of Trustees the amount of deposit assessment due from private self insured employers excluded from participation in any alternative composite deposit proposed to the Director. The Self Insurers’ Security Fund Board of Trustees shall also collect the deposit assessments from excluded employers.

(c) The Self Insurers’ Security Fund Board of Trustees shall in the exercise of its business judgement determine pro-rata amount of each portion of the deposit assessment for each private self insured employer eligible for fully participating status or non-fully participating status or non-fully participating status based on the following:

(1) Labor Code 3701.8(b)requirements;

(2) the cost of the security instruments permitted in Section 15220.2 of these regulations including any cash holdings that will make up the Default Loss Fund and/or the Excess Liability Protection Fee portions of any alternative composite deposit proposed to the Director; and

(3) the amount of the security deposit required by the Manager for each private self insured employer to secure its self insured workers’ compensation liabilities; and

(4) the private self insured employer’s credit rating or equivalent credit rating as determined by Section 15220.1 or Section 15220.3; and

(5) an amount, if needed, for the pro-rata share of incurred but not fully reported liabilities aggregated across all private self insurers; and

(6) an amount for the pro-rata share of pre-existing, unfunded defaulted liabilities of the Self Insurers’ Security Fund that will be collected for funding cash flow needs by the Pre-Existing Deposit Shortfall Fee; and

(6) other measures of each private self insured employer’s contribution to the cost of the alternative composite deposit proposed to the Director; and

(7) the amount if any, of the security deposit required to be separately posted with the Director pursuant to Labor Code Section 3701 to secure that portion of the employer's self insured workers' compensation liabilities that is not secured in the alternative composite deposit.

Adopt new Section 15220.5 to read:

15220.5 . New Self Insurers Fair Share Contribution Surcharge Fee

(a) The Self Insurers’ Security Fund Board of Trustees shall track and develop a historical, annual, schedule of cash contributions covering the initial 10 years to build the net worth of the Default Loss Fund. Future new private self insured employers shall be surcharged a fair share contribution for any years of the initial 10 years that they did not contribute to the Default Loss Fund. This initial 10 year contribution for future self insurers shall be called the "New Self Insurer Fair Share Contribution Surcharge Fee" and it shall be assessed as a surcharge in addition to any other payment required of that new private self insurer into the Default Loss Fund.

Note: The Board of Trustees of the Self Insurers’ Security Fund may calculate an average annual New Self Insurer Fair Share Contribution Surcharge Fee to even out the highs and lows surcharge fee over a period of up to 10 years.

Note: Authority Cited: Sections 3701.8 and 3702.10, Labor Code.

Reference: Section 3701.8, Labor Code.

Adopt new Section 15220.6 to read:

15220.6 Deposit Assessments; Failure to Pay; Assessment Liability.

(a) If the Self Insurers’ Security Fund Board of Trustees proposes an alternative composite deposit to the Director, it shall be binding on all private self insured employers eligible for fully participating status or eligible for non-fully participating status, as set forth in these regulations in Article 3.1 (commencing with Section 15220).

(b) Individual deposit assessment determinations, billing and collection of these individual deposit assessments from eligible private self insured employers shall be the responsibility of the Security Fund. The Self Insurers’ Security Fund shall advise the Manager in writing of any employer sent a deposit assessment that fails to pay the assessment within the time period allotted by the Self Insurers’ Security Fund.

(c) The Manager shall assess a civil penalty pursuant to Labor Code Section 3701.8(d) of not less than 10% of the amount of the deposit assessment on the private self insured employer who fails to pay the deposit assessment in the time allotted by the Security Fund Board of Trustees. In addition the to the civil penalty, the private self insured employer who fails to pay the deposit assessment in the time allotted pursuant to Labor Code Section 3701.8 shall post a separate security deposit pursuant to Labor Code Section 3701 within 30 days of notice by the Manager.

(d) Failure by any eligible private self insured employer to pay the deposit assessment in the time specified by the Self Insurers’ Security Fund Board of Trustees, or failure to post and maintain the full amount of required security deposit pursuant to Labor Code Section 3701 for 60 days, or both, shall have provided good cause for the Manager to summarily revoke the private self insured employer’s Certificate to Self Insure without hearing as set forth in Section 15210.1.

(e) The deposit assessment civil penalty assessed by the Manager pursuant to Labor Code Section 3701.8 and any unpaid portion of the deposit assessment otherwise due are obligations that are not extinguished by the employer either posting a security deposit or revocation of the employers' Certificate of Consent to Self Insure. A successful appeal pursuant to Section 15220.7 is the only means the employer has to release its obligation to pay all or any part of the deposit assessment.

Note: Authority Cited: Sections 3701.8(a) and 3702.10. Labor Code.

Reference: Section 3701.8

Adopt new Section 15220.7 to read:

15220.7 Appeals on Deposit Assessments and Appeals of Deposit Assessment Penalties

(a) Any private self insured employer assessed a deposit assessment by the Self Insurers’ Security Fund may object or appeal the calculation, posting or any other aspect of its deposit assessment to the Director as set forth in Article 11 (commencing with Section 15430 of these regulations).

Note: Labor Code Section 3701.8 (d) gives not only exclusive jurisdiction to the Director on appeals or objections concerning calculation, posting or any other aspect of the deposit assessment but also requires the private employer to pay the deposit assessment in the time frame required by the Self Insurers’ Security Fund before any objection or appeal will be considered.

(b) Any private self insured employer assessed a civil penalty by the Manager for non-payment of the deposit assessment may appeal the civil penalties resulting from such non-payment of the deposit assessment to the Director as set forth in Article 11 (commencing with Section 15430 of these regulations).

Note: Authority Cited: Sections 3701.8(a) and 3702.10, Labor Code.

Reference: Section 3701.8, Labor Code.

Adopt new Section 15220.8 to read:

15220.8 Cash Portion of Alternative Composite Deposits.

(a) The Board of Trustees of the Self Insurers’ Security Fund shall make a detailed accounting of the monies collected for each deposit assessment to the Director within 90 days of the payment due date of the assessment.

(b) After each cycle where the Self Insurers’ Security Fund collects a deposit assessment from the private self insured employers, the Board of Trustees of the Self Insurers’ Security Fund shall cause an accounting be prepared to summarize all funds collected, costs of each instrument posted as alternative composite deposit, all commissions and costs due or paid related to the alternative deposit system for that cycle, and any excess funds in cash that were left over.

(c) The cash portion of any alternative composite deposit shall be deposited with the Director.

(d) Following the purchase of any non-cash financial instruments, any excess funds collected by the Self Insurers’ Security Fund in any deposit assessment and any additional funds subsequently collected shall be posted with the Director.

(e) All such Self Insurers’ Security Fund cash deposits posted with the Director shall be held in the name of "Director of Industrial Relations In Trust For Self Insurers’ Security Fund".

(f) If the Director decides to hold and invest the Self Insurers’ Security Fund’s cash, it shall be deposited and invested in the Surplus Money Investment Fund pursuant to Labor Code Section 3702.5(b) and subject to the restrictions of use contained in Labor Code Section 3701.8. In the alternative, the Director may permit the Self Insurers’ Security Fund to hire its own funds manager and invest the deposited cash on behalf of the Self Insurers’ Security Fund outside of the State Treasury subject to the following:

(1) As a condition precedent to the Security Fund managing such funds, the Board of Trustees of the Security Fund shall adopt a cash investment policy outlining the types of investments such cash could be invested in to preserve and protect the principal.

(2) The Self Insurers’ Security Fund shall cause a quarterly report to be sent to the Manager by the funds manager on any of the Director’s cash managed by the Self Insurers’ Security Fund.

(3) None of the Director’s cash may be co-mingled with Self Insurers’ Security Fund cash and any specific investments made with the Director’s cash may not be co-mingled in the same instrument with Self Insurers’ Security Fund cash.

(4) Regardless of whether the Director or the Security Fund manages the cash posted, the funds shall remain in the name of the Director as set forth in subsection (e) above until such time as the Director may order any or all of the funds released to the Self Insurers’ Security Fund or refunded to the private self insured employers.

(g) When the Director initially turns over the compensation liabilities of a private self insured employer pursuant to Labor Code Section 3701.5 to the Self Insurers’ Security Fund and the liabilities were covered in whole or part by the cash portion of an alternative composite deposit, the Director shall also order the Manager to release enough cash to fund the payment of expected workers' compensation benefits for the remainder of the calendar year. If the amount released is inadequate, the Manager in consultation with the Security Fund shall advise the Director and request the Director to release an additional amount to fund the payment of benefits and expenses for the period.

(h) The Self Insurers’ Security Fund annually shall notify the Manager and the Director in writing of the amount of funds that it will need to operate for the next calendar year for payment of benefits due, legal and administrative expenses, or other expenses of the Self Insurers’ Security Fund that will be funded from alternative composite deposits. The Manager shall be authorized to release the cash portion of the funds to the Self Insurers’ Security Fund’s possession.

Note: Authority Cited: Sections 3701.8(a) and 3702.10, Labor Code.

Reference: Section 3701.8, Labor Code.

Amend Section 15430

15430. Hearing.

The Director may initiate an investigation or hold a hearing to implement the law and regulations with respect to the following self insurance matters:

(a) Disputes specified in Labor Code section 3701.5(g) arising between or among a surety, the issuer of an agreement of assumption and guarantee of workers' compensation liabilities, the issuer of a letter of credit, any custodian of the security deposit, a self-insured employer, or the Self-Insurers' Security Fund;

(b) Disputes between any self-insurer and the Manager involving action by the Manager to involuntarily revoke an existing certificate for cause pursuant to Labor Code section 3702;

(c) Disputes involving action by the Manager to revoke or deny issuance of a certificate to administer pursuant to Labor Code section 3702.1 and 3702.7;

(d) An appeal by a private sector self-insurer concerning the amount of the security deposit to be posted pursuant to Labor Code section 3701(b) or section 15210 of these regulations;

(e) An appeal by any self-insurer concerning any civil penalty assessment made pursuant to Labor Code section 3702.9;

(f) The appeal of an employer alleging its application for a certificate or by an administrator that its application for a certificate to administer has not been processed in a timely manner;

(g) To determine whether good cause exists to revoke any self-insurers' certificate for willful or repeat serious violations of occupational safety and health regulations as noted in Cal/OSHA citations issued by the Division of Occupational Safety and Health.

(h) An appeal by a private sector self insurer concerning the calculation, posting, or any other aspect of its deposit assessment after payment of the deposit assessment in the time provided to the Self Insurers' Security Fund and;

(i) An appeal by a private sector self insurer concerning the amount of not less than ten percent of its deposit assessment penalty for failure to pay a deposit assessment to the Self Insurers' Security Fund.

NOTE: Authority cited: Sections 54, 55 and 3702.10, Labor Code. Reference: Sections 59, 3700, 3701, 3701.5, 3702, 3702.1, 3702.5, 3702.6, 3702.7. 3702.9, 3705, and 3740-3747, Labor Code. Sections 11181-11188, 15378, Government Code.