- 1. “Act” means the Arizona Workers’ Compensation Act, A.R.S. § 23-901 et seq.
- 2. “Administrator” means an individual or organization designated by a Self-Insurance Pool Board to manage the daily operations of a Self-Insurance Pool.
- 3. “Agreement to Process and Pay” means a written agreement that requires an entity to process and pay or guaranty the payment of another entity’s liabilities.
- 4. “Applicant” means an entity or pool seeking initial or renewal authority to self-insure for workers’ compensation, a Self-Insurance Pool seeking to add a new member, or a Self-Insurer seeking to Self-Administer.
- 5. “Authorization Date” means the date designated by the Commission on which self-insurance authority begins.
- 6. “Basic Premium Factor” means a factor used in the Retrospective Rating Plan formula to represent expenses of the Self-Insurer, such as acquisition, audit, administration, and profit or contingencies, but not taxes.
- 7. “Cash Flow Ratio” means a numerical relationship that reflects an entity’s ability to meet current financial obligations out of cash flow and is calculated as follows: (cash flow from operations) divided by (current liabilities).
- 8. “Claim” or “claim” means a workers’ compensation claim.
- 9. “Deviation Rate” means the rate applied to the Manual Premium to calculate a discount from the Manual Premium.
- 10. “D-Ratio” means a factor used in the Ex-Medical Plan that reflects the ratio of primary expected losses and total expected losses.
- 11. “Division” means the self-insurance office of the Commission.
- 12. “Ex-Medical Plan” means a method of determining the premium upon which taxes are calculated that provides for rate revisions based upon the Self-Insurer operating a medical facility with a program for providing medical, surgical, or hospital services to a majority of the Self-Insurer’s employees that complies with the requirements of A.R.S. § 23-1070.
- 13. “Experience Modification Rate” means a ratio comparing actual losses to expected losses based on a formula determined by an approved Rating Organization or the Commission.
- 14. “Fiscal Year” or “fiscal year” means a 12-month financial or accounting period.
- 15. “Fixed Premium Plan” means a method of determining the premium upon which taxes are calculated in which neither losses nor incurred loss reserves are used for the net taxable premium calculation.
- 16. “Guaranteed Cost Plan” means a method of determining the premium upon which taxes are calculated that provides for a direct relationship, on an annual basis, of the premium for tax purposes and the Experience Modification Rate developed to reflect the loss payment and incurred loss experience of the Self-Insurer.
- 17. “Local Government Investment Pool” means a pooled investment fund operated by the Arizona State Treasurer according to A.R.S. § 35-326.
- 18. “Loss Conversion Factor” means a factor used in the Retrospective Rating Plan formula that is used to cover unallocated claims and the costs of the Self-Insurer’s claims services.
- 19. “Manual Premium” means the aggregate payroll by individual Payroll Classification Code multiplied by the Payroll Classification Rate.
- 20. “Member” or “member” means an employer described in A.R.S. §§ 11-952.01, 15-382 23-961.01, or 41-621.01 that has joined with other employers to operate a Self-Insurance Pool.
- 21. “Parent Company” means a company that has sufficient ownership in another entity (the Subsidiary) to have control, directly or indirectly, of the Subsidiary.
- 22. “Payroll” or “payroll” means the total wages and salaries paid by an employer.
- 23. “Payroll Classification Code” means a four-digit numerical code assigned by a Rating Organization or the Commission to differentiate between the various job duties or scope of work performed by employees.
- 24. “Payroll Classification Rate” means a rate assigned to an individual Payroll Classification Code by a Rating Organization or the Commission.
- 25. “Public Entity” means an individual employer that is a state, county, municipality, school district, or any other entity with taxing authority.
- 26. “Public Entity Pool” means a workers’ compensation pool organized under A.R.S. §§ 11-952.01, 15-382, or 41-621.01.
- 27. “Public Entity Trust Fund” means an internal service fund or sub-fund dedicated to workers’ compensation or risk management established by a Public Entity from which money is used to pay workers’ compensation claim liabilities and expenses.
- 28. “Rating Organization” means an entity that meets the requirements of A.R.S. § 20-363 and is approved by the Department of Insurance and Financial Institutions to establish rates, codes, and formulas used to calculate workers’ compensation premiums.
- 29. “Renewal Date” means the date designated by the Commission by which a renewal application shall be filed with the Division.
- 30. “Reserves” or “reserves” means an amount of money that is set aside to satisfy the financial and legal obligations associated with a workers’ compensation claim or group of claims.
- 31. “Resolution of Authorization” means a document issued by the Commission that grants authority to self-insure for purposes of workers’ compensation.
- 32. “Retrospective Rating Plan” means a method of determining the premium upon which taxes are calculated that provides for a relationship between the premiums for tax purposes, the Experience Modification Rate developed to reflect the loss payment and incurred loss experience of the Self-Insurer, and the actual incurred losses for the tax year.
- 33. “Security” or “security” means any financial instrument authorized by R20-5-1521 through R20-5-1524, or appropriate documents renewing, amending, or continuing any of these.
- 34. “Self-Administer” means the process under which a Self-Insurer administers its own claims, once approved by the Division.
- 35. “Self-Insurance Pool” means a Public Entity Pool or Similar Industry Pool.
- 36. “Self-Insurance Pool Board” means a body of individuals that directs a Self-Insurance Pool according to R20-5-1527.
- 37. “Self-Insurer” means an entity authorized by the Commission to self-insure for workers’ compensation and may include a Public Entity, an individual private employer under A.R.S. § 23-961(A)(2), a Public Entity Pool, or a Similar Industry Pool.
- 38. “Similar Industry Pool” means a pool with members in similar industries as authorized by A.R.S. § 23-961.01.
- 39. “Subsidiary” means an entity of which a Parent Company has sufficient ownership to have control, directly or indirectly.
- 40. “Third-Party Administrator” means an organization that processes workers’ compensation claims for a Self-Insurer.
- 41. “Workers’ Compensation Pool Loss Account” means an account or sub-account in the Workers’ Compensation Pool Operations Account established by a Self-Insurance Pool from which money is used to pay workers’ compensation claims, liabilities, and expenses.
- 42. “Workers’ Compensation Pool Operations Account” means an account or sub-account into which premiums, investment proceeds, and other revenues are deposited for purposes of a Self-Insurance Pool.
In addition to the definitions provided in A.R.S. § 23-901, the following definitions apply to this Article:
Historical Note
New Section made by final rulemaking at 28 A.A.R. 3435 (October 28, 2022), with an immediate effective date of October 5, 2022 (Supp. 22-4).