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September 1, 2021 USRP, ERP and Miscellaneous Regulations Changes Quick Reference Guide

Table of Contents

 

Uniform Statistical Reporting Plan

Eliminated Classifications

Payroll Minimum and Maximum Changes

Additional Notable Changes
 

Experience Rating Plan

 

Miscellaneous Regulations

 

Summary of Approved Changes to the Insurance Commissioner’s Workers’ Compensation Regulations Published by the WCIRB
 

This reference guide summarizes the changes to the California Workers’ Compensation Uniform Statistical Reporting Plan—1995 (Uniform Statistical Reporting Plan), California Workers’ Compensation Experience Rating Plan—1995 (Experience Rating Plan) and Miscellaneous Regulations for the Recording and Reporting of Data—1995 (Miscellaneous Regulations) approved by the Insurance Commissioner to be effective September 1, 2021 and September 1, 2022. This reference guide was created by the WCIRB as a convenience for its member insurers, agents and brokers, policyholders and others to provide an overview of notable amendments; it does not contain a description of all approved changes to the plans. It is not an official regulation and does not bear the official approval of the California Department of Insurance.

For more details and information on all changes, please view the WCIRB’s September 1, 2021 Regulatory Filing in the Filings and Plans section of the website, or click on the following links to view the actual plans:
 

Eliminated Classifications

Classification Eliminated Classification(s) to Which Operations Described by the Eliminated Classification Are Reassigned
5040(2), Bridge Building 5040, Iron or Steel Erection – structural
5102(3), Floor Installation 5102, Iron, Steel, Brass, Bronze or Aluminum Erection – non-structural
5057, Iron or Steel Erection – N.O.C. 5102, Iron, Steel, Brass, Bronze or Aluminum Erection – non-structural
5059, Iron or Steel Erection – structural 5040, Iron or Steel Erection – structural
5040(3), Painting – steel structures or bridges 5040, Iron or Steel Erection – structural
8110, Stores – welding supplies 8010, Stores – hardware, electrical or plumbing supplies

Learn about the changes to the iron or steel erection classifications in the following 8-minute video:

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Payroll Minimum and Maximum Changes

Code Phraseology Payroll
Minimum
Payroll
Maximum
N/A Executive Officers, Partners, Individual Employers and Members of a Limited Liability Company $55,900 $144,300
9181* Athletic Teams or Athletic Facilities – players, umpires, referees and game officials N/A $144,300
7607(2) Audio Post-Production N/A $144,300
8803 Auditing, Accounting or Management Consulting Services N/A $144,300
8859(1) Computer Programming or Software Development N/A $144,300
8859(2) Internet or Web-Based Application Development or Operation N/A $144,300
8820 Law Firms N/A $144,300
8743 Mortgage Brokers N/A $144,300
9610* Motion Pictures – production N/A $144,300
7610* Radio, Television or Commercial Broadcasting Stations N/A $144,300
8039 Stores – department stores – retail $1,200,000 N/A
7365 Taxicab Operations $39,700 N/A
9156* Theaters – dance, opera and theater companies N/A $144,300
9151* Theaters – musical entertainment N/A $144,300
7607(1) Video Post-Production N/A $144,300

* Please refer to each classification phraseology for information concerning the application of payroll maximums to specific employees.

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Additional Notable Changes to the Uniform Statistical Reporting Plan

Effective September 1, 2021

Part 3, Section III, General Classification Procedures, Rule 3, Multiple Enterprises, was amended to clarify the rules and definitions applicable to operations that constitute Multiple Enterprises to facilitate consistent outcomes and better align with the objectives of the Standard Classification System.

Learn about the Multiple Enterprises Rule changes in the following 6-minute video:

 

Part 4, Section II, Definitions, Rule 12, Final Premium(s), was amended to clarify in the example that premium charges related to Coronavirus 2019 (COVID-19) are included in the reported Final Premium for policies incepting on or after January 1, 2021 with a required date of reporting on or after September 1, 2022.

Effective September 1, 2022

Individual employees’ annual payroll in the classifications listed below will be subject to the USRP annual payroll limitation. These changes will take effect September 1, 2022 to allow the WCIRB time to conduct an outreach and education program and to refine the calculation of the appropriate pure premium adjustment to reflect the reduction in reported payrolls due to the limitation.

  • 8808, Banks
  • 8801, Credit Unions
  • 8601(1), Engineers
  • 8601(4), Forest Engineers
  • 8822, Insurance Companies
  • 8749, Mortgage Bankers
  • 8601(2), Oil or Gas Geologists or Scouts
  • 8741, Real Estate Agencies

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Experience Rating Plan

Effective September 1, 2021

Section III, Eligibility and Experience Period, Rule 1, Eligibility Requirements for California Workers’ Compensation Insurance, was amended to adjust the eligibility threshold from $9,900 to $9,500 to reflect wage inflation and the proposed September 1, 2021 expected loss rates.

The Ownership rules were amended to:

  • Include grandmother and grandfather in the definition of “Immediate Family”
  • Clarify Section IV, Rule 1, Change in Status (Ownership, Operations and Employees), and Rule 2, Combination of Entities
  • Move the “Change in Ownership” definition from Section II, Definitions, to Section IV, Rule 1

Table I, Expected Loss Rates and D-Ratios, and Table II, Primary Thresholds, were amended to reflect the most current data available.

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Miscellaneous Regulations

Effective September 1, 2021

Part 2, Workers’ Compensation Forms and Coverage, Section II, Conformity with Insurance Code and California Code of Regulations, was amended to include policy requirements consistent with Insurance Code Section 381.

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