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PA Bulletin, Doc. No. 23-952



Pennsylvania Compensation Rating Bureau; Workers' Compensation Loss Cost Filing

[53 Pa.B. 3805]
[Saturday, July 15, 2023]

 On June 23, 2023, the Insurance Department received from the Pennsylvania Compensation Rating Bureau (Bureau) a filing to revise its experience rating plan for workers' compensation insurance. The filing was made in accordance with section 709(c)(1)(iv) of the Workers' Compensation Act (77 P.S. § 1035.9(c)(1)(iv)).

 The filing proposes an April 1, 2024, effective date for both new and renewal business and includes revisions to the following:

 • The eligibility criteria, which, if approved, will result in more employers qualifying for the experience rating plan.

 • Various parameters used in the experience rating plan including the re-introduction of variable split points, which vary by the size of the employer, and function as a per accident maximum limit for the actual primary losses used in the experience rating plan's algorithm.

 • The annual caps that apply to changes to an individual employer's experience rating modifier (E-Mod):

 ○ Currently, there are two mechanisms that cap an employer's E-Mod: 1) a ± 25% cap that applies to the annual change in an employer's E-Mod; and 2) a secondary ''cap'' that sets an employer's E-Mod at 1.000 if it would have been less than 1.000 if not for the application of the −25% cap. These caps are being eliminated, although they will continue to apply through a ''transition period'' until March 31, 2026.

 ○ Replacing the previously-mentioned existing caps are: 1) A formula-based maximum E-Mod that will vary based on the expected losses of an individual employer (meaning that smaller employers will generally have lower maximum E-Mod). This new cap will begin to apply on April 1, 2024, in conjunction with the current capping rules; and 2) A +40% cap that applies to the annual change in an employer's E-Mod. This new cap will begin to apply on April 1, 2026, after the transition period ends.

 The entire April 1, 2024, experience rating plan filing is available for review on the Bureau's web site at by clicking on ''Industry Resources,'' then ''Filings.''

 Interested parties are invited to submit written comments, suggestions or objections by means of e-mail to Eric Zhou, Insurance Department, Office of Insurance Product Regulation,, within 30 days after publication of this notice in the Pennsylvania Bulletin.

Insurance Commissioner

[Pa.B. Doc. No. 23-952. Filed for public inspection July 14, 2023, 9:00 a.m.]

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