OAR 836-042-0080
Rate Filing Requirements and Standards

An insurer that issues a policy for worker’s compensation insurance including a large deductible provision must use a provision which satisfies requirements of OAR 836-054-0210 (Required Content of Large Deductible Provisions) and has been approved by the Director and must file rating plans for determining premium credits or rating modifications with the Director according to ORS 737.320 (Review of certain filings) and OAR 836-042-0001 (Statutory Authority; Purpose and Effective Date) to 836-042-0045 (Workers’ Compensation Statistical Plan) and which satisfy these additional requirements:

(1)

Such rating plans must be based on actuarial assumptions and methods similar to and not circumventing the design of retrospective rating plans approved by the Director.

(2)

A deductible credit or rating modification must be the final rating step so that the insurer may distinguish the amount of credit or modification premium and the policy premium prior to the credit or modification. An insurer may compute premium discounts based on premium amounts after deductible credits if the insurer can demonstrate that greater premium equity is achieved and that data distinguishing the various premium elements will be maintained.

(3)

Such rating plans may not contain provisions which cannot be approved under the unfair discrimination provisions of OAR 836-042-0025 (Workers’ Compensation Filings Standards for Unfair Discrimination).

(4)

A deductible credit or rating modification must recognize expenses which vary with net earned premium after such credits or modifications

(5)

Prospective experience rating plans based on prior claims experience must use losses valued on a gross basis prior to deductible provisions.

(6)

Large deductible rating plans may not be applied to rating groups approved under OAR 836-042-0201 (Statutory Authority; Purpose; Effective Date) to 836-042-0225 (Criteria for Grouping; Criteria for Substantially Similar Occupations Within Organization; Open Enrollment Required).

(7)

Minimum eligibility for a large deductible provision must be not less than $500,000 estimated country-wide annual premium prior to large deductible credits or premium credits based on premium size. The minimum deductible limit per claim for each injury or illness may not be less than $75,000. An aggregate limit for deductible amounts for all claims may be specified but may not be less than the deductible limit per claim.

Source: Rule 836-042-0080 — Rate Filing Requirements and Standards, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-042-0080.

836–042–0001
Statutory Authority 836–042–0005
Definitions 836–042–0015
Workers’ Compensation Filings — Procedural Rules for Insurers and Rating Organizations 836–042–0020
Insurers Must Demonstrate Statistical Reporting Ability 836–042–0025
Workers’ Compensation Filings Standards for Unfair Discrimination 836–042–0035
Workers’ Compensation Policy Forms Filings by Insurers 836–042–0040
Statutory Authority 836–042–0043
Definition 836–042–0045
Workers’ Compensation Statistical Plan 836–042–0050
Statutory Authority 836–042–0055
Definitions, Payroll Inclusions and Exclusions 836–042–0060
Conditions for Division of Payroll of Individual Employees 836–042–0070
Statutory Authority and Purpose 836–042–0075
Definitions 836–042–0080
Rate Filing Requirements and Standards 836–042–0085
Statistical Data Maintenance and Reporting Requirements 836–042–0090
Trade Practices Found Injurious to the Insurance-Buying Public 836–042–0100
Statutory Authority and Purpose 836–042–0105
Definitions 836–042–0110
Rate Filing Requirements 836–042–0115
Trade Practices Found Injurious to the Insurance Buying Public 836–042–0201
Statutory Authority 836–042–0205
Definitions 836–042–0210
Rating Plans for which Employers May Be Combined 836–042–0215
Consent to Group Rating Required Before Policy Issuance 836–042–0220
Filing Requirements and Procedural Rules 836–042–0225
Criteria for Grouping 836–042–0300
Statutory Authority 836–042–0302
Definitions 836–042–0304
Fictitious Arrangement Prohibited 836–042–0306
Premium Rates 836–042–0308
Statistics 836–042–0310
Producers 836–042–0312
Compulsory Participation Prohibited 836–042–0314
Tie-In Sales Prohibited 836–042–0316
Disclosure Required 836–042–0318
Underwriting Standards 836–042–0320
Cancellation and Non-Renewal 836–042–0322
Compulsory Facilities 836–042–0400
Statutory Authority 836–042–0405
Definitions 836–042–0410
Commercial Risks 836–042–0415
Day Care Facilities 836–042–0420
Anniversary Filings 836–042–0425
Statistics 836–042–0430
Disclosure Required for Day Care Facilities 836–042–0501
Statutory Authority 836–042–0505
Definitions 836–042–0510
Rates, Rating Plans System — Prior Review 836–042–0512
Specified Commercial Liability Markets 836–042–0515
Commercial Liability Filings — Procedural Rules for Insurers and Rating Organizations 836–042–0520
Supporting Data
Last Updated

Jun. 8, 2021

Rule 836-042-0080’s source at or​.us