WAC 296-17-90409

New group - Requirements

To sponsor a new retro group after July 25, 1999

You must:

  • Have an L&I industrial insurance account and the account must be in good standing at the time of enrollment.
  • Be an organization with dues paying members.
Note: This requirement is intended to provide a distinction between a business enterprise with clients not permitted to sponsor a retro group and an organization with members that can sponsor one or more retro groups. We recognize that some organizations may be funded through member donations and not dues. If your members do not pay dues, you must provide L&I a written confirmation of this fact when you send in your signed and completed group application.

  • Provide L&I with copies of your organization's articles of incorporation, bylaws and marketing/membership applications or similar material.
Note: This information is to be submitted with your completed group application.

  • Be formed for purposes other than:
    • Obtaining or offering insurance coverage or insurance related services.
Note: In addition to these prohibitions, an insurer, insurance broker, insurance agent or insurance solicitor may not participate in the formation of a retrospective rating group; or sponsor a retrospective rating group. Since enhancement of workplace safety for the group is a principal requirement of retro, an organization that offers services primarily related to risk management, safety, loss control or claims administration will be deemed to be set up for the sole purpose of participating in retro and will not qualify to sponsor a retro group.

    • Sponsoring a retro group and participating in L&I's retrospective rating program.
Note: We will verify the purpose(s) of the organization from the information contained in the articles of incorporation, bylaws, contracts and/or advertising material of the organization and contacts with other state agencies.

  • Have been in existence for at least four years prior to sponsoring a retro group.
  • Submit a written workplace safety and accident prevention plan to L&I.
Note: The written safety plan must demonstrate to L&I's satisfaction that formation of the group will substantially improve workplace safety and accident prevention for the group members. The safety plan must be tailored to the business/industry of the group members and include an evaluation of the group members' past claims.

  • Cooperate with L&I's claims management activities.
  • Obey L&I laws, rules and regulations.
  • Complete an Application for Group form and send it to L&I.
Note: When you complete this application, you will need to select the single industry or business category that will be applicable to your group, the maximum premium ratio and plan (A, A1, A2, A3 or B) that will apply to the group for the coverage period. You should consider the benefits and risk of each plan and maximum premium ratio in making this selection. Plan and maximum premium ratio choices cannot be changed after the deadline listed below.

Coverage Period Received by
Jan 1 through Dec 31 October 31
Apr 1 through Mar 31 January 31
Jul 1 through Jun 30 April 30
Oct 1 through Sep 30 July 31

Example: View the Application for Group form.

  • Send us a cover with letter on your organization's letterhead that lists the documents being enclosed and that the information contained in the documents is accurate as of the date of submittal.
Sample Letter
Sponsoring Organization
XXX NE 12th Street
Seattle, Washington

Department of Labor & Industries
Retrospective Rating Program
PO Box 44180
Olympia, WA 98504-4180

Enclosed you will find the following documents:
  • Application for Group.
  • Articles of Incorporation and marketing material.
  • Group Safety Plan.
The information accurately reflects the purpose of our organization and is being provided as part of the application process required of all new retro groups.If you have questions or need other information, feel free to call me.

Sincerely,

Tom Doe
Executive Director

Note: The new group information must be received in our Tumwater office by 5:00 p.m. (Pacific time) on the due date.

Our responsibility

Upon receipt of the required information

We will:

  • Notify you in writing of any deficiency in your workplace safety and accident prevention plan.
  • Determine if your organization is qualified to sponsor a new retro group and notify you of our decision.

[Statutory Authority: RCW 51.18.010(1) (www.leg.wa.gov). 02-23-089, § 296-17-90409, filed 11/20/02, effective 1/1/03. Statutory Authority: RCW 51.18.010 (www.leg.wa.gov)(2). 01-23-058, § 296-17-90409, filed 11/20/01, effective 1/1/02. Statutory Authority: RCW 51.18.010 (www.leg.wa.gov). 00-11-060, § 296-17-90409, filed 5/12/00, effective 7/1/00.]

Important! This rule applies to retro coverage period(s) established prior to January 1, 2011.

The courts can take judicial notice of the Washington Administrative Code (WAC) only as published by the Office of the Code Reviser (www.leg.wa.gov). The text contained in this Web page may reflect minor changes when compared with the WAC.

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