Making your large deductible workers’ compensation program significantly better
High Deductible Retained Layer Statutory Workers’ Comp Business Excess Insurance $250,001 $250,000 $0 $1,000,000 $999,999
3 Disadvantages 1.No tax deduction for retained risk 2.LoC with after-tax dollars 3.Volatility
Risk Management Tax Savings Cash Flow
93% 91% 93% 83% 92% $3M - $7M Over 10 years
AEX Captive Unrelated Risk Direct Premiums
Captive Operating Company AEX Captive Invest Assets Captive Owner Dividends Liquidation Risk Pay losses StocksBondsOther
A valid captive requires “Risk Distribution” Risk distribution is a spreading of risk that allows the insurer to reduce the possibility that a single costly claim will exceed the amount available to the insurer for the payment of such a claim.
Multiple Subsidiaries Unrelated Risk Sub Business Captive Unrelated risk
High Deductible Retained Layer Business Excess Insurance $250,001 $250,000 $0 $1,000,000 $999,999 AEX Pooling $100,001 $100,000 Statutory Workers’ Comp
AEX (Trust Account) Total Premium = $18 $9 $6 Premium $3 x $18 = $18 $6 x $18 = $18 $9 x $18 = $18 Quota Share % X Premium Quota Shared Premium Unrelated Premium $1.00 $1.50 $1.00 $2.00 $3.00 $1.50 $3.00 $4.50 $9 $6 $3 $0.50 Captive
AEX
Captive Virtual Pool
Criteria 1.Minimum $400,000 Loss Pick 2.Cash Flow
Frequency layer = predictable 125% cap Retrospective adjustment Protections
Expected: $1mLosses in PoolAEX
Settlement Policy year
Claims Administrator AEXCaptive
Solutions 1.Tax deduction for retained risk 2.LoC with pre-tax dollars 3.Reduced Volatility
Expected: $1mLosses in PoolAEX
Captive LOC Collateral Funded with after tax dollars Funded with pre-tax dollars
AEX Captive Unrelated Risk Direct Premiums Prior year’s retained risk (any line) Load charge for captive Other types of insurance (GL, auto, E&S) Excess work comp layer (e.g., 150 x/s 100)
Safe HarborIndustry
Already take tax deduction Need a captive Don’t disrupt existing high deductible program AEX is an “overlay” Share risks with others? Sharing is in frequency layer Black Swan event? Excludes risks >125% expected loss pick IRS approval? IRS has approved similar arrangements Objections? Answers
Cost AEX Service Cost 0 -$2M: 6% of AEX premiums $2M-$4M: 3% Above $4M: 1% Minimum annual service fee of $30,000 Captive Management
Participation Criteria Large Deductible or SIR Program Minimum $400,000 Loss Pick in AEX Layer Cash Flow
Submission Criteria 5 Years Loss/Exposure Data
Next Step Karl Huish Zeb Holt (480) (630)
Section 831(b) Captive Solution $1.2M annual premium Taxed only on investment income (C corp rates) Shareholders Captive Business Basic Captive Diagram Insurance Premiums Insurance Coverage
Insured Risk Workers Comp ● Property ● Auto ● General Liability Uninsured Risk Deductibles Exclusions Operating Risks A/R Concentration Construction Defect Credit Default Disability Administrative Actions D & O / E & O Legal Defense Reimburse Mold and Pollution Product Warranty Hidden Risks
1. Insurance Risk 2. Operate as an insurance company 3. Risk shifting and risk distribution Tax Law and Captives
Ownership Options Captive Shareholders Family Key Employees Estate Plan Trust Parent Company