HomeMy WebLinkAboutMMIAMontana Municipal Insurance Authority
November 25, 2002
Mary Embieton
City Clerk-Treasurer
City of Laurel
PO Box 10
Laurel MT 59044
NOV 2 7 2C02
CITY OF I..,AUREL
Re: Requested Approval of Revised and Restated Program Agreement(s)
To Permit Parlicipation in Interstate Group Reinsurance and Excess Insurance
Program
URGENT ACTION REQUESTED
Dear Ms. Embleton:
This is to request that your City/Town Council consider and approve a resolution
authorizing the City/Town to execute an Amended Revised and Restated Program
Agreement for either the Liability or Workers' Compensation Programs, or both if your
entity participates in each Program. This action will permit the MMIA to participate in an
interstate group reinsurance and excess insurance program. The Board of Directors of
the MMIA believes that participation in GEM, the Government Entities Mutual, Inc., will
result in cost savings to the MMIA and its members compared to the cost of purchasing
reinsurance and excess insurance from the commercial market. However, the MMIA
may not participate in GEM unless the Program Agreement is amended to specifically
authorize such participation. Moreover, the MMIA's current reinsurance policy for FY
02/03 must be renewed before January 1,2003. In order to take advantage of any cost
savings from participation in GEM, the MMIA needs approval of the Pro.qram
Agreement before December 3'I, 2002.
Enclosed with this letter are several documents:
1. A summary of GEM in question and answer format,
Draft resolutions, which you may use in this form or modify as you see fit,
are attached.
A "red lined" copy of the current Program Agreement which shows all the
proposed changes.
A final copy of the new Program Agreement for your execution after
favorable action by your Council.
P.O. Box 6669, Helena, Montana 59604-6669 (406) 443-0907 In MT: 1-800-635-3089 Fax (406) 449-7440
We apologize for providing you these documents on short notice. While the
MMIA Board and staff have been working on this proposal for over a year, the
quotations for estimated premiums for 2003 have only recently become available. As a
result, the Board at its meeting on November 22, 2002 for the first time was able to
make a final determination that there would be specific, immediate short term benefits
to the MMIA's participation in GEM.
Because time is of the essence, if you have any questions about the
amendments, the GEM program, or anything else related to this request, please do not
hesitate to contact either Alan Hulse or me.
Once your governing body has taken the indicated action, please return the
signature page, with original signatures, for each Program Agreement to the
MMIA as soon as possible. We must receive these signature pages before
December 30, 2002.
Thank you for your prompt attention to this matter.
Sincerely,
Bob Worthington
CEO
Att:
O:\VWilham\GEM\GEM MernbershipApprovalLtrNov2002.doc
QUESTIONS AND ANSWERS CONCERNING PARTICIPATION
OF MMIA IN GOVERNMENT ENTITIES MUTUAL, INC. (GEM)
What is GEM?
The MMIA has been participating in a group purchase entity, the National Public Entities
Excess (NPX), to access markets for our reinsurance for a number of years. As it became
more difficult to obtain excess and reinsurance, the members of NPX determined it was in
the best interest of the members to develop a captive insurance company. Government
Entities Mutual, Inc. (GEM) will be a captive insurance organization that will provide excess
and/or reinsurance markets for its members. GEM will provide aportion of the coverage and
reinsure the remaining portions. This will allow GEM members to more readily and
economically obtain reinsurance.
Who will be participating in GEM?
Along with the MMIA, various public entity pools from around the United States will be
participating in GEM. These include Delaware Valley Insurance Trust (DVIT), Illinois Park
District Risk Management Agency (PDRMA), Virginia Transit Liability Pool (VTLP), New
Hampshire Public Risk Management Exchange (PRIMEX), Washington Government Entity
Pool (WGEP), Washington State Transit Insurance Pool (WSTIP), Washington Cities
Insurance Authority (WCIA), Wisconsin Municipal Insurance Company (WM/C), Miami
(Ohio) Area Risk Insurance Trust (MARCIT), and Texas School Boards Association
(TASB). It is anticipated that these agencies will be initial participants in GEM, with a
significant number of pools stating an intent to participate as their insurance coverage renews
during the coming year.
Why did the MMIA become interested in GEM?
Prior to September 11,2001, the MMIA had begun to look at alternatives to provide excess
insurance and reinsurance at more affordable rates than the commercial market. After
September 11,2001 the reaction of the commercial markets made it all the more appropriate
to pursue options for the benefit of Montana cities and towns. As noted above, GEM is
being formed by many of the same local government pooled programs who are participants in
NPX, who all have the same concerns for their respective programs; namely, to provide
affordable and consistent excess and reinsurance policies.
What will it cost for the MMIA to participate in GEM?
The MMIA will need to make a premium deposit inthe amount of $500,000.00 inthe GEM
account. This amount will come on a pro rata basis from both the Liability and Workers'
Compensation Programs, with the shares determined by the amount of annual premium paid
by each program to GEM. In addition to this deposited amount, annual premiums will be
charged to MMIA for excess or reinsurance for our Liability and Workers' Compensation
..
Programs.
What will be the benefits to participation?
The principal benefit to the MMIA is that reinsurance or excess insurance will be provided
for each of our programs from a dependable source at more affordable rates. Because GEM
will self-insure the first $1 million of reinsurance for each of our programs, that layer of
coverage will be provided directly by the pooled program. Reinsurance coverage above that
layer will be procured from the commercial markets with the advantage of the group
purchasing power of all GEM participants.
In addition, if the GEM program proves to be successful, the founding members, of which
the MMIA would be one, would be eligible for a return of all or a portion of the premium
deposit, depending upon the success of the program and the continuing actuarially
determined needs of GEM.
What risks are involved in participation?
Perhaps the easiest way to assess GEM is to look at the MMIA. The MMIA was formed in
1986 to pool the exposures of Montana cities and towns. All participants provided capital for
the development of MMIA and assumed the risks associated with its growth and
development. Each member has subsequently enjoyed the Programs success. GEM is a
captive insurance organization that allows very similar benefits to the participating
government pools.
The single largest risk is the potential for several calls upon the first $1 million of GEM
coverage which requires each member to make additional premium deposits. To help offset
against this risk, each of the MMIA's programs will cross-indemnify the other, so that if the
losses which necessitate a call for an additional premium deposit comes from liability claims,
for example, then the MMIA's Liability Program would be required to make the additional
contribution to the surplus account. Conversely, if the losses came from workers'
compensation coverage, the MMIA's Workers' Compensation Program would be required to
meet the call.
In an extreme case, if the GEM program became insolvent, the IvlMIA would lose its
premium deposit.
Finally, if the MMIA decided to withdraw from the GEM program for any reason, there are
limitations contained in the GEM membership agreements on how quickly any remaining
premium deposit would be refunded. Participation in GEM has therefore been considered by
the MMIA Board to represent a long-term commitment.
What will MMIA do if the MIVlIA's members do not authorize participation in GEM?
MMIA will continue to do what it has done for the past several years in procuring excess and
2
reinsurance coverage; namely, shop the commercial market.
What cost savings does the MMIA expect in its first year of participation in GEM.
In the first year, MMIA expects to pay approximately $140,000 for liability reinsurance and
$250,000 for workers' compensation reinsurance. For the current year, the MMIA is paying
$175,000 and $285,000, respectively. Preliminary quotations for the next policy years
suggest increases of 20 to 40% above current premiums. Of course, savings for tlfis first year
do not constitute a guarantee of savings in any future year. However, the MMIA Board
believes that the benefits of a group purchasing pool should result in continued savings in
future years.
What do the Amendments to the Program Agreements provide?
The principal changes are designed to authorize participation in a group excess or
reinsurance program. In the case of the Workers' Compensation Program, specific
authorization is required to clarify that participation in GEM will not violate the prohibition
against the commingling of Workers' Compensation funds with any other program's assets.
In addition, changes were made to update the Program Agreements in terms of a change in
title of the CEO and other manuscript changes to incorporate in one set of new documents
various amendments previously made to the Workers' Compensation Program Agreement
and reflect the passage of time since the issuance of the bonded indebtedness of each
Program.
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