The Board proposes the rule amendment to remove duplicate information from the rule text which is already in the associated form.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Employee Leasing Companies

Rule No.: RULE TITLE
61G7-10.0012: Workers' Compensation Liability Statement
PURPOSE AND EFFECT: The Board proposes the rule amendment to remove duplicate information from the rule text which is already in the associated form.
SUMMARY: Duplicate information that is already in the associated form will be removed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rule will not have an adverse impact on small business.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 468.522, 468.524(2), 468.525(3), 468.526, 468.530(3), 468.531 FS.
LAW IMPLEMENTED: 468.525(3)(e), 468.529 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Morrison, Executive Director, Board of Employee Leasing Companies, 1940 North Monroe Street, Tallahassee, Florida 32399-0783

THE FULL TEXT OF THE PROPOSED RULE IS:

61G7-10.0012 Workers’ Compensation Liability Statement.

Each audited or reviewed financial statement submitted to the Board pursuant to Section 468.525(3)(e), F.S., and Rules 61G7-5.0031 and 61G7-5.0032, F.A.C., shall include a statement, signed by the chief executive officer (CEO) and chief financial officer (CFO) of the employee leasing company as well as the independent certified public accountant (CPA) auditing or reviewing the financial statement, in substantially one of the following forms:

(1) For the period(s) represented in the attached financial statements, we had a guaranteed cost policy for workers’ compensation provided by an admitted insurance carrier licensed to do business in the State of Florida. This policy does not have a deductible feature or other retention and is not subject to additional premium or assessment on the basis of claims and loss experience. We have no financial exposure to workers’ compensation insurers with respect to policies covering prior periods. Thus, we have no additional liability for workers’ compensation that must be presented on our financial statements.

Year End: __________
Signed: ____________	___________________
CEO	CFO
Date: _____________	Date: ______________

 

Acknowledgment by independent accountants:

We have examined the above assertion made by management of (employee leasing company) in connection with workers’ compensation liability as of _______. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included such procedures as we considered necessary in the circumstances.

In our opinion, the assertion represented by management referred to above fairly presents, in all material respects, the workers’ compensation liability as of_________in accordance with generally accepted accounting principles.

______________	______________
CPA	Date
Or,

 

(2) Workers’ compensation constitutes a very significant cost in the operation of an employee leasing company. Many employee leasing companies choose to provide workers’ compensation coverage through insurance arrangements that may involve certain retention of risks.

The determination of an appropriate accrual that adequately reflects the cost retained by the employee leasing company is essential to the fair representation of the employee leasing company’s financial position and results of operation for the reporting period, in accordance with generally accepted accounting principles.

Ultimate costs for workers’ compensation must include a reserve for loss development and a provision for incurred but not reported claims, as determined through the utilization of a variety of generally acceptable actuarial methodologies.

We hereby represent that our financial statements’ accrual for workers’ compensation is based upon a methodology that accounts for loss development and incurred but not reported claims for the period covered by the attached financial statements, and for all prior periods for which we may have continued financial exposure, as follows:

(a) through (c) No change.

(d) Through other methodologies described in detail on Exhibit A hereto, resulting in a loss development factor of ________, which our independent accountants consider adequate to enable them to express an opinion on the financial statements as required by Section 468.525(3)(e), F.S., and Rules 61G7-5.0031 and 61G7-5.0032, F.A.C.

	Year End: __________
Signed: ______________	______________
CEO	CFO
Date: ____________	Date: ____________

 

Acknowledgment by independent accountants:

We have examined the above assertion made by management of (employee leasing company) in connection with the methodology used in determining workers’ compensation liability as of ________. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included such procedures as we considered necessary in the circumstances.

In our opinion, the assertion represented by management referred to above presents the methodology used in determining workers’ compensation liability as of __________, which fairly presents, in all material respects, the workers’ compensation liability in accordance with generally accepted accounting principles.

______________	______________
CPA	Date

 

Rulemaking Specific Authority 468.522, 468.524(2), 468.525(3), 468.526, 468.530(3), 468.531 FS. Law Implemented 468.525(3)(e), 468.529 FS. History–New 1-17-99, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Employee Leasing Companies
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Employee Leasing Companies
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 17, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 30, 2010