87.4 - GROUP AND SELF-INSURED PLANS -- TAX EXEMPTION -- PLAN APPROVAL.

        87.4  GROUP AND SELF-INSURED PLANS -- TAX EXEMPTION --
      PLAN APPROVAL.
         1.  For the purpose of complying with this chapter, groups of
      employers by themselves or in an association with any or all of their
      workers, may form insurance associations as hereafter provided,
      subject to such reasonable conditions and restrictions as may be
      fixed by the insurance commissioner; and membership in such mutual
      insurance organization as approved, together with evidence of the
      payment of premiums due, shall be evidence of compliance with this
      chapter.
         2.  A self-insurance association formed under this section and an
      association comprised of cities or counties, or both, or the
      association of Iowa fairs or a fair as defined in section 174.1, or
      community colleges as defined in section 260C.2 or school
      corporations, or both, or other political subdivisions, which have
      entered into an agreement under chapter 28E for the purpose of
      establishing a self-insured program for the payment of workers'
      compensation benefits are exempt from taxation under section 432.1.
         3.  A plan shall be submitted to the commissioner of insurance for
      review and approval prior to its implementation.  The commissioner
      shall adopt rules for the review and approval of a self-insured group
      plan provided under this section.  The rules shall include but are
      not limited to the following:
         a.  Procedures for submitting a plan for approval including
      the establishment of a fee schedule to cover the costs of conducting
      the review.
         b.  Establishment of minimum financial standards to ensure the
      ability of the plan to adequately cover the reasonably anticipated
      expenses.
         4.  A self-insured program for the payment of workers'
      compensation benefits established by an association comprised of
      cities or counties, or both, or the association of Iowa fairs or a
      fair as defined in section 174.1, or community colleges, as defined
      in section 260C.2, or other political subdivisions, which have
      entered into an agreement under chapter 28E, is not insurance, and is
      not subject to regulation under chapters 505 through 523C.
      Membership in such an association together with payment of premiums
      due relieves the member from obtaining insurance as required in
      section 87.1.  Such an association is not required to submit its plan
      or program to the commissioner of insurance for review and approval
      prior to its implementation and is not subject to rules or rates
      adopted by the commissioner relating to workers' compensation group
      self-insurance programs.  Such a program is deemed to be in
      compliance with this chapter.
         5.  The workers' compensation premium written on a municipality
      which is a member of an insurance pool which provides workers'
      compensation insurance coverage to a statewide group of
      municipalities, as defined in section 670.1, shall not be considered
      in the determination of any assessments levied pursuant to an
      agreement established under section 515A.15.  
         Section History: Early Form
         [S13, § 2477-m42; C24, 27, 31, 35, 39, § 1470; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 87.4] 
         Section History: Recent Form
         85 Acts, ch 251, §1; 88 Acts, ch 1112, §201, 202; 89 Acts, ch 83,
      §19; 90 Acts, ch 1067, § 1, 2; 95 Acts, ch 185, § 1; 97 Acts, ch 37,
      § 5; 2000 Acts, ch 1023, §1, 2; 2008 Acts, ch 1032, § 201; 2008 Acts,
      ch 1139, §1; 2008 Acts, ch 1191, §121, 122
         Referred to in § 85.65A, 258.10, 515A.15