Vermont § 4687 - Workers’ compensation and employers’ liability insurance; uniform administration of classifications; reporting of rates and other information

§ 4687. Workers’ compensation and employers’ liability insurance; uniform administration of classifications; reporting of rates and other information

• (a) Every workers’ compensation and employers’ liability insurer shall adhere to the uniform
  classification system and uniform experience rating plan for such categories of insurance
  which are filed with the Commissioner by the advisory or service organization which
  has been designated by the Commissioner and remains subject to his or her approval
  and designation. However, any insurer may develop subclassifications of the uniform
  classification system upon which a rate may be made; provided, further, that such
  subclassifications must be filed for the approval of the Commissioner at least 30
  working days prior to their use and submitted simultaneously, for information only,
  to the designated advisory or service organization. The Commissioner shall disapprove
  any such subclassifications if the insurer fails to demonstrate that the data thereby
  produced can be reported consistent with the uniform statistical plan and uniform
  classification system. (b) The Commissioner shall designate an advisory or service organization to assist him
  or her in gathering, compiling, and reporting relevant statistical information. Every
  workers’ compensation and employers’ liability insurer shall record and report its
  workers’ compensation and employers’ liability insurance experience to the designated
  advisory or service organization as set forth in the uniform statistical plan approved
  by the Commissioner. (c) The designated advisory or service organization shall develop and file manual rules,
  subject to the approval of the Commissioner, reasonably related to the recording and
  reporting of data pursuant to the uniform statistical plan, uniform experience rating
  plan, uniform schedule rating plan, and the uniform classification system. Every
  workers’ compensation and employers’ liability insurer shall adhere to the approved
  manual rules and experience rating plan in the underwriting and statistical reporting
  of its business. No insurer shall agree with any other insurer or with an advisory
  or service organization to adhere to manual rules that are not reasonably related
  to the recording and reporting of data pursuant to the uniform classification system,
  uniform experience rating plan, uniform schedule rating plan, or the uniform statistical
  plan. (d) Filings submitted pursuant to this section shall be filed with the Commissioner at
  least 30 working days before the proposed effective date of the filing. The Commissioner
  may give written notice, within 30 working days after the receipt of the filing, that
  the Commissioner needs additional time, not to exceed 30 days from the date of such
  notice, to consider the filing. Upon written application of the designated advisory
  or service organization, the Commissioner may authorize the filing to be effective
  before the expiration of the waiting period or any extension of the waiting period.
  A filing shall be deemed to meet the requirements of this section, unless disapproved
  by the Commissioner before the expiration of the waiting period or any extension of
  the waiting period. (e) The uniform experience rating plan to be filed pursuant to this section shall contain
  reasonable eligibility standards, provide adequate incentives for loss prevention,
  and provide for sufficient premium differentials so as to encourage safety. The uniform
  experience rating plan shall be the exclusive means of providing prospective premium
  adjustment based upon measurement of the loss producing characteristics of an individual
  insured, but insurers may file rating plans that provide for retrospective premium
  adjustments based upon an insured’s past experience. (Added 1983, No. 238 (Adj. Sess.), § 1; amended 1989, No. 128 (Adj. Sess.), § 3; 2021, No. 105 (Adj. Sess.), § 220, eff. July 1, 2022.)