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HomeMy WebLinkAbout06. Receive supplemental information on reducing liability self-insurance retention from $1 million to $500,00006 Central Contra Costa Sanitary District May 4, 2015 TO: ADMINISTRATION COMMITTEE VIA: ROGER S. BAILEY, GENERAL MANAGER 4 FROM: DAVID HEATH, DIRECTOR OF ADMINISTRATION SUBJECT: SELF INSURANCE RETENTION (SIR) — LIABILITY INSURANCE At the November 17, 2014 Board workshop the District Board agreed with staff's recommendation to lower the District's liability insurance SIR from $1 million to $500,000. At the most recent Administrative Committee meeting on April 20, 2015 Board President McGill expressed a desire to re- examine the SIR level. Attached is a white paper which provides additional information to assist in evaluating the issue. Staff is seeking direction from the committee before submitting a final Fiscal Reserve Policy to the full Board for approval. CENTRAL CONTRA COSTA SANITARY DISTRICT WHITE PAPER SELF - INSURANCE FUND RESERVES 2015 -16 The District has self- insured most of its liability and some of its property risks since July 1, 1986, when the Board approved the establishment of the Self - Insurance Fund (SIF). The SIF has effectively funded District losses since then. In 1994 Government Accounting Standards Board Statement No. 10 (GASB -10) set forth requirements on how public agencies must fund their self- insured risks. To assure compliance with GASB -10, the District restructured the SIF into three sub -funds to address specific risks and expenses. Self- Insurance Fund Structure Sub -fund A - GASB -10 Actuarially -based risks. Sub -fund A is used to pay claims and expenses that are covered above the District's $1,000,000 retained limit by an excess insurance policy. That policy covers losses above the retained limit up to $15,000,000 per occurrence and in the aggregate. For the last several years the District has maintained this fund with a $1,000,000 reserve. Assuming average claims experience, this fund pays between five and fifteen liability claims per fiscal year. If the cost of just one of those claims met or exceeded District's $1,000,000 retained limit, the entire reserve would be insufficient to cover the cost of a single year's claims. The District is now in this very situation; paying for both normal claims experience and one claim up to the full $1,000,000 retention. Sub -fund B - GASB -10 Non - actuarially -based risks. Sub -fund B is used to pay claims and expenses for liability losses that cannot be actuarially evaluated and /or are not covered by the excess liability insurance policy. This includes employment practices claims and pollution claims. Employment practices and pollution claims are usually high dollar claims and take longer to resolve. Even in low -value claims, these cases can generate very high investigative and defense costs. Since these two factors make accurate loss forecasting difficult, an actuarial study is not required for these risks. Additionally, as of 1986, all general liability insurance policies exclude coverage for pollution losses. Given the low frequency, high severity and absence of insurance coverage for the highest exposure claims, the District has maintained this fund with a $2.4 million reserve. -1- Sub -fund C - Non - GASB -10 risks. Sub -fund C is used to pay for other risk management expenses (insurance premiums, actuarial studies etc.) and self - insured property losses. The District maintains a $250,000 per occurrence retention on its property insurance policy. As a result, this fund has maintained a reserve of no less than $500,000 in addition to it's projected annual expenses. This fund's reserves have also been used to offset increases in insurance premiums or claims costs in the other sub -funds and to maintain sub -Fund A's GASB 10 required minimum reserve level. Annual Funding - The Operations and Maintenance Fund (O &M) supports the SIF with annual transfers into sub -fund C which then redistributes funds to sub - funds A and B to meet GASB and reserve requirements. Survey of Other Agencies' Insurance Reserving Policies In August 2014 staff surveyed other water and wastewater agencies in the area about their overall reserving policies and practices. The following table illustrates the findings on similarly sized or situated agencies' self- insurance retentions and reserves. Agency Retention Reserves Union San $500,000 3x $1.5 million CCWD $500,000 5x $2.5 million Delta Diablo $100,000 None — paid from O &M DSRSD None Low deductible paid from O &M Napa San None Low deductible paid from O &M No other similarly sized agency had a self- insured retention greater than $500,000. As shown above, three agencies have lower or no retentions and do not reserve to pay claims at all. Of the two that have $500,000 retentions, Union San has the lowest reserve funding policy of three times the cost of a single fully - retained loss. This approach follows risk financing best practice which recommends maintaining a reserve sufficient to pay for at least three fully retained losses. With the District's $1,000,000 retained limit, this would equate to a reserve of $3,000,000. Board Reserve Policy and FY 15 -16 Changes to SIF Funds and Reserves At the November 17, 2014 special meeting, the Board chose to reduce the District's self- insured retention from $1,000,000 to $500,000 and to maintain reserves for liability claims covered by the excess policy at three times a fully retained loss. Effective July 1, 2015, sub -fund A will maintain a reserve balance -2- of $1,500,000. Claims and expenses will be paid from this reserve during the fiscal year. The O &M contribution for the next fiscal year will be used to return the fund to its minimum reserve of $1,500,000. At that same meeting, the Board chose to simplify reserving for all risks that do not require GASB 10 compliance by consolidating other liability claim reserves and property loss reserves into a single fund. The Board also wanted to make sure that some resources were reserved for catastrophic or emergency response. In order to meet the joint goals of consolidating reserves and establishing a catastrophic loss fund, sub -fund B will now maintain a reserve balance of $5 million. As with sub -fund A, payments made from this fund will draw down that reserve balance over each fiscal year. O &M allocations from the next fiscal year will be used to return the funds to their minimum reserve balances. Since the property loss reserves are now included in sub -fund B, sub -fund C will only serve as a cash flow account, used to pay risk management expenses and to transfer money to the two reserve funds. These reserve changes are summarized below: Fund Old Role New Role Old Reserve New Reserve A Reserve for GASB Reserve for $1 million $1.5 million 10 Risks GASB 10 Risks B Reserve for Other Reserve for all $2.4 million $5 million Liability Risks other risks and Catastrophic Losses r—C Property Losses j Cash Flow j $500,000 j 0 -3-