California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 13 - Group Self-Insurance › Section 15483 - Agreement of Assumption and Guarantee of Group Member's Liabilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each group
					 self-insurer shall provide an Agreement of Assumption and Guarantee of
					 Liabilities of Workers' Compensation Liabilities For Group Members for each
					 group member, executed by the group self-insurer or Group Administrator on its
					 behalf if authorized in the group self-insurer's bylaws. If the group
					 self-insurer does not execute an Agreement of Assumption and Guarantee of
					 Liabilities of Workers' Compensation Liabilities For Group Members for any
					 proposed group member, the Director shall deny the application to self-insure
					 of the proposed group member, or, if an Interim Certificate of Consent to
					 Self-Insure has been issued to a group member and the group self-insurer
					 declines to execute an Agreement of Assumption and Guarantee of Liabilities of
					 Workers' Compensation Liabilities For Group Members for that group member, it
					 shall be cause for revocation of the Affiliate Certificate of Consent to
					 Self-Insure of the group member.
(b) In addition, each group member that is a
					 subsidiary or affiliate or is otherwise controlled or owned by another entity
					 shall provide an Agreement of Assumption and Guarantee of Liabilities executed
					 by the holding company, ultimate parent company, controlling general partners,
					 owner, or owners having controlling ownership as required for subsidiaries and
					 affiliates of individual private self insurers by Section
					 15211.2 of these regulations. If
					 the holding company, ultimate parent company, controlling general partnership,
					 or owner having controlling ownership of the group member declines to execute
					 an Agreement of Assumption and Guarantee of Liabilities, the Director may deny
					 the application of the proposed group member. If a group member is acquired by
					 another entity while the group member is self-insured and that new holding
					 company, ultimate parent company, controlling general partnership, or owner
					 having controlling ownership declines to execute an Indemnity Agreement and
					 Power of Attorney (Form S-4 (1-2016)), it shall be deemed cause for revocation
					 of the group member's Affiliate Certificate of Consent to
					 Self-Insure.
(c) The Agreement of
					 Assumption and Guarantee of Liabilities For Group and Affiliate Members shall
					 be written upon a form provided by the Chief (Form S-5 (1-2015)). The form is
					 available on the website of the Office of Self-Insurance Plans at
http://www.dir.ca.gov/osip
.
1. New
						section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section
						11343.4
						(Register 2009, No. 10).
2. Amendment filed 12-14-2016; operative
						1-1-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2016, No. 51).
Note: Authority cited: Sections
						  54,
						  55 and
						  3702.10, Labor
						  Code. Reference: Sections
						  59,
						  3550,
						  3700,
						  3701,
						  3701.5,
						  3702,
						  3702.10 and
						  3705, Labor
						  Code.