Non-Subscriber TX Work Comp

We have a Summary Plan Description for our Employee Benefit Injury Plan that was written a few years back, as we are a Non-Subscriber in the State of Texas. In conjunction with the original Plan, which contained a Benefit Schedule, we were insured through a Private Carrier - who recommended the duration/amounts of the benefits.

Subsequently, we are no longer insured, but are contracted with a Claims Agency to process injury claims, and those claims are paid essentially off of our Facilities' 'Bottom Line'.

My question is: Is the Summary Plan Description still valid without an insurer? We certainly are conducting ourselves as if the Plan is still valid.

Sorry for throwing out such a Curve Ball? Any hitters?

Keys

Comments

  • 3 Comments sorted by Votes Date Added
  • It is not that you are not insured, it is that you are self insured. Big difference.

    If you non-subscription plan was approved for the State, I don't think it matters if you are administering it or a TPA is doing so.

    To be real sure, I would contact your state DOL and see if they can tell you. You should be hopeful that the PTB investigated the propriety of this course before embarking.
  • Don't you love being in the one state in America which doesn't require you to carry worker's comp?

    Wish I could help more, but this goes far beyond my knowledge!
  • We are insured. So, I can't help you out. I only know that there were some MAJOR changes in the W/C law in TX this year. (about time. This is the most employee friendly state as far as w/c that I know and I handle about 7. (Even CA is easier than TX.)
    I would contact the "new agency" in charge of w/c and just ask them. Be careful and make sure you address them correctly. They are very picky.


    E Wart
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