§ 15483. Agreement of Assumption and Guarantee of Group Member's Liabilities.

(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, or a single Agreement of Assumption and Guarantee of Liabilities of Workers' Compensation Liabilities For Group Members listing all group members, 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 Agreement of Assumption and Guarantee of Liabilities, 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 shall be written upon a form provided by the Manager (Form A4-3G (Rev. 1/94)). The form is available on the website of the Office of Self Insurance Plans at http://sip.dir.ca.gov/.

HISTORY

1. New section filed 3-2-2009; operative 3-2-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 10).

Note

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.