(215 ILCS 5/460)
(from Ch. 73, par. 1065.7)
(Section scheduled to be repealed on February 1, 2019)
Competitive market; approval of rates.
(a) Beginning January
1, 1983, a competitive market is presumed to exist unless the Director, after a
hearing, determines that a reasonable degree of competition does
not exist in the market and
the Director issues a ruling to that effect. For purposes of this Article
only, market shall mean the statewide workers' compensation and employers'
liability lines of business. In determining whether a reasonable degree of competition
exists, the Director shall consider relevant tests of workable competition
pertaining to market structure, market performance and market conduct. Such
tests may include, but need not be limited to, the following: size and number
of firms actively engaged in the market, market shares and changes in market
shares of firms, ease of entry and exit
from a given market, underwriting restriction, and whether profitability
for companies generally in the market is unreasonably high.
The determination of competition involves the interaction of the various
tests and the weight given to specific tests depends upon the particular
situation and pattern of test results.
In determining whether or not a competitive market exists, the Director
shall monitor the degree of competition in this State. In doing so, he
shall utilize existing relevant information, analytical systems and other
sources; cause or participate in the development of new relevant information,
analytical systems and other sources; or rely on some combination thereof.
Such activities may be conducted internally within the Department of Insurance,
in cooperation with other state insurance departments, through outside contractors,
or in any other appropriate manner.
(b) If the Director finds that a reasonable degree of competition does
not exist in a market, he may require that the insurers in that market file
supporting information in support of existing rates. If the Director believes
that such rates may violate any of the requirements of this Article, he
shall call a hearing prior to any disapproval.
If the Director determines that a competitive market does not exist in the
workers' compensation market as provided in a ruling pursuant to this Section,
then every company must prefile every manual of classifications, rules,
rates, rating plans, rating schedules, and every modification of the foregoing
covered by such rule. Such filing shall be made at least 30 days prior
to its taking effect, and such prefiling requirement
shall remain in effect as long as there is a ruling in effect pursuant to
this Section that a reasonable degree of competition does not exist.
(c) The Director shall disapprove a rate if he finds that the rate is
excessive, inadequate or unfairly discriminatory as defined in Section 456. An
insurer whose rates have been disapproved shall be given a hearing upon
a written request made within 30 days after the disapproval order.
If the Director disapproves a rate, he shall issue an order specifying
in what respects it fails to meet the requirements of this Article and stating
when within a reasonable period thereafter such rate shall be
discontinued for any policy issued or renewed after a date specified in
the order. The order shall be issued within 30 days after the close of
the hearing or within such reasonable time extension as the Director may
fix. Such order may include a provision for premium adjustment for the
period after the effective date of the order for policies in effect on such date.
(d) Whenever an insurer has no legally effective rates as a result of
the Director's disapproval of rates or other act, the Director shall on
request of the insurer specify interim rates for the insurer that are high
enough to protect the interest of all parties and may order that a specified
portion of the premiums be placed in an escrow account approved by him.
When new rates become legally effective, the Director shall order the escrowed
funds or any overcharge in the interim rates to be distributed appropriately,
except that refunds to policyholders that are de minimis shall not be required.
(Source: P.A. 99-642, eff. 7-28-16. Repealed by P.A. 100-1118, eff. 2-1-19.)