SECTION II – DEFINITIONS

Risk

The term “risk” as used in this Plan shall mean
  1. A single legal entity.
  2. Two or more affiliates which qualify for combination under the rules of Section III of this Plan.

Legal Entity

The term “legal entity” or “entity” shall mean an individual, partnership, corporation,  unincorporated association or fiduciary (e.g., trustee, receiver, executor or administrator). Divisions or similar units of a legal entity do not qualify as separate entities.

Affiliate

The term “affiliate” shall mean entities in each of which the same entity or group of entities own a majority interest.

Experience

For the purpose of this Plan, experience shall mean the record established by a risk under Workers’ Compensation and Employers’ Liability Insurance, as disclosed by the losses incurred by the insurance carrier or carriers and the payrolls or other exposures segregated according to classification of operations.

If the classification assigned to a risk is revised or modified, for the purpose of this Plan the PCRB shall similarly reassign the classification of the experience period except that, if the revision is due to a change in operations, no part of the experience period prior to such operations change shall be affected.

Note: For special provisions applicable to self-insurers’ data see Rule 6 of Section III.

Compensable Employee Lost-Time Injury

The term “compensable employee lost-time injury” for purposes of this Plan shall mean any claim having either an indemnity benefit payment or a case reserve for future indemnity benefit payments. All claims reported with Catastrophe Code No. 48 shall be excluded from merit rating calculations. All claims reported with Catastrophe Code No.12 shall be excluded from merit rating calculations.

Rating Effective Date (RED)

is the earliest date that a specific merit rating adjustment is applied.

Merit Rating Plan Discount

The term “Merit Rating Plan discount” for purposes of this Plan shall mean a reduction in the subject premium developed by the use of the carrier rates in force on the RED applicable to the policy to which the Merit Rating Plan is applied.

Merit Rating Plan Surcharge

The term “Merit Rating Plan surcharge” for purposes of this Plan shall mean an increase in the subject premium developed by the use of the carrier rates in force on the RED applicable to the policy to which the Merit Rating Plan is applied.

Merit Rating Plan Adjustment

The term “Merit Rating Plan adjustment” for purposes of this Plan shall mean either a Merit Rating Plan discount or a Merit Rating Plan surcharge.

Subject Premium

The term “subject premium” for purposes of this Plan shall mean the premium developed by the use of carrier rates in force on the RED of the policy to which the Merit Rating Plan is applied, exclusive of exceptions listed in Section IV, Paragraph 1. Note: For special provisions applicable to self-insurers’ data see Rule 5 of Section III.