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Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

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Page 1: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Comparison of Pool Organizational Models

Comparison of Pool Organizational Models

AGRIP Governance and Leadership ConferenceOctober 2002

Michael L. Rhyner

AGRIP Governance and Leadership ConferenceOctober 2002

Michael L. Rhyner

Page 2: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Paths to Pool ManagementPaths to Pool Management

• 1st Generation – 1975 ––1985– Association Employee– Service Provider or Consultant– Insurance Industry– Other

• 2nd Generation – Mature Pools– Promoted from Within– Moved from Other Pools– From a Pool Member

Page 3: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Finance• Administration• Member Relations

Pool Management

Association Management

Skill SetSkill Set

• Program Development• Governance – Boards, Committees etc.• Intergovernmental – Political

Page 4: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Pooling/Insurance Skills Pooling/Insurance Skills

PRIMA Pooling Section

AGRIP

Designations ARM, CPCU

Industry Programs Factory Mutual

Page 5: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Executive Director or Chief Operating OfficerFor Three Pools

Executive Director or Chief Operating OfficerFor Three Pools

Minnesota Counties Insurance Trust

1988 - 1999 1999 - 2001

Michigan Municipal Risk Management

Authority

RISK

2001 - Present

Page 6: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Pool Organizational ModelsPool Organizational Models

Association Sponsored Pool MCIT

Association Managed Pool CIRMA

Independent Pool MMRMA

Page 7: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Purpose of PresentationPurpose of Presentation

• Describe Each Model– Key Features

• Provide a Historical Perspective– Formative Years– Transition Years– Mature Years

• Compare and Contrast Each Model• Evaluate Strengths and Weaknesses

Page 8: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Key Areas of AnalysisKey Areas of Analysis

• Business Model

• Programs and Services

• Governance Structure

• Organizational – Reporting Structure

• Management Approach

Page 9: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Association Sponsored PoolAssociation Sponsored Pool

Minnesota Counties Insurance Trust

Minnesota Counties Insurance Trust

Page 10: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Business Relationship Between Pool and Association

• Association Promotes and Endorses Pool Products and Programs Exclusively

• Sponsorship Fee Paid to the Association

Key FeaturesKey Features

Page 11: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Executive Director Reports to the Board

• Separate Pool Employees• Separate Budget, Financial

Statements, and Audit• Shared Infrastructure & Central

Services• Coordination of Meetings, Training

Sessions, and Conventions

Key FeaturesKey Features

Page 12: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Formative YearsFormative Years

1979 - 19851979 - 1985

• Workers’ Compensation Crisis – Association Members Look for Solution

• Association Partners with a Risk Management Consultant to Create Workers’ Compensation Program– Consultant Dominated– Passive Board – Little Internal Staff Expertise

Page 13: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Cash Flow Workers’ Compensation– Members SIR: $50,000

– Excess Losses Pooled

– Unused Contributions Returned Each Year

• Property & Casualty Pool Created in 1985

Formative YearsFormative Years

1979 - 19851979 - 1985

Page 14: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Transition YearsTransition Years

1987 - 19901987 - 1990

• Cash Flow Projections Go Negative• Consultant Out of Favor with Board

– Quality of Work– Primacy of Relationship with Members

Page 15: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Association Executive Director Resigns• Association Board Rethinking Risk

Management Effort

• Pool Board Names Rhyner First Executive Director

• New Staff and Service Provider Model Developed

• Staff and Service Providers Hired• Relationship with Association Redefined

Transition YearsTransition Years

1987 - 19901987 - 1990

Page 16: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Transition Years

1987 - 1990

Transition Years

1987 - 1990

Actuary and Independent Consultant Hired

Identified Over $20 Million in Unfunded Liabilities from Cash Flow Program

Called for Debt Retirement Through Phased Member Assessments

Recommended New Loss Funding Using a Traditional Fully Funded Pooling Approach Going Forward

Recommended Complete Overhaul of Program Management

Actuary and Independent Consultant Hired

Identified Over $20 Million in Unfunded Liabilities from Cash Flow Program

Called for Debt Retirement Through Phased Member Assessments

Recommended New Loss Funding Using a Traditional Fully Funded Pooling Approach Going Forward

Recommended Complete Overhaul of Program Management

Page 17: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Mature Years

1990 – 1999

Mature Years

1990 – 1999

• “Fully Funded” Pool Established for WC• Prior-Year Debt Retired• New Team of Service Providers Hired• Pool Operations/Staff Separated from Association• Retained Members• Built Surplus & Initiated a Dividend Program

– Over $40 Million Returned in Dividends– $92 Million in Surplus

• AGRIP Recognized

Page 18: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Enabling Legislation– Joint Powers– Pooling and Self Insurance

• Joint Powers Agreement

• Bylaws

• Policies and Procedures

• Board Resolution

• Directives of the Executive Director

Governance

Governing Documents

Governance

Governing Documents

Page 19: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Legal Assistant

Board of Directors

Mike RhynerExecutive Director

Senior Insurance Analyst Finance Manager

Program AnalystEducation & Communications

Administrative Assistant

Research Analyst

Audit Claims AdministrationUnderwriting/RatingActuary

Banking Cash Mgmt. Health Plan Admin.Loss ControlLegal Services

Reinsurance Placement Drug & Alcohol Services

Investments Disability Case Mgmt.Membership ServiceCustomer Services

Member ServiceField Support

Association

Sponsorship/Endorsement

Final Organization ChartFinal Organization Chart

Page 20: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Governance

Board of Directors

Governance

Board of Directors

• Nine Member Board

• Eight Must Be Elected Officials from the Membership – Commissioners or Auditors

• One County Administrator

• Nine Member Board

• Eight Must Be Elected Officials from the Membership – Commissioners or Auditors

• One County Administrator

• Six Elected By Membership – Four-Year Terms

• Two Appointed by Association – Two Year Terms

• Administrator Appointed by Board Chair –

Two Year Term

• Six Elected By Membership – Four-Year Terms

• Two Appointed by Association – Two Year Terms

• Administrator Appointed by Board Chair –

Two Year Term

Page 21: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Membership Membership

• Technically Open to Any Political Subdivision as Defined in Statute

• Actual Membership– Counties– Joint Powers Organizations– Soil & Water Conservation Districts

• Counties Must be Members of the Association or Pay a Surcharge

Page 22: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Association Managed PoolAssociation Managed Pool

Page 23: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Created as a Service to League Members in Hard Market

• Serves as a Source of Non-Dues Income– Overhead – Spread Fixed Costs– Institutional Value Fees

• Pool is Subordinate to the League• Pool Board is “Sub-Set” of League Board• League Directors “Own” the Relationship

with the Board

Key FeaturesKey Features

Page 24: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Pool Fully Integrated into League Operations

• Pool Considered League “Department”

• Pool Staff are League Employees

• Shared Staff Functions– Finance– Technology– Production

Key FeaturesKey Features

Page 25: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• League crafted legislation to form “Interlocal Risk Management Agencies”

• League creates Workers’ Compensation program in response to “insurance crisis”

• Outside services providers used for technical insurance functions:– Claims– Risk Control– Actuarial Analysis

Key FeaturesKey Features

Page 26: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Pool hires consultant to assist in development of a Liability, Automobile and Property (LAP) Pool.

• League secures state loan to capitalize a LAP Pool

• LAP Pool created in 1985• Outside services providers used for

technical insurance functions:– Claims– Risk Control– Underwriting– Actuarial Analysis

Key FeaturesKey Features

Page 27: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• WC Pool Matures to $25 Million in Premium – Surplus grows to $40 Million

• LAP Pool Grows to $11 Million in Premium – Surplus $20 Million

• League Revenue Increases Sharply

• Pool Utilizes Consultant to Consider Moving Services In-House

Transition YearsTransition Years

Page 28: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Services Moved In-house – Pool Staff Grows to Over 70.

• Major Capital Improvement Investment – Office Space & Technology

• Insurance Becomes the Largest Revenue and Expense Program of the League

Transition YearsTransition Years

Page 29: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Market Goes Soft – Intense Competition Arrives

• Membership Decreases by 30%• Plan Implemented to Address Competition

LAP Risk Transferred to Commercial Carrier – St. Paul

LAP Surplus Protected – Pool Continues to Service Members

WC Rates Cut to Retain Membership WC Surplus Used to Temporarily Support

Rates

Transition YearsTransition Years

Page 30: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Profitability in WC RestoredPhased Rate IncreaseEnhance Underwriting CapacityExpense Reduction

• Reenter LAP BusinessRelationship with Commercial Carrier Phased-OutEnhanced Underwriting Capacity

• New Technology/Service Enhancements Introduced

Mature YearsMature Years

Page 31: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Mixture of Public Officials– Mayors– Selectmen– Town Managers

• Sub-Set of League Board• League Board Members Participating in the

Pool Become Pool Board Members• Officers Elected by the Pool Board• Board Meets in Conjunction with League

Board Meetings

GovernanceGovernance

Page 32: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Pool Board

Policy & Advocacy

Division

Member Service

Division

Pool Staff

Risk Management

Division

Pool Director

League

Executive Director

League Board

Finance

Information

Technology

Human

Resources

Organizational ArrangementsOrganizational Arrangements

Page 33: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Independent PoolIndependent Pool

MANAGEMENTRISKMichigan Municipal

AUTHORITY

Page 34: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Created as “Business Venture”• Founded by a Risk

Management Service Provider • “Free-Standing” Legal Entity• Not Affiliated with Association,

League or Sponsor• Board is Independent

Key FeaturesRISK

Page 35: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Born of Necessity• Mid-80’s Hard Market• Municipal Tort Liability Explosion• Business Venture of a Private Risk

Management Firm• Assembled a Team of Service Providers

– Sales & Marketing– Claims– Legal Services– Finance

Formative YearsFormative YearsRISK

Page 36: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Executive Director Reports to the Board

• Staff Employed by the Pool

• All Infrastructure Owned by the Pool

Key FeaturesRISK

Page 37: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Initially Organized Under Joint Powers Statute - Board as Governing Body

• Service Providers Report to Board – No Executive Director or Staff

• State Insurance Bureau Challenges Pool Authority to Operate – Litigation Followed - Pool Prevailed

• Comprehensive Pooling Legislation Enacted

RISK

Formative YearsFormative Years

Page 38: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Liability and Property Lines Only• Organized as an Excess Pool

– Members Carry at Least $50,000 SIR for Liability

• Reinsurance Placed by the Risk Manager• Rapid Growth – Membership and Premium

Volume• Board Involved in Day-to-Day Management

Functions

RISK

Formative YearsFormative Years

Page 39: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Board Unable to Handle Pool Management Due to Growth

• Recognized Management Needs– Supervise Service Providers– Single Chief Executive

Accountable to the Pool Needed

• Executive Director Hired

Transition YearsRISK

Page 40: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Pool Reorganized– JPA, Rules, Coverage Document Revised– Headquarters Facility Purchased– Services Moved In-House – Pool Employees

• Underwriting• Risk Management• Claims• Loss Control

– Strategic Planning Process Initiated

• Independent Actuary Engaged• Independent Reins Intermediary Engaged

RISK

Mature YearsMature Years

Page 41: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Membership Stable

• Favorable Underwriting Results

• Favorable Investment Results

• Enhanced Surplus Position

Mature YearsRISK

Page 42: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

• Recent Issues– Large Basement Flooding Claims– Hardening Reinsurance Market– Investment Results Deteriorate

• Pool Extremely Well-Positioned to Meet Challenges

RISK Mature Years

Page 43: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

GovernanceBoard of DirectorsGovernance

Board of Directors

• Ten-Member Board

• Nine Elected by the Membership – Must be Representatives of Individual Members with an SIR of $75,000 or More

• Eligibility– Elected Official– Appointed Official– Full -Time Employee at

Department Head Level

• Ten-Member Board

• Nine Elected by the Membership – Must be Representatives of Individual Members with an SIR of $75,000 or More

• Eligibility– Elected Official– Appointed Official– Full -Time Employee at

Department Head Level

• Staggered Four-Year Terms

• One Board Member Appointed to Represent the State Pool – A Consortium of Smaller Members with a “Pooled” SIR.

• Staggered Four-Year Terms

• One Board Member Appointed to Represent the State Pool – A Consortium of Smaller Members with a “Pooled” SIR.

RISK

Page 44: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

MMRMA ORGANIZATIONAL CHARTMMRMA ORGANIZATIONAL CHART

State Pool

Governmental Unit Members

ExecutiveDirector

Committees

ReinsuranceRiskManagement

ClaimsServices

GeneralCounsel

Accounting & Auditing

DefenseCounsel

InvestmentManagers

RiskManagers

RiskControl

Underwriting

Board of Directors

Page 45: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

All MembersAll Members

Counties18%

Health Related

17%

Colleges6%

Other22%

Cities/Villages/Twp

37%

RISK

By Type

Page 46: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

MMRMA Earned Contributions(In Millions)

MMRMA Earned Contributions(In Millions)

2.93

23.0832.18

37.46 39.6 42.052.6

0

10

20

30

40

50

60

FY84 FY87 FY90 FY93 FY96 FY99 FY02

Page 47: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

GoverningDocuments

Public Act 138 Joint Powers Agreement Coverage Document Authority Rules

RISK

Page 48: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Evolved over many years – Guided by Key Board Members and Staff

Business Relationship Between Two Entities

Exclusive endorsement

Active Promotion

Sponsorship Fee Provided

Sponsorship Relationship

Each created under separate statutory authority

Pool and Association are Separate Entities

Association appoints two members of the Pool Board

Pool and Association have separate Boards

Summary of CharacteristicsSummary of Characteristics

Association Sponsored Pool

Page 49: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Conferences & Conventions

Education & Training

Intergovernmental Affairs

Coordination of Programs

Budget

Financial Reporting

Audit

Separate Financial Systems

Position Descriptions

Salary Structure

Separate Staff

Building and Central Services

Pooling recently moved into a separate location.

Shared Infrastructure

Summary of CharacteristicsSummary of Characteristics

Association Sponsored Pool

Page 50: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Overhead Allocations

Institutional Value Fees

Pool Serves as a Revenue Source for the League

Pool is part of the League’s Internal Organizational Structure

Pool Operates as a “Division” of the League

Pool Board is a Subset of the League Board. Only League Board Members can sit on the Pool Board

Pool and League have separate Boards

While the Pool is technically created under separate statutory authority – it is clearly a creature of the League

Pool Created as a League Service

Summary of CharacteristicsSummary of Characteristics

Association Managed Pool

Page 51: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

League and Pool Operate in a Common Facility

Common Infrastructure

Pool Staff are subordinate to the League Director. League Director “owns” the staff relationship with the Board

Pool Director Reports to League Director

Personnel policies, procedures, salary structure and benefits are determined by the League.

Pool Staff are League Employees

The Pool is serviced by the League’s finance, information technology and human resources departments.

Common Functionality

Summary of CharacteristicsSummary of Characteristics

Association Managed Pool

Page 52: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

NCL-RISC provides a forum for information, education and training programs.

NLC-MIC provides a reinsurance facility for league-sponsored pools.

National League of Cities (NLC)

New England League Directors and Pool Directors meet regularly to share information. Preliminary studies conducted for joint operational capabilities.

Strong Inter-League Coord.

Summary of CharacteristicsSummary of Characteristics

Association Managed Pool

Page 53: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Started as a business venture. Founders had a profit motive. Business principles incorporated.

Not Affiliated - Independent

Unlike League and Association sponsored pools, MMRMA is not involved in other non-insurance service programs.

Sole Focus is Risk Management

Since the pool is not affiliated with a city, county or school board organization, membership is encouraged from any eligible Municipal Corporation

Diverse Membership

Agents and Attorneys are major stakeholders.

Historically Strong Role of Service Providers

Summary of CharacteristicsSummary of Characteristics

Independent Pool

Page 54: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Reports directly to Board.Independent Executive Director

Lacking the NLC or Inter Association Network, MMRMA relies on PRIMA and AGRIP for inter-pool information exchanges, related services and programs.

Strong Relationship with

PRIMA & AGRIP

Free-standing human resources procedures, rules and compensation schedule.

Staff are Pool Employees

Summary of CharacteristicsSummary of Characteristics

Independent Pool

Page 55: Comparison of Pool Organizational Models AGRIP Governance and Leadership Conference October 2002 Michael L. Rhyner

Comparison of Pool Organizational Models

Comparison of Pool Organizational Models

AGRIP Governance and Leadership ConferenceOctober 2002

Michael L. Rhyner

AGRIP Governance and Leadership ConferenceOctober 2002

Michael L. Rhyner