The United States Department of Labor (DOL) has tentatively authorized an Employee Retirement Income Security Act (ERISA) exemption regarding pension plan risk transfer to a captive. This healthcare network is the first organization in history to receive ERISA approval to transfer pension risk in a captive. This is groundbreaking news, as it opens the doors for plan sponsors to better manage their risk related to defined benefit pension plans programs. In short, using captive insurance companies rather than traditional insurers alone gives plan sponsors the opportunity to fund their pension risk more cost effectively.

Their employees engage in groundbreaking cancer research and provide lifesaving care for patients. The employer engaged with Spring, to help design and implement this unique program for its retirement benefits. This included conducting actuarial analyses, navigating vendor and partner avenues, structuring transaction and direct contact with the DOL to work through the exemption process. Once approved, the employer is anticipated to receive $126.4 million in financial benefits from the DOL. As part of the terms of the exemption, the employer will be providing a one-time cost of living increase to the monthly retirement benefit to all plan participants and beneficiaries.

This is a groundbreaking next step in the evolution of risk management programs and set the stage for many other employers who are trying to structure a better program for their employees.

We’re excited to announce that Spring has been shortlisted for top Actuarial Firm and Captive Consultant in this Captive Review’s 2024 US Awards. Check out the full list of nominees here.

Our Managing Partner, Karin Landry has been featured among the top Influential Women in Captive Insurance by Captive International. You can find the full announcement here.

For the first time, the United States Department of Labor (DOL) has tentatively authorized an Employee Retirement Income Security Act (ERISA) exemption regarding pension plan risk transfer to a captive. Spring worked directly with this client through the process and once approved, the client is anticipated to receive $126.4 million in financial benefits from the DOL. Check out Captive Intelligence’s full article here.

Since I started my career in this space many moons ago, I have seen the captive industry continuously grow and evolve. There have been new risks, changes in regulatory and Department of Labor (DOL) policies and protocols, economic fluctuations, the addition of technologies, and the integration of captive programs focused on different lines, whether employee benefits or property and casualty (P&C). As I believe we are at the cusp of the next era of change for captives, I wanted to connect with captive owners and risk managers to gather their outlook on where we are today and where we’re headed.

I sat down with David Arick, who is currently the President of RIMS, the risk management society® and Managing Director, Global Risk Management at Sedgwick. He has previously held insurance and risk management roles at companies like International Paper and General Electric, and brings forth a wide range of experience spanning decades.

Q: How has the hard insurance market impact risk professionals’ ability to financial cover their organizations’ top risks?

A: Different industries have had different experiences in this market. My last job was in the packaging and forest products industry and it, along with other sectors like transportation, have been challenged. The hard market coupled with specific insurance conditions like nuclear verdicts and natural disasters on the P&C side have been driving up property costs. Cyber insurance has also faced obstacles. The economics of a specific company along with the insurance budgets that get blown out of the water really have people looking for alternatives like captives.

Q: What do you feel are some of the contributing factors that have led to the increased popularity in captives?

A: Aside from what I mentioned above, captives are no longer uncommon or kept behind closed doors; they are now a part of mainstream risk management and C-suites are willing to make the investment given the volatile insurance markets they are facing.

Q: What benefits are most appropriate for organizations to place in their captives? Have you seen any new developments in this area?

A: From a risk management perspective, I hear my fellow risk managers talking about three areas where benefits and captives can interplay:

1. Global benefits. Risk managers are hoping that captives can help stabilize programs that historically were variable and volatile across different countries, particularly with a workforce moving between countries.
2. Medical stop-loss. Captives are playing a huge role in this area where a risk manager can partner with HR in understanding stop loss buying options available thanks to the captive and also creating savings and flexibility within the program.
3. ERISA benefits. Multinational companies have been focused here in terms of trends, take-up rates, etc. Benefits spend in the US is more significant than in other countries and to that end there is renewed interest in utilizing a captive to address these rising costs.

Q: I’ve heard you say before, “risk management is much more than buying insurance or financing losses,” can you elaborate on that statement a bit?

A: Both risk management and insurance buying are critical aspects of running a business. The point is that I would hope that risk management could be more strategic, aimed at creating risk awareness and focused on people, processes, and technology in addition to the more traditional items like mitigation plans, business continuity and the like.

Q: This year, as RIMS President, what are some of your priorities for the organization and the risk management profession overall?

A: I would like to improve the perception of risk management by increasing education and development for those in the field, so that we can more broadly speak the same language. RIMS has developed a global certification for risk management education called the RIMS-CRMP that is ANSI-accredited and meant to build credibility around the profession. We are investing in our future by highlighting the careers available and introducing risk management curricula to more colleges and universities. It’s important that we routinely assess how to support new talent that joins the field in their professional growth and that is what we’re focused on. 

Q: What insights can you offer a risk professional who is either considering starting a captive or who has just started one?

A: I promise you didn’t make me answer the question in this way, but I truly think organizations need to search for the best captive advisors and not just default to their primary brokerage team. An existing team may be sufficient in handling most needs, but a captive is unique and you need an expert team in place, from consultants to lawyers, to captive managers and the like. Secondly, I will say that a risk management professional needs to prioritize building internal support and alignment for an initiative like a captive, including finance, accounting, treasury, legal, and tax. Internal buy-in is critical to long-term success.

As society increasingly pivots towards clean and green energy solutions, driven by the imperative of sustainability and the dramatic effects of climate change, the energy landscape is undergoing a profound transformation. Companies across all industries are embracing renewable alternatives and adopting environmentally conscious practices. This shift can lead to many obstacles when it comes to liabilities and coverage. Last week, I had the pleasure of attending the International Risk Management Institute (IRMI)’s Energy Risk & Insurance Conference (ERIC) which tackled this very issue. Experts across the risk management industry convened to discuss emerging energy risks and potential solutions. I had the pleasure of presenting on this topic, “Captives—Too Late for Fossil Fuels or Too Soon for Green Energy?” and wanted to share some key insights.

The Legacy of Traditional Energy

For decades, traditional energy sources like coal, oil, and natural gas have served as the pillars of global energy infrastructure. These sources have powered industries, fueled transportation, and sustained economies worldwide. However, their reliance on finite resources and contribution to environmental degradation have brought their sustainability priorities into question.

While traditional energy remains deeply entrenched in global economies, its future is increasingly uncertain. Mounting pressure to reduce carbon emissions, coupled with the emergence of renewable alternatives, has catalyzed a shift towards cleaner energy sources.

The Promise of Renewable Energy

The rise of renewable energy technologies such as solar, wind, and hydroelectric power represents a socio-economic shift towards sustainability. These sources offer cleaner alternatives, reducing carbon emissions and mitigating the impacts of climate change. Their abundance and renewable nature make them promising candidates for a greener future.

However, the transition to renewable energy has its challenges. The intermittency of renewable sources coupled with the need for infrastructure investments, presents hurdles to widespread adoption. The inertia of traditional energy industries along with regulatory complexities further slow down the pace of transition.

The Role of Captive Insurance

Amidst this energy transition, captive insurance has been at the forefront for risk management teams trying to optimize coverage and reduce costs. With few regulations, many insurers are moving away from insuring coal and creating more inclusive policies for oil and gas. It is estimated that 62% of reinsurers now have coal exit policies and 38% have oil and gas exclusions as shift away from fossil fuels accelerates.¹ Insurance coverages and costs coupled with sustainability priorities have many organizations questioning if switching to alternative energy sources is critical.

On the other end of the stick, insuring green/new energy has not been easy. Although we are seeing new coverages such as leakage insurance for CO₂, and coverage for solar, hydrogen, and bioenergy, pricing and underwriting remain huge issues. With any new risks, there are still untested coverages and language that may lead to future conflict when claims are filed. Many insurers also worry about the scalability of the new coverages once many companies shift to green energy; how will the underwriting processes and pricing shift or scale once more companies adopt green energy?

This natural lack of transition had sprouted a giant funding dilemma of insuring energy companies. Although many large companies are self-insured and/or adopt captive insurance as a solution, often mid and smaller companies are stuck in no-man’s-land. Many of these companies are looking into alternative funding options, such as a group captive, to help share risks with similar organizations without paying obscene premiums. This allows mid and smaller energy companies to meet lender requirements at lower rates and reduce net costs through reinsurance.

Where are Things Headed?

I expect in the coming years we may see drastic changes in how energy companies are insured; a lot depends on how committed commercial insurers are to exiting certain industries and promoting new energy coverages. There seem to be certain lines/industries that scale faster, both with regard to comprehensive underwriting processes and pricing volatility. Another significant consideration is governmental/regulatory changes. With climate change as a major political issue, policyholders and insurance companies may need to adapt more quickly if regulations are passed pushing for the use of green energy.

In conclusion, the dichotomy between old and new energy and how to properly insure them is a hot-button topic in the risk world. As older energy sources, such as coal, are becoming more and more uninsurable, newer green energy sources are untested and challenging to underwrite. We are in an interesting position where insurance companies and policyholders know they must shift towards renewable energy but cannot properly insure it (yet). Although alternative funding options, such as captive insurance, have proved thus far to be a solution, there are still so many unforeseen variables that will undoubtedly affect how energy is insured.

¹ https://global.insure-our-future.com/with-new-coal-uninsurable-insurers-start-to-move-on-oil-and-gas/

In a recent podcast from Global Captive Podcast, president and CEO of edRISK, Tracy Hassett, and our SVP, Prabal Lakhanpal, dive into the history of edRISK and how educational institutions have been able to leverage a captive to reduce health insurance costs and reduce liability. You can find the full podcast episode here.

Our SVP, Prabal Lakhanpal, was featured in a panel discussion alongside other CICA NextGen participants to discuss how to best attract younger talent, obstacles the industry is currently facing, and the future of careers futures in captive insurance. You can find the full discussion here.

Every year, the Risk Management Society (RIMS) hosts its annual RISKWORLD conference, serving as an opportunity for 10,000+ risk professionals to convene and discuss the industry’s future. Against the backdrop of San Diego, this year’s conference was a testament to the ever-evolving landscape of risk management and insurance. As industries grapple with unprecedented challenges, the conference emerged as a beacon of insight, fostering discussions on cutting-edge practices, emerging trends, and innovative strategies. Here are some of the most popular topics discussed during this year’s conference.

1. Emerging Trends and Industry Challenges

The insurance industry is constantly evolving, presenting both opportunities and obstacles for risk management professionals. These sessions explored the latest trends, regulatory changes, and strategic approaches to navigating the dynamic landscape of risk management.

– As climate change and natural disasters continue to impact rates nationwide, experts discussed “How All Industries Can Manage Their Water- and Nature-Related Risks.”

– The session, “Risks Today or Risks Tomorrow? Leveraging Data for Future-Proof Risk Management,” featured how geolocation and risk data are being used to influence property and casualty (P&C) strategies.

2. Forward-Thinking Approaches and Strategies

Innovation lies at the heart of effective risk management, and RISKWORLD 2024 showcased forward-thinking tactics for staying ahead. From optimizing risk transfer and resilience planning to exploring new methodologies for risk assessment and mitigation, attendees gained valuable insights into cutting-edge techniques and innovative strategies that are reshaping the landscape of risk management, ensuring they are well-equipped to tackle the challenges of tomorrow.

– A lawyer discussed common roadblocks and assumed contractual liability regarding “Strategies for Effective Risk Transfer and Mitigation.”

– Financial leaders from LinkedIn and Orgill discussed their concerns about employee safety, mitigating risk and ensuring organizational success in their session, “From Forecast to Forefront: New Research on the CFO’s Strategic Mindset and Trends to Watch in Risk Management.”

– A risk manager from a manufacturing organization discussed the importance of “Strategic Decision Making” and how to address suboptimal results internally.

3. Diversity, Equity, and Inclusion (DEI)

Promoting diversity, equity, and inclusion has become a strategic imperative for organizations across industries. These sessions highlighted the importance of fostering inclusive workplaces, advancing DEI initiatives, and leveraging diverse perspectives for business success.

– Leaders from the National African American Insurance Association (NAAIA), the Asian American Insurance Network (AAIN), the Latin American Association of Insurance Agencies (LAAIA), Rainbow Risk Alliance, Insure Equality, and the Association of Professional Insurance Women (APIW) shared their experience with introducing DEI efforts in their discussion, “Championing Diversity: Industry Leaders Speak Out.”

– In the session, “DEI Is Not Going Anywhere and Here’s Why: The Who, What, Where, When and Why of DEI,” experts discussed the importance of DEI programs and specific success stories.

– As DEI is receiving some societal backlash, the presentation “The Rise and (Fall?) of DEI: Exploring the Impact of Diversity, Equity, and Inclusion Initiatives on Risk Management” focused on current trends and future of DEI efforts.

4. AI, Technology, and Innovation

Innovation in technology is transforming the insurance landscape. These sessions delved into the role of artificial intelligence, cybersecurity, and data analytics in shaping the future of risk management.

– In their presentation, “AI Revolution: A New Era for Risk Management and Loss Control,” a group of risk managers discussed how they are using AI to help with workers’ compensation applications, loss prevention, and fraud identification.

– Google Cloud’s CISO discussed the latest trends in generative AI and how it can impact the insurance sector in his session, “Navigating the W(AI)LD West: Maximizing the Transformative Power of AI.”

– A session from the RIMS New York Chapter, “AI Did What? Anticipating Insurance Coverage Issues Arising from AI Liabilities,” evaluated the kinds of liabilities and potential issues that can arise from utilizing AI in risk management.

As the curtains draw on another successful RISKWORLD conference, the Spring team and I had a great time tuning into some insightful sessions and reconnecting with industry leaders. The spirit of collaboration and innovation was lively this year, and I’m excited to see what next year’s conference has in store for us.