Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-31-3 - Definitions As used in this rule, the following terms, words and phrases have the meanings stated unless, in any instance where such term, word or phrase is used, the context expressly indicates that another meaning is intended.
3.1. "Agreement" means a written contract by and between a client-employer and a PEO under which a PEO contracts to provide professional employer services for an administrative fee, as otherwise consistent with the provisions of W. Va. Code § 33-46A-6.3.2. "Client employer" means an entity who enters into a professional employer agreement with a PEO.3.3. "Commissioner" means the Insurance Commissioner of West Virginia.3.4. "Covered employee" means a person employed by a client-employer for whom certain employer responsibilities are shared or allocated pursuant to a PEO agreement. Persons who are officers, directors, shareholders, partners and managers of the client-employer will be covered employees only to the extent expressly set forth in the professional employer agreement.3.5. "Direct hire employee" means an individual who is an employee of the PEO and has no employment or working relationship with any client employer.3.6. "Direct purchase basis" means an arrangement in which all contractual obligations under the insurance policy run directly between the insurer and the client employer without the involvement of the PEO.3.7. "Master Policy Basis" means an arrangement under which a single policy issued to a PEO covers more than one client-employer.3.8. "Multiple Coordinated Policy Basis" or "MCP Basis" means an arrangement under which a separate policy is issued to or on behalf of each client-employer but certain payment obligations and policy communications are coordinated through the PEO.3.9. "PEO" is a professional employer organization as defined in W. Va. Code § 33-46A-2(g). 3.10. "Private Carrier" means any insurer authorized by the Commissioner to provide workers' compensation insurance pursuant to chapters twenty-three and thirty-three of the West Virginia Code.3.11. "Residual Market" is the market of workers' compensation insurance written pursuant to the assigned risk plan developed pursuant to W. Va. Code § 23-2C-10.3.12. "Voluntary Market" has the same meaning ascribed to it in W. Va. Code § 23-2C-2(u).