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Why some employee benefit captives struggle to succeed

Bill Fitzpatrick is senior vice president at Granite Management Ltd and an experienced international employee benefits and captive professional. He previously led Deutsche Post DHL’s corporate employee benefits programme from 2006 to 2022 before joining Granite in January 2023.

Reinsuring international employee benefits into a captive provides many advantages for employers and employees, and is a risk financing strategy increasingly popular having been pioneered in the 1990s. It is important, however, to get execution right. Bill Fitzpatrick explains why some EB captives can struggle to succeed.

Many global employers are facing challenges in providing competitive employee benefits that attract and retain the best talent, while contending with escalating costs.

These cost pressures stem from a changing workforce in both demographics and employee expectations, a rise in chronic diseases, double digit medical inflation in many locations, heightened demand, a heavier reliance on company sponsored medical plans over public healthcare systems and advancements in technology.

These dynamics are leading employers to look for alternative solutions to confront the challenges and continued fulfilment of their benefits strategy.

Captives have proven to be one of the most effective means in both controlling overall risk benefit costs and enhancing prevention and mitigation opportunities by augmenting the management of medical costs and disability cases.

In addition, companies are realising the impact captives can have in maximising employee engagement through both effective plan management and the heightening of their DE&I opportunities.

If we examine the history of EB captive programmes, the first global programmes were established in 1996 by two European companies. Much of the attention at that time encompassed how the insurance networks would write and reinsure the local policies, while managing the cashflow requirements that captives entail.

To address these issues, a specific platform was established that allowed the fronting networks to both maximise the cashflow opportunities to the captive while minimising the unnecessary administration that existed with locally insured and pooled arrangements.

The main components of this structure still exist today, albeit different companies have applied their own variations in order to meet their specific structural needs:

  • Significant premium discounts (25%) were applied to entice country stakeholders into joining the programme.
  • All employee benefit plans were allowed to join no matter the claims experience, maximising geographical risk spread and premium volumes.
  • The local insurer would retain the local administration fees (retention) and a 25% claims fund (covering medical & short-term disability clams) that would be replenished once a quarter, with the remaining funds being ceded to the client’s captive.
  • The premium and claims bordereaux were produced within 45-60 days following the quarter’s end.

If we fast forward to present, each of these captives are thriving and continue to bring major benefits to their respective organisations with minimal changes to the original platform.

Additionally, many other global companies have since implemented and maintain highly effective EB captive programmes. Considering such a long-established track-record of success, what would cause the breakdown of such a tried and tested practice when funding employee benefit insurance plans through a captive?

This article will address certain short falls or limitations that can result in either the closure or unsuccessful implementation of an EB captive programme. The following are common triggers that can create such a scenario:

  • Tactical policies are applied to strategic initiatives
  • Profitability targets erode local subsidiary benefits
  • Inability to align key corporate stakeholders
  • EB captive structure platform is over-complicated
  • Failure to convey the value proposition of the EB captive

Let’s address each of the main causes in greater detail:

Tactical policies are applied to strategic initiatives

One of the primary objectives of a captive is to maintain long-term pricing stability for its local country participants. While employee benefit claims’ experience is extremely predictable year on year, there will be instances when a large loss (large life claim) or poor claims experience (a spike in medical claims) occurs, significantly deteriorating the local country’s claim results.

Applying aggressive premium increases to recoup such losses at subsequent renewals can allow for local carriers to undercut the captive’s pricing or create resentment from country management, eliminating a level of trust between the local subsidiary and the home office.

Most captive programmes operate on a long-term rolling annual combined ratio basis of under 100%, making EB risk benefits desirable to risk management for its predictability and spread of risk versus that of many P&C coverages.

Profitability targets erode local subsidiary benefits

Numerous companies have taken advantage of utilising their captive as a profit centre. This can be accomplished by writing different customer-oriented third-party coverages, such as: warranty coverage, auto and fleet cover, marine cargo, etc.

Most EB captives will operate on a breakeven basis (no profit) when writing cover for subsidiaries of the parent cover. When a captive seeks to reinsure cover on a for profit bass, it places the captive in direct competition with the local insurance market.

Such an approach erodes the advantages that reinsuring risk benefits brings a company in controlling long term benefit costs.

It also removes revenues from local businesses that can be applied to core business opportunities within its respective industry sector or detracts from plan design improvement opportunities impacting the attraction and retention of key talent; further affecting innovation and productivity.

Inability to align key corporate stakeholders

There is a saying attributed to Peter Drucker, management consultant and author, that states: “Culture eats strategy for breakfast”.

In other words, culture can either hinder or enhance the implementation and application of key strategic initiatives.

Various companies rely on policies that have been demonstrated to be effective in the past, which is a respectable position to adopt, but can stifle a company into accepting approaches that have grown obsolete or ineffective compared to new opportunities.

As EB captives are relatively new to the market, companies may be risk adverse into accepting EB insurance exposures into a subsidiary of the parent company. Also, clients may be reticent to make changes due to external opinions from subject-matter experts that have conflicting agendas.

While a company may be already operating or currently considering an EB captive, it is important that key stakeholders (risk management, human resources, finance and legal) are aligned to the employee benefits strategy and are well versed in the short and long-term advantages and challenges with the overall funding methodology.

Early and regular engagement across stakeholders can help avoid confusion and/or misinterpretation, especially around claim results and annual pricing changes.

EB captive structure platform is over-complicated

While many companies have modified the process used for reinsuring employee benefits into their respective captives, there are key components that should be maintained for a programme to stand the test of time:

  • One of the main purposes of an EB captive is to minimise the premiums being paid for reinsured benefits, while simultaneously offering subsidiaries long-term rate stability. Programmes will struggle when rating actions are based on short-term claims results or head office profitability requirements, reducing the appeal to local stakeholders impacting both plan design enhancements and/or financial advantages.
  • The risk of reinsuring benefits into a captive should be viewed more so as a timing risk as opposed to an underwriting exposure (assuming proper geographical and line of cover spread of risk can be achieved). Historically, successful programs strived on securing as many countries into the program as quickly as possible, resulting in greater geographical spread of risk, increased predictability with larger premium volumes, thus limiting the effect of large losses or poor results in single country. Applying selective country implementation based on underwriting criteria stagnates the growth of the programme while exposing the captive to large losses and/or poorly performing policies.
  • Maintaining pooling or locally insured programmes that are less complicated. Quarterly captive reporting versus that of annual pooling results enhances the tracking of premiums and claims resulting in the following improvements: cashflow optimisation, prevention and mitigation campaigns, and effective plan design management (governance and plan enrichments).

Failure to convey the value proposition of an EB captive

Introducing an EB captive programme can present challenges, especially in gaining stakeholder buy-in, notably from HR. In most countries, HR oversees the local placement of EB schemes.

It is imperative that HR understands how an EB captive programme will impact their role and improve the management of employee benefits.

HR and benefit specialists are responsible for a multitude of tasks ranging from; sourcing and managing local insurers, designing plans, negotiating terms and costs, to overseeing renewals and employee inquiries.

Managing these tasks alongside other HR responsibilities, especially when multiple benefit programmes exist, consumes time and detracts from strategic priorities.

Implementing an EB captive program can significantly streamline these processes, serving as a valuable time-saving tool for HR.

These time efficiencies, combined with enhanced access to data and flexible plan designs, empower HR to concentrate on the core aspects of benefit management, designing and delivering benefits in line with their strategic goals and engaging employees effectively.

Effective communication about the value of an EB captive programme across all organisational levels: globally, regionally, and locally, is vital.

Such communication ensures alignment and commitment among stakeholders which is essential for maintaining a sustainable programme in any organisation.

While EB captives may not be appropriate for all companies, a properly implemented and managed programme can promote cost savings, plan design management, enable a company’s global DE&I strategy, prevention and mitigation opportunities; all via a single platform that is more effective than most currently available funding mechanisms.

Those companies that lack the necessary volumes/sufficient premiums, risk tolerance and/or geographical spread may not be suited for such an approach and will need to rely on multinational pooling, self-funding or locally insuring their risk benefits coverages.

Conclusion

That said, even with these caveats’ consideration should be given to reinsuring EB risks into a captive to gain financial savings and efficiencies, but to also achieve the following:

  • A better understanding and an ability to report on your global employee benefit spend and exposures, resulting in superior governance of your global benefit promises.
  • Control over these exposures and costs centrally without necessarily changing the current benefit offering, but ensuring that it is not altered without approval and proper cost consideration (both present and future).
  • Enhanced control and oversight of divestitures and acquisitions affecting EB costs and liabilities.

The ability to deliver to your global benefit strategy by introducing global diversity and inclusion initiatives at minimal cost and time effort.

Domicile Wars: Special purpose captives, regulatory autonomy benefits South Carolina’s proposition


  • Early entrant into US captive market has resulted in sophisticated captive infrastructure
  • Special purpose captives gives regulator and owners flexibility
  • State has not targeted local businesses for re-domestications
  • Branch captives under discussion for future legislation

The proficiency and autonomous nature of the captive division is one of the mains reasons South Carolina has become a popular domicile option in the United States, according to regulators and local industry professionals.

The State benefited from being one of the early adopters of captive legislation in the United States, with its 2001 law coinciding with the beginning of a hard commercial insurance market.

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Nevada “back on the map” as captive domicile – Commissioner Kipper

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Nevada Insurance Commissioner Scott Kipper is “awfully bullish” on the future of captives in the State and believes it has an opportunity to put Nevada “back on map” as a top three or four domicile for US captives.

At the end of 2022, there was 155 captives licenced in Nevada.

Kipper was appointed Insurance Commissioner for Nevada in February this year following the resignation of Barbara Richardson, who had served in the role since March 2016.

Deputy Nevada insurance commissioner Nick Stosic believes one key factor hampering the State’s recent efforts to drive captive growth was the lack of an active captive Association.

“We now have an active Association and they’re working with us to help make sure we can have booths at various events and have some additional resources to promote what Nevada has to offer,” he said.

Stosic said the State is always trying to evaluate how it can provide an adequate regulatory environment, while also making sure they are not an impediment to captives.

“We’re looking at that balance all the time of what we need to properly regulate, but also make sure that we’re being reasonable in our requests,” he said.

Recent regulatory changes

Stosic told Captive Intelligence that the state recently changed the annual reporting requirements for captives.

Instead of reporting on 1 March, captives are now required to provide their annual reports by the end of July, the same period that audited financial statements and actuarial reports are due.

“We think that is going to be one area that will add additional simplicity, as instead of using estimated numbers, they are now going to have audited numbers and they are only going to have to file the one time instead of doing the two filings with us,” Stosic said.

Currently, any material business plan change must be filed with the division for preapproval, but the regulators are working with the captive industry to introduce new materiality standards.

This will mean that a change up to a certain level in premium or coverage would be allowed to be performed by the captive without requiring preapproval.

“Obviously, they’ll have to report to us later that they have it included in their annual report,” Stosic said.

“Very often they’re making just minor tweaks and coverages every year, and it seems like both overuse of our staff and unnecessary burden to having to always get approval before they can make those changes.”

Stosic believes Nevada has an “incredible” tax environment, while the state also has other statutes including D&O protection that make it “unique”.

Cannabis

Nevada was one of the first states in the US to approve cannabis risk.

“Since it’s a legal business in our state we feel it is important to try and make insurance coverage available for those business,” Stosic said.

“We have welcomed that as a risk, and even changed some of our statutes to make the banking a little bit easier.”

Despite state approval for cannabis risk, Kipper said Nevada has not had too much interest in cannabis captives.

“But we are welcoming those opportunities where entrepreneurs might want to dip their toes in,” he said.

“We’re happy to assist where we can provide, not only a technical guidance, but also all the other items that regulators can provide.”

Assembly Bill 398

Recent Nevada legislation, which disallows liability insurers from using eroding policy limits, which reduce policy limits by defence fees and costs for all insurance companies in the state, had previously been criticised by the National Risk Retention Association (NRRA).

Stosic said that one important caveat of the regulation is that it specifically states risk retention groups are not subject to Assembly Bill 398.

He also highlighted that Nevada currently has emergency regulation in effect while the permanent regulation gets through the legislature.

“The emergency regulation also specifically excludes risk retention groups, and the permanent regulation that the legislature pre-approved yesterday also specifically says that that Bill does not apply to risk retention groups and non-admitted lines,” Stosic said.

Pool Re renews reinsurance contract with Guy Carpenter

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Great Britain’s terrorism reinsurance pool, Pool Re, has renewed its reinsurance broking contract with Guy Carpenter for three years, with an option to run to five.

Pool Re’s reinsurance covers property damage arising from nuclear, biological, chemical, and radiological attacks (CBRN), as well as property damage arising from cyber-triggered terrorist losses and conventional terrorist acts, and non-damage business interruption.

Any type of insurer, including captives, that cover terrorism risk in the UK can access the Pool Re reinsurance fund. Captives in various domiciles are members of Pool Re.

Pool Re’s reinsurance is estimated to underpin around 90% of the commercial property terrorism cover in Great Britain, protecting more than £2tn of assets belonging to businesses of all sizes across a range of sectors.

 “The reinsurance that Pool Re buys is a fundamental part of our effort to find proactive ways to return risk to the market which is, in turn, a pre-condition of the unlimited financial support we continue to receive from HMT,” said Tom Clementi, CEO of Pool Re.

“Our reinsurance programme, which is the largest terrorism reinsurance programme in the world and has included two ground-breaking ILS deals, is core to our strategy and we are delighted to have reappointed Guy Carpenter as our reinsurance broker.”

He highlighted that Guy Carpenter has “significant skills and experience” in this area and will continue to be an important partner.

Guy Carpenter will support Pool Re in returning risk and premium to the private sector and comes as Pool Re seeks to modernise its treaty arrangements.

“We are delighted to be able to continue our long partnership with Pool Re which has seen the company achieve so much with the support of our terrorism and public sector focused practices,” said Paul Moody, CEO of Guy Carpenter, UK.

“The next few years will once again be pivotal for Pool Re and we are proud that they have chosen to work with Guy Carpenter on this next phase of their journey.”

New FERMA president keen to expand advocacy capabilities

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Charlotte Hedemark has been appointed president of the Federation of European Risk Management Associations (FERMA).

Hedemark, who is a senior risk manager at SAP, took on the role at an official handover ceremony which took place at a FERMA seminar in Antwerp on 16 October.

“We want to expand our advocacy capabilities,” she said. “By developing partnerships with other EU professional or sectorial associations, and inside EU institutions.”

“We want to tap into even more expertise and knowledge and increase the involvement of the national risk associations in our advocacy work.”

FERMA has made some progress in recent years on lobbying for greater proportionality applied to captive regulation under Solvency II.

Hedenmark replaces Dirk Wegener, who concluded his four-year term as president with a speech during the FERMA seminar.

“FERMA has become much more impactful and effective in its advocacy work,” he said. “I would like to thank our members for their active engagement in our committees and working groups.

“This strengthens our expertise and the value we provide, both of which are recognised by the European institutions.”

He also highlighted the “tense but increasingly collaborative” relationship FERMA has with the insurance sector.

“We have cooperated with the insurance industry on regulatory issues and crucially ways to support risk transfer and I am sure FERMA will continue to increase dialogue and take concrete action on key issues for the insurance and risk management communities,” he added.

“I leave my role as President with FERMA in a strong position, and I am passing the baton on to Charlotte, knowing that the future of FERMA is in extremely capable hands.”

TDI re-hires Robert Rudnai as Texas’ first dedicated captive specialist

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The Texas Department of Insurance (TDI) has re-hired Robert Rudnai as a captive specialist, where he will be responsible for licensing and monitoring Texas-domiciled captives.

Rudnai started in his new position on 2 October and is the result of State lawmakers directing the TDI to employ a specialist to support captive insurance oversight after lobbying from the Texas Captive Insurance Association (TxCIA).



“There’s an opportunity now to use the experience and operational knowledge gained over the last decade to evaluate and refine processes and procedures,” Rudnai said.

“This starts by my listening to our stakeholders and considering their perspectives.”

Rudnai previously worked at the TDI as a financial analyst, where he provided oversight to captives, and evaluated captive applications as part of his role.

Members of the captive industry operating in Texas had previously expressed concern over the length of time it was taking to establish a captive in Texas compared to other domiciles.

“The issue in Texas right now is staffing,” Andrew Marson, managing director at Strategic Risk Solutions and a TxCIA board member, told Captive Intelligence for our Texas long read published in January.

“They’re really struggling to employ people at the TDI. So, the speed of which you can form a captive in Texas is significantly slower than other domiciles.

“Therefore, it’s not attractive from that perspective, because it does take quite a bit of time.”

At the end of 2022, Texas had 73 captives licenced in the state, of which 72 were pure captives.

ZGEBS adds Bupa as Turkey partner to offer private medical cover

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Zurich Global Employee Benefits Solutions (ZGEBS) has partnered with Bupa Acıbadem Sigorta (Bupa) to offer private medical cover for its customers in Turkey.

ZGEBS provides risk management, data and financing solutions for the international employee benefit plans of multinationals companies, including pooling and fronting for captive EB programmes.

Bupa has more than 7,000 organisations in its medical network and is one of the only providers in Turkey specialised solely on private health insurance.

“At the heart of our collaboration lies a shared focus on innovation and efficiency,” said Patricio Delacroix, head of network partner management operations at ZGEBS.

“Bupa’s cutting-edge automatic provision systems, developed internally with a stringent emphasis on claims analysis and sustainable pricing, optimises provision times and elevates the customer experience.”

Zurich offers health insurance solutions in more than 100 markets and covers more than one million employees.

“We both share the ambition of creating value for our customers,” said Işıl Kücük, chief sales officer at Bupa.

“Bupa’s strategy aligns perfectly with ZGEBS’ vision of transparency, measurability, and a win-win framework.

“By joining forces, we aim to optimize the pace and quality of insurance services and to reach a broader range of multinational customers.”

Lowering premiums, “winning hearts and minds” key to captive EB success

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Risk managers are in a strong position when they implement a captive employee benefits programme because they have the power to lower premiums and engage the whole group, according to Marc Bentley, InterContinental Hotels Group director of risk finance, and Matthias Helmbold, vice president of global risk benefits, health and wellbeing at DHL.

Helmbold and Bentley were speaking on a panel at a London event organised by MAXIS Global Benefits Network and Captive Intelligence, that was also recorded for the Global Captive Podcast. Listen to the episode here, below or on any podcast app.

Bentley discussed how IHG had started reinsuring some employee benefits through the captive in 2017, while Helmbold reflected on DHL’s long journey, beginning in 1996, as the first company to take this approach.

Helmbold said the DHL programme had been successful because they were able to use premium pricing as a tool to encourage participation across the business.

“This is a muscle that I think is underutilised by a lot of EB captives. The risk managers are in a very, very strong position here,” added.

“The DHL programme did not grow because of a global mandate to place all EB covers into the captive. It was on the basis of actually being the best offer out there and business units actually saving money.”

Bentley agreed with this approach and said when IHG began captive participation, he did not to put a global mandate in place.

“It is absolutely a partnership so I purposely did not want the mandate coming down from  up above,” he explained. “We’ll engage and we’ll win hearts and minds to make sure that this is a long-term solution for the company.”



Helmbold said employee benefits can be seen as a “tame animal” compared to some other risks that captive owners grapple with.

He said: “You need a bit of knowledge, you need to understand your medical trends, your long tail business, but compared with the exposures that you may be dealing with in your property programmes, or your D&O, and not even mentioning cyber risk, it’s high frequency, lower impact in many cases compared to many other risks that captives are writing.”

Helmbold added that collaboration with different parts of the business is key to creating understanding and support for the captive approach to financing employee benefits through a captive.

“Procurement is one example where people need to know what’s going on,” he said. “HR is key as they are the owners of policies locally and they are in charge of the benefit design, but not of the financing necessarily.

“Likewise, the sponsorship and the support from senior management. It is equally important that your CFO, CEO do know and understand and what’s going on and you don’t have any surprises.”

Concerning the quantitative and qualitative benefits resulting from the captive EB approach, both said it had been a success with further initiatives planned in the future.

Bentley said the multinational’s focus had initially been on improving its benefits offering, but it had since realised other benefits too.

“Our original goal with the captive programme was to enhance the benefits we were offering to our people – that was our original aim and we were successful,” he explained.

“As much as it wasn’t intended to be a cost saving, we’ve also achieved brilliant savings. We’ve probably saved about 30% on premium that was going out of the business, which is obviously positive, but not necessarily one of the key drivers or goals.”

Since 2015, DHL’s Health & Wellbeing programme has helped the company to mitigate medical trend, he said.

“At the moment we’re looking at savings north of €10 million on €80 million premium. Those are impressive numbers.”

GCP Short: DHL & IHG – journey to an EB captive

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Aaron Brown, MAXIS GBN
Matthias Helmbold, DHL
Marc Bentley, IHG

In this GCP Short, produced in partnership with MAXIS Global Benefits Network, Richard shares a live discussion recorded with two experienced EB captive users:

Marc Bentley, Director of Risk Finance at IHG, and Matthias Helmbold, Vice President of Global Risk Benefits, Health and Wellbeing at DHL.

Marc and Matthias explain when, why and how their respective companies started reinsuring international employee benefits in their captive, lessons learned along the way, how their programmes have evolved over time and what they want to achieve in the future.

The episode is introduced by Richard and Aaron Brown, Regional Manager for Business Development in the UK & Ireland at MAXIS.

For more information on MAXIS and its captive services, visit its Friend of the Podcast page.

Stay up to date with all major developments in the captive market by signing up to the twice-weekly Captive Intelligence Newsletter.

Jeff Carr joins Liberty Specialty Markets

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Liberty Specialty Markets has appointed Jeff Carr as global client executive after spending three and a half years in a similar role at Crawford & Company.

Carr will be responsible for growing and developing client relationships and delivering solutions that meet current and future needs.

Laura Burns, head of client management at Liberty, said: “ I am delighted that Jeff has joined our growing Client Management team. As well as a wealth of experience, Jeff brings a consultative style and a proven track record of delivering solutions, and I am very confident that our partners will love working with him.”

Captive Intelligence understands Liberty is keen to build out its captive capabilities and plans to make further hires with experience in this area.

Carr has extensive experienced with multinational clients and captive programmes, particularly with global programmes.

Prior to joining Crawford in 2020, he held several roles at QBE Europe, Chubb and AIG.