BULLETIN NO.: MGR-99-005
TO: All Reinsured Companies
All Risk Management Agency Field Offices
All Other Interested Parties
FROM: Kenneth D. Ackerman /s/ Ken Ackerman 2-22-99
Administrator
SUBJECT: Payment of Rebates, Dividends, and Patronage Refunds
The Risk Management Agency (RMA) has received numerous complaints regarding
certain marketing practices involving potential rebates. RMA is in the
process of publishing a regulation to govern these practices. Currently,
the Standard Reinsurance Agreement specifically prohibits rebates and rebating
of any kind.
Payment of rebates, dividends, and patronage refunds, if improperly made, may
have an adverse effect on RMA's ability to devise and establish an effective
and efficient crop insurance marketplace. An effective and efficient marketplace
is necessary to best meet the risk management needs of producers. RMA must also
be provided the opportunity to fulfill its responsibility to protect the integrity
of the crop insurance program and its participants.
Dividends and patronage refunds are normal business practices for mutual,
cooperative, and certain other insurance companies as well as to certain kinds
of cooperatives such as insurance-buying groups and certain agricultural lenders.
However, if dividends and patronage refunds are guaranteed to potential
policyholders in advance, or are made contingent upon the continued purchase of
crop insurance policies, or the payments are made only to insureds, such
inducements are prohibited rebates.
RMA strongly advises that any marketing activity, as described in this
memorandum, which may have the potential to disguise rebating schemes cease
and desist immediately until RMA has published its regulations governing
such practices.
If you should have any questions, please contact your Reinsurance Services
Division account executive.