INFORMATIONAL MEMORANDUM: R&D-95-008 TO: All Reinsured Companies All Risk Management Field Offices CFSA Headquarters, State, and County Offices FROM: Tim B. Witt Acting Director Research and Development Division SUBJECT: Multiple Peril Crop Insurance Application Requirements for Farming Operations Involving Spouses, Family Farms and Multiple Entities Insured Under One Policy ISSUE: There has been confusion over the number of policies required to maintain eligibility for certain other Department of Agriculture (USDA) program benefits when spouses (or families living in the same household) are farming jointly or separately and when joint operations or other multiple entities are involved. BACKGROUND: Recently, the Acting Deputy Administrator, Program Delivery and Field Operations of the Consolidated Farm Service Agency (CFSA) issued Catastrophic Risk Management Notice RM-5 to all CFSA State and County Offices. This notice included the following: "A husband and wife can have one policy and a spouse can sign the policy for the other insured. However, if each receives farm program benefits separately, they each will need an individual policy for linkage purposes. Generally speaking, every producer who receives an individual farm program benefit must have an individual policy." The Federal Crop Insurance Reform Act of 1994 (Act) states: "To be eligible for any price support or production adjustment program, the conservation reserve program, or any benefit described in section 371 of the Consolidated Farm and Rural Development Act, the producer must obtain at least the catastrophic level of insurance for each crop of economic significance grown on each farm in the county in which the producer has an interest, if insurance is available in the county for the crop." The Federal Crop Insurance Corporation (FCIC) 1995 Common Policy Basic Provisions (Section 10, Share Insured) allow an insured to obtain additional coverage for the landlord's or tenant's share of the crop. The Act states that the producer must obtain insurance on each farm in which he has an interest; therefore, this policy provision provides the means by which the linkage requirement is met. CFSA allows a husband and wife who farm together as a family farm, joint operations and partnership entities to receive separate farm program benefit checks. For payment limitation purposes, benefits are combined to compute one amount towards the combined maximum limitation. FCIC requires only one insurance contract when the insurable share is owned jointly or separately by the spouses. Additionally, only one policy is written for joint operations, partnerships, etc. ACTION: For multiple peril crop insurance purposes, existing procedure regarding insurable entities as provided in the Crop Insurance Policy, Catastrophic Risk Protection Handbook, Service Office Handbook for Catastrophic Risk Protection and other FCIC approved procedures will be followed. This means that separate policies will only be required or allowed when the entities with insurable interests are separate as described in existing FCIC approved policies and procedures. Eligibility for certain other USDA program benefits will not be affected as long as the crop share/interest of the appropriate legal entities are insured under at least the catastrophic level of coverage.