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Informational Memorandum-IS-18-003

Date
To
All Approved Insurance Providers
All Risk Management Agency Field Offices
All Other Interested Parties
From
Robert Ibarra Deputy Administrator for Insurance Services
Subject
Livestock Risk Protection - Lamb – User Fee Notification

American Sheep Industry Association (ASI), the developers of the Livestock Risk Protection – Lamb (LRP-Lamb) plan of insurance, advised the Federal Crop Insurance Corporation (FCIC) Board of Directors (Board) of their intent to continue maintenance of the LRP-Lamb plan of insurance and charge a user fee to approved insurance providers (AIP) selling the plan. Section 522(b)(4)(C) of the Federal Crop Insurance Act (Act) allows submitters to maintain approved 508(h) products and charge a user fee to approved insurance providers (AIP) that elect to sell the policy.

Section 522(b)(4)(D)(ii) of the Act and 7 C.F.R. 400.712(l)(5) provide that the Board will determine the reasonableness and approve the amount of user fee that is payable to the applicant by the AIP. The user fee is owed by the AIP and cannot be passed on to producers as an increase in premium or an administrative charge.

On February 13, 2018, the Board approved the continuation of a user fee in the amount of 4.25% per earned premium dollar or $130 per unit earning premium, not to exceed a total annual amount of $30,000 for all policies covered under the LRP-Lamb plan of insurance beginning with the 2019 reinsurance year. The Board will review the user fee in future years to ensure that the amount is representative of the maintenance costs for the product.

The regulation provides that it is ASI’s responsibility to collect the fees from AIPs, and any indebtedness for such fees must be resolved by ASI and the AIP. Upon request, FCIC may provide the amount of premium earned by each AIP to ASI.

If you have any questions regarding the user fees, please contact the Deputy Administrator at deputyadministrator@rma.usda.gov.