BY: Dawn Morgan
Vice President, Benefit Indemnity Corporation
Phone: 443-275-7412
Email: dawn.morgan@benefitindemnity.co
The word "cool" became popular back in the 1950s and most people today still relate to the 50s slang definition of what they refer to as cool. But what is and isn't "cool" most certainly has changed. In the 1960's it was "cool" to smoke cigarettes. In 2025, not so much. In the 1980s "gnarly" and "rad" were used to mean the same thing. Used today, young people may question "is it twisted" or "are we talking physics?" In the early 2000s it was "dope" and then later came "lit." Is it cool? Are we talking drugs? Or is it on fire? Many have used the word "hot" to describe someone attractive. But could we also suggest that something is stolen?
In the sales world "deeper dive" became so increasingly popular, I once suggested to a colleague that we play a drinking game every time someone in a meeting used the term that we should do a shot (no, I'm not suggesting nor advocating drinking games, just a joke). The overuse was just too much. In social settings and casual conversation, trendy slang is acceptable and the norm. But in a business meeting, discussing legal contracts, do we want to be trendy or do we want to use the true definition of words?
The term "level funding" originated as a product name. The broker market quickly adapted to using it as it softened the introduction of self-funding to their clients. It made it easier to have the conversation. It also made it feel "safe" for a broker to sell it. But what does "level funding" mean? In terms of a true definition, it means nothing. In terms of what a carrier or TPA is offering, it means whatever they want it to mean. In terms of group insurance, an employer is either self-funding their benefits or offering a fully insured plan. There is no in between. You may be offering a product marketed as "level funded" but be aware that contract language will vary, depending on who is behind it.
In most cases, the reason a product is being referred to as "level funded" is because there is an aggregate accommodation rider built into the stop loss policy that provides the carrier advances funds that are otherwise the employer's responsibility. This allows them to pay it back in their usual monthly funding, thus keeping their monthly bill the same. The terms of the contract in terms of minimum aggregate liability, run out provisions, and otherwise can vary significantly. I've also known some who proclaim to be "experts" in level-funding. The waters in that market are so murky, I'm not sure how once could claim to be.
But I can tell you that the Sales Consultants at BIC will be sure to scour the legal contract on a product to be sure you know what you are selling. So, while trendy may get you in the door and make you popular, knowing legal contract language will keep you out of an E&O claim.
Self-funded plans are subject to certain laws and it's critically important to be aware of them and to make your clients aware they are either self-funded or fully insured and must abide by the proper laws accordingly. There is no middle ground.
For the love of law, I wish the term would go the way of the dinosaur. Hoping this article "did not disappoint" (insert eye roll). Because if you went into it assuming it would, please be sure to post on social media that it did not.
