The form you choose determines who regulates it and which specialists you need. Funding is the discipline that matters most: outside a licensed insurer, no regulator sets a reserve for you.
| Form | What it is | Oversight | Main specialist |
|---|
| Deductible or self-insured retention | You pay losses up to a level under a conventional policy | Policy terms; no license | Broker, TPA |
| Funded reserve or trust | Money set aside against expected claims | Internal governance; trustee if used | Actuary, finance |
| Self-insured workers’ compensation | State-approved retention of statutory benefits | State workers’ compensation regulator | TPA, actuary, counsel |
| Self-funded health plan | Employer pays employee health claims | Federal law (ERISA); stop-loss regulated by states | TPA, benefits counsel |
| Captive | Retention formalized in a licensed insurer | Domicile insurance regulator | Captive manager, actuary, counsel |
Organizations usually move toward a captive when they retain several risk types or jurisdictions, want direct reinsurance access, or need to formalize retention for related entities. Tax treatment differs by form and facts and needs specialist advice. A TPA and an actuary are the usual first engagements.