HARRY HUGHES, Governor
2693
(B) THE COMMISSIONER SHALL ADOPT REGULATIONS TO CARRY OUT
THE PROVISIONS OF THIS SUBTITLE. THE REGULATIONS SHALL INCLUDE:
(1) CLASSIFICATIONS OF BUSINESSES AND INDUSTRIES,
BASED ON THE TYPE OF ACTIVITY CONDUCTED BY THE BUSINESS OR
INDUSTRY, WITHIN WHICH EMPLOYERS MAY JOIN TOGETHER IN
SELF-INSURANCE GROUPS;
(2) AS TO EACH CLASSIFICATION, A MINIMUM LEVEL OF
CONTRIBUTION TO BE MADE WHICH SHALL BE AT LEAST $250,000 IN
PREMIUMS COLLECTED FROM OR PLEDGED BY MEMBERS OF A GROUP TO A
FUND FROM WHICH COMPENSATION CLAIMS SHALL BE PAID;
(3) CONDITIONS UNDER WHICH CONTRIBUTIONS BY MEMBERS
OF A SELF-INSURANCE GROUP MAY BE REBATED OR TEMPORARILY
SUSPENDED;
(4) AS TO EACH CLASSIFICATION, A MINIMUM LEVEL OF
EXCESS INSURANCE COVERAGE THAT SHALL BE OBTAINED BY EACH GROUP;
AND AND THE REQUIREMENT THAT THE MINIMUM LEVELS OF EXCESS
INSURANCE ADOPTED UNDER THIS SECTION MAY BE SATISFIED BY PLACING,
IN A DEPOSITORY DESIGNATED BY THE COMMISSIONER, SECURITIES IN A
FORM AND AMOUNT PRESCRIBED BY THE COMMISSIONER;
(5) AS TO EACH CLASSIFICATION, A MINIMUM SURETY BOND
OF AT LEAST $100,000 THAT SHALL BE OBTAINED BY EACH GROUP . ; AND
(6) AS TO EACH ADMINISTRATOR OR SERVICE COMPANY, A
MINIMUM BOND THAT MAY BE REQUIRED BY THE COMMISSIONER IN ADDITION
TO ANY OTHER BOND THAT MAY BE REQUIRED.
(C) A SELF INSURANCE GROUP MUST OBTAIN THE PRIOR APPROVAL
OF THE COMMISSION BEFORE IT MAY FUNCTION. BEFORE A SELF-INSURANCE
GROUP MAY FUNCTION, IT MUST OBTAIN THE COMMISSIONER'S APPROVAL,
INCLUDING APPROVAL OF THE GROUP'S SELF-INSURANCE AGREEMENT.
(D) EACH SELF-INSURANCE GROUP SHALL HAVE A COMBINED NET
ASSETS WORTH OF AT LEAST $1,000,000.
(E) (1) THERE SHALL BE A SELF-INSURERS' GUARANTY FUND,
ADMINISTERED BY THE UNINSURED EMPLOYERS' FUND, INTO WHICH EACH
SELF-INSURANCE GROUP SHALL PAY AN ASSESSMENT AT THE SAME LEVEL
ASSESSED AGAINST OTHER WORKMEN'S COMPENSATION INSURERS BY THE
MARYLAND INSURANCE GUARANTY ASSOCIATION UNDER SUBTITLE 33 OF THIS
ARTICLE.
(2) WHENEVER A GROUP BECOMES INSOLVENT, ANY
OUTSTANDING OBLIGATIONS OF THE GROUP SHALL BE PAID BY THE
SELF-INSURERS' GUARANTY FUND.
(3) IF THE SELF-INSURERS' GUARANTY FUND BECOMES
INSOLVENT, ANY OUTSTANDING OBLIGATIONS OF AN INSOLVENT
SELF-INSURANCE GROUP SHALL BE A JOINT AND SEVERAL LIABILITY OF
EACH MEMBER OF THE GROUP.
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