2021 Oregon Revised Statutes
Chapter 735 - Alternative Insurance
Section 735.065 - Required association functions; assessments.


(a) Have authority on behalf of its members to arrange for the issuance of property insurance policies by service insurers and to reinsure any of those policies in whole or in part and to cede such reinsurance, subject to the plan.
(b) Assess member insurers the amounts necessary to pay the expenses incurred by the association in meeting its obligations and exercising its duties and powers under ORS 735.005 to 735.145.
(2) Except as provided in subsection (3)(a) and (b) of this section, the assessment of each member insurer for a particular calendar year shall be in the proportion that the net direct written premiums of the member insurer for the second preceding calendar year bears to the net direct written premiums of all member insurers for the second preceding calendar year. Each member insurer shall be notified of an assessment not later than the 30th day before the day it is due. If the funds of the association do not provide in any one year an amount sufficient to pay the expenses of the association, the funds available shall be prorated among the expenses and the unpaid portion shall be paid as soon thereafter as funds become available. If an assessment would cause a member insurer’s financial statement to reflect an amount of surplus less than the minimum amount required for a certificate of authority by any jurisdiction in which the member insured is authorized to transact insurance, the association may, in whole or in part, exempt the member insurer from payment of the assessment or defer payments.
(3)(a) The maximum assessment of a member insurer for any calendar year shall be two percent of the insurer’s net direct written premiums for the second preceding calendar year.
(b) The minimum assessment of a member insurer for any calendar year shall be $50.
(4) Reimburse inspection bureaus, service insurers and employees of the association for expenses incurred in the inspection or insuring of property on behalf of the association, and pay all other expenses the association incurs in carrying out the provisions of ORS 735.005 to 735.145.
(5) Undertake a continuing public education program in cooperation with member insurers and insurance producers to assure that the plan receives adequate attention.
(6) Undertake a continuing education program to advise the public of the steps which may be taken to make property more insurable against crime, personal liability and the perils named in ORS 735.005 (3). [1971 c.321 §8; 1979 c.818 §3; 2003 c.364 §89]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 18 - Financial Institutions, Insurance

Chapter 735 - Alternative Insurance

Section 735.005 - Definitions for ORS 735.005 to 735.145.

Section 735.015 - Purpose.

Section 735.055 - Association board of directors; appointment; compensation, expenses of members; quorum.

Section 735.065 - Required association functions; assessments.

Section 735.075 - Discretionary association functions.

Section 735.085 - Plan of operation; submission to director; approval of plan; compliance with plan; rules.

Section 735.095 - Contents of plan of operation.

Section 735.150 - Definitions for ORS 735.150 to 735.190.

Section 735.152 - Application of laws.

Section 735.154 - Rules.

Section 735.156 - Confidentiality of documents and materials; public disclosure.

Section 735.158 - Certificate of authority; restriction on types of insurance; requirements for certification; requirements for corporations; fees; expiration and renewal of certificate.

Section 735.160 - Business name.

Section 735.162 - Capital and surplus requirements; form permitted; security for branch captive insurers; dividends and distributions.

Section 735.164 - Incorporation of pure captive insurer and association captive insurer; application; fee; approval; alien captive insurer; application of corporation laws.

Section 735.166 - Investment requirements for association captive insurer.

Section 735.168 - Allowable risks for captive insurer; risk distribution pool; annual actuarial opinion; rules.

Section 735.170 - Rating organization.

Section 735.172 - Reporting; contents; filing date; waiver of annual statement for alien captive insurer; rules.

Section 735.174 - Examination; frequency; scope; payment of expenses.

Section 735.176 - Compliance with sound actuarial principles.

Section 735.178 - Suspension or revocation of certificate of authority.

Section 735.180 - Branch captive insurer as pure captive insurer; rules.

Section 735.182 - Examination of branch captive insurer and alien captive insurer; payment of charges and expenses.

Section 735.184 - Requirements for foreign captive insurer to provide insurance in this state.

Section 735.186 - Management of assets of captive reinsurer.

Section 735.188 - Application of captive reinsurer for certificate of authority.

Section 735.190 - Incorporation of captive reinsurer.

Section 735.200 - Legislative findings; purpose.

Section 735.205 - Definitions for ORS 735.200 to 735.260.

Section 735.210 - Formation of market assistance plans; rules.

Section 735.215 - Findings prior to formation of joint underwriting association; hearing.

Section 735.245 - Conditions for policyholder surcharge.

Section 735.265 - Liquor liability insurance risk and rate classifications; rules.

Section 735.305 - Definitions for ORS 735.300 to 735.365.

Section 735.310 - Qualifications for risk retention group; plan of operation; application; notification to National Association of Insurance Commissioners.

Section 735.315 - Foreign risk retention groups; conditions of doing business in Oregon; prohibited acts.

Section 735.320 - Relationship to insurance guaranty fund and joint underwriting association.

Section 735.330 - Purchasing groups; notice of intent to do business; registration; exceptions.

Section 735.400 - Purposes of ORS 735.400 to 735.495.

Section 735.405 - Definitions for ORS 735.400 to 735.495.

Section 735.410 - Conditions for procuring insurance through nonadmitted insurer; rules.

Section 735.415 - Qualifications for placement of coverage with nonadmitted insurer.

Section 735.417 - Insured required to report and pay taxes on independently procured insurance covering Oregon home state risks.

Section 735.420 - Declaration of ineligibility of surplus lines insurer.

Section 735.425 - Filing by licensee after placement of surplus lines insurance.

Section 735.430 - Surplus Line Association of Oregon; fees.

Section 735.435 - Evidence of insurance; contents; change; penalty; notice regarding Insurance Guaranty Association; rules.

Section 735.455 - Authority of licensee; rules.

Section 735.460 - Records of licensee; examination.

Section 735.465 - Monthly reports; rules.

Section 735.470 - Premium tax; collection; payment; refund; rules.

Section 735.480 - Suspension or revocation of license; refusal to renew; grounds.

Section 735.485 - Actions against surplus lines insurer.

Section 735.490 - Jurisdiction in action against insurer; service of summons and complaint; response.

Section 735.495 - Short title; severability.

Section 735.500 - Requirements for certification as retainer medical practice; disclosures; rules.

Section 735.510 - Notice to department of specified changes to practice.

Section 735.515 - Charges for services not covered by contract.

Section 735.520 - Oregon Essential Workforce Health Care Program; supplemental payments to eligible employers; requirements for participation; rules.

Section 735.530 - Definitions for ORS 735.530 to 735.552.

Section 735.532 - Registration of pharmacy benefit managers; fees; rules.

Section 735.533 - Denial, suspension or revocation of registration as pharmacy benefit manager; basis; complaint; rules.

Section 735.534 - Claim reimbursement; maximum allowable costs; documentation; rules.

Section 735.536 - Requirements for pharmacy benefit manager’s reimbursement for cost of drugs; rules.

Section 735.540 - Definitions for ORS 735.540 to 735.552.

Section 735.542 - Pharmacy claims audits; requirements.

Section 735.544 - Pharmacy claims audits; standards for review of claims.

Section 735.546 - Pharmacy claims audits; auditors.

Section 735.548 - Pharmacy claims audits; validation of claims.

Section 735.550 - Pharmacy claims audits; reports of findings; opportunity to resubmit claim and to contest finding.

Section 735.552 - Pharmacy claims audits; exception for fraud.