(2) If at any time the capital and surplus of the trust are less than the requirement of ORS 750.309, the trust must immediately collect from member employers upon each plan a sufficient proportionate part of the amount assessable under subsection (1) of this section to restore the amount of capital and surplus required. An assessment of an employer under this subsection may not exceed the amount provided in the plan for an assessment for purposes of this subsection.
(3) In addition to assessments that may be collected under subsection (2) of this section, in the event of liquidation of a multiple employer welfare arrangement trust, the Director of the Department of Consumer and Business Services, acting in the capacity of receiver, may assess member employers an amount necessary to pay outstanding claims and costs necessary to administer the liquidation proceedings. An assessment of an employer under this subsection may not exceed the amount of one month’s contribution by the employer.
(4) A member employer of an association or group shall not be liable for any part of an assessment imposed under subsection (2) or (3) of this section in excess of the amount demanded within one year after the termination of the member employer’s participation in the plan. [1993 c.615 §13; 2001 c.318 §18]
Note: See note under 750.301.
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Section 750.005 - Definitions.
Section 750.015 - Management to include representatives of public.
Section 750.035 - Regulation of hospital care associations under prior law; exceptions.
Section 750.045 - Required capitalization; bond, security or letter of credit; exemptions.
Section 750.055 - Other provisions applicable to health care service contractors; rules.
Section 750.085 - Offer of replacement coverage upon order of liquidation; procedure; rules.
Section 750.095 - Requirements of contract between provider and subscriber; content.
Section 750.301 - Definitions for ORS 750.301 to 750.341.
Section 750.303 - Conditions for use of multiple employer welfare arrangement; permitted coverage.
Section 750.305 - Application for certificate.
Section 750.307 - Requirements for association or group.
Section 750.309 - Requirements for trust.
Section 750.311 - Multiple employer welfare arrangements established in another state.
Section 750.313 - Issuance or refusal of certificate of multiple employer welfare arrangement.
Section 750.315 - Maintenance of reserves; actuarial opinion; rules.
Section 750.317 - Board of trustees.
Section 750.318 - Officers and persons appointed to act on behalf of board; bond.
Section 750.319 - Salaries; other compensation.
Section 750.321 - Assessment; maintenance of capital and surplus.
Section 750.323 - Notice of coverage under plan.
Section 750.325 - Filings by trust.
Section 750.327 - Examinations.
Section 750.331 - Prohibited activities for trustee or officer.
Section 750.333 - Applicable provisions of Insurance Code; rules.
Section 750.335 - Delinquency proceedings.
Section 750.339 - Liability of excess loss insurer.
Section 750.505 - Definitions for ORS 750.505 to 750.715.
Section 750.525 - Inapplicability of ORS 750.505 to 750.715 to certain legal services.
Section 750.535 - Registration requirements.
Section 750.545 - Application; fee.
Section 750.555 - Issuance of certificate of registration.
Section 750.565 - Duration of certificate; renewal; fee.
Section 750.585 - Written provider agreement with providing attorney.
Section 750.595 - Membership agreement.
Section 750.635 - Registered agent and registered office in state required.
Section 750.685 - Indemnification insurance or bond required.