1. The Association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to ensure the fair, reasonable and equitable administration of the Association. The plan of operation and any amendments thereto become effective upon approval in writing by the Commissioner, or 30 days after submission if the Commissioner has not disapproved them. All member insurers shall comply with the plan of operation.
2. If at any time the Association fails to submit suitable amendments to the plan, the Commissioner shall adopt, after notice and hearing, such reasonable regulations as are necessary or advisable to effectuate the provisions of this chapter. The regulations continue in force until modified by the Commissioner or superseded by a plan submitted by the Association and approved by the Commissioner.
3. In addition to satisfying the other requirements of this chapter, the plan of operation must:
(a) Establish procedures for handling the assets of the Association.
(b) Establish the amount and method of reimbursing members of the Board of Directors under NRS 686C.140.
(c) Establish regular places and times for meetings of the Board.
(d) Establish procedures for records to be kept of all financial transactions of the Association, its agents and the Board.
(e) Establish the procedures whereby selections for the Board will be made and submitted to the Commissioner.
(f) Establish the methodology required by subsection 2 of NRS 686C.240 and any additional procedures for assessments under NRS 686C.230 to 686C.270, inclusive.
(g) Establish the period of time over which a member insurer must determine whether the member insurer has recouped an excess amount pursuant to subsection 4 of NRS 686C.280, the manner in which the member insurer must remit any excess amount to the Association and the manner in which the Association must apply any such excess amount to reduce future assessments.
(h) Contain additional provisions necessary or proper for the execution of the powers and duties of the Association.
4. The plan of operation may provide that any or all powers and duties of the Association, except those under subsection 3 of NRS 686C.220 and NRS 686C.230 to 686C.285, inclusive, are delegated to a corporation, Association or other organization which performs or will perform functions similar to those of this Association, or its equivalent, in two or more states. Such an organization must be reimbursed for any payments made on behalf of the Association and paid for its performance of any function of the Association. A delegation under this subsection takes effect only with the approval of the Board of Directors and the Commissioner, and may be made only to an organization that extends protection not substantially less favorable and effective than that provided by this chapter.
(Added to NRS by 1973, 308; A 1981, 105; 1991, 878; 2001, 1043; 2019, 1102)
Structure Nevada Revised Statutes
Chapter 686C - Nevada Life and Health Insurance Guaranty Association
NRS 686C.020 - Purpose of chapter.
NRS 686C.030 - Scope of chapter: Coverage provided.
NRS 686C.035 - Scope of chapter: Coverage not provided.
NRS 686C.038 - Applicability of chapter to riders for long-term care.
NRS 686C.045 - "Account" defined.
NRS 686C.048 - "Annuity" defined.
NRS 686C.050 - "Association" defined.
NRS 686C.055 - "Authorized assessment" defined.
NRS 686C.061 - "Benefit plan" defined.
NRS 686C.065 - "Called assessment" defined.
NRS 686C.070 - "Contractual obligation" defined.
NRS 686C.080 - "Covered policy or contract" defined.
NRS 686C.084 - "Extra-contractual claim" defined.
NRS 686C.087 - "Health maintenance organization" defined.
NRS 686C.090 - "Impaired insurer" defined.
NRS 686C.095 - "Insolvent insurer" defined.
NRS 686C.100 - "Member insurer" defined.
NRS 686C.104 - "Owner" defined.
NRS 686C.108 - "Person" defined.
NRS 686C.110 - "Premiums" defined.
NRS 686C.115 - "Principal place of business" defined.
NRS 686C.120 - "Resident" defined.
NRS 686C.123 - "State" defined.
NRS 686C.124 - "Structured settlement annuity" defined.
NRS 686C.125 - "Supplemental contract" defined.
NRS 686C.127 - "Unallocated annuity contract" defined.
NRS 686C.140 - Board of Directors: Members; vacancies; initial selection; reimbursement of expenses.
NRS 686C.150 - Powers regarding impaired insurers.
NRS 686C.152 - Duties regarding insolvent insurers.
NRS 686C.154 - Alternative policies or contracts: Adoption; approval; contents; premium; coverage.
NRS 686C.155 - Ensuring of payment or credit of guaranteed minimum interest rate.
NRS 686C.158 - Payment of premiums; liability for unearned premiums.
NRS 686C.160 - Imposition of restraints on insurers.
NRS 686C.170 - Liability for guaranty provided by laws of another state or jurisdiction.
NRS 686C.180 - Provision of assistance to Commissioner.
NRS 686C.190 - Legal standing.
NRS 686C.210 - Limitations on obligations.
NRS 686C.220 - General powers.
NRS 686C.221 - Determination of means to provide benefits; limitation on entitlement to benefits.
NRS 686C.222 - Requests for information from member insurers.
NRS 686C.2243 - Assumption of reinsurance contracts: Contracts not assumed by Association.
NRS 686C.2245 - Assumption of reinsurance contracts: Transfer of contracts by Association.
NRS 686C.2247 - Assumption of reinsurance contracts: Applicability of other provisions.
NRS 686C.225 - Termination of obligations: Replacement of coverage under policy or contract.
NRS 686C.226 - Termination of obligations: Failure to pay premiums.
NRS 686C.230 - Imposition; classes.
NRS 686C.240 - Computation; necessity; notification.
NRS 686C.260 - Refund to member insurers.
NRS 686C.270 - Rates and dividends may reflect assessments.
NRS 686C.285 - Protest by member insurer: Procedure.
NRS 686C.303 - Action by Commissioner upon failure to act by Association.
NRS 686C.340 - Impaired or insolvent insurers: Stay of proceedings; reopening of default judgments.
NRS 686C.350 - Examination and regulation of Association by Commissioner; annual financial report.
NRS 686C.360 - Exemption of Association from payment of fees and taxes; exceptions.
NRS 686C.370 - Immunity from liability.
NRS 686C.380 - Actions arising under chapter: Venue; appeal bond not required of Association.