A. The certificate of approval issued by the director to a group authorizes the group to provide workers' compensation and occupational disease disablement benefits. The certificate of approval remains in effect until terminated at the request of the group or revoked by the director, pursuant to provisions of Section 52-6-23 NMSA 1978.
B. The director shall not grant the request of any group to terminate its certificate of approval unless the group has insured or reinsured all incurred workers' compensation or occupational disease disablement obligations with an authorized insurer under an agreement filed with and approved in writing by the director. Such obligations shall include both known claims and associated expenses and claims incurred but not reported and associated expenses.
C. Subject to approval of the director, a group may merge with another group engaged in the same or similar type of business only if the resulting group assumes in full all obligations of the merging groups. The director may hold a hearing on the merger and shall do so if any party, including a member of either group, so requests.
History: Laws 1986, ch. 22, § 80; 1989, ch. 263, § 90; 1990 (2nd S.S.), ch. 2, § 71.
The 1990 (2nd S.S.) amendment, effective January 1, 1991, substituted "director" for "superintendent" throughout the section and inserted references to occupational disease disablement in Subsections A and B.
Structure New Mexico Statutes
Chapter 52 - Workers' Compensation
Article 6 - Group Self-Insurance
Section 52-6-4 - Authority to act as a group.
Section 52-6-5 - Initial approval and continued approval to act as a group; qualifications.
Section 52-6-6 - Certificate of approval; termination.
Section 52-6-7 - Examinations.
Section 52-6-8 - Board of trustees; membership, powers, duties and prohibitions.
Section 52-6-9 - Group membership; termination; liability.
Section 52-6-10 - Administrators and service companies; conflicts.
Section 52-6-11 - Licensing of agent.
Section 52-6-12 - Financial statements; other reports.
Section 52-6-14 - Subsequent injury fund.
Section 52-6-15 - Misrepresentation prohibited.
Section 52-6-16 - Investments.
Section 52-6-17 - Rates; reporting.
Section 52-6-19 - Premium payment; reserves.
Section 52-6-20 - Deficits and insolvencies.
Section 52-6-21 - Monetary penalties.
Section 52-6-22 - Cease and desist orders.
Section 52-6-23 - Revocation of certificate of approval.