(1) The board of directors of the association shall consist of not less than five nor more than eleven members serving terms as established in the plan of operation. Member insurers shall select the members of the board subject to the director's approval. Any vacancies on the board must be filled for the remaining period of the term by a person elected by a majority vote of the remaining board members and subject to approval by the director.
(2) In approving selections or in appointing members to the board, the director shall consider, among other things, whether all member insurers are fairly represented.
(3) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors, but members of the board may not otherwise be compensated by the association for their services.
HISTORY: Former 1976 Code Section 38-29-60 [1962 Code Section 37-1405; 1971 (57) 351; 1986 Act No. 426, Section 4] recodified as Section 38-21-60 by 1987 Act No. 155, Section 1; Former 1976 Code Section 38-17-60 [1962 Code Section 37-567; 1972 (57) 2776] recodified as Section 38-29-60 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 631; 2020 Act No. 121 (S.580), Section 1.A, eff March 24, 2020.
Editor's Note
2020 Act No. 121, Section 1.B, provides as follows:
"[1.]B. The amendments made by this act do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2020."
Effect of Amendment
2020 Act No. 121, Section 1.A, in (1), in the first sentence, substituted "eleven members" for "nine members", and in the third sentence, substituted "by a person elected by a majority vote of the remaining board members and subject to approval by the director" for "in the manner described in the plan of operation".
Structure South Carolina Code of Laws
Chapter 29 - South Carolina Life And Accident And Health Insurance Guaranty Association
Section 38-29-10. Short title.
Section 38-29-20. Definitions.
Section 38-29-30. Declaration of purpose.
Section 38-29-40. Application of chapter; limitations.
Section 38-29-60. Board of directors.
Section 38-29-70. Powers and duties of Association.
Section 38-29-80. Assessments.
Section 38-29-90. Plan of operation.
Section 38-29-110. Detection and prevention of insurer impairments.
Section 38-29-120. Appointment of special deputy for director.
Section 38-29-140. Examination and regulation of Association; annual reports.
Section 38-29-150. Exemption of Association from fees and taxes.
Section 38-29-170. Immunity from liability for action taken under chapter.
Section 38-29-180. Stay of proceedings involving impaired insurer; setting aside default judgment.