A plan that desires to cease existence shall apply to the director or his designee for authority to dissolve. Applications to dissolve must be on forms prescribed by the director or his designee and must be approved or disapproved by the director or his designee within sixty days of receipt. Dissolution without authorization is prohibited and does not absolve a plan or its participants from fulfilling the plan's continuing obligations. An application to dissolve must be granted if either of the following conditions is met:
(1) The plan demonstrates that it has no outstanding liabilities, including incurred but not reported liabilities.
(2) The plan has obtained an irrevocable commitment from a licensed insurer which provides for payment of all outstanding liabilities and for providing all related services, including payment of claims, preparation of reports, and administration of transactions associated with the period when the plan provided coverage.
Upon dissolution, after payment of all outstanding liabilities and indebtedness, the assets of the plan must be distributed to all employers participating in the plan during the last five years immediately preceding dissolution. The distributive share of each employer must be in the proportion that all contributions made by the employer during such five-year period bear to the total contributions made by all participating employers during such five-year period.
HISTORY: Former 1976 Code Section 38-65-80 [1985 Act No. 137, Section 8] recodified as Section 38-41-90 by 1987 Act No. 155, Section 1; 1993 Act No. 181, Section 654.
Structure South Carolina Code of Laws
Chapter 41 - Multiple Employer Self-insured Health Plan
Section 38-41-10. Multiple employer self-insured health plan defined.
Section 38-41-20. License required; transaction of business; exemptions.
Section 38-41-25. Agent, broker or administrator must give notice of transacting business.
Section 38-41-30. License application; fee.
Section 38-41-35. Hold harmless agreements.
Section 38-41-40. Filing of bylaws, schedules of benefits, and agreements.
Section 38-41-45. Definitions; denial of continued access to coverage.
Section 38-41-50. Excess stop-loss coverage required.
Section 38-41-60. Funds must be held in trust.
Section 38-41-70. Loss reserve; surplus account.
Section 38-41-80. Records; inspection and examination.
Section 38-41-90. Dissolution of plan.
Section 38-41-100. Regulations.
Section 38-41-110. Revocation or suspension of license; commencement of delinquency proceedings.