After the initial year of operation, rates, rating plans, and rating rules, and any provision for recoupment through policyholder assessment or premium rate increase must be based upon the association's loss and expense experience and investment income, together with any other information based upon this experience and income as the director or his designee considers appropriate. The resultant premium rates must be on an actuarially sound basis and must be calculated to be self-supporting. If sufficient funds are not available for the sound financial operation of the association, pending recoupment as provided in Section 38-89-110, all members, on a temporary basis, shall contribute to the financial requirements of the association in the manner provided in Section 38-89-130. A contribution must be reimbursed to the members following recoupment as provided in Section 38-89-110.
HISTORY: 1989 Act No. 189, Part II, Section 43 sub 26; 1993 Act No. 181, Section 845.
Structure South Carolina Code of Laws
Chapter 89 - Day Care Joint Underwriting Association
Section 38-89-10. Definitions.
Section 38-89-20. Joint underwriting association created; purpose; when activated.
Section 38-89-30. General powers.
Section 38-89-40. Plan of operation.
Section 38-89-50. Application for coverage; issuance of policy.
Section 38-89-60. Duty of director to gather statistical data.
Section 38-89-80. Filing of policy forms, classifications, rates, rating plans, and rating rules.
Section 38-89-90. Policy forms; rate structure.
Section 38-89-100. Rate increase subject to director's approval.
Section 38-89-110. Deficit to be recouped.
Section 38-89-120. Basis for rates; insufficient funds for operation.
Section 38-89-130. Participation of association members.
Section 38-89-140. Plan of operation and rules binding on association members.
Section 38-89-150. Effect of termination of association member's authority; merger; insolvency.
Section 38-89-160. Board of directors.
Section 38-89-170. Appeal to commission.
Section 38-89-180. Statement to be filed by association.
Section 38-89-190. Examination of financial condition; annual report.