LD 852
pg. 1
LD 852 Title Page An Act To Promote Alternatives in Group Self-insurance Page 2 of 4
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LR 1734
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 39-A MRSA §403, sub-§4, as amended by PL 1997, c. 126, §8,
is further amended to read:

 
4. Group self-insurers; application. Except for the
provision relating to individual public employer self-
insurers, subsection 3 is equally applicable in all respects
to group self-insurers. Any employer or group of employers
desiring to become a self-insurer shall submit to the
Superintendent of Insurance with an application for self-
insurance, in a form prescribed by the superintendent, the
following:

 
A. A payroll report for each participating employer of
the group for the 3 preceding annual fiscal periods;

 
B. A report of compensation losses incurred, payments
plus reserves, by each participating employer of the group
for the periods described in paragraph A;

 
C. A sworn itemized statement of the group's assets and
liabilities; satisfactory proof of financial ability to
pay compensation for the employers participating in the
group plan; and the group's reserves, their source and
assurance of continuance;

 
D. A description of the safety organization maintained by
the employer or group for the prevention of injuries;

 
E. A statement showing the kind of operations performed
or to be performed;

 
F. An indemnity agreement in a form prescribed by the
superintendent that jointly and severally binds the group
and each member to comply with the provisions of this Act;
and

 
G. Any other agreements, contracts or other pertinent
documents relating to the organization of the employers in
the group.

 
If, upon examination of the sworn financial statement and
other data submitted, the superintendent is satisfied as to
the ability of the employer or group to make current
compensation payments and that the employer's or group's
tangible assets make reasonably certain the payment of all
obligations that may arise under this Act, the application
must be granted subject to the terms and conditions setting
out the exposure of cash deposits or securities or an
acceptable surety bond, as required by the superintendent.
Security Except as provided in subsection 4-A,


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