4.__Excess funds.__If assessments and other receipts by the association, board or plan administrator exceed the actual losses and administrative expenses of the plan, the board shall hold the excess as interest and may use those excess funds to offset future losses or to reduce plan premiums. As used in this subsection, "future losses" includes reserves for claims incurred but not reported.

5.__Failure to pay assessment.__The superintendent may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this State of any member insurer that fails to pay an assessment.__As an alternative, the superintendent may levy a penalty on any member insurer that fails to pay an assessment when due.__In addition, the superintendent may use any power granted to the superintendent by this Title to collect any unpaid assessment.

§3909.__Availability of coverage

The association shall offer a choice of 2 or more coverage options through the plan as set out in section 3910, subsections 1 and 2. The plan becomes effective October 1, 2005.__Policies offered through the association must be available for sale February 1, 2006.__The association shall directly insure the coverage provided by the plan, and the policies must be issued through the plan administrator.

§3910.__Requirements for coverage

1.__Coverage offered. The plan must offer in an annually renewable policy the coverage specified in this section for each eligible person. If a covered person is also eligible for Medicare coverage, the plan may not pay or reimburse any person for expenses paid by Medicare.__A person whose health insurance