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the insurer became insolvent or, in the case of an assessment | | with respect to an impaired insurer, the calendar year for | | which information is available preceding the year in which the | | insurer became impaired bears to premiums received on business | | in this State for the calendar year by all assessed member | | insurers. |
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| | | D.__Assessments for funds to meet the requirements of the | | association with respect to an impaired or insolvent insurer | | may not be authorized or called until necessary to implement | | the purposes of this chapter.__Classification of assessments | | under subsection 2-A and computation of assessments under | | this paragraph must be made with a reasonable degree of | | accuracy, recognizing that exact determinations may not | | always be possible. |
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| | | 4. Abatement or deferral of assessments. The association may | | abate or defer, in whole or in part, the assessment of a member | | insurer if, in the opinion of the board of directors, payment of | | the assessment would endanger the ability of the member insurer | | to fulfill its contractual obligations. Once the conditions that | | caused a deferral have been removed or rectified, the member | | insurer shall pay all assessments that were deferred pursuant to | | a repayment plan approved by the association. The total of all | assessments upon a member insurer for each account shall may not | | in any one calendar year exceed 2% of the insurer's premiums in | | this State on the policies covered by the account. |
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| | | 5. Additional assessment for abatements or deferrals. In the | | event an assessment against a member insurer is abated or | | deferred, in whole or in part, because of the limitations set | | forth in subsection 4, the amount by which the assessment is | abated or deferred shall must be assessed against the other | | member insurers in a manner consistent with the basis for | | assessments set forth in this section. |
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| | | 6. Refunds. The board of directors may, subject to the | preinsolvency funding requirement of section 4609, subsection 2, | paragraph D, by an equitable method as established in the plan of | | operation, refund to member insurers, in proportion to the | | contribution of each insurer to that account, the amount by which | | the assets of the account exceed the amount the board finds is | | necessary to carry out during the coming year the obligations of | | the association with regard to that account, including assets | | accruing from net realized gains and income from investments. A | | reasonable amount may be retained in any account to provide funds | | for the continuing expenses of the association and for future | | losses if refunds are impractical. |
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