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§ 3956.10. Plan of operation of association; amendments; superintendent to adopt rules if unsuitable.


(A) (1) The Ohio life and health insurance guaranty association shall submit to the superintendent of insurance a plan of operation and any amendments to the plan necessary or suitable to ensure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments shall become effective upon the written approval of the superintendent, or unless the superintendent has not disapproved it within thirty days. 
(2) If the association fails to submit a suitable plan of operation within six months following the effective date of this section or if at any time after that date the association fails to submit suitable amendments to the plan, the superintendent, after notice and hearing, shall adopt reasonable rules that are necessary or advisable to effectuate the provisions of this chapter. The rules shall continue in force until modified by the superintendent or superseded by a plan submitted by the association and approved by the superintendent.


(B) All member insurers shall comply with the plan of operation.


(C) In addition to requirements enumerated elsewhere in this chapter, the plan of operation shall do the following: 


(1) Establish procedures for handling the assets of the association; 


(2) Establish the amount and method of reimbursing members of the board of directors under section 3956.07 of the Revised Code; 


(3) Establish regular places and times for meetings, including but not limited to telephone conference calls, of the board of directors; 


(4) Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors; 


(5) Establish the procedures whereby selections for the board of directors will be made and submitted to the superintendent; 


(6) Establish any additional procedures for assessments under section 3956.09 of the Revised Code, including, but not limited to, allocating sums raised by assessments when two or more insolvencies occur in the same calendar year that are subject to the two per cent calendar year assessment limitation; 



(7) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.


(D) The plan of operation may provide that any or all powers and duties of the association, except those under division (O)(3) of section 3956.08 and section 3956.09 of the Revised Code, are delegated to a corporation, association, or other organization that performs or will perform functions similar to those of the association, or its equivalent, in two or more states. The corporation, association, or organization shall be reimbursed for any payments made on behalf of the association, and shall be paid for its performance of any function of the association. A delegation under this division shall take effect only with the approval of both the board of directors and the superintendent, and may be made only to a corporation, association, or organization that extends protection not substantially less favorable and effective than that provided by this chapter.


HISTORY: 143 v H 89. Eff 11-20-89.

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