eLaws of Florida

  SECTION 624.4416. Assessments by receiver.  


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  • 1(1) 2In the event of delinquency proceedings against a multiple-employer welfare arrangement, the department as receiver may assess employer participants. Any person or entity that was an employer participant in the arrangement at any time is liable for the assessments, regardless of whether or not it was a participant during the entire assessment period. The assessment period is the 12 months immediately preceding the date of the delinquency order or the period from the date of creation of the arrangement through the date of the delinquency order, whichever is shorter. Employer participants assessed under this section shall be assessed in the amounts specified by s. 106624.4415107.
    108(2) 109The total assessment must equal the projected amount which the department reasonably estimates to be necessary to pay all class four claims as defined in s. 135631.271, 136whenever accrued, together with the costs and expenses of collecting the assessments, a reasonable loading factor for uncollected assessments, and the costs and expenses of the delinquency proceeding in full.
    166(3) 167To the extent not inconsistent with this section, the assessment must follow the procedure for assessments for reciprocal insurers provided in ss. 189631.311, 190631.321, 191and 192631.331193.
    194(4) 195No offset may be allowed against any assessment.
    203(5) 204If an arrangement, in violation of applicable laws or rules, issues coverage to a person or entity not eligible for coverage, the insured is eligible to participate in the proceeds of the assessment, and is assessable, subject to the relief provisions of s. 247624.4417, 248if applicable.
History.-ss. 33, 188, ch. 91-108; s. 4, ch. 91-429.

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