§435E-24 - Noncomplying member.
§435E-24 Noncomplying member. In the
event a participating member fails to comply with any provision of the trust
agreement (other than a failure to pay assessments when due), the board of
trustees may terminate the person's membership status if such failure to comply
is not cured within sixty days from the date the person is notified of the
failure; provided that before such membership status may be terminated such
person shall be given the right to call for a hearing before the board of
trustees (to be held before the expiration of such sixty-day period), at which
hearing such person shall be given the opportunity to demonstrate to the board
of trustees that no failure to comply has occurred; or, if it has occurred,
that it has been cured. Upon termination, the former participating member
shall not be entitled to the return of all or any part of his or her initial
contribution, and the indemnity coverage shall thereupon terminate as to all
claims then pending against such person and in respect to all occurrences prior
to the date of such termination of membership. However, in the event the
interindemnity arrangement is then providing legal defense services to such
person, the interindemnity arrangement shall continue to provide those services
for a period of ten days following such termination. [L 1977, c 182, pt of §1]