Article 30.--LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
40-3010.Plan of operation; powers ofcommissioner; rules and regulations; mandatory and permissive provisionsof plan; reimbursement for certain payments.(a) (1) The association shall submit to the commissioner a plan ofoperation and any amendments thereto necessary or suitable to assure thefair, reasonable and equitable administration of the association. Theplan of operation and any amendments thereto shall become effective uponthe commissioner's written approvalor unless the commissioner has not disapproved it within 30 days.
(2) If the association fails to submit a suitable plan of operationwithin 120 days following the effective date ofthis act, or, if at any time thereafter the association fails to submitsuitable amendments to the plan, the commissioner, after noticeand hearing, shall adopt and promulgate such reasonable rules andregulations as are necessaryor advisable to effectuate the provisions of this act. Such rules andregulations shallcontinue in force until modified by the commissioner or superseded by aplan submitted by the association and approved by the commissioner.
(b) All member insurers shall comply with the plan of operation.
(c) The plan of operation shall, in addition to requirementsenumerated elsewhere in this act:
(1) Establish procedures for handling the assets of the association;
(2) establish the amount and method of reimbursing members of theboard of directors under K.S.A. 40-3007 and amendments thereto;
(3) establish regular places and times for meetings, includingtelephone conference calls, of the board ofdirectors;
(4) establish procedures for records to be kept of all financialtransactions of the association, its agents and the board of directors;
(5) establish the procedures whereby selections for the board ofdirectors will be made and submitted to the commissioner;
(6) establish any additional procedures for assessments underK.S.A. 40-3009 and amendments thereto; and
(7) contain additional provisions necessary or proper for theexecution of the powers and duties of the association.
(d) The plan of operation may provide that any or all powers andduties of the association, except those under subsection (p)(3) of K.S.A.40-3008 and 40-3009 and amendments thereto,are delegated to acorporation, association or other organization which performs or willperform functions similar to those of this association, or itsequivalent, in two or more states. Such a corporation, associationor organization shall be reimbursed for any payments made on behalf ofthe association and shall be paid for its performance of any function ofthe association. A delegation under this subsection shall take effectonly with the approval of both the board of directors and thecommissioner, and may be made only to a corporation, association ororganization which extends protection not substantially less favorableand effective than that provided by this act.
History: L. 1972, ch. 190, § 10;L. 1986, ch. 180, § 8; July 1.
Article 30.--LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
40-3010.Plan of operation; powers ofcommissioner; rules and regulations; mandatory and permissive provisionsof plan; reimbursement for certain payments.(a) (1) The association shall submit to the commissioner a plan ofoperation and any amendments thereto necessary or suitable to assure thefair, reasonable and equitable administration of the association. Theplan of operation and any amendments thereto shall become effective uponthe commissioner's written approvalor unless the commissioner has not disapproved it within 30 days.
(2) If the association fails to submit a suitable plan of operationwithin 120 days following the effective date ofthis act, or, if at any time thereafter the association fails to submitsuitable amendments to the plan, the commissioner, after noticeand hearing, shall adopt and promulgate such reasonable rules andregulations as are necessaryor advisable to effectuate the provisions of this act. Such rules andregulations shallcontinue in force until modified by the commissioner or superseded by aplan submitted by the association and approved by the commissioner.
(b) All member insurers shall comply with the plan of operation.
(c) The plan of operation shall, in addition to requirementsenumerated elsewhere in this act:
(1) Establish procedures for handling the assets of the association;
(2) establish the amount and method of reimbursing members of theboard of directors under K.S.A. 40-3007 and amendments thereto;
(3) establish regular places and times for meetings, includingtelephone conference calls, of the board ofdirectors;
(4) establish procedures for records to be kept of all financialtransactions of the association, its agents and the board of directors;
(5) establish the procedures whereby selections for the board ofdirectors will be made and submitted to the commissioner;
(6) establish any additional procedures for assessments underK.S.A. 40-3009 and amendments thereto; and
(7) contain additional provisions necessary or proper for theexecution of the powers and duties of the association.
(d) The plan of operation may provide that any or all powers andduties of the association, except those under subsection (p)(3) of K.S.A.40-3008 and 40-3009 and amendments thereto,are delegated to acorporation, association or other organization which performs or willperform functions similar to those of this association, or itsequivalent, in two or more states. Such a corporation, associationor organization shall be reimbursed for any payments made on behalf ofthe association and shall be paid for its performance of any function ofthe association. A delegation under this subsection shall take effectonly with the approval of both the board of directors and thecommissioner, and may be made only to a corporation, association ororganization which extends protection not substantially less favorableand effective than that provided by this act.
History: L. 1972, ch. 190, § 10;L. 1986, ch. 180, § 8; July 1.
Article 30.--LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
40-3010.Plan of operation; powers ofcommissioner; rules and regulations; mandatory and permissive provisionsof plan; reimbursement for certain payments.(a) (1) The association shall submit to the commissioner a plan ofoperation and any amendments thereto necessary or suitable to assure thefair, reasonable and equitable administration of the association. Theplan of operation and any amendments thereto shall become effective uponthe commissioner's written approvalor unless the commissioner has not disapproved it within 30 days.
(2) If the association fails to submit a suitable plan of operationwithin 120 days following the effective date ofthis act, or, if at any time thereafter the association fails to submitsuitable amendments to the plan, the commissioner, after noticeand hearing, shall adopt and promulgate such reasonable rules andregulations as are necessaryor advisable to effectuate the provisions of this act. Such rules andregulations shallcontinue in force until modified by the commissioner or superseded by aplan submitted by the association and approved by the commissioner.
(b) All member insurers shall comply with the plan of operation.
(c) The plan of operation shall, in addition to requirementsenumerated elsewhere in this act:
(1) Establish procedures for handling the assets of the association;
(2) establish the amount and method of reimbursing members of theboard of directors under K.S.A. 40-3007 and amendments thereto;
(3) establish regular places and times for meetings, includingtelephone conference calls, of the board ofdirectors;
(4) establish procedures for records to be kept of all financialtransactions of the association, its agents and the board of directors;
(5) establish the procedures whereby selections for the board ofdirectors will be made and submitted to the commissioner;
(6) establish any additional procedures for assessments underK.S.A. 40-3009 and amendments thereto; and
(7) contain additional provisions necessary or proper for theexecution of the powers and duties of the association.
(d) The plan of operation may provide that any or all powers andduties of the association, except those under subsection (p)(3) of K.S.A.40-3008 and 40-3009 and amendments thereto,are delegated to acorporation, association or other organization which performs or willperform functions similar to those of this association, or itsequivalent, in two or more states. Such a corporation, associationor organization shall be reimbursed for any payments made on behalf ofthe association and shall be paid for its performance of any function ofthe association. A delegation under this subsection shall take effectonly with the approval of both the board of directors and thecommissioner, and may be made only to a corporation, association ororganization which extends protection not substantially less favorableand effective than that provided by this act.
History: L. 1972, ch. 190, § 10;L. 1986, ch. 180, § 8; July 1.
