| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 39-A MRSA §403, sub-§4, as amended by PL 1997, c. 126, §8, | | is further amended to read: |
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| | | 4. Group self-insurers; application. Except for the | | provision relating to individual public employer self- | | insurers, subsection 3 is equally applicable in all respects | | to group self-insurers. Any employer or group of employers | | desiring to become a self-insurer shall submit to the | | Superintendent of Insurance with an application for self- | | insurance, in a form prescribed by the superintendent, the | | following: |
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| | | A. A payroll report for each participating employer of | | the group for the 3 preceding annual fiscal periods; |
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| | | B. A report of compensation losses incurred, payments | | plus reserves, by each participating employer of the group | | for the periods described in paragraph A; |
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| | | C. A sworn itemized statement of the group's assets and | | liabilities; satisfactory proof of financial ability to | | pay compensation for the employers participating in the | | group plan; and the group's reserves, their source and | | assurance of continuance; |
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| | | D. A description of the safety organization maintained by | | the employer or group for the prevention of injuries; |
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| | | E. A statement showing the kind of operations performed | | or to be performed; |
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| | | F. An indemnity agreement in a form prescribed by the | | superintendent that jointly and severally binds the group | | and each member to comply with the provisions of this Act; | | and |
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| | | G. Any other agreements, contracts or other pertinent | | documents relating to the organization of the employers in | | the group. |
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| | | If, upon examination of the sworn financial statement and | | other data submitted, the superintendent is satisfied as to | | the ability of the employer or group to make current | | compensation payments and that the employer's or group's | | tangible assets make reasonably certain the payment of all | | obligations that may arise under this Act, the application | | must be granted subject to the terms and conditions setting | | out the exposure of cash deposits or securities or an | | acceptable surety bond, as required by the superintendent. | Security Except as provided in subsection 4-A, |
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