Section 2349. Multi-tier program

(a)  An  insurer  may make available a
  multi-tier program, with more than one rate level in the  same  company,
  for  private  passenger motor vehicle insurance in the voluntary market,
  provided that:
    (1) the program and the insurer's business plan encourage depopulation
  of the assigned risk plan established by  article  fifty-three  of  this
  chapter;
    (2)  the  program  is based upon mutually exclusive underwriting rules
  per tier, to the extent feasible;
    (3) credits and surcharges pursuant to an approved rating plan can  be
  applied on a per tier basis; and
    (4)   the   program   conforms   to  regulations  promulgated  by  the
  superintendent.
    (b) For  an  insurer  with  an  approved  multi-tiering  program,  the
  provisions  of  subsection  (f)  of  section three thousand four hundred
  twenty-five of this chapter shall apply in all respects, except that the
  two percent limitation set forth therein shall:
    (1) not apply to any risk moved from a tier to a lower-rated tier; and
    (2) be deemed to be three percent for risks moved from  a  tier  to  a
  higher-rated tier.