Section 4406. Examinations; publication  


Latest version.
  • (a)  All  reports and copies of
      reports of examinations and investigations of any employee welfare fund,
      shall be confidential communications, shall not be subject  to  subpoena
      and   shall   not  be  made  public  unless,  in  the  judgment  of  the
      superintendent, the ends of justice and the  public  advantage  will  be
      served  by the publication thereof, in which event he may publish a copy
      of any such report or any part thereof in such manner  as  he  may  deem
      proper.
        (b)  In  any action or proceeding against the trustees of any fund, or
      against its other officers, agents, or employees, such  report,  or  any
      part thereof, if published by the superintendent, shall be admissible in
      evidence and shall be presumptive evidence of the facts stated therein.
        (c)  The  superintendent  may  assemble and file for public inspection
      such information covering:
        (1) forms of trust indentures in use;
        (2) commission and fee schedules adopted by insurers;
        (3) compensation paid to trustees of employee welfare funds; and
        (4) such other matters affecting the establishment and  administration
      of such funds as, in his opinion, are in the public interest.