Section 5410. Reimbursement fund  


Latest version.
  • (a) The superintendent shall assess each
      member of the association an amount sufficient to provide  reimbursement
      payments,  pursuant  to  the  provisions  of  section  1223(a)(1) of the
      federal Urban Property Protection and Reinsurance Act of  1968,  to  the
      agency  of  the federal government administering the act in an aggregate
      amount not to exceed five per centum of the aggregate property insurance
      premiums earned in the state during the preceding calendar year on those
      lines of insurance reinsured under such act during the calendar year.
        (b) The total amount of any assessment on each such member shall be in
      the proportion that the premiums earned during  the  preceding  calendar
      year  by  each  such member in this state bear to the aggregate premiums
      earned in this state during the preceding calendar year on  those  lines
      of  insurance reinsured under the federal act during the current year by
      all members of the association. Assessments shall  be  collectible  from
      all  members  on  and  after  the forty-fifth day following receipt of a
      claim from the federal agency.
        (c) The  superintendent  shall  receive  all  assessments  payable  on
      account of the claim of the federal agency and make all disbursements in
      carrying out this section from the riot reinsurance revolving fund which
      is   continued.  Notwithstanding  any  other  law,  rule  or  regulation
      requiring that money received for or on behalf of  the  state  shall  be
      paid  into  the  state  treasury,  the  superintendent shall deposit the
      assessments in a separate bank account or accounts in a trust company or
      bank having trust powers within the state. All deposits shall be secured
      by obligations of the United States or this  state  and  all  banks  and
      trust  companies are authorized to give the same. The monies of the fund
      may, at the discretion of the superintendent, be invested in obligations
      of or guaranteed by this state or  the  United  States.  Any  income  or
      earnings derived from such investments shall be deposited in the fund.
        (d)  The  monies  in  the  fund  shall  be  paid  on  the order of the
      superintendent  solely  for  reimbursement  payments  as   provided   in
      subsection  (a)  hereof after any investigation the superintendent deems
      appropriate  to  verify  the  correctness  of  the  claim.  Any  balance
      remaining  shall  be retained by the superintendent in the fund and used
      only for the purpose of meeting future claims of the federal agency.
        (e) The superintendent may at any time require any member  to  furnish
      information  he  deems necessary to determine if the member has complied
      with the provisions of this section.
        (f) The comptroller shall have the power and authority  to  audit  the
      accruals,  the  receipts, the payments and the expenditure of all monies
      of the fund.