Title 34, Chapter 9, Section 165
( 34-9-165)
(a) If a fund contracts with an administrator which is not an
employee of the fund, the fund and the administrator must enter into
a written agreement which shall be subject to review and approval by
the Commissioner in accordance with this Code section. The agreement
shall set forth the following: (1) The powers of the administrator; (2) The general services to be performed by the administrator; (3) The manner and amount of compensation to be paid to the
administrator and any arrangements between the fund and the
administrator for the payment of administrative and other expenses
incurred in connection with the operation of the fund; (4) A contractual provision obligating the administrator to obtain
and maintain such bonds, deposits, or insurance coverage as may be
required to be maintained by this article; and (5) A requirement that errors and omissions coverage or other
appropriate liability insurance in an amount which is not less
than that specified by the rules and regulations of the
Commissioner be written with an authorized insurer or an eligible
surplus lines insurer and be maintained at all times by the
administrator. (b) The agreement may provide for the following: (1) The right of substitution of the administrator and the
revocation of the agreement upon notice to the Commissioner; (2) Restrictions upon the exercise of power by the administrator;
and (3) Any other lawful provision deemed necessary or appropriate. (c) The terms of any such agreement shall be reasonable and
equitable, and the agreement and any amendments thereto shall be
filed with the Commissioner at least 30 days prior to their use. Any
such agreement and any and all amendments thereto which have not
been specifically disapproved by the Commissioner within 30 days
after the filing thereof shall be deemed to be approved. (d) A copy of the agreement and any and all amendments thereto shall
be furnished to each member upon request. (e) Except as provided in subsection (d) of this Code section, such
agreements and amendments shall be confidential and privileged and
shall not be released to the public by the Commissioner without the
prior written consent of the parties thereto. |