Title 36, Chapter 85, Section 15
( 36-85-15)
(a) If the assets of a fund are at any time insufficient to enable a
fund to discharge its legal liabilities and other obligations and to
maintain the reserves and surplus required of it under this chapter,
the agency shall forthwith make up the deficiency or levy an
assessment upon the members of the fund for the amount needed to
make up the deficiency. (b) If the agency fails to make up the deficiency or to make the
required assessment of the fund members within 30 days after the
Commissioner orders it to do so or if the deficiency is not fully
made up within 60 days after the date on which any such assessment
is made or within such longer period of time as may be specified by
the Commissioner, the fund shall be deemed to be insolvent and shall
be proceeded against in the same manner as are domestic insurers
under Chapter 37 of Title 33; and the Commissioner shall have the
same powers and limitations in such proceedings as are provided
under that chapter, except as otherwise provided for in this
chapter. (c) If the liquidation of a fund is ordered, an assessment shall be
levied upon its members for such an amount as the Commissioner
determines to be necessary to discharge all liabilities of the fund,
including the reasonable costs of liquidation. |