Title 36, Chapter 85, Section 5
( 36-85-5)
(a) No interlocal risk management agency shall establish a group
self-insurance fund or funds until such agency has been issued a
certificate of authority by the Commissioner of Insurance as
provided in this Code section and under such rules and regulations
as the Commissioner may promulgate to assure compliance with this
chapter. (b) The Commissioner shall not be authorized to issue any
certificate of authority pursuant to this Code section prior to
April 30, 1987. Any application for a certificate of authority
pursuant to this Code section which is filed prior to March 1, 1987,
shall be updated by the applicant in order to comply with any
statute, rule, or regulation which may be promulgated or enacted
prior to the issuance of the certificate of authority. (c) When applying for a certificate of authority, an interlocal risk
management agency shall file with the Commissioner an application
setting forth: (1) The name of the agency; (2) The location of the agency's principal office; (3) The names and addresses of the members of the agency; (4) The names and addresses of the members of each fund; (5) The name and address of a Georgia resident designated and
appointed as each fund's proposed registered agent for service of
process in this state; (6) The names and addresses of the members of the board of
trustees of the agency; (7) A copy of the bylaws of the agency; (8) A copy of the intergovernmental contract establishing the
agency; (9) A copy of the agreement or agreements establishing each fund; (10) A copy of any agreements between the agency, any fund of the
agency, and any administrator of a fund; (11) A statement of the financial condition of the agency and each
fund of the agency listing all of their assets and liabilities as
of the end of the last preceding month prior to the date of the
application on such a form as may be prescribed by the
Commissioner; (12) A copy of each contract, endorsement, and application form
proposed to be issued or used in connection with each fund. Such
contracts, endorsements, applications, or revisions thereto shall
be filed with and approved by the Commissioner prior to their use;
and (13) A copy of the rates, rating systems, and rules proposed to be
used in connection with each fund. Such rates, rating systems,
rules, and any revisions thereto shall be filed with and approved
by the Commissioner prior to their use. (d) A fund authorized by this chapter may be established by an
agency only if the agency has enrolled members which: (1) For each motor vehicle liability and general liability fund
shall generate an annual gross premium of not less than
$300,000.00; (2) For each property damage fund shall generate an annual gross
premium of not less than $200,000.00; (3) For each fund which includes motor vehicle liability or
general liability with property damage shall generate an annual
gross premium of not less than $500,000.00; or (4) For each fund which includes motor vehicle liability, general
liability, and property damage shall generate an annual gross
premium of not less than $800,000.00. |