Florida Administrative Code
69 - DEPARTMENT OF FINANCIAL SERVICES
69O - OIR - Insurance Regulation
Chapter 69O-192 - MULTIPLE EMPLOYER WELFARE ARRANGEMENTS
Section 69O-192.043 - Assessments

(1) Each employer application to participate in the arrangement shall disclose in the same manner as described in rule 69O-192.028, F.A.C., the following disclaimer: "The benefits and coverages described herein are provided through a self insured trust fund established and funded in full or in part by a group of employers. It is not an insurance company and it is not protected by a guaranty fund in the event of insolvency. Participating employers are assessable for any losses incurred or as determined by the trust or as directed by the Office," or other language previously approved by the Office.

(2) If at the end of any accounting period the fund balance of the trust is below that which is required by law, the fund shall file with the Office a plan to assess all employers, within 15 days of such determination, to bring the arrangement into compliance with section 624.4392, F.S. The assessment shall take place no longer than 45 days after the filing of the plan.

(3) In the event that any member(s) fail to pay their assessment, the other members shall be assessed within 60 days of the original assessment to bring the arrangement into compliance with section 624.4392, F.S.

(4) The arrangement shall at the same time referenced in subsection (3), above, institute legal action against those members who failed to pay the assessment in subsection (2), above. Any recoveries made, shall at the discretion of the Board of Trustees, be refunded to those employers who were assessed under subsection (3), above, and who paid the additional assessment.