New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 15 - GROUP SELF-INSURANCE
Subchapter 4 - JOINT INSURANCE FUNDS FOR SCHOOL BOARDS PROVIDING PROPERTY AND LIABILITY COVERAGES
Section 11:15-4.13 - Establishment of trust fund accounts; transfers or withdrawals prohibited
Universal Citation: NJ Admin Code 11:15-4.13
Current through Register Vol. 56, No. 24, December 18, 2024
(a) Pursuant to the terms of the indemnity and trust agreement, each fund shall establish a separate trust fund account in accordance with N.J.A.C. 11:15-4.6(c)10 from which monies shall be disbursed solely for the payment of claims, allocated claim expenses and excess insurance or reinsurance premiums for each type of liability or risk retained jointly on a self-insured basis. Such accounts shall be designated as claims or loss retention fund accounts.
1. Other than for the purposes specified in
(a) above, or as otherwise authorized by this subchapter, no withdrawal may be
effected from a claim or loss retention fund without the prior written approval
of the Commissioner, except for intertrust fund transfers. Intertrust fund
transfers, within a fund's fiscal year, may be conducted by the fund at any
time, by providing 30 days prior written notification to the Commissioner. If
the Commissioner does not disapprove of the transfer, in writing, within 30
days after receiving such written notification, the request for intertrust fund
transfer(s) shall be deemed approved. Any intertrust fund transfer request must
be supported by appropriate assessment and claim and expense documentation, and
be accompanied by a certification signed by an actuary that the amount
remaining in the trust fund account after the intertrust fund transfer will be
at a level which is reasonable in relation to that account's unpaid losses,
along with all documentation in support of such certification. Intertrust fund
transfers may be conducted only where each member participates in each and
every claim or loss retention fund account during that fund year. The
Commissioner shall waive the full participation requirement provided the fund
demonstrates to the Department that it maintains records of each member's pro
rata share of each claim or loss retention fund account for that year, and that
the transfer shall be made so that any potential dividend shall not be reduced
for a member that did not participate in the account receiving the transfer.
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