Section 25R Deficiencies; assessments; liquidation of groups - Massachusetts Statutes

Section 25R. If the assets of a group are at any time insufficient to enable the group to discharge its legal liabilities and other obligations and to maintain the reserves required of it under this chapter, it shall forthwith make up the deficiency or levy an assessment on its members for the amount needed to make up the deficiency.

In the event of a deficiency in any fund year, such deficiency shall be made up immediately, either from surplus from a fund year other than the current fund year, administrative funds, assessment of the membership, if ordered by the group or, such alternate method as the commissioner of insurance may approve of direct. Said commissioner shall be notified prior to any transfer of surplus funds from one fund year to another.

If the group fails to assess its members or to otherwise make up such deficit within thirty days the commissioner of insurance shall order it to do so.

If the group fails to make the required assessment of its members within thirty days after the commissioner of insurance orders it to do so, or if the deficiency is not fully made up within sixty days after the date on which such assessment is made, then after such longer period of time as may be specified by said commissioner, the group shall be deemed to be insolvent.

The commissioner of insurance shall proceed against an insolvent group in the same manner as said commissioner would proceed against in insolvent domestic insurer in the commonwealth pursuant to section six of chapter one hundred and seventy-five. Said commissioner shall have the same powers and limitations in such proceedings as are provided under said section six, except as otherwise provided in this chapter.

In the event of the liquidation of a group, the commissioner of insurance shall levy an assessment on its members for such an amount as he determines to be necessary to discharge all liabilities of the group, including the reasonable cost of liquidation.