N.J. Admin. Code § 11:15-7.10 - Termination and/or withdrawal of group members
(a) A member of
the group must remain a member for the full term of membership, as provided in
the group's bylaws, unless earlier terminated by the group for nonpayment of
assessments, noncompliance with risk management or underwriting standards, or
for other reasons subject to prior approval by the Commissioner as causes for
expulsion. However, such member shall not be deemed terminated for any reason
until:
1. Thirty days after written notice of
the intention to terminate the member has been given by the group to the
member, which notice shall state the reasons for termination and shall be given
by registered mail or certified mail, return receipt requested;
2. Like notice shall have been filed with the
Department, together with a certified statement that the notice provided for by
(a)1 above has been given; and
3.
Thirty days have elapsed after the filing required by (a)2 above has been
made.
(b) A member of
the group that does not desire to continue as a member upon the expiration of
its membership term, as provided in the group's bylaws, must give written
notice of its intent to withdraw 90 days before expiration of the term
period.
(c) A member that has been
terminated by or does not continue as a member of the group shall nevertheless
share in any surplus in the appropriate trust accounts for that fund year and
shall remain jointly and severally liable for claims incurred by the group and
its members during the period of its membership, including, but not limited to,
being subject to and liable for supplemental assessments.
(d) The group shall immediately notify the
Department if termination or withdrawal of a member causes the group to fail to
meet any of the requirements of
N.J.S.A.
18A:64-86 et seq. or this subchapter. Within
15 days of such notice, the group shall advise the Department of its plan to
bring the group into compliance.
Notes
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