18A:64-89 Bylaws of State college risk management group.

4. a. The bylaws of a State college risk management group shall:

(1) set forth a statement of purposes of the group;

(2) set forth provisions for organization of the group, including governance by a board of trustees;

(3) provide for the delivery of risk management programs in conjunction with any joint liability fund which the board of trustees shall establish;

(4) set forth procedures to enforce the collection of any contributions or payments in default;

(5) set forth membership standards as required in section 3 of this act;

(6) require that, for each joint liability fund, a contract or contracts of specific and aggregate excess insurance or reinsurance is maintained, if available, unless otherwise recommended by the trustees upon the advice and report of an independent actuary;

(7) set forth procedures for:

(a) withdrawal from the group and a fund by a member;

(b) termination of the group or fund and disposition of assets; and

(c) determining the obligations, if any, of a member in the event that the group is unable to pay indemnification obligations and expenses payable from a fund administered by it;

(8) require an annual certified audit to be prepared and filed with the commissioner;

(9) require that any joint liability fund be developed and operated in accordance with accepted and sound actuarial practices;

(10) provide that any expenditure of moneys in a fund be in furtherance of the purpose of the fund; and

(11) set forth other provisions as desired for operation and governance of the group.

b. The bylaws of a State college risk management group shall provide for governance of the group by a board of trustees selected in accordance with the provisions of the bylaws. The bylaws shall provide for trustee powers and duties and shall include, but not be limited to, the following powers of the board of trustees:

(1) to determine and establish contributions and rates, loss reserves, surplus, limits of coverage, limits of excess or reinsurance, coverage documents, dividends and other financial and operating policies of the group or fund;

(2) to invest moneys held in trust under a fund in investments which are approved for investment by regulation of the State Investment Council for surplus moneys of the State;

(3) to purchase, acquire, hold, lease, sell and convey real and personal property, all of which property shall be exempt from taxation under chapter 4 of Title 54 of the Revised Statutes;

(4) to collect and disburse all money due to or payable by the group, or authorize such collection and disbursement;

(5) to enter into contracts with other persons or with public bodies of this State for any professional, administrative or other services as may be necessary to carry out the purposes of the group or any fund;

(6) to purchase and serve as the master policyholders, if desired, for any insurance, including excess or reinsurance; and

(7) to do all other things necessary and proper to carry out the purposes for which the group is established.

L.2010, c.99, s.4.