| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 39-A MRSA §403, sub-§4, as amended by PL 1997, c. 126, §8, | is further amended to read: |
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| | 4. Group self-insurers; application. Except for the | provision relating to individual public employer self- | insurers, subsection 3 is equally applicable in all respects | to group self-insurers. Any employer or group of employers | desiring to become a self-insurer shall submit to the | Superintendent of Insurance with an application for self- | insurance, in a form prescribed by the superintendent, the | following: |
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| A. A payroll report for each participating employer of | the group for the 3 preceding annual fiscal periods; |
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| B. A report of compensation losses incurred, payments | plus reserves, by each participating employer of the group | for the periods described in paragraph A; |
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| C. A sworn itemized statement of the group's assets and | liabilities; satisfactory proof of financial ability to | pay compensation for the employers participating in the | group plan; and the group's reserves, their source and | assurance of continuance; |
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| D. A description of the safety organization maintained by | the employer or group for the prevention of injuries; |
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| E. A statement showing the kind of operations performed | or to be performed; |
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| F. An indemnity agreement in a form prescribed by the | superintendent that jointly and severally binds the group | and each member to comply with the provisions of this Act; | and |
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| G. Any other agreements, contracts or other pertinent | documents relating to the organization of the employers in | the group. |
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| If, upon examination of the sworn financial statement and | other data submitted, the superintendent is satisfied as to | the ability of the employer or group to make current | compensation payments and that the employer's or group's | tangible assets make reasonably certain the payment of all | obligations that may arise under this Act, the application | must be granted subject to the terms and conditions setting | out the exposure of cash deposits or securities or an | acceptable surety bond, as required by the superintendent. | Security Except as provided in subsection 4-A, |
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