Title 4 Part 76

Upon the termination of the plan by the State, or by employee by reason of default in the payment of premiums or by withdrawal or expulsion or otherwise, the coverage shall cease as of the last day for which the required premiums have been paid to the carrier.

The president may disqualify from participation in the plan any employee who has secured or attempted to secure participation in the plan for himself or another by fraud, deception or a false statement of a material fact. No employer shall be disqualified or denied benefits pursuant to this subdivision until he is given a written statement by the president of the reasons therefor and afforded an opportunity to make an explanation to be submitted to the president by the employee not later than 10 days following the issuance of the notice by the president required by this subdivision. Such employee may be restored to the plan only on the approval of the president and subject to such conditions as may be imposed by the president.

Assessments of proportionate shares of expenses of administration of the plan shall be made annually on March 31, in accordance with a formula approved by the president. With respect to participating employers, a statement of each assessment shall be sent to the appropriate fiscal officer and shall show the formula used and the actual computation of the assessment. Such assessment shall be payable by a participating employer within 30 days after such statement is rendered, by check made payable to the fund, and forwarded to the president. Failure to pay any such assessment promptly shall constitute cause for expulsion. Assessments of proportionate shares of expenses of administration of the plan for the State shall be submitted to the State Commissioner of Taxation and Finance.

Upon the request of the governing body of any authority, corporation, district, agency, subdivision or organization eligible to become a participating employer accompanied by a certificate of the chairman or other presiding officer thereof certifying as to the number of its employees who would be eligible to participate in the plan, the president shall provide an estimate of the costs, including assessments for administrative expenses, based on current and anticipated charges at the time of the estimate, which would have to be paid by such authority, corporation, district, agency, subdivision or organization on account of the coverage of its employees in the plan.

All records in the possession of the employer or its officers or agents which have a bearing on the participation of employees in the plan, or which otherwise have any bearing on the administration or operation of the plan, shall be open to the inspection of representatives of the president and the insurers at reasonable times.

If an employer withdraws from the plan, it shall give notice of intention to withdraw to the president and to its covered employees at least 60 days in advance of the last date for which coverage will be provided. An employer who withdraws or is expelled from the plan shall not be eligible to rejoin the plan for one year following such withdrawal; provided, however, that upon the request of an employer who has withdrawn from the plan, the president may in his discretion and for good cause shown, reduce or waive such one-year waiting period.

The president may expel an employer from the plan upon finding that fraud or abuses in the administration of the plan have been committed or permitted by the acts or neglect of its officers or agents, or that the employer has failed to carry out satisfactorily its duties and responsibilities as required under the plan and by this Part. Such expulsion shall be effective not sooner than two months after notice thereof has been given by the president to the governing body of the employer.