North Carolina General Statutes 97-134. Plan of Operation
The Plan is as follows:
(1) The Board shall adopt a Plan of Operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the Association.
Terms Used In North Carolina General Statutes 97-134
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Association: means the North Carolina Self-Insurance Security Association established by N. See North Carolina General Statutes 97-130
- Board: means the Board of Directors of the Association established by N. See North Carolina General Statutes 97-130
- Commissioner: means the North Carolina Commissioner of Insurance. See North Carolina General Statutes 97-130
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fund: means the North Carolina Self-Insurance Security Fund established by N. See North Carolina General Statutes 97-130
- member: means an individual self-insurer or group self-insurer that is required to be a member of the Association under this Article or Part 1, Article 47 of Chapter 58 of the N. See North Carolina General Statutes 97-130
- Plan: means the Plan of Operation authorized by N. See North Carolina General Statutes 97-130
(2) All member self-insurers shall comply with the Plan.
(3) The Plan shall:
a. Establish the procedures whereby all the powers and duties of the Association under N.C. Gen. Stat. § 97-133 will be performed.
b. Establish procedures for investing and managing Fund assets.
c. Adopt a reasonable mechanism and procedure to achieve equity in assessing members under N.C. Gen. Stat. § 97-133
d. Establish the amount and method of reimbursing members of the Board under N.C. Gen. Stat. § 97-132
e. Establish procedures by which claims may be filed with the Association and establish acceptable forms of proof of covered claims.
f. Establish regular places and times for meetings of the Board.
g. Establish procedures for records to be kept of all financial transactions of the Association, its agents, and the Board.
h. Provide that any member self-insurer aggrieved by any final action or decision of the Association may appeal to the Commissioner within 30 days after the action or decision.
i. Repealed by Session Laws 2011-196, s. 10, effective July 1, 2011.
j. Contain additional provisions necessary or proper for the execution of the powers and duties of the Association. (1985 (Reg. Sess., 1986), c. 1013, s. 1; 1987, c. 528, s. 11; 2005-400, s. 5; 2011-196, s. 10.)