N.J. Admin. Code § 11:15-3.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 11:15-3.10 - Termination and/or withdrawal of fund members

(a) A member of the fund may remain a member for the full term of membership, as provided in the fund's bylaws, unless terminated by the fund for nonpayment of assessments, noncompliance with risk management or underwriting standards, or for other reasons subject to the prior approval by the Commissioner as reasons for termination. However, a member shall not be deemed terminated for any reason until:

1. After 30 days written notice of the intention to terminate the member has been given by the fund 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 and Department of Community Affairs, 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 fund that does not desire to continue as a member after the expiration of its membership term, as provided in the fund's bylaws, must give written notice of its intent to withdraw 90 days before expiration of the term period. The fund shall immediately notify the Department and the Department of Community Affairs of all members that have given notice of withdrawal from the fund.

(c) A member of the fund that did not approve any amendment to the fund bylaws approved pursuant to 40A:10-43 and desiring to withdraw pursuant to N.J.S.A. 40A:10-43e, or that does not otherwise want to continue membership prior to the termination of its membership term pursuant to (b) above in accordance with the provisions for withdrawal set forth in the fund's bylaws, shall provide written notice of its intent to withdraw 90 days prior to its withdrawal.

(d) A member that has been terminated by or does not continue as a member of the fund shall nevertheless share in any surplus in the appropriate trust accounts for that fund year and remain jointly and severally liable for claims incurred by the fund and its members during the period of its membership, including, but not limited to, being subject to and liable for supplemental assessments.

(e) The fund shall immediately notify the Department and the Department of Community Affairs if termination or withdrawal of a member causes the fund to fail to meet any of the requirements of 40A:10-36 et seq. or this subchapter. Within 15 days of the notice, the fund shall advise the Department and the Department of Community Affairs of its plan to bring the fund into compliance.

N.J. Admin. Code § 11:15-3.10

Amended by R.1996 d.535, effective 11/18/1996.
See: 28 New Jersey Register 4036(a), 28 New Jersey Register 4885(a).