N.J. Admin. Code § 12:18-2.8

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

Section 12:18-2.8 - Application for approval

(a) An employer desiring to establish a private plan for the payment of benefits to employees, shall file an application on a form and in a manner prescribed by the Director. In requesting the form, the employer shall inform the Division whether the benefits will be provided by a contract of insurance, or by an agreement between the employer and a union or association representing the employees or by the employer as a self-insurer. (b) If two or more employers desire to have their private plans insured by a single policy of insurance, either by mutual agreement or by agreement as set forth in (a) above, each shall file an application for approval on a form and in a manner prescribed by the Director, designating a nominee, designee, trustee or one of them as the duly authorized agent for the purposes of this Act.

(c) All documents required by the Division for the completion of the approval process shall be submitted within 90 days of the date the application is received. A new application shall be filed if all such documents are not received within 90 days unless the employer can demonstrate good cause for the delay. For the purposes of this section, "good cause" means any situation over which the employer did not have control and which was so compelling as to prevent the employer from submitting the documents as required by the Division.

(d) An application submitted for approval of a private plan shall bear the signature of an authorized representative of the insuring organization, if the private plan is to be insured by an admitted insurer or union welfare fund, and:

1. A corporate officer if the employer is a corporation;

2. The owner if the employer is an individual; or

3. A partner if the employer is a partnership.

(e) The Division shall permit any application for approval by the Division of a private plan to be submitted to the Division by means of electronic communication and permit the use of an electronic signature for any signature required in the application, as the term electronic signature is defined at N.J.S.A. 12A:12-2.

N.J. Admin. Code § 12:18-2.8

Amended by R.1994 d.241, effective 5/16/1994.
See: 26 New Jersey Register 1326(a), 26 New Jersey Register 2131(a).
Amended by R.1998 d.157, effective 4/6/1998.
See: 30 New Jersey Register 12(a), 30 New Jersey Register 1288(a).
Added (c).
Amended by R.2003 d.214, effective 5/19/2003.
See: 35 New Jersey Register 1039(a), 35 New Jersey Register 2226(a).
Added (d).

Amended by 55 N.J.R. 306(a), effective 2/21/2023