Sec. 28. (a) As used in this section, "fund" means the political subdivision risk management fund established by section 10 of this chapter.

(b) Notwithstanding any other provision of this chapter, the commission:

(1) with the approval of the insurance commissioner; and

(2) upon a determination by the commission that:

(A) membership in the fund is declining; and

(B) financial conditions warrant the action;

is authorized to take action under subsection (c).

(c) Under the circumstances set forth in subsection (b), the commission may do the following with respect to the fund:

(1) Prevent any political subdivision that is not already a member of the fund from becoming a member.

(2) Decline to renew the membership of the political subdivisions that are members of the fund.

(3) When the membership of the last member has expired, cease the operation of the fund, except for:

(A) the payment of liabilities of former members of the fund; and

(B) the collection of assessments from former members of the fund, if any are due;

in accordance with this chapter and rules adopted by the commission.

(4) Allow or cause a partial reduction or complete depletion of the balance of the fund through:

(A) the payment of liabilities of former members of the fund; and

(B) at the discretion of the commission, and with the approval of the commissioner, the pro rata return to former members of assessments paid by former members of the fund;

in accordance with this chapter and rules adopted by the commission.

(d) After any or all of the actions authorized by subsection (c), the commission, with the approval of the insurance commissioner, may resume using the fund to pay the liabilities of members of the fund under this chapter.

As added by P.L.103-1998, SEC.1.