N.D. Admin. Code 45-06-14-04

Current through Supplement No. 394, October, 2024

Section 45-06-14-04 - Bylaws

1.Content. Bylaws may contain any provision that does not conflict with this chapter. Bylaws must, at a minimum, contain the following provisions:

a. The multiple employer welfare arrangement's name, purpose, fiscal year, and initial date of existence;

b. Definitions of key terms;

c. A statement of the powers, duties, and responsibilities assigned to the board, the service company, the financial administrator, and reserved by the membership;

d. The number, term of office, and method of selection and replacement of the members of the board;

e. The procedure for calling board meetings;

f. The method of periodic selection and review of the service company and financial administrator;

g. The procedure for amending the bylaws;

h. The procedure for resolving disputes among members, which must not include submitting disputes to the commissioner;

i. The criteria for membership in the multiple employer welfare arrangement, including standards of financial integrity and loss experience;

j. The procedure for admitting new members to the multiple employer welfare arrangement;

k. The criteria for expelling members from the multiple employer welfare arrangement for reasons, including nonpayment of premiums;

l. The procedure for withdrawal and expulsion of members from the multiple employer welfare arrangement, including the minimum required period of membership;

m. A statement of the coverages to be provided by the multiple employer welfare arrangement;

n. The procedure for including and excluding a member's participation in a particular coverage;

o. The proposed initial premium payments by members and, if applicable, by the members' employees;

p. The procedure for changing premium rates;

q. The procedure for levying and collecting an assessment;

r. A statement identifying those with access to multiple employer welfare arrangement funds and the purposes for which multiple employer welfare arrangement funds may be spent;

s. The procedure for distributing dividends, and the eligibility of past members and past covered employees for dividends; and

t. The procedure for distributing any assets remaining upon the multiple employer welfare arrangement's dissolution.

2.Adoption and changes. The bylaws must be adopted in writing by all initial members. Authority to change the bylaws must reside with the membership or the board, according to the terms of the bylaws. The multiple employer welfare arrangement must file bylaws changes with the commissioner within thirty days after adoption.

N.D. Admin Code 45-06-14-04

Effective January 1, 2007.

Amended by Administrative Rules Supplement 2017-364, April 2017, effective 4/1/2017.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 26.1-01-07.4, 26.1-07.1