§ 36-85-5. Certificate of Authority; Application

1. No interlocal risk management agency shall establish a group self-insurance fund or funds until such agency has been issued a certificate of authority by the Commissioner of Insurance as provided in this Code section and under such rules and regulations as the Commissioner may promulgate to assure compliance with this chapter.
2. The Commissioner shall not be authorized to issue any certificate of authority pursuant to this Code section prior to April 30, 1987. Any application for a certificate of authority pursuant to this Code section which is filed prior to March 1, 1987, shall be updated by the applicant in order to comply with any statute, rule, or regulation which may be promulgated or enacted prior to the issuance of the certificate of authority.
3. When applying for a certificate of authority, an interlocal risk management agency shall file with the Commissioner an application setting forth:
   1. The name of the agency;
   2. The location of the agency’s principal office;
   3. The names and addresses of the members of the agency;
   4. The names and addresses of the members of each fund;
   5. The name and address of a Georgia resident designated and appointed as each fund’s proposed registered agent for service of process in this state;
   6. The names and addresses of the members of the board of trustees of the agency;
   7. A copy of the bylaws of the agency;
   8. A copy of the intergovernmental contract establishing the agency;
   9. A copy of the agreement or agreements establishing each fund;
   10. A copy of any agreements between the agency, any fund of the agency, and any administrator of a fund;
   11. A statement of the financial condition of the agency and each fund of the agency listing all of their assets and liabilities as of the end of the last preceding month prior to the date of the application on such a form as may be prescribed by the Commissioner;
   12. A copy of each contract, endorsement, and application form proposed to be issued or used in connection with each fund. Such contracts, endorsements, applications, or revisions thereto shall be filed with and approved by the Commissioner prior to their use; and
   13. A copy of the rates, rating systems, and rules proposed to be used in connection with each fund. Such rates, rating systems, rules, and any revisions thereto shall be filed with and approved by the Commissioner prior to their use.
4. A fund authorized by this chapter may be established by an agency only if the agency has enrolled members which:
   1. For each motor vehicle liability and general liability fund shall generate an annual gross premium of not less than $300,000.00;
   2. For each property damage fund shall generate an annual gross premium of not less than $200,000.00;
   3. For each fund which includes motor vehicle liability or general liability with property damage shall generate an annual gross premium of not less than $500,000.00;
   4. For each fund which includes motor vehicle liability, general liability, and property damage shall generate an annual gross premium of not less than $800,000.00; or
   5. For each fund which includes accident, disability, or supplemental medical coverage shall generate an annual gross premium of not less than $500,000.00.

History. Code 1981, § 36-85-5 , enacted by Ga. L. 1986, p. 1496, § 1; Ga. L. 1987, p. 1454, § 3; Ga. L. 2017, p. 336, § 4/HB 146.

The 2017 amendment, effective January 1, 2018, deleted “or” at the end of paragraph (d)(3), substituted “; or” for the period at the end of paragraph (d)(4), and added paragraph (d)(5).