4708 - Contingent liability.

§  4708. Contingent liability. (a) The municipal cooperation agreement  and  the  plan  document  delivered  to  each  participating   municipal  corporation shall provide that every municipal corporation participating  in  the municipal cooperative health benefit plan shall be liable in the  event of an order issued pursuant to subsection (b) of this section  for  an  assessment,  in addition to the amount of premium equivalent paid or  payable.    (b) If the municipal cooperative health benefit  plan  does  not  have  admitted  assets,  as  defined  in  section  one  hundred  seven of this  chapter, at least equal to the aggregate of  its  liabilities,  reserves  and  minimum  surplus  required  by this article, the governing board of  such plan shall, within thirty days thereafter, order an assessment  for  the  amount that will provide sufficient funds to remove such impairment  and collect from each municipal corporation a pro  rata  share  of  such  assessed amount.    (c)  Every  municipal  corporation  that participated in the municipal  cooperative health benefit plan at any time during the  two-year  period  prior  to  the  issuing  of  an assessment order by the plan's governing  board shall, if notified of such assessment, pay its pro rata  share  of  such assessment within ninety days after the issuance of that assessment  order.    (d)  A  municipal corporation's pro rata share of any assessment shall  be determined by applying the ratio of the total assessment to the total  contributions or premium equivalents earned during the period covered by  the assessment on all municipal corporations subject  to  assessment  to  the  contribution  or  premium  equivalent  earned  during  such  period  attributable to such municipal corporation.    (e) The contingent liability of municipal corporations for  additional  premium  equivalents or assessments shall not be included as an asset in  the financial statements of the  municipal  cooperative  health  benefit  plan.