§ 20-3-368 — Dissolution -- Disqualification

20-3-368 . Dissolution -- disqualification. (1) If, after being qualified by the state auditor, a district health insurance trust ceases to comply with the conditions under 20-3-366 (1) for more than 3 consecutive years, the trust shall immediately notify the state auditor and dissolve the trust no later than the end of the next full fiscal year after the date of notification. A district health insurance trust may also voluntarily dissolve.
(2) When dissolving pursuant to this section, the district health insurance trust shall wind up the affairs of the trust in the following order:
(a) impose any assessments on the districts of the trust that are calculated by the trust's retained actuary as necessary to pay all liabilities of the trust;
(b) pay all remaining claims, including incurred but not reported claims;
(c) pay all remaining liabilities of the trust;
(d) return any reserve balance remaining from the distribution of state funds to the trust under 20-3-369 (3) to the state of Montana, after adjustments under subsections (2)(a) through (2)(c), for deposit in the state general fund. The portion of the reserve balance attributable to the distribution of state funds referenced under this subsection (2)(d) must be determined by an actuarial reserve balance analysis conducted by an actuary chosen by the state auditor.
(e) distribute its remaining net assets, if any, proportionately to the districts of the trust pursuant to the contractual terms of coverage and membership in the trust. A district shall deposit funds distributed under this subsection (2)(e) in an internal service account and spend the funds in accordance with 20-3-330 or 20-3-331 .

Legislative History

En. Sec. 3, Ch. 770, L. 2023.