§ 58-23-5. Local government pooling of property, liability and workers' compensation coverages.
§ 58‑23‑5. Localgovernment pooling of property, liability and workers' compensation coverages.
(a) In addition toother authority granted to local governments under Chapters 153A and 160A ofthe General Statutes to jointly purchase insurance or pool retention of theirrisks, two or more local governments may enter into contracts or agreementsunder this Article for the joint purchasing of insurance or to pool retentionof their risks for property losses and liability claims and to provide for thepayment of such losses of or claims made against any member of the pool on acooperative or contract basis with one another, or may enter into a trustagreement to carry out the provisions of this Article.
(b) In addition toother authority granted to local governments under Chapters 153A and 160A ofthe General Statutes or under G.S. 97‑7 to jointly purchase insurance orpool retention of their risks, two or more local governments may enter intocontracts or agreements pursuant to this Article to establish a separateworkers' compensation pool to provide for the payment of workers' compensationclaims under Chapter 97 of the General Statutes.
(c) In addition toother authority granted to local governments under Chapters 153A and 160A ofthe General Statutes to pool retention of their risks, two or more localgovernments may enter into contracts or agreements under this Article toestablish pools providing for life or accident and health insurance for theiremployees on a cooperative or contract basis with one another; or may enterinto a trust agreement to carry out the provisions of this Article.
(d) A workers'compensation pool established under this Article may only provide coverage forworkers' compensation, employers' liability, and occupational disease claims.
(e) Local governmentsthat intend to operate under this Article shall give the Commissioner 30 days'advance written notification, in a form prescribed by the Commissioner, thatthey intend to organize and operate risk pools pursuant to this Article. Localgovernments that jointly purchase insurance or pool retention of their risksunder authority granted to them in Chapters 153A and 160A of the GeneralStatutes or under G.S. 97‑7 and that do not provide the Commissioner withthe notification prescribed by this subsection shall not be subject toregulation by the Commissioner and shall not be under the jurisdiction of theCommissioner. (1985(Reg. Sess., 1986), c. 1027, s. 26; 1987, c. 441, s. 14; 2001‑334, s.18.3.)