379.1809. Rating plan, master policy premium — rates not unfairly discriminatory, when — experience refunds or dividends, when.
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379.1809. Rating plan, master policy premium — rates not unfairly discriminatory, when — experience refunds or dividends, when. — 1. No master policy or certificate of insurance shall be issued or delivered in this state unless the rating plan and amendments thereto used in the determination of the master policy premium have met the applicable filing requirements in this state.
2. Group insurance premium rates shall not be deemed unfairly discriminatory if adjusted to reflect past and prospective loss experience or group expense factors, or if averaged broadly among persons insured under the master policy. Nor shall such rates be deemed to be unfairly discriminatory if they do not reflect individual rating factors, including surcharges and discounts required for individual personal lines property and casualty insurance policies.
3. Experience refunds or dividends may be paid to the policyholder of a group personal lines property and casualty insurance policy if the insurer's experience under that policy justifies experience refunds or dividends. However, if an experience refund or dividend is declared, it shall be applied by the policyholder for the sole benefit of the insured employees or members to the extent that the experience refund or dividend exceeds the policyholder's contribution to premium for the period covered by such experience refund or dividend.
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(L. 2021 H.B. 604 merged with S.B. 6)
Effective 1-01-22, see § 379.1824