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Rule 13s (1) If the plan to achieve full funding for payment of all claims and expenses of the self- insurers group pursuant to rule 408.43j is not approved by the bureau, then the bureau may order the board of trustees of the self-insurers group to immediately assess the employer members of the group for the full amount of the deficiency and/or order that any surplus funds distributed to group members during the previous 12 calendar months from the date of discovery of the funding deficiency by the group fund be immediately returned.
(2) If the bureau determines that the self-insurers group is unable to manage its own affairs and/or the requirements of this rule are not sufficient to secure all future liability established by the workers disability compensation act of 1969, then the bureau may require additional assessment of the employer members of the group and request the director to create and establish the terms of a trust, at the expense of the self-insurers group, for the deposit and administration of any assessment received and/or all assets of the self-insurers group. The trustees of the funds appointed under section 511 of the workers’ disability compensation act shall be appointed trustees of the self-insurers group trust fund established under this rule.
