110 STAT. 1760
PUBLIC LAW 104-188—AUG. 20, 1996
"(C) which meets the organizational requirements of
paragraph (3).
"(3) ORGANIZATIONAL REQUIREMENTS.—An organization
(hereinafter in this subsection referred to as the 'risk pool')
meets the organizational requirements of this paragraph if—
"(A) such risk pool is organized as a nonprofit organization under State law provisions authorizing risk pooling
arrangements for charitable organizations,
"(B) such risk pool is exempt from any income tax
imposed by the State (or will be so exempt after such
pool qualifies as an organization exempt from tax under
this title),
"(C) such risk pool has obtained at least $1,000,000
in startup capital from nonmember charitable organizations,
"(D) such risk pool is controlled by a board of directors
elected by its members, and
"(E) the organizational documents of such risk pool
require that—
"(i) each member of such pool shall at all times
be an organization described in subsection (c)(3) and
exempt from tax under subsection (a),
"(ii) any member which receives a final determination that it no longer qualifies as an organization
described in subsection (c)(3) shall immediately notify
the pool of such determination and the effective date
of such determination, and
"(iii) each policy of insurance issued by the risk
pool shall provide that such policy will not cover the
insured with respect to events occurring after the date
such final determination was issued to the insured.
An organization shall not cease to qualify as a qualified charitable risk pool solely by reason of the failure of any of its
members to continue to be an organization described in subsection (c)(3) if, within a reasonable period of time after such
pool is notified as required under subparagraph (C)(ii), such
pool takes such action as may be reasonably necessary to
remove such member from such pool.
"(4) OTHER DEFINITIONS.— For purposes of this subsection—
"(A) STARTUP CAPITAL.—The term 'startup capital'
means any capital contributed to, and any program-related
investments (within the meaning of section 4944(c)) made
in, the risk pool before such pool commences operations.
" (B) NONMEMBER CHARITABLE ORGANIZATION. — The
term 'nonmember charitable organization' means any
organization which is described in subsection (c)(3) and
exempt from tax under subsection (a) and which is not
a member of the risk pool and does not benefit (directly
or indirectly) from the insurance coverage provided by the
pool to its members.".
26 USC 501 note.
(b) EFFECTIVE DATE. —The amendment made by subsection (a)
shall apply to taxable years beginning after the date of the enactment of this Act.
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