92 STAT. 102 Reinsurance agreements.
Ante, p. 98. Insurability terms and conditions, regulations.
Premium schedule studies and investigations.
Premium rates, regulations.
Black Lung Compensation Insurance Fund.
Repayment to Treasury Secretary.
PUBLIC LAW 95-239—MAR. 1, 1978 " (2) The Secretary may also enter into reinsurance agreements with one or more insurers or pools of insurers under which, in return for the payment of premiums to the insurance fund, and on such terms and conditions as will fully protect the financial solvency of the insurance fund, the insurance fund shall provide reinsurance coverage for benefits required to be paid under section 422. "(d) The Secretary may by regulation provide for general terms and conditions of insurability as applicable to operators of coal mines or insurers eligible for insurance or reinsurance under this section, including— "(1) the types, classes, and locations of operators or facilities which shall be eligible for such insurance or reinsurance; " (2) the classification, limitation, and rejection of any operator or facility which may be advisable; "(3) appropriate premiums for different classifications of operators or facilities; "(4^ appropriate loss deductibles; " ^5^ experience rating; and "(6) any other terms and conditions relating to insurance or reinsurance coverage or exclusion which may be appropriate to carry out the purposes of this section. "(e) The Secretary may undertake and carry out such studies and investigations, and receive or exchange such information, as may be necessary to formulate a premium schedule which will enable the insurance and reinsurance authorized by this section to be provided on a basis which is (1) in accordance with accepted actuarial principles; and (2) fair and equitable. "(f)(1) On the basis of estimates made by the Secretary in formulating a premium schedule under subsection (e), and such other information as may be available, the Secretary shall from time to time prescribe by regulation the chargeable premium rates for types and classes of insurers, operators of coal mines, and facilities for which insurance or reinsurance coverage shall be available under this section and the terms and conditions under which, and the area within which, such insurance or reinsurance shall be available and such rates shall apply. (2) Such premium rates shall be (A) based on a consideration of the risks involved, taking into account differences, if any, in risks based on location, type of operations, facilities, type of coal, experience, and any other matter which may be considered under accepted actuarial principles; and (B) adequate, on the basis of accepted actuarial principles, to provide reserves for anticipated losses. "(3) All premiums received by the Secretary shall be paid into the insurance fund. "(g)(1) The Secretary may establish in the Department of Labor a Black Lung Compensation Insurance Fund which shall be available, without fiscal year limitation— "(A) to pay claims of miners for benefits covered by insurance or reinsurance issued under this section; "(B) to pay the administrative expenses of carrying out the black lung compensation insurance program under this section; and "(C) to repay to the Secretary of the Treasury such sums as may be borrowed in accordance with the authority provided in subsection (i).
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