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(4) (a) Subject to pars. (b) and (d), the total of all assessments for an
22amount authorized by the board under this section with respect to an insurer may
23not, in one calendar year, exceed 2% of the insurer's average annual premiums
24received in this state, during the 3 calendar years preceding the year of entry of the
1order of liquidation, on the types of policies and contracts that are covered by the
2account.
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(b) If the maximum assessment under par. (a), together with the other assets
4of the fund in an account, does not provide in one year in the account an amount that
5is sufficient for the fund to meet its obligations, the board shall assess additional
6amounts in each succeeding year until the amounts available enable the fund to meet
7its obligations.
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(d) If 2 or more assessments are authorized in one calendar year with respect
9to insurers placed in liquidation in different calendar years, the average annual
10premiums for purposes of the limitation in par. (a) shall be equal and limited to the
11higher of the 3-year annual premium average for the applicable account.
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(5) Collection. After the rate of assessment has been fixed, the
board 14fund shall send to each insurer a statement of the amount it is to pay. The
board fund 15shall designate whether the assessments shall be made payable in one sum or in
16installments. Assessments shall be collected by the same procedures as premium
17taxes or license fees under ch. 76.
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(6) Appeal and review. Within 30 days after the
board fund sends the
20statement under sub. (5), an insurer, after paying the assessment under protest, may
21appeal the assessment to the board or a committee thereof. The decision of the board
22on the appeal is subject to judicial review.
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(8) Abatement and deferral. The board may abate or defer the
6assessment of an insurer in whole or part if payment of the assessment would
7endanger the ability of the insurer to fulfill its contractual obligations. The amount
8by which an assessment is abated or deferred may be assessed under this section
9against other insurers.
When the conditions that prompted the board to defer
10assessment of an insurer no longer exist, the insurer shall pay all assessments that
11were deferred in accordance with a repayment plan approved by the board.
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(1)
Insurance security fund. The treatment of sections 609.98 (1) and (4) (a)
6and (b), 645.58 (1) (intro.), 646.01 (1) (a) 2. k. and L. and (b) 1., 9. (intro.), a., b., c.,
7and d., 11., 11m., 15., 16., 17., and 18., 646.03 (1m), (2n), (2p), (4), and (5), 646.12 (2)
8(d) and (f) 2. and 3. and (4), 646.13 (title), (1) (intro.) and (b), (2) (intro.), (b), (c), (d),
9and (g), (3) (intro.), (a), (b), and (c) (intro.) and 2., and (4), 646.15 (title) and (1) (a)
10(intro.), 1., 2., and 4., 646.16, 646.21 (2), 646.31 (1) (d) 10. and 11., (2) (a) 1. and 2.,
11(b) 1., 2. (intro.), a., and b., and 3., (f) (title) and 2., and (g), (3), (5), (6) (a) and (b), (7),
12(8), (9) (a), (b), (c), (cm), and (d), and (11), 646.32 (1), 646.325 (1) and (2) (intro.), (a)
13(intro.), and (b), 646.33 (2), (2m) (b), and (3), 646.35 (2), (3) (title), (intro.) (except
14646.35 (3) (title)), (a), (b), and (c), (5), (6) (a), (b), (bm), and (c) (intro.), 1. (intro.) and
15b., and 2. (intro.) and b., (7), (8), (9), and (10), 646.51 (1), (1c), (2), (3) (a) (title), 1., and
162., (am) 2., (b), and (c), (5), (6), (7) (a), (8), and (9) (b) 1. and 2., 646.60 (1) (a), 646.61
17(2), and 646.73 of the statutes, the renumbering and amendment of sections 646.11
18(1), 646.31 (10) and (13), 646.33 (1), 646.35 (4), and 646.51 (4) of the statutes, and the
19creation of sections 646.11 (1) (d) and (e), 646.31 (10) (b) and (13) (b), (c), and (d),
20646.33 (1) (b), (c), and (d), 646.35 (4) (b), and 646.51 (4) (a), (b), and (d) of the statutes
21first apply to liquidation proceedings in which a liquidation order is issued on the
22effective date of this subsection.