34-9-165. Requirements as to contracts between funds and administrators not employed by funds.

If a fund contracts with an administrator which is not an employee of the fund, the fund and the administrator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with this Code section. The agreement shall set forth the following:#

1. (1)

   The powers of the administrator;#

2. (2)

   The general services to be performed by the administrator;#

3. (3)

   The manner and amount of compensation to be paid to the administrator and any arrangements between the fund and the administrator for the payment of administrative and other expenses incurred in connection with the operation of the fund;#

4. (4)

   A contractual provision obligating the administrator to obtain and maintain such bonds, deposits, or insurance coverage as may be required to be maintained by this article; and#

5. (5)

   A requirement that errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulations of the Commissioner be written with an authorized insurer or an eligible surplus lines insurer and be maintained at all times by the administrator.#

The agreement may provide for the following:#

1. (1)

   The right of substitution of the administrator and the revocation of the agreement upon notice to the Commissioner;#

2. (2)

   Restrictions upon the exercise of power by the administrator; and#

3. (3)

   Any other lawful provision deemed necessary or appropriate.#

The terms of any such agreement shall be reasonable and equitable, and the agreement and any amendments thereto shall be filed with the Commissioner at least 30 days prior to their use. Any such agreement and any and all amendments thereto which have not been specifically disapproved by the Commissioner within 30 days after the filing thereof shall be deemed to be approved.#

A copy of the agreement and any and all amendments thereto shall be furnished to each member upon request.#

Except as provided in subsection (d) of this Code section, such agreements and amendments shall be confidential and privileged and shall not be released to the public by the Commissioner without the prior written consent of the parties thereto.#