FORMATION OF BENEFITS CONSORTIUM

Two or more private educational institutions may form a benefits consortium for the purpose of establishing a self-funded employee welfare benefit plan by adopting articles of incorporation or a declaration of trust. The articles of incorporation or declaration of trust must: (1) limit membership in the benefits consortium to private educational institutions; (2) list the charter members of the benefits consortium; (3) include the method by which other institutions may be admitted as members of the benefits consortium; (4) require that each member agree to an initial membership term of not less than three years; (5) provide that the directors or trustees of the benefits consortium be elected from or on behalf of the membership of the benefits consortium and prescribe the method for selection of directors or trustees of the benefits consortium; (6) provide that the directors or trustees have complete fiscal control over the plan and are responsible for all operations of the plan; (7) list the purposes of the benefits consortium, including the types of risks shared by members of the consortium; (8) establish bylaws of the benefits consortium; and (9) provide for amendment of the articles of incorporation or declaration of trust and the bylaws.