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current Participating Members. The assessment may be calculated using any reasonable procedure, consistent with these Bylaws 9.5 Cash Flow and Stop -Loss Insurance. 9.5.1 Cash Flow Difficulties. The Board of Trustees shall protect the Pool from cash flow difficulties using methods that include, but are not limited to, the following: (a) Establishing and maintaining a Surplus consisting of funds contributed by Participating Members and the Pool's net position; or (b) Obtaining language in the Pool's stop -loss insurance policy requiring the insurer to advance funds to the Pool if the policy limits have been or are likely to be exceeded. The funds may be considered an advance against the insurer's potential liability for the policy period. 9.5.2 Stop Loss Insurance. The Pool may purchase excess or stop -loss insurance for indemnification of a portion of its losses. If stop loss insurance is required pursuant to Minnesota law, any such stop -loss insurance shall comply with Minnesota Rules, Part 2785.1300 and Minnesota Statutes, § 471.617. If the Pool determines that an excess or stop -loss insurance policy will be terminated or modified causing a violation of applicable law or otherwise compromising the Pool's financial integrity, the Pool shall notify the Commissioner prior to the termination or modification taking effect and shall indicate what corrective action will betaken. 9.5.3 Stop -Loss Requirements. The Board of Trustees shall comply with the following with respect to any stop -loss insurance it purchases: (a) If the Board elects to terminate or modify a stop -loss policy in a manner that would violate applicable law or otherwise compromise the Pool's financial integrity, the Board shall notify the Commissioner prior to the effective date of the termination or modification and indicate what corrective action will be taken. (b) No liability transferred to a stop -loss insurer may, directly or indirectly, be returned to the Pool or a Participating Member of the Pool. 9.6 Dividends. The Board of Trustees may, but shall not be required to, declare and pay dividends or distributions from its Surplus subject to the following requirements: 9.6.1 Limitations. The Board shall not declare a dividend or distribution from Surplus if doing so will cause the Surplus to be negative or if the Pool has a stop -loss advancement liability. 9.6.2 Allocation. Any dividend declared shall be allocated in proportion to each eligible Participating Member's share of the total Premiums paid during the period used to calculate the dividend. 9.6.3 Eligibility and Member Responsibilities. Only Members participating in the Pool at the time a dividend or distribution is declared shall be eligible to receive the dividend or distribution. If a dividend be distributed, each Participating Member shall be responsible Page 17 of 24