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I. INTRODUCTION A. Overview of The Alberta Risk Sharing Pool (Alberta Pool) The Board of Directors of the Facility Association, for both industry and political reasons, deemed it necessary to develop a mechanism that would depopulate the Facility Association. It was their wish to develop a mechanism that would not require new legislation and could be tied to present legislation in Alberta so that all Alberta insurers, brokers and agents would be required to participate in the programme. The Board developed amendments to the Plan of Operation of the Facility Association that would create a risk sharing pool as a part of the Facility Association. The present Facility Association Administration, including the Board of Directors, Officers & Committees can administer the Alberta Pool. For Private Passenger automobile, the Facility Association Market Availability Plan has three components in Alberta: a Risk Sharing Pool, a Residual Market Segment and a Supplementary Market Availability Plan. Private Passenger risks that do not fall within the description of a Residual Market risk are not permitted to be written by Facility Association Servicing Carriers. Agents and brokers are required to place such risks with their voluntary markets. Such business is to be written as regular business by the writing company, and issued at their normal rates. The writing company has the option of keeping such business for their own account or transferring it to the Alberta Pool subject to the appropriate transfer condition. If transferred to the Alberta Pool, this action must be invisible to the consumer. The Alberta Pool applies only to personal use, private passenger vehicles. Risks are written by members at their normal premium levels, and transferred at 100%. Members will share in the results of the Alberta Risk Sharing Pool in the proportion that the total of its “voluntary private passenger non-fleet third party liability direct earned car years” not ceded to a risk sharing pool is of the total of all “voluntary private passenger non-fleet third party liability direct earned car years” not ceded to a risk sharing pool by all members for the province. Members transfer limit in the Alberta Pool for grid risks is unlimited and for non-grid risks is 4% of the previous year’s total voluntary private passenger non-fleet third party liability Direct Written Car Years for such jurisdiction in the immediately preceding calendar year less the number of grid risk private passenger non-fleet third party liability direct written car years ceded to the Alberta Risk Sharing Pool by it in the same period. The member shall be entitled as a result of the transfer of premium to an expense allowance in an amount equal to a percentage of the written premium applicable to the transferred coverages, such Effective October 1, 2004 I-1