§ 2349. Multi-tier program. (a) An insurer may make available a\nmulti-tier program, with more than one rate level in the same company,\nfor private passenger motor vehicle insurance in the voluntary market,\nprovided that:\n (1) the program and the insurer's business plan encourage depopulation\nof the assigned risk plan established by article fifty-three of this\nchapter;\n (2) the program is based upon mutually exclusive underwriting rules\nper tier, to the extent feasible;\n (3) credits and surcharges pursuant to an approved rating plan can be\napplied on a per tier basis; and\n (4) the program conforms to regulations promulgated by the\nsuperintendent.\n (b) For an insurer with an approved multi-tiering program, the\nprovisions of subsection (f) of section three thousand four hundred\ntwenty-five of this chapter shall apply in all respects, except that the\ntwo percent limitation set forth therein shall:\n (1) not apply to any risk moved from a tier to a lower-rated tier; and\n (2) be deemed to be three percent for risks moved from a tier to a\nhigher-rated tier.\n
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