(1) When the fund is approaching zero, the committee shall utilize loss ratio to determine how much money a person is eligible to receive, except as specified in (4).

(2) The committee shall use the following percentages when making recommendations to the commissioner as the fund approaches zero:

(a) eligible persons whose loss ratio is less than 10% are eligible for up to $2,500. Eligible persons 60 years and older are eligible for up to $5,000;

(b) eligible persons whose loss ratio is between 10% and 25% are eligible for up to $7,500. Eligible persons 60 years and older are eligible for up to $15,000;

(c) eligible persons whose loss ratio is between 25% and 50% are eligible for up to $12,500. Eligible persons 60 years and older are eligible for up to $25,000;

(d) eligible persons whose loss ratio is between 50% and 75% are eligible for up to $17,500. Eligible persons 60 years and older are eligible for up to $35,000; and

(e) eligible persons whose loss ratio is greater than 75% are eligible for the full amount under 30-10-1006(3), MCA.

(3) A person's eligibility for restitution does not mean he or she shall receive the amount listed. The committee shall make recommendations which cannot exceed the amount listed. Payments shall be limited to funds available. Not all persons deemed eligible shall receive payment.

(4) The committee may waive the loss ratios in the interest of justice.