20-686. Assessments

A. For the purpose of providing the funds necessary to carry out the powers and duties of the fund, the fund shall assess the member insurers, separately for each account, at such times and for such amounts as the fund finds necessary. The member insurers shall be required to pay the assessments within the time prescribed in a written notice of the assessment to the member insurers but no less than thirty days after the date of the written notice.

B. There shall be two classes of assessments, as follows:

1. Class A assessments shall be authorized and called for the purpose of meeting administrative costs and other general expenses not related to a particular impaired insurer or insolvent insurer.

2. Class B assessments shall be authorized and called to the extent necessary to carry out the powers and duties of the fund pursuant to section 20-685 with regard to an impaired insurer or insolvent insurer.

C. The amount of assessment for each account shall be determined as follows:

1. The amount of any class A assessment for each account shall be determined by the fund.

2. The amount of any class B assessment, except for assessments related to long-term care insurance, shall be allocated between the accounts in the proportion that the premiums received by the impaired insurer or insolvent insurer on the policies or contracts covered by each account bear to the premiums received by such insurer on all such policies or contracts. The amount of the class B assessment for long-term care insurance written by the impaired or insolvent insurer shall be allocated according to a methodology included in the plan of operation and approved by the director. The methodology shall provide for fifty percent of the assessment to be allocated to accident and disability member insurers and fifty percent to be allocated to life and annuity member insurers.

3. Class A and class B assessments against member insurers for each account shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies covered by each account bear to such premiums received on business in this state by all assessed member insurers.

4. Assessments for funds to meet the requirements of the fund with respect to an impaired insurer or insolvent insurer shall not be made until necessary to implement the purposes of this article. Classification of assessments as prescribed pursuant to subsection B of this section and computation of assessments pursuant to this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.

5. The total of all assessments on a member insurer for each account shall not in any one calendar year exceed two percent of that member insurer's average annual premiums received in this state on the policies and contracts covered by the account during the three calendar years preceding the year in which the member insurer became an impaired insurer or insolvent insurer. If two or more assessments are authorized in one calendar year with respect to member insurers that become impaired or insolvent in different calendar years, the average annual premiums for purposes of the aggregate assessment percentage limitation shall be limited to the greater of the three year average annual premiums for the applicable account as calculated pursuant to this subsection.

D. The fund may abate or defer, in whole or in part, the assessment of a member insurer if, in the opinion of the fund, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations.

E. If an assessment against a member insurer is abated or deferred, in whole or in part, because of the limitations set forth in subsection D of this section, the amount by which such assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this section. If the maximum assessment, together with the other assets of the fund in either account, does not provide in any one year in either account an amount sufficient to carry out the responsibilities of the fund, the necessary additional monies shall be assessed as soon thereafter as permitted by this article.

F. The fund, by an equitable method as established in the plan of operation, may refund to member insurers, in proportion to the contribution of each member insurer to that account, the amount the fund finds is not necessary to carry out during the coming year the obligations of the fund with regard to such amount, including assets accruing from net realized gains and income from investments. A reasonable amount may be retained in any account to provide funds for the continuing expenses of the fund and for future losses.

G. Any member insurer, in determining its premium rates and policyowner dividends as to any kind of insurance or health care services organization business within the scope of this article, may consider the amount reasonably necessary to meet its assessment obligations.

H. The fund shall issue to each member insurer paying an assessment a certificate of contribution, in a form prescribed by the director, for the amount paid. All outstanding certificates shall be of equal priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the member insurer in its financial statement as an asset in such form and for such amount and period of time as the director may approve.