Current through all regulations passed and filed through September 16, 2024
(A) Purpose
The purpose of this rule is to establish fees and charges for
certain transactions or services performed by the department of insurance.
(B) Authority
This rule is promulgated pursuant to the authority vested in
the superintendent under sections
3901.041,
3901.043
, 3901.07, and 3913.37 of the Revised Code.
(C) The following schedule of fees
is established for transactions and services performed under the following:
(1) Transactions pursuant to section
3901.321 of the Revised Code:
(a) Filing of the statement (form A) relating
to the change of control or takeover of a domestic insurance company.
Twenty-five hundred dollars.
(b)
Filing for an exemption from the requirements of section
3901.321 of the Revised Code.
One thousand dollars.
(2) Transactions pursuant to section
3901.341 of the Revised Code:
Filing of any transaction (form D) required by this paragraph.
Two hundred fifty dollars.
(3) Transactions pursuant to Chapter 3905. of
the Revised Code:
(a) Filing of a notice of
appointment of an agent, including the renewal of an agent at the time of
annual renewal.
Ten dollars/per appointment.
(b) Filing for authority to conduct business
as a surplus lines insurer. One thousand dollars/annually.
(4) Transactions pursuant to section
3907.12 of the Revised Code:
Filing for approval of a plan of reinsurance that exceeds the
limits set forth in section
3907.12 of the Revised Code, or
a plan of assumption reinsurance on policies issued by a domestic insurance
company. Fifteen hundred dollars.
(5) Transactions pursuant to sections
3911.011,
3915.14,
3917.06,
3918.07, and
3923.02 of the Revised Code:
Any filing required to be submitted to the superintendent.
Fifty dollars per insurer/per filing. Multiple forms relating to a single
policy may be filed together for one fifty dollar fee, otherwise, each form
filed is considered a separate filing and a fifty dollar fee applies to
each.
(6) Transactions
pursuant to sections 3913.01 to
3913.38 of the Revised Code:
(a) Filing of a plan of conversion of a
domestic stock life insurance corporation into a mutual insurance corporation.
Twenty-five hundred dollars.
(b)
Filing of a plan of conversion of a domestic mutual life insurance company to a
stock life insurance company. Twenty-five hundred dollars.
(c) Filing of a plan of conversion of a
non-life mutual insurance company to a stock non-life insurance company.
Twenty-five hundred dollars.
(d)
Filing of a plan of reorganization or merger of a mutual insurance company or
mutual insurance holding company. Twenty-five hundred dollars.
(7) Transactions pursuant to
section 3913.40 of the Revised Code:
Filing of a plan to transfer the domicile of an insurance
company either to or from the state of Ohio. Twenty-five hundred
dollars.
(8) Transactions
pursuant to section 3935.04 of the Revised Code:
(a) Any filing required to be submitted to
the superintendent. Fifty dollars per insurer/per filing. Multiple forms
relating to a single policy may be filed together for one fifty dollar fee,
otherwise, each form or policy is considered a separate filing and a fifty
dollar fee applies to each.
(b) Any
excess rate filing required to be submitted to the superintendent pursuant to
division (G) of section
3935.04 of the Revised Code is
exempt from the filing fee.
(9) Transactions pursuant to section
3937.03 of the Revised Code:
(a) Any filing required to be submitted to
the superintendent. Fifty dollars per insurer/per filing. Multiple forms
relating to a single policy may be filed together for one fifty dollar fee,
otherwise, each form or policy is considered a separate filing and a fifty
dollar fee applies to each.
(b) Any
special filing pursuant to division (E) of section
3937.03 of the Revised Code and
any excess rate filing pursuant to division (G) of section
3937.03 of the Revised Code that
are required to be submitted to the superintendent are exempt from the filing
fee.
(D)
Whenever another state or jurisdiction charges a greater fee for a transaction
listed in this rule to an insurer domiciled in Ohio, then the superintendent
may charge that higher fee to the insurer not domiciled in Ohio, who seeks to
have the transaction completed in this state.
(E)
(1) The
department will invoice the insurer for the fee charged for the transactions
listed in paragraph (C)(3) of this rule.
(2) Fees charged for the transactions listed
in paragraphs (C)(1), (C)(2), (C)(4), (C)(6) and (C)(7) of this rule shall be
submitted with the first documents sent to the department.
(3) Fees charged for the transactions listed
in paragraphs (C)(5), (C)(8) and (C)(9) of this rule shall be paid via the
"EFT" functionality built into the "System for Electronic
Rates and Forms Filing" commonly known as
"SERFF."
(4) All fees collected
pursuant to this rule shall be deposited to the credit of the department of
insurance operating fund created pursuant to section
3901.021 of the Revised
Code.
(F)
(1)
For purposes of
this paragraph, "expenses" has the same meaning as set forth in division (M) of
section 3901.07 of the Revised
Code.
(2)
Expenses incurred from the conduct of a financial
examination authorized by division (B) of section
3901.07 of the Revised Code will
be billed directly to the insurer.
(a)
Such expenses authorized by division (M)(4) of section
3901.07 of the Revised Code are
calculated at 0.96 of the amount assessed pursuant to division (M)(1)(a) of
section 3901.07 of the Revised
Code.
(b)
Such expenses billed to the insurer are due upon the
insurer's receipt of an invoice from the department pursuant to division (L) of
section 3901.07 of the Revised
Code.
(3)
Expenses incurred pursuant to divisions (M)(1)(b) to
(M)(1)(f) and (M)(4) of section
3901.07 of the Revised Code
apart from the conduct of a financial examination authorized by division (B) of
section 3901.07 of the Revised Code are
assessed annually to the insurer.
(a)
Such expenses for each domestic insurer are established
pursuant to the following schedule, provided that the total amount due from an
insurance holding company system with more than one domestic insurer is not to
exceed one hundred twenty-five thousand dollars in the aggregate:
Annual Countrywide Direct
Premiums Written |
Total Amount
Due |
$100,000,000 or
Greater |
$29,000 |
$50,000,000 to
$99,999,999 |
$19,000 |
$25,000,000 to
$49,999,999 |
$16,000 |
$10,000,000 to
$24,999,999 |
$13,000 |
$5,000,000 to
$9,999,999 |
$6,000 |
$500,000 to
$4,999,999 |
$1,600 |
Less Than
$500,000 |
$500 |
(b)
Such expenses billed to the insurer are due upon the
insurer's receipt of an invoice from the department.
(G) Severability
If any portion of this rule
or the application thereof to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the rule or
related rules which can be given effect without the invalid portion or
application, and to this end the provisions of this rule are
severable.