Current through Reg. 50, No. 13; March 28, 2025
(a)
Scope. This section specifies the requirements for insurers and other regulated
entities for filing the 2010 annual statement, the 2011 quarterly statements,
other reporting forms, and electronic data filings with the department and the
National Association of Insurance Commissioners (NAIC) necessary to report
information concerning the financial condition and business operations and
activities of insurers. This section applies to all insurers and certain other
regulated entities authorized to do the business of insurance in this state and
includes, but is not limited to, life insurers; accident insurers; life and
accident insurers; life and health insurers; accident and health insurers;
life, accident and health insurers; mutual life insurers; stipulated premium
insurers; group hospital service corporations; fire insurers; fire and marine
insurers; U.S. branches of alien insurers; Mexican casualty insurers; general
casualty insurers; fire and casualty insurers; mutual insurers other than life;
statewide mutual assessment companies; local mutual aid associations; mutual
burial associations; exempt associations; county mutual insurers; Lloyd's
plans; reciprocal and inter-insurance exchanges; domestic risk retention
groups; domestic joint underwriting associations; title insurers; fraternal
benefit societies; farm mutual insurers; health maintenance organizations;
nonprofit health corporations; nonprofit legal services corporations; the Texas
Health Insurance Risk Pool; the Texas Mutual Insurance Company; the Texas
Windstorm Insurance Association; and the Texas FAIR Plan Association. The
commissioner adopts by reference the 2010 annual statement blanks, the 2011
quarterly statement blanks, and the related instruction manuals published by
the NAIC, and other supplemental reporting forms specified in this section. The
forms are available from the Texas Department of Insurance, Financial Analysis
Division, Mail Code 303-1A, P.O. Box 149104, Austin, Texas 78714-9104. The NAIC
annual and quarterly statement blanks and other NAIC supplemental reporting
forms can be printed or filed electronically using annual statement software
available from vendors. Insurers and other regulated entities shall properly
report to the department and the NAIC by completing, in accordance with
applicable instructions, the appropriate paper copy annual and quarterly
statement blanks, other reporting forms, and electronic data filings.
(b) Definition. In this section "Texas
Edition" refers to the blanks and forms promulgated by the
commissioner.
(c) Conflicts with
Other Laws. In the event of a conflict between the Insurance Code, any
currently existing department rule, form, instructions, or any specific
requirement of this section and the NAIC instructions listed in this section,
the Insurance Code, the department rule, form, instruction, or the specific
requirements of this section shall take precedence and in all respects
control.
(d) Filing Requirements
for Life, Accident and Health Insurers. Each life; life and accident; life and
health; accident; accident and health; mutual life; or life, accident and
health insurance company; stipulated premium company; group hospital service
corporation; and the Texas Health Insurance Risk Pool shall complete and file
the blanks, forms, or electronic data filings as directed in this subsection.
This subsection does not apply to entities licensed as health maintenance
organizations under the Insurance Code Chapter 843. Insurers specified in this
subsection and engaged in business authorized under the Insurance Code Chapter
843 may have additional reporting requirements under subsection (h) of this
section. Insurers described under this subsection may elect to file on the 2010
Health Annual Statement for year-end 2010, and on the 2011 Health Quarterly
Statement for the three quarters of 2011, if the insurer passes the Health
Statement Test as outlined in the "2010 Annual Statement, Health Instructions."
If a reporting entity qualifies under this subsection to use the 2010 Health
Annual Statement, it must continue to use that annual statement for a minimum
of three years or obtain written approval from the department to change to
another type of annual statement. Insurers filing the 2010 Life, Accident and
Health Annual Statement, the 2011 Life, Accident and Health Quarterly
Statements, and the supplemental forms and reports identified in these
subsections shall complete filings in accordance with the "2010 Annual
Statement Instructions, Life, Accident and Health," and the "2011 Quarterly
Statement Instructions, Life, Accident and Health," as applicable. Life
insurers meeting the test set forth in this subsection to file the 2010 Health
Annual Statement and the supplemental forms and reports identified in these
subsections shall complete filings in accordance with the "2010 Annual
Statement Instructions, Health," and the "2011 Quarterly Statement
Instructions, Health," as applicable. The electronic filings of these forms or
reports with the NAIC shall be in accordance with the NAIC data specifications
and instructions for electronic filing and shall include PDF format filing. The
filings for insurers described in this subsection are as follows:
(1) domestic insurer reports and forms in
paper copy to be filed only with the department as follows:
(A) 2010 Life, Accident and Health Annual
Statement, including the printed investment schedule detail, due on or before
March 1, 2011, in accordance with the provisions of the Texas Insurance Code
applicable to the type of insurer described under this subsection (stipulated
premium companies not subject to the Insurance Code §
884.406, April 1,
2011);
(B) 2010 Life, Accident and
Health Annual Statement of the Separate Accounts for the 2010 calendar year
(required of companies maintaining separate accounts), due on or before March
1, 2011, in accordance with the provisions of the Texas Insurance Code
applicable to the type of insurer described under this subsection;
(C) 2010 Life, Accident and Health Quarterly
Statements, due on or before May 15, August 15, and November 15, 2011. A Texas
stipulated premium company, unless specifically requested to do so by the
department, is not required to file quarterly data filings with the NAIC if it
meets all three of the following conditions:
(i) it is authorized to write only life
insurance on its certificate of authority;
(ii) it collected premiums in the prior
calendar year of less than $1 million; and
(iii) it had a profit from operations in the
prior two calendar years;
(D) 2010 Health Annual Statement, including
the printed investment schedule detail, due on or before March 1, 2011, in
accordance with the provisions of the Texas Insurance Code applicable to the
type of insurer described under this subsection, if the company qualifies as
described in this subsection;
(E)
2011 Health Quarterly Statements, due on or before May 15, August 15, and
November 15, 2011 if the company qualifies as described in this
subsection;
(F) all the paper
copies of the annual and quarterly supplements prepared and filed on dates
specified in the forms and instructions;
(G) Management's Discussion and Analysis, due
on or before April 1, 2011;
(H)
Statement of Actuarial Opinion, due on or before March 1, 2011, in accordance
with the Insurance Code §
802.002 and other
provisions of the Texas Insurance Code applicable to the type of insurer
described under this subsection (stipulated premium companies not subject to
the Insurance Code §
884.406, April 1,
2011). The actuarial opinion shall be prepared in accordance with paragraph (4)
of this subsection;
(I) Schedule
SIS, due on or before March 1, 2011, in accordance with the provisions of the
Texas Insurance Code applicable to the type of insurer described under this
subsection. This filing is also required if filing a Health Annual Statement,
as applicable;
(J) Supplemental
Compensation Exhibit, due on or before March 1, 2011, in accordance with the
provisions of the Texas Insurance Code applicable to the type of insurer
described under this subsection (stipulated premium companies not subject to
the Insurance Code §
884.406, April 1,
2011). This filing is also required if filing a Health Annual Statement, as
applicable;
(K) The Texas Health
Insurance Risk Pool shall file the 2010 Health Annual Statement, and the 2011
Quarterly Statements as follows:
(i) 2010
Health Annual Statement with only pages 1 - 6, and Schedule E Part 1, Part 2,
and Part 3 to be completed and filed on or before March 1, 2011, in accordance
with the Insurance Code Chapter 1506;
(ii) 2011 Health Quarterly Statements, with
only pages 1 - 6, Schedule E, Part 1 - Cash, and Part 2 - Cash Equivalents to
be completed and filed on or before May 15, August 15, and November 15, 2011;
and
(iii) The Texas Health
Insurance Risk Pool is not required to file any reports, diskettes, or
electronic data filings with the NAIC;
(L) Texas Overhead Assessment Exemption Form
(Texas Edition), due on or before March 1, 2011, in accordance with the
provisions of the Texas Insurance Code applicable to the type of insurer
described under this subsection (stipulated premium companies not subject to
the Insurance Code §
884.406, April 1,
2011). This form is to be filed only by domestic insurance companies that have
qualified pension contracts under the Insurance Code §
401.151; otherwise,
this form should not be filed; and
(M) Analysis of Surplus (Texas Edition) for
life, accident and health insurers, due on or before March 1, 2011, in
accordance with the provisions of the Texas Insurance Code applicable to the
type of insurer described under this subsection (stipulated premium companies
not subject to the Insurance Code §
884.406, April 1,
2011).
(2) Foreign
companies filing only electronically with the NAIC and not filing a paper copy
with the department shall file a signed jurat page with the department in lieu
of filing the entire paper filing.
(3) Electronic filings with the NAIC by
domestic and foreign insurers:
(A) 2010 Life,
Accident and Health Annual Statement electronic filing and PDF filing, due on
or before March 1, 2011, in accordance with the Insurance Code Chapter 802,
Subchapter B, and other provisions of the Texas Insurance Code applicable to
the type of insurer described under this subsection (stipulated premium
companies not subject to the Insurance Code §
884.406, April 1,
2011);
(B) 2010 Life, Accident and
Health Annual Statement of the Separate Accounts electronic filing and PDF
filing, due on or before March 1, 2011, in accordance with the Insurance Code
Chapter 802, Subchapter B, and other provisions of the Texas Insurance Code
applicable to the type of insurer described under this subsection;
(C) 2011 Life, Accident and Health Quarterly
Statement electronic filings and PDF filings, due on or before May 15, August
15, and November 15, 2011. A Texas stipulated premium company, unless
specifically requested to do so by the department, is not required to file
quarterly electronic data filings with the NAIC if it meets all three of the
following conditions:
(i) it is authorized to
write only life insurance on its certificate of authority;
(ii) it collected premiums in the prior
calendar year of less than $1 million; and
(iii) it had a profit from operations in the
prior two calendar years;
(D) all annual and quarterly supplemental
electronic filings together with the related PDF filings (except for Schedule
SIS and Supplemental Compensation Exhibit which are filed by domestic insurers
only with the department in paper copy) due on the dates specified in the forms
and instructions; and
(E) Statement
of Actuarial Opinion, due on or before March 1, 2011, in accordance with the
Insurance Code §
802.002, and other
provisions of the Texas Insurance Code applicable to the type of insurer
described under this subsection (stipulated premium companies not subject to
the Insurance Code §
884.406, April 1,
2011). The actuarial opinion shall be prepared in accordance with paragraph (4)
of this subsection.
(4)
Statement of Actuarial Opinion required by paragraphs (1)(H) and (3)(E) of this
subsection shall be prepared in accordance with the following:
(A) For companies filing the 2010 Life,
Accident and Health Annual Statement, the Statement of Actuarial Opinion,
attached to the 2010 Life, Accident and Health Annual Statement, must follow
the applicable provisions of §§
3.1601-
3.1608 of this title (relating to
Actuarial Opinion and Memorandum Regulation), except for companies exempted
from the asset adequacy analysis pursuant to §
3.1608 of this title. For those
companies exempted from the asset adequacy analysis pursuant to §
3.1608 of this title, the format
provided by instructions 1 - 12 of the "2010 Annual Statement Instructions,
Life, Accident and Health," must be followed.
(B) For companies filing the 2010 Health
Annual Statement, the Statement of Actuarial Opinion, attached to the 2010
Health Annual Statement, must follow the "2010 Annual Statement Instructions,
Health." In addition, for those companies not exempted from the asset adequacy
analysis pursuant to §
3.1608 of this title, the
Statement of Actuarial Opinion must follow the applicable provisions of
§§
3.1601-
3.1608 of this title that are not
covered in the "2010 Annual Statement Instructions, Health," including those
provisions relating to asset adequacy analysis.
(C) Any company required by §
3.4505(b)(3)(G)
of this title (relating to General Calculation Requirements for Basic Reserves
and Premium Deficiency Reserves) to opine on the application of X factors,
shall attach this opinion to the 2010 Life, Accident and Health Annual
Statement or the 2010 Health Annual Statement, as applicable.
(5) The commissioner reserves the
right to request paper copies of any paper or electronic filings made by
foreign companies in their state of domicile or the NAIC.
(6) A foreign insurer that is classified as a
commercially domiciled insurer under the Insurance Code §
823.004 shall file an
Analysis of Surplus (Texas Edition) for life, accident and health insurers with
the department, on or before March 1, 2011, in accordance with provisions of
the Texas Insurance Code applicable to the type of insurer described under this
subsection.
(e)
Requirements for Property and Casualty Insurers. Each fire; fire and marine;
general casualty; fire and casualty; or U.S. branch of an alien insurer; county
mutual insurance company; mutual insurance company other than life; Lloyd's
plan; reciprocal or inter insurance exchange; domestic risk retention group;
life insurance company that is licensed to write workers' compensation; any
farm mutual insurance company that filed a property and casualty annual
statement for the 2009 calendar year or had gross written premiums in 2010 in
excess of $6 million; domestic joint underwriting association; the Texas Mutual
Insurance Company; the Texas Windstorm Insurance Association; and the Texas
FAIR Plan Association shall complete and file the following blanks, forms, and
diskettes or electronic data filings as described in this subsection. The forms
and reports identified in this subsection shall be completed in accordance with
the "2010 Annual Statement Instructions, Property and Casualty," and the "2011
Quarterly Statement Instructions, Property and Casualty," as applicable. The
electronic filings with the NAIC shall be in accordance with the NAIC data
specifications and instructions and shall include PDF format filing, as
applicable. The filings for insurers described in this subsection are as
follows:
(1) domestic insurer reports and
forms in paper copy to be filed only with the department as follows:
(A) 2010 Property and Casualty Annual
Statement, due on or before March 1, 2011, in accordance with the provisions of
the Texas Insurance Code applicable to the type of property and casualty
insurer, including the printed investment schedule detail;
(B) 2011 Property and Casualty Quarterly
Statements, due on or before May 15, August 15, and November 15,
2011;
(C) 2010 Combined
Property/Casualty Annual Statement, due on or before May 1, 2011. This
statement is required only for those affiliated insurers that wrote more than
$35 million in direct premiums as a group in calendar year 2010, as disclosed
in Schedule T of the Annual Statement(s);
(D) all the paper copies of the annual and
quarterly supplements prepared and filed on dates specified in the forms and
instructions;
(E) Statement of
Actuarial Opinion, due on or before March 1, 2011, in accordance with the
Insurance Code §
802.002, and other
provisions of the Texas Insurance Code applicable to the type of property and
casualty insurer, and prepared in accordance with the "2010 Annual Statement
Instructions, Property and Casualty;"
(F) Schedule SIS, due on or before March 1,
2011, in accordance with the provisions of the Texas Insurance Code applicable
to the type of property and casualty insurer;
(G) Supplemental Compensation Exhibit, due on
or before March 1, 2011, in accordance with the provisions of the Texas
Insurance Code applicable to the type of property and casualty
insurer;
(H) Texas Overhead
Assessment Exemption Form (Texas Edition), due on or before March 1, 2011, in
accordance with the provisions of the Texas Insurance Code applicable to the
type of property and casualty insurer. This form is to be filed only by
domestic insurance companies that have qualified pension contracts under the
Insurance Code §
401.151; otherwise,
this form should not be filed;
(I)
Texas Supplement for County Mutuals (Texas Edition) (required of Texas county
mutual insurance companies only), due on or before March 1, 2011, in accordance
with the Insurance Code Chapter 912;
(J) Texas Supplemental "A" for County Mutuals
(Texas Edition) (required of Texas county mutual insurance companies only), due
on or before March 1, 2011, in accordance with the Insurance Code Chapter
912;
(K) Analysis of Surplus (Texas
Edition) for property and casualty insurers except Texas county mutual
insurance companies, due on or before March 1, 2011, in accordance with the
provisions of the Texas Insurance Code applicable to the type of property and
casualty insurer;
(L) Actuarial
Opinion Summary prepared in accordance with §
7.9 of this subchapter (relating
to Examination of Actuarial Opinion for Property and Casualty
Insurers);
(M) Management's
Discussion and Analysis, due on or before April 1, 2011;
(N) The Texas Windstorm Insurance Association
shall complete and file the following:
(i)
2010 Property and Casualty Annual Statement, due on or before March 1, 2011, in
accordance with the Insurance Code Chapter 2210;
(ii) annual financial statements for year-end
2010 prepared in accordance with generally accepted accounting principles as
prescribed or modified by the Governmental Accounting Standards Board or its
successor, and in compliance with the Government Code §
2101.011(d)
and any related regulations, guidelines, procedures, or reporting requirements
prescribed by the Comptroller of Public Accounts, due on or before March, 1,
2011, in accordance with the Insurance Code Chapter 2210;
(iii) quarterly financial statements for the
first three quarters of calendar year 2011 prepared in accordance with
generally accepted accounting principles as prescribed or modified by the
Governmental Accounting Standards Board or its successor, due on or before May
15, August 15, and November 15, 2011;
(iv) 2011 Property and Casualty Quarterly
Statements, due on or before May 15, August 15, and November 15,
2011;
(v) Statement of Actuarial
Opinion, due on or before March 1, 2011, in accordance with the Insurance Code
§
802.002 and Chapter
2210, and prepared in accordance with the "2010 Annual Statement Instructions,
Property and Casualty;"
(vi)
Actuarial Opinion Summary prepared in accordance with §
7.9 of this subchapter;
(vii) Management's Discussion and Analysis,
due on or before April 1, 2011;
(viii) Supplemental Compensation Exhibit, due
on or before March 1, 2011, in accordance with the Insurance Code Chapter 2210;
and
(ix) all the paper copies of
the annual and quarterly supplements prepared and filed on dates specified in
the forms and instructions, as applicable.
(O) Notwithstanding §
5.9927 of this title (relating to
Annual and Quarterly Financial Statements), the Texas FAIR Plan Association
shall complete and file the following:
(i)
2010 Property and Casualty Annual Statement, due on or before March 31, 2011,
in accordance with the Insurance Code Chapter 2211;
(ii) 2011 Property and Casualty Quarterly
Statements, due on or before May 15, August 15, and November 15,
2011;
(iii) Statement of Actuarial
Opinion, due on or before March 31, 2011, in accordance with the Insurance Code
§
802.002 and Chapter
2210, and prepared in accordance with the "2010 Annual Statement Instructions,
Property and Casualty;"
(iv)
Actuarial Opinion Summary prepared in accordance with §
7.9 of this subchapter, due on or
before April 15, 2011;
(v)
Management's Discussion and Analysis, due on or before April 1, 2011;
(vi) Supplemental Compensation Exhibit, due
on or before March 31, 2011; and
(vii) all the paper copies of the annual and
quarterly supplements prepared and filed on dates specified in the forms and
instructions, as applicable.
(2) Foreign property and casualty insurers
filing only electronically with the NAIC and not filing a paper copy with the
department shall file a signed jurat page with the department in lieu of filing
the entire paper filing.
(3)
Electronic filings by domestic and foreign insurers, except Texas Windstorm
Insurance Association and the Texas FAIR Plan Association, to be filed with the
NAIC:
(A) 2010 Property and Casualty Annual
Statement electronic filing and PDF filing, due on or before March 1, 2011, in
accordance with the Insurance Chapter 802, Subchapter B and other provisions of
the Texas Insurance Code applicable to the type of property and casualty
insurer;
(B) 2011 Property and
Casualty Quarterly Statement electronic filings and PDF filings, due on or
before May 15, August 15, and November 15, 2011;
(C) all annual and quarterly supplemental
electronic filings together with the related PDF filings (except for electronic
Schedule SIS and Supplemental Compensation Exhibit, required of domestic
insurers only) due on the dates specified in the forms and
instructions;
(D) electronic
combined insurance exhibit, due on or before May 1, 2011;
(E) combined annual statement electronic
filing and PDF filing, due on or before May 1, 2011; and
(F) Statement of Actuarial Opinion, due on or
before March 1, 2011, in accordance with the Insurance §802.002 and other
provisions of the Texas Insurance Code applicable to the type of property and
casualty insurer, and prepared in accordance with the "2010 Annual Statement
Instructions, Property and Casualty."
(4) Notwithstanding §
5.9927 of this title, electronic
filings by the Texas Windstorm Insurance Association and the Texas FAIR Plan
Association to be filed with the NAIC:
(A)
2010 Property and Casualty Annual Statement electronic filing and PDF filing,
due on or before March 1, 2011, for the Texas Windstorm Insurance Association,
in accordance with the Insurance Code Chapter 802, Subchapter B and Chapter
2210; and due on or before March 31, 2011, for the Texas FAIR Plan Association,
in accordance with the Insurance Code Chapter 802, Subchapter B and Chapter
2211;
(B) 2011 Property and
Casualty Quarterly Statement electronic filings and PDF filings, due on or
before May 15, August 15, and November 15, 2011;
(C) all annual and quarterly supplemental
electronic filings together with the related PDF filings (except for electronic
Supplemental Compensation Exhibit) due on the dates specified in the forms and
instructions, as applicable; and
(D) Statement of Actuarial Opinion, due on or
before March 1, 2011, for the Texas Windstorm Insurance Association, in
accordance with the Insurance Code §
802.002 and Chapter
2210; and due on or before March 31, 2011, for the Texas FAIR Plan Association,
in accordance with the Insurance §802.002 and Chapter 2211 and prepared in
accordance with the "2010 Annual Statement Instructions, Property and
Casualty."
(5) The
commissioner reserves the right to request paper copies of any paper or
electronic filings made by foreign companies in their state of domicile or the
NAIC.
(6) A foreign insurer that
files an application with the department for approval of a policyholder
dividend shall file an Analysis of Surplus (Texas Edition) for property and
casualty insurers with the application.
(7) A foreign insurer that is classified as a
commercially domiciled insurer under the Insurance Code §
823.004 shall file an
Analysis of Surplus (Texas Edition) for property and casualty insurers with the
department, on or before March 1, 2011, in accordance with the provisions of
the Texas Insurance Code applicable to the type of property and casualty
insurer.
(f)
Requirements for Fraternal Benefit Societies. Each fraternal benefit society
shall complete and file the following blanks, forms, and electronic data
filings for the 2010 calendar year, and the first three quarters for the 2011
calendar year. The forms and reports identified in this subsection shall be
completed in accordance with the "2010 Annual Statement Instructions,
Fraternal," and the "2011 Quarterly Statement Instructions, Fraternal," as
applicable. The electronic data filings with the NAIC shall be in accordance
with the NAIC data specifications and instructions and shall include PDF format
filing. The filings for insurers described in this subsection are as follows:
(1) domestic insurer reports and forms in
paper copy to be filed only with the department, as follows:
(A) 2010 Fraternal Annual Statement,
including the printed investment schedule detail, due on or before March 1,
2011, in accordance with the Insurance Code §
885.401;
(B) 2010 Fraternal Annual Statement of the
Separate Accounts (required of companies maintaining separate accounts), due on
or before March 1, 2011, in accordance with the Insurance Code §
885.401;
(C) 2011 Fraternal Quarterly Statements, due
on or before May 15, August 15, and November 15, 2011;
(D) all the paper copies of the annual and
quarterly supplements prepared and filed on dates specified in the forms and
instructions;
(E) Management's
Discussion and Analysis, due on or before April 1, 2011;
(F) Statement of Actuarial Opinion, due on or
before March 1, 2011, in accordance with the Insurance Code §
802.002 and §
885.401, and prepared
in accordance with paragraph (4) of this subsection;
(G) Supplemental Compensation Exhibit, due on
or before March 1, 2011, in accordance with the Insurance Code §
885.401;
(H) Texas Overhead Assessment Exemption Form
(Texas Edition), due on or before March 1, 2011, in accordance with the
Insurance Code §
885.401. This form is
to be filed only by domestic insurance companies that have qualified pension
contracts under the Insurance Code §
401.151; otherwise,
this form should not be filed; and
(I) Analysis of Surplus (Texas Edition) for
fraternal benefit societies, due on or before March 1, 2011, in accordance with
the Insurance Code §
885.401.
(2) Foreign fraternal insurers
filing only electronically with the NAIC and not filing a paper copy with the
department shall file a signed jurat page with the department in lieu of filing
the entire paper filing.
(3)
Electronic filings by domestic and foreign insurers to be filed with the NAIC:
(A) 2010 Fraternal Annual Statement
electronic filing and PDF filing, due on or before March 1, 2011, in accordance
with the Insurance Code Chapter 802, Subchapter B and §885.401;
(B) 2010 Fraternal Annual Statement of the
Separate Accounts electronic filing and PDF filing, due on or before March 1,
2011, in accordance with the Insurance Code Chapter 802, Subchapter B and
§885.401;
(C) 2011 Fraternal
Quarterly Statement electronic filings and PDF filings, due on or before May
15, August 15, and November 15, 2011;
(D) all annual and quarterly supplemental
electronic filings together with the related PDF filings (except for the
Supplemental Compensation Exhibit) due on the dates specified in the forms;
and
(E) Statement of Actuarial
Opinion, due on or before March 1, 2011, in accordance with the Insurance Code
§
802.002, Chapter 802,
Subchapter B and §885.401, and prepared in accordance with paragraph (4)
of this subsection.
(4)
Statement of Actuarial Opinion required by paragraphs (1)(F) and (3)(E) of this
subsection shall be prepared in accordance with the following:
(A) The Statement of Actuarial Opinion,
attached to the 2010 Fraternal Annual Statement, must follow the applicable
provisions of §§
3.1601-
3.1608 of this title, except for
companies exempted from the asset adequacy analysis pursuant to §
3.1608 of this title. For those
companies exempted from the asset adequacy analysis pursuant to §
3.1608 of this title, the format
provided by instructions 1 - 12 of the "2010 Annual Statement Instructions,
Fraternal," must be followed.
(B)
Any company required by §
3.4505(b)(3)(G)
of this title to opine on the application of X factors, shall attach this
opinion to the 2010 Fraternal Annual Statement, as applicable.
(5) The commissioner reserves the
right to request paper copies of any paper or electronic filings made by
foreign companies in their state of domicile or the NAIC.
(6) A foreign insurer that is classified as a
commercially domiciled insurer under the Insurance Code §
823.004 shall file an
Analysis of Surplus (Texas Edition) for fraternal benefit societies with the
department on or before March 1, 2011, in accordance with the Insurance Code
§
885.401.
(g) Requirements for Title
Insurers. Each title insurance company shall complete and file the following
blanks and forms for the 2010 calendar year, and the first three quarters of
the 2011 calendar year. The reports and forms identified in this subsection
shall be completed in accordance with the "2010 Annual Statement Instructions,
Title," and the "2011 Quarterly Statement Instructions, Title," as applicable.
The electronic version of the filings with the NAIC identified in this
subsection shall be in accordance with the NAIC data specifications and
instructions and shall include PDF format filing. The filings for insurers
described in this subsection are as follows:
(1) domestic insurer reports and forms in
paper copy to be filed only with the department as follows:
(A) 2010 Title Annual Statement, including
printed investment schedule details, due on or before March 1, 2011, in
accordance with the Insurance Code §
2551.152;
(B) 2011 Title Quarterly Statements, due on
or before May 15, August 15, and November 15, 2011;
(C) All the paper copies of the annual and
quarterly supplements prepared and filed on dates described in the forms and
instructions;
(D) Management's
Discussion and Analysis, due on or before April 1, 2011;
(E) Statement of Actuarial Opinion, due on or
before March 1, 2011, in accordance with the Insurance Code §
802.002 and §
2551.152;
(F) Supplemental Compensation Exhibit, due on
or before March 1, 2011, in accordance with the Insurance Code §
2551.152;
(G) Schedule SIS, due on or before March 1,
2011, in accordance with the Insurance Code §
2551.152;
(H) Texas Overhead Assessment Exemption Form
(Texas Edition), due on or before March 1, 2011, in accordance with the
Insurance Code §
2551.152. This form is
to be filed only by domestic insurance companies that have qualified pension
contracts under the Insurance Code §
401.151; otherwise,
this form should not be filed; and
(I) Analysis of Surplus (Texas Edition) for
title companies, due on or before March 1, 2011, in accordance with the
Insurance Code §
2551.152.
(2) Foreign companies filing
electronically with the NAIC and not filing a paper copy with the department
shall file a signed jurat page with the department in lieu of filing the entire
paper filing.
(3) Electronic
filings with the NAIC by domestic and foreign insurers:
(A) 2010 Title Annual Statement electronic
filings and PDF filings, due on or before March 1, 2011, in accordance with the
Insurance Code Chapter 802, Subchapter B and §2551.152;
(B) 2011 Title Quarterly Statement electronic
filings and PDF filings, due on or before May 15, August 15, and November 15,
2011;
(C) All annual and quarterly
supplemental electronic filings together with the related PDF filings (except
for Schedule SIS and Supplemental Compensation Exhibit which are only filed by
domestic insurers with the department in paper copy) due on the dates specified
in the forms and instructions;
(D)
Management Discussion and Analysis, due on or before April 1, 2011;
and
(E) Statement of Actuarial
Opinion, due on or before March 1, 2011, in accordance with the Insurance Code
§
802.002, Chapter 802,
Subchapter B and §2551.152.
(4) The commissioner reserves the right to
request paper copies of any paper or electronic filings made by foreign
companies in their state of domicile or the NAIC.
(5) A foreign insurer that is classified as a
commercially domiciled insurer under the Insurance Code §
823.004 shall file an
Analysis of Surplus (Texas Edition) for title insurers on or before March 1,
2011, or within 20 days after the effective date of this section.
(h) Requirements for Health
Maintenance Organizations. Each health maintenance organization licensed
pursuant to the Insurance Code Chapter 843 shall complete the 2010 Health
Annual Statement, and the 2011 Quarterly Statements. Insurers that are subject
to life insurance statutes and are permitted or allowed to do the business of
health maintenance organizations shall file the Texas HMO supplement forms as
part of their annual and quarterly statement filings. The forms and reports
required in this subsection shall be completed in accordance with the "2010
Annual Statement Instructions, Health," and the "2011 Quarterly Statement
Instructions, Health," as applicable. The Texas supplemental forms required in
this subsection and provided by the department shall be completed in accordance
with the instructions on the forms. The electronic data filings with the NAIC
shall be in accordance with NAIC data specifications and instructions and shall
include PDF format filing. The Texas specific electronic filings regarding HMO
data requested by the department shall be filed in accordance with the
instructions provided by the department. The filings for insurers described in
this subsection are as follows:
(1) domestic
and foreign insurer reports and forms in paper copy to be filed only with the
department:
(A) 2010 Health Annual Statement,
including printed investment schedule detail, due on or before March 1, 2011,
in accordance with the Insurance Code §
843.155;
(B) 2011 Health Quarterly Statements, due on
or before May 15, August 15, and November 15, 2011. With each quarterly filing,
include an up-to-date and completed Schedule E, Part 3 - Special Deposits,
utilizing the format from the 2010 Health Annual Statement;
(C) Management's Discussion and Analysis, due
on or before April 1, 2011; and
(D)
Statement of Actuarial Opinion, due on or before March 1, 2011, in accordance
with the Insurance Code §
802.002 and §
843.155, prepared in
accordance with the "2010 Annual Statement Instructions, Health."
(2) domestic insurer reports and
forms to be filed with the department:
(A)
Supplemental Compensation Exhibit in paper copy only, due on or before March 1,
2011, in accordance with the Insurance Code §
843.155;
(B) Texas Overhead Assessment Exemption Form
(Texas Edition) in paper copy only, due on or before March 1, 2011, in
accordance with the Insurance Code §
843.155. This form is
to be filed only by domestic insurance companies that have qualified pension
contracts under the Insurance Code §
401.151; otherwise,
this form should not be filed;
(C)
Texas HMO Supplement Annual (Texas Edition), in paper copy and electronic
filing, containing annual data for calendar year 2010, to be completed
according to the instructions provided by the department, due on or before
March 1, 2011, in accordance with the Insurance Code §
843.155; and
(D) Texas HMO Supplement Quarterly (Texas
Edition), in paper copy and electronic filings, containing quarterly statement
data for calendar year 2011, to be completed according to the instructions
provided by the department, due on or before May 15, August 15, and November
15, 2011.
(3) electronic
filings with the NAIC by domestic and foreign insurers:
(A) 2010 Health Annual Statement electronic
filing, and PDF filing, due on or before March 1, 2011, in accordance with the
Insurance Code Chapter 802, Subchapter B and §843.155;
(B) 2011 Health Quarterly Statement
electronic filing and PDF filing, due on or before May 15, August 15, and
November 15, 2011;
(C) all annual
and quarterly supplemental electronic filings together with the related PDF
filings (except for Schedule SIS and Supplemental Compensation Exhibit which
are only filed by domestic insurers with the department in paper copy) due on
the dates specified in the forms and instructions;
(D) Statement of Actuarial Opinion, due on or
before March 1, 2011, in accordance with the Insurance Code § 802.022,
Chapter 802, Subchapter B, and §843.155, and prepared in accordance with
the "2010 Annual Statement Instructions, Health;" and
(E) Management Discussion and Analysis, due
on or before April 1, 2011.
(i) Requirements for Farm Mutual Insurers not
Subject to the Provisions of Subsection (e) of this Section. Farm mutual
insurance companies not subject to subsection (e) of this section shall file
the following blanks and forms for the 2010 calendar year with the department
only, on or before March 1, 2011, in accordance with the Insurance Code
Chapters 802 and 911:
(1) Annual Statement
(Texas Edition);
(2) Texas Overhead
Assessment Exemption Form (Texas Edition). This form is to be filed only by
domestic insurance companies that have qualified pension contracts under the
Insurance Code §
401.151; otherwise,
this form should not be filed; and
(3) Statement of Actuarial Opinion, unless
exempted under §
7.31 of this subchapter (relating
to Annual Statement Instructions for Farm Mutual Insurance
Companies).
(j)
Requirements for Statewide Mutual Assessment Associations, Local Mutual Aid
Associations, Mutual Burial Associations, and Exempt Associations. Each
statewide mutual assessment association, local mutual aid association, mutual
burial association, and exempt association shall complete and file the
following blanks and forms for the 2010 calendar year with the department only,
on or before April 1, 2011, in accordance with the Insurance Code §
887.060:
(1) Annual Statement (Texas Edition) (exempt
companies are required to complete all pages except lines 22, 23, 24, 25, and
26 on page 3, the special instructions at the bottom of page 3, and pages 4 -
7);
(2) Texas Overhead Assessment
Exemption Form (Texas Edition). This form is to be filed only by domestic
insurance companies that have qualified pension contracts under the Insurance
Code §
401.151; otherwise,
this form should not be filed;
(3)
Release of Contributions Form (Texas Edition);
(4) 3-1/2 Percent Chamberlain Reserve Table
(Reserve Valuation) (Texas Edition);
(5) Reserve Summary (1956 Chamberlain Table
3-1/2 Percent) (Texas Edition);
(6)
Inventory of Insurance in Force by Age of Issue or Reserving Year (Texas
Edition); and
(7) Summary of
Inventory of Insurance in Force by Age and Calculation of Net Premiums (Texas
Edition).
(k)
Requirements for Nonprofit Legal Service Corporations. Each nonprofit legal
service corporation doing business as authorized by a certificate of authority
issued under the Insurance Code Chapter 961 shall complete and file the
following blanks and forms for the 2010 calendar year with the department only.
An actuarial opinion is not required. The following forms are to be filed on or
before March 1, 2011, in accordance with the Insurance Code §
961.202:
(1) Annual Statement (Texas Edition);
and
(2) Texas Overhead Assessment
Exemption Form (Texas Edition). This form is to be filed only by domestic
insurance companies that have qualified pension contracts under the Insurance
Code §
401.151; otherwise,
this form should not be filed.
(l) Requirements for Mexican Casualty
Insurance Companies. Each Mexican casualty insurance company doing business as
authorized by a certificate of authority issued under the Insurance Code
Chapter 984, shall complete and file the following blanks and forms for the
2010 calendar year with the department only. All submissions shall be printed
or typed in English and all monetary values shall be clearly designated in
United States dollars. The form identified in paragraph (1) of this subsection
shall be completed to the extent specified in paragraph (1) of this subsection
and in accordance with the "2010 Annual Statement Instructions, Property and
Casualty." An actuarial opinion is not required. It is the express intent of
this subsection that it shall not repeal or otherwise modify or amend any
department rule or the Insurance Code. The following blanks or forms are to be
filed on or before March 1, 2011, in accordance with the Insurance Code §
984.153:
(1) 2010 Property and Casualty Annual
Statement; provided, however, only pages 1 - 4, and 104 (Schedule T) are
required to be completed;
(2) a
copy of the balance sheet and the statement of profit and loss from the Mexican
financial statement (printed or typed in English);
(3) a copy of the official documents issued
by the Comision Nacional de Seguros y Fianzas approving the 2010 annual
statement; and
(4) a copy of the
current license to operate in the Republic of Mexico.
(m) Other Financial Reports. Nothing in this
section prohibits the department from requiring any insurer or other regulated
entity from filing other financial reports with the department.
(n) In any event, insurers and other
regulated entities subject to this section shall file their 2010 annual
financial statements and related annual hard copy and electronic filings with
the department and the NAIC, as applicable, not later than five days after the
effective date of this section.
