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 2007
quarterly statements, 2007 annual statement, 2008 quarterly statement blanks,
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 2007 quarterly statement blanks, the 2007
annual statement blanks, the 2008 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 and Examination 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 hard 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 subsections 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 2007 Health Quarterly Statement for the three quarters of
2007, the 2007 Health Annual Statement for year-end 2007, and on the 2008
Health Quarterly Statement for the three quarters of 2008, if the insurer
passes the Health Statement Test as outlined in the "2007 Annual Statement,
Health Instructions." If a reporting entity qualifies under this subsection to
use the 2007 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
2007 Life, Accident and Health Annual Statement, the 2007 Life, Accident and
Health Quarterly Statements, and the 2008 Life, Accident and Health Quarterly
Statements, and the supplemental forms and reports identified in these
subsections shall complete filings in accordance with the "2007 Annual
Statement Instructions, Life, Accident and Health," the "2007 Quarterly
Statement Instructions, Life, Accident and Health," and the "2008 Quarterly
Statement Instructions, Life, Accident and Health," as applicable. Life
insurers meeting the test set forth in this subsection to file the 2007 Health
Annual Statement and the supplemental forms and reports identified in these
subsections shall complete filings in accordance with the "2007 Annual
Statement Instructions, Health," the "2007 Quarterly Statement Instructions,
Health," and the "2008 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 with the department and the NAIC: 2007 Life, Accident
and Health Quarterly Statements, due on or before May 15, August 15, and
November 15, 2007. 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:
(A) it is authorized to write only life
insurance on its certificate of authority;
(B) it collected premiums in the prior
calendar year of less than $1 million; and
(C) it had a profit from operations in the
prior two calendar years.
(2) Domestic insurer reports and forms in
paper copy to be filed only with the department as follows:
(A) 2007 Life, Accident and Health Annual
Statement, including the printed investment schedule detail, due on or before
March 1, 2008 (stipulated premium companies, April 1, 2008);
(B) 2007 Life, Accident and Health Annual
Statement of the Separate Accounts for the 2007 calendar year (required of
companies maintaining separate accounts), due on or before March 1,
2008;
(C) 2008 Life, Accident and
Health Quarterly Statements, due on or before May 15, August 15, and November
15, 2008. 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) 2007 Health Annual Statement, including
the printed investment schedule detail, due on or before March 1, 2008, if the
company qualifies as described in this subsection;
(E) 2007 Health Quarterly Statements, due on
or before May 15, August 15, and November 15, 2007, if the company qualifies as
described in this subsection;
(F)
2008 Health Quarterly Statements, due on or before May 15, August 15, and
November 15, 2008, if the company qualifies as described in this
subsection;
(G) All the paper
copies of the annual and quarterly supplements prepared and filed on dates
specified in the forms and instructions;
(H) Management's Discussion and Analysis, due
on or before April 1, 2008;
(I)
Statement of Actuarial Opinion, due on or before March 1, 2008 (stipulated
premium companies, April 1, 2008). The actuarial opinion shall be prepared in
accordance with paragraph (5) of this subsection;
(J) Schedule SIS, due on or before March 1,
2008. This filing is also required if filing a Health Annual Statement, as
applicable;
(K) Supplemental
Compensation Exhibit, due on or before March 1, 2008 (stipulated premium
companies, April 1, 2008). This filing is also required if filing a Health
Annual Statement, as applicable;
(L) The Texas Health Insurance Risk Pool
shall file the 2007, Health Annual Statement, the 2007 Quarterly Statements,
and the 2008 Quarterly Statements as follows:
(i) 2007 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, 2008;
(ii) 2007 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,
2007;
(iii) 2008 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, 2008; and
(iv) The
Texas Health Insurance Risk Pool is not required to file any reports,
diskettes, or electronic data filings with the NAIC.
(M) Texas Overhead Assessment Exemption Form
(Texas Edition), due on or before March 1, 2008. (stipulated premium companies,
April 1, 2008). This form is to be filed only by domestic insurance companies
that have qualified pension contracts under the Insurance Code § 451.151;
otherwise, this form should not be filed; and
(N) Analysis of Surplus (Texas Edition) for
life, accident and health insurers, due on or before March 1, 2008 (stipulated
premium companies, April 1, 2008).
(3) 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.
(4) Electronic
filings with the NAIC by domestic and foreign insurers:
(A) 2007 Life, Accident and Health Annual
Statement electronic filing and PDF filing, due on or before March 1, 2008
(stipulated premium companies, April 1, 2008);
(B) 2007 Life, Accident and Health Annual
Statement of the Separate Accounts electronic filing and PDF filing, due on or
before March 1, 2008;
(C) 2007
Life, Accident and Health Quarterly Statement electronic filings and PDF
filings, due on or before May 15, August 15, and November 15, 2007. 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) 2008 Life, Accident and Health Quarterly
Statement electronic filings and PDF filings, due on or before May 15, August
15, and November 15, 2008. 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.
(E) 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.
(5)
Statement of Actuarial Opinion required by paragraph (2)(I) of this subsection
shall be prepared in accordance with the following:
(A) Unless exempted, the Statement of
Actuarial Opinion, attached to either the 2007 Life, Accident and Health Annual
Statement or the 2007 Health Annual Statement, should follow the applicable
provisions of §§
3.1601-
3.1608 of this title (relating to
Actuarial Opinion and Memorandum Regulation).
(B) For those companies exempted from
§§
3.1601-
3.1608 of this title, instructions
1 - 12, established by the NAIC, must be followed.
(C) Any company required by §
3.4505(b)(3)(I)
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 2007 Life, Accident and Health Annual
Statement or the 2007 Health Annual Statement, as applicable.
(6) 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.
(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 life, accident and health insurers with
the department, on or before March 1, 2008.
(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 2006 calendar year or
had gross written premiums in 2007 in excess of $6 million, any Mexican
casualty insurance company licensed under the Insurance Code Chapter 984,
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 "2007
Annual Statement Instructions, Property and Casualty," the "2007 Quarterly
Statement Instructions, Property and Casualty," and the "2008 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 with the department and the NAIC: 2007 Property and
Casualty Quarterly Statements, due on or before May 15, August 15, and November
15, 2007.
(2) Domestic insurer
reports and forms in paper copy to be filed only with the department as
follows:
(A) 2007 Property and Casualty
Annual Statement, due on or before March 1, 2008, including the printed
investment schedule detail;
(B)
2008 Property and Casualty Quarterly Statements, due on or before May 15,
August 15, and November 15, 2008;
(C) 2007 Combined Property/Casualty Annual
Statement, due on or before May 1, 2008. This statement is required only for
those affiliated insurers that wrote more than $35 million in direct premiums
as a group in calendar year 2007, 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) The actuarial opinion submitted shall be
prepared in accordance with the "2007 Annual Statement Instructions, Property
and Casualty;"
(F) Schedule SIS,
due on or before March 1, 2008;
(G)
Supplemental Compensation Exhibit, due on or before March 1, 2008;
(H) Texas Overhead Assessment Exemption Form
(Texas Edition), due on or before March 1, 2008. 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, 2008;
(J) Texas Supplemental "A" for County Mutuals
(Texas Edition) (required of Texas county mutual insurance companies only), due
on or before March 1, 2008;
(K)
Analysis of Surplus (Texas Edition) for property and casualty insurers except
Texas county mutual insurance companies, due on or before March 1,
2008;
(L) Actuarial Opinion Summary
prepared in accordance with §
7.9 of this title (relating to
Examination of Actuarial Opinion for Property and Casualty Insurers);
(M) The Texas Windstorm Insurance Association
shall complete and file the following:
(i)
2007 Property and Casualty Annual Statement, due on or before March 1,
2008;
(ii) 2007 Property and
Casualty Quarterly Statements, due on or before May 15, August 15, and November
15, 2007;
(iii) 2008 Property and
Casualty Quarterly Statements, due on or before May 15, August 15, and November
15, 2008; and
(iv) Management's
Discussion and Analysis, due on or before April 1, 2008.
(v) The Texas Windstorm Insurance Association
is not required to file any reports with the NAIC.
(N) The Texas FAIR Plan Association shall
complete and file the following:
(i) 2007
Property and Casualty Annual Statement, due on or before March 1,
2008;
(ii) 2007 Property and
Casualty Quarterly Statements, due on or before May 15, August 15, and November
15, 2007;
(iii) 2008 Property and
Casualty Quarterly Statements, due on or before May 15, August 15, and November
15, 2008;
(iv) Statement of
Actuarial Opinion, due on or before March 1, 2008;
(v) Actuarial Opinion Summary prepared in
accordance with §
7.9 of this title; and
(vi) Management's Discussion and Analysis,
due on or before April 1, 2008.
(vii) The Texas FAIR Plan Association is not
required to file any reports with the NAIC.
(3) 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.
(4)
Electronic filings by domestic and foreign insurers to be filed with the NAIC:
(A) 2007 Property and Casualty Annual
Statement electronic filing and PDF filing, due on or before March 1,
2008;
(B) 2007 Property and
Casualty Quarterly Statement electronic filings and PDF filings, due on or
before May 15, August 15, and November 15, 2007;
(C) 2008 Property and Casualty Quarterly
Statement electronic filings and PDF filings, due on or before May 15, August
15, and November 15, 2008;
(D) 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;
(E)
Electronic combined insurance exhibit, due on or before May 1, 2008;
and
(F) Combined annual statement
electronic filing and PDF filing, due on or before May 1, 2008.
(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, 2008.
(f) Requirements for fraternal benefit
societies. Each fraternal benefit society shall complete and file the following
blanks, forms, and electronic data filings for the three quarters for the 2007
calendar year, the 2007 calendar year, and the three quarters for the 2008
calendar year. The forms and reports identified in this subsection shall be
completed in accordance with the "2007 Annual Statement Instructions,
Fraternal," the "2007 Quarterly Statement Instructions, Fraternal," and the
"2008 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 with the department and the NAIC: 2007 Fraternal
Quarterly Statements, due on or before May 15, August 15, and November 15,
2007.
(2) Domestic insurer reports
and forms in paper copy to be filed only with the department, as follows:
(A) 2007 Fraternal Annual Statement,
including the printed investment schedule detail, due on or before March 1,
2008;
(B) 2007 Fraternal Annual
Statement of the Separate Accounts (required of companies maintaining separate
accounts), due on or before March 1, 2008;
(C) 2008 Fraternal Quarterly Statements, due
on or before May 15, August 15, and November 15, 2008;
(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, 2008;
(F) Statement of Actuarial Opinion, due on or
before March 1, 2008.
(G)
Supplemental Compensation Exhibit, due on or before March 1, 2008;
(H) Texas Overhead Assessment Exemption Form
(Texas Edition), due on or before March 1, 2008. 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, 2008.
(3) 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.
(4)
Electronic filings by domestic and foreign insurers to be filed with the NAIC:
(A) 2007 Fraternal Annual Statement
electronic filing and PDF filing, due on or before March 1, 2008;
(B) 2007 Fraternal Annual Statement of the
Separate Accounts electronic filing and PDF filing, due on or before March 1,
2008;
(C) 2007 Fraternal Quarterly
Statement electronic filings and PDF filings, due on or before May 15, August
15, and November 15, 2007;
(D) 2008
Fraternal Quarterly Statement electronic filings and PDF filings, due on or
before May 15, August 15, and November 15, 2008; and
(E) 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.
(5) Statement of
Actuarial Opinion required by paragraph (2)(F) of this subsection shall be
prepared in accordance with the following:
(A)
Unless exempted, the Statement of Actuarial Opinion, attached to the 2008
Fraternal Annual Statement, should follow the applicable provisions of
§§
3.1601-
3.1608 of this title.
(B) For those companies exempted from
§§
3.1601-
3.1608 of this title, instructions
1 - 12, established by the NAIC, must be followed.
(C) Any company required by §
3.4505(b)(3)(I)
of this title to opine on the application of X factors, shall attach this
opinion to the 2007 Fraternal Annual Statement, as applicable.
(6) 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.
(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 fraternal benefit societies with the
department on or before March 1, 2008.
(g) Requirements for title insurers. Each
title insurance company shall complete and file the following blanks and forms
for the three quarters of the 2007 calendar year, the 2007 calendar year, and
the three quarters of the 2008 calendar year. The reports and forms identified
in this subsection shall be completed in accordance with the "2007 Annual
Statement Instructions, Title," the "2007 Quarterly Statement Instructions,
Title," and the "2008 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 with the department and the NAIC: 2007 Title Quarterly
Statements, due on or before May 15, August 15, and November 15,
2007.
(2) Domestic insurer reports
and forms in paper copy to be filed only with the department as follows:
(A) 2007 Title Annual Statement, including
printed investment schedule details, due on or before March 1, 2008;
(B) 2008 Title Quarterly Statements, due on
or before May 15, August 15, and November 15, 2008;
(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, 2008;
(E) Statement of Actuarial Opinion, due on or
before March 1, 2008;
(F)
Supplemental Compensation Exhibit, due on or before March 1, 2008;
(G) Schedule SIS, due on or before March 1,
2008;
(H) Texas Overhead Assessment
Exemption Form (Texas Edition), due on or before March 1, 2008. 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, 2008.
(3) 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.
(4) Electronic filings with
the NAIC by domestic and foreign insurers:
(A) 2007 Title Annual Statement electronic
filings and PDF filings, due on or before March 1, 2008;
(B) 2007 Title Quarterly Statement electronic
filings and PDF filings, due on or before May 15, August 15, and November 15,
2007;
(C) 2008 Title Quarterly
Statement electronic filings and PDF filings, due on or before May 15, August
15, and November 15, 2008;
(D) 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;
(E) Management Discussion and Analysis, due
on or before April 1, 2008; and
(F)
Statement of Actuarial Opinion, due on or before March 1, 2008.
(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 title insurers on or before March 1,
2008.
(h) Requirements
for health maintenance organizations. Each health maintenance organization
licensed pursuant to the Insurance Code Chapter 843 shall complete the 2007
Quarterly Statements, the 2007 Health Annual Statement, and the 2008 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 "2007 Annual Statement Instructions, Health,"
and the "2007 Quarterly Statement Instructions, Health," and the "2008
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
Statement of Actuarial Opinion shall include the additional requirements of the
department set forth in paragraph (2)(D) of this subsection. 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 with the department and the NAIC: 2007 Health
Quarterly Statements, due on or before May 15, August 15, and November 15,
2007. With each quarterly filing, include an up-to-date and completed Schedule
E - Part 3 - Special Deposits, utilizing the format from the 2006 Health Annual
Statement.
(2) Domestic and foreign
insurer reports and forms in paper copy to be filed only with the department:
(A) 2007 Health Annual Statement, including
printed investment schedule detail, due on or before March 1, 2008;
(B) 2008 Health Quarterly Statements, due on
or before May 15, August 15, and November 15, 2008. With each quarterly filing,
include an up-to-date and completed Schedule E - Part 3 - Special Deposits,
utilizing the format from the 2007 Health Annual Statement;
(C) Management's Discussion and Analysis, due
on or before April 1, 2008; and
(D)
Statement of Actuarial Opinion, due on or before March 1, 2008. In addition to
the requirements set forth in the "2007 Annual Statement Instructions, Health,"
the department requires that the actuarial opinion include the following:
(i) The Statement of Actuarial Opinion must
include assurance that an actuarial report and underlying actuarial work papers
supporting the actuarial opinion will be maintained at the company and
available for examination for seven years. The foregoing must be available by
May 1 of the year following the year end for which the opinion was rendered or
within two weeks after a request from the commissioner. The suggested wording
used will depend on whether the actuary is employed by the company or is a
consulting actuary. The wording for an actuary employed by the company should
be similar to the following: "An actuarial report and any underlying actuarial
work papers supporting the findings expressed in this Statement of Actuarial
Opinion will be retained for a period of seven years in the administrative
offices of the company and available for regulatory examination." The wording
for a consulting actuary retained by the company should be similar to the
following: "An actuarial report and any underlying actuarial work papers
supporting the findings expressed in this Statement of Actuarial Opinion have
been provided to the company to be retained for a period of seven years in the
administrative offices of the company and available for regulatory
examination."
(ii) Under the scope
paragraph requirements of section 5 of the "2007 Annual Statement Instructions,
Health," relating to the Actuarial Certification, the department requires that
the actuarial opinion specifically list the premium deficiency reserve as an
item and disclose the amount of such reserve.
(3) 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,
2008;
(B) Texas Overhead Assessment
Exemption Form (Texas Edition) in paper copy only, due on or before March 1,
2008. 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 2007, to be completed
according to the instructions provided by the department, due on or before
March 1, 2008.
(D) Texas HMO
Supplement Quarterly (Texas Edition), in paper copy and electronic filings;
(i) containing quarterly statement data for
calendar-year 2007, to be completed according to the instructions provided by
the department, due on or before May 15, August 15, and November 15, 2007;
and
(ii) containing quarterly
statement data for calendar-year 2008, to be completed according to the
instructions provided by the department, due on or before May 15, August 15,
and November 15, 2008.
(4) Electronic filings with the NAIC by
domestic and foreign insurers:
(A) 2007
Health Annual Statement electronic filing, and PDF filing, due on or before
March 1, 2008;
(B) 2007 Health
Quarterly statement electronic filing and PDF filing, due on or before May 15,
August 15, and November 15, 2007;
(C) 2008 Health Quarterly Statement
electronic filing and PDF filing, due on or before May 15, August 15, and
November 15, 2008;
(D) 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;
(E) Statement of Actuarial Opinion, due on or
before March 1, 2008; and
(F)
Management Discussion and Analysis, due on or before April 1, 2008.
(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 2007 calendar year
with the department only, on or before March 1, 2008:
(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 title (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 2007
calendar year with the department only, on or before April 1, 2008:
(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 2007 calendar year with the department only.
An actuarial opinion is not required. The following forms are to be filed on or
before March 1, 2008:
(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
2007 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 "2007 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, 2008:
(1) 2007
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 Comisión Nacional de Seguros y
Fianzas approving the 2007 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.