| (a) Approved quarterly filing form. TDI adopts by reference
PEO Quarterly Report, Form No. FIN409 (rev. 1115). The form is available
on TDI's website. An approved PEO must submit its quarterly filings
as described in subsection (c) of this section on PEO Quarterly Report,
Form No. FIN409, using generally accepted accounting principles of
the United States as modified by this subchapter.
(b) Approved annual filing form. TDI adopts by reference
PEO Annual Report, Form No. FIN410 (rev. 1115). The form is available
on TDI's website. An approved PEO must submit its annual filings as
described in subsection (d)(1) of this section on PEO Annual Report,
Form No. FIN410, using generally accepted accounting principles of
the United States as modified by this subchapter.
(c) Quarterly filings. An approved PEO must file electronically
with the commissioner within 45 days of the end of each calendar quarter
an unaudited quarterly financial statement of the plan and trust,
certified by an appropriate officer or agent of:
(1) the trustees; or
(2) the approved PEO.
(d) Annual filings. An approved PEO must file electronically
with the commissioner by March 1 of each year:
(1) an unaudited financial statement of the plan and
trust reflecting the financial transactions and results of the four
previous quarters, certified by an appropriate officer or agent of:
(A) the trustees; or
(B) the approved PEO; and
(2) an annual actuarial opinion prepared and certified
by an actuary who is not an employee of the approved PEO, and who
is a fellow of the Society of Actuaries, a member of the American
Academy of Actuaries, or an enrolled actuary approved by the Joint
Board for the Enrollment of Actuaries to perform actuarial services
required under ERISA, 29 U.S.C. §§1001-1191c. The annual
actuarial opinion must include:
(A) a description of the actuarial soundness of the
plan and trust, including any recommended actions that the approved
PEO should take to improve the plan and trust's actuarial soundness;
(B) a calculation of reserves as required by §13.560
of this title (relating to Annual and Quarterly Reserves); and
(C) a recommended minimum level of specific and aggregate
stop-loss insurance the plan and trust should maintain.
(3) Audited financial statements for the plan and trust
must be filed annually by June 1 of each year and meet the requirements
of Insurance Code Chapter 401, Subchapter A, concerning Independent
Audit of Financial Statements, and §7.88 of this title (relating
to Independent Audits of Insurer and HMO Financial Statements and
Insurer and HMO Internal Control Over Financial Reporting) using generally
accepted accounting principles of the United States as modified by
this subchapter.
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