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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 7CORPORATE AND FINANCIAL REGULATION
SUBCHAPTER AEXAMINATION AND FINANCIAL ANALYSIS
RULE §7.69Requirements for Filing the 2006 Quarterly and 2006 Annual Statements, Other Reporting Forms, and Electronic Data Filings with the Texas Department of Insurance and the NAIC

    (C) Texas Overhead Assessment Form (Texas Edition), due on or before March 1, 2007. This form is to be filed only by domestic insurance companies that have qualified pension contracts under the Insurance Code Article 1.16(b) (revised as §401.151 effective April 1, 2007); otherwise, this form should not be filed; and

    (D) Analysis of Surplus (Texas Edition) for title companies, due on or before March 1, 2007.

  (3) Foreign companies filing electronically with the NAIC and not filing 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) Annual statement electronic filing and PDF filing, due on or before March 1, 2007;

    (B) Quarterly statements electronic filing and PDF filing, due on or before May 15, August 15, and November 15, 2006;

    (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, 2007; and

    (E) Statement of Actuarial Opinion, due on or before March 1, 2007.

  (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, 2007.

(h) Requirements for health maintenance organizations. Each health maintenance organization licensed pursuant to the Insurance Code Chapter 843 shall complete the 2006 Health Annual Statement and the 2006 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 form as part of their annual and quarterly statement filings. The forms and reports required in this subsection shall be completed in accordance with the "2006 Annual Statement Instructions, Health." 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 (1)(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:

    (A) 2006 Health Annual Statement, including printed investment schedule detail, due on or before March 1, 2007;

    (B) 2006 Health Quarterly Statements, due on or before May 15, August 15, and November 15, 2006. With each quarterly filing, include a completed copy of Schedule E-part 3-Special Deposits, from the 2006 Health Annual Statement;

    (C) Management's Discussion and Analysis, due on or before April 1, 2007; and

    (D) Statement of Actuarial Opinion, due on or before March 1, 2007. In addition to the requirements set forth in the "2006 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 "2006 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.

  (2) Domestic insurer paper copy and Texas specific filings and reports to be filed with the department:

    (A) Supplemental Compensation Exhibit, due on or before March 1, 2007;

    (B) Texas HMO Supplement (Texas Edition), due on or before May 15, August 15, and November 15, 2006, and March 1, 2007;

    (C) Electronic filings with the department containing annual statement data, to be completed according to the instructions provided by the department, due on or before March 1, 2007;

    (D) Electronic filings with the department containing quarterly statement data, to be completed according to the instructions provided by the department, due on or before May 15, August 15, and November 15, 2006; and

    (E) Texas Overhead Assessment Exemption Form (Texas Edition), due on or before March 1, 2007. This form is to be filed only by domestic insurance companies that have qualified pension contracts under the Insurance Code Article 1.16(b) (revised as §401.151 effective April 1, 2007); otherwise, this form should not be filed.

  (3) Electronic filings with the NAIC by domestic and foreign insurers.

    (A) Annual statement electronic filing, and PDF filing, due on or before March 1, 2007;

    (B) Quarterly statement electronic filing and PDF filing, due on or before May 15, August 15, and November 15, 2006;

    (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, 2007; and

    (E) Management Discussion and Analysis, due on or before April 1, 2007.

(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 2006 calendar year with the department only, on or before March 1, 2007:

  (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 Article 1.16(b) (revised as §401.151 effective April 1, 2007); otherwise, this form should not be filed; and

  (3) Electronic filings with the NAIC by domestic and foreign insurers; and

  (4) Statement of Actuarial Opinion, unless exempted under §7.31 (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 2006 calendar year with the department only, on or before April 1, 2007:

  (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 Article 1.16(b) (revised as §401.151 effective April 1, 2007); otherwise, this form should not be filed;

  (3) Release of Contributions Form (Texas Edition);

Cont'd...

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