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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 7CORPORATE AND FINANCIAL REGULATION
SUBCHAPTER AEXAMINATION AND FINANCIAL ANALYSIS
RULE §7.67Requirements for Filing the 2010 Annual Statements, the 2011 Quarterly Statements, Other Reporting Forms, and Electronic Data Filings with the Texas Department of Insurance and the NAIC

    (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;

Cont'd...

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