K.S.A. § 40-223 — KS Code / Chapter 40 / Article 2 / Section 40-223
40-223 - Fees for examinations; compensation and expenses for examiners.
Status: in_force

40-223. Fees for examinations; compensation and expenses for examiners. (a) (1) Except as provided in K.S.A. 40-110 and 40-253, and amendments thereto, any person who makes any examination under the provisions of this act may receive, as full compensation for such person's services, on a per diem basis, an average and reasonable amount fixed by the commissioner that shall not exceed the amount recommended by the national association of insurance commissioners, for such time necessarily and actually occupied in going to and returning from the place of such examination and for such time the examiner is necessarily and actually engaged in making such examination including any day within the regular workweek when the examiner would have been so engaged had the company or society been open for business, together with such reasonably necessary and actual expenses for traveling and subsistence as the examiner shall incur because of the performance of such services.

(2) For the purposes of this act, "necessary and actual expenses" shall be limited, whether for travel within the state or travel outside the state, to those limitations expressed in K.S.A. 75-3207, and amendments thereto, that pertain to official travel outside the state. The daily charge shall be calculated by dividing the amount the examiner is authorized by the commissioner of insurance to charge per week by the number of days in the regular workweek of the company or society being examined.

(b) (1) All of such compensation, expenses, the employer's share of the federal insurance contributions act taxes, the employer's contribution to the Kansas public employees retirement system as provided in K.S.A. 74-4920, and amendments thereto, the self-insurance assessment for the workers compensation act as provided in K.S.A. 44-576, and amendments thereto, the employer's cost of the state health care benefits program under K.S.A. 75-6507, and amendments thereto, a pro rata amount determined by the commissioner to provide vacation and sick leave for the examiner, all average and reasonable outside consulting and data processing fees necessary to perform any examination, and an average and reasonable pro rata amount determined by the commissioner to fund the purchase, maintenance and enhancement of examination equipment and computer software shall be paid to the commissioner of insurance by the insurance company or society so examined, on demand of the commissioner.

(2) The amount paid for all costs pursuant to paragraph (1), outside consulting and data processing fees necessary to perform any financial examination at any one company or society, including examination of such company's or society's subsidiaries or any combination thereof, and the pro rata amount to fund the purchase of examination equipment and computer software shall not collectively total more than:

(A) $50,000 for any insurance company or society that has less than $5,000,000 in gross premiums, both direct and assumed, in the preceding calendar year; or

(B) $75,000 for any insurance company or society that has at least $5,000,000 but less than $25,000,000 in gross premiums, both direct and assumed, in the preceding calendar year;

(C) $100,000 for any insurance company or society that has at least $25,000,000 but less than $50,000,000 in gross premiums, both direct and assumed, in the preceding calendar year;

(D) $125,000 for any insurance company or society that has at least $50,000,000 but less than $100,000,000 in gross premiums, both direct and assumed, in the preceding calendar year;

(E) $175,000 for any insurance company or society that has at least $100,000,000 but less than $250,000,000 in gross premiums, both direct and assumed, in the preceding calendar year;

(F) $250,000 for any insurance company or society that has at least $250,000,000 but less than $500,000,000 in gross premiums, both direct and assumed, in the preceding calendar year; or

(G) the actual total costs paid in connection with the examination for any insurance company or society that has at least $500,000,000 in gross premiums, both direct and assumed, in the preceding calendar year.

(3) The amount paid to perform any market regulation examination at any one company or society, including examination of such company's or society's subsidiaries, or any combination thereof, and the pro rata amount to fund the purchase of examination equipment and computer software shall be reasonable and not collectively total more than $25,000.

(c) Such demand shall be accompanied by the sworn statement of the person making such examination, setting forth in separate items the number of days necessarily and actually occupied in going to and returning from the place of such examination, the number of days the examiners were necessarily and actually engaged in making such examination including those days within the regular workweek while the examination was in progress and the company or society had closed for business, and the necessary and actual expenses for traveling and subsistence, incurred in and on account of such services.

(d) A duplicate of every such sworn statement shall be kept on file in the office of the commissioner of insurance. All moneys so paid to the commissioner of insurance shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the insurance company examination fund. The state treasurer shall issue duplicate receipts, one to be delivered to the commissioner of insurance and the other to be filed with the director of accounts and reports.

(e) As used in this section, "average and reasonable" relates to the amounts or fees that are comparable to fees assessed by other persons who have rendered similar services in the area where the examination occurred.