300 
ANCE
ACCOUNT, OR
OTHER
PROPERTY/CAS-
UALTY INSURANCE ACCOUNT.— 
(i) INSUFFICIENT AMOUNT IN WORK-
ERS’ 
COMPENSATION
ACCOUNT.—If the 
maximum assessment in any year does not 
provide an amount sufficient to make all 
necessary payments from the workers’ 
compensation account, the Corporation 
may assess the automobile insurance ac-
count, other property/casualty insurance 
account, or both, for the necessary addi-
tional amount, except that, in each subse-
quent year, for as long as necessary, the 
Corporation shall assess up to the max-
imum on the workers compensation ac-
count, in order to— 
(I) make all necessary payments 
from the workers’ compensation ac-
count; and 
(II) reimburse the automobile in-
surance account, the other property/ 
casualty insurance account, or both, 
for the amounts assessed on behalf of 
the workers’ compensation account. 
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301 
(ii) INSUFFICIENT AMOUNT IN AUTO-
MOBILE
INSURANCE
ACCOUNT.—If the 
maximum assessment in any year does not 
provide an amount sufficient to make all 
necessary payments from the automobile 
insurance account, the Corporation may 
assess the workers’ compensation account, 
the other property/casualty insurance ac-
count, or both, for the necessary additional 
amount, except that, in each subsequent 
year, for so long as necessary, the Cor-
poration shall assess up to the maximum 
on the automobile insurance account, in 
order to— 
(I) make all necessary payments 
from the automobile insurance ac-
count; and 
(II) reimburse the workers’ com-
pensation account, the other property/ 
casualty insurance account, or both, 
for the amounts assessed on behalf of 
the automobile insurance account. 
(iii) INSUFFICIENT AMOUNT IN OTHER 
PROPERTY/CASUALTY
INSURANCE
AC-
COUNT.—If the maximum assessment in 
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302 
any year does not provide an amount suffi-
cient to make all necessary payments from 
the other property/casualty insurance ac-
count, the Corporation may assess the 
workers’ compensation account, the auto-
mobile insurance account, or both, for the 
necessary additional amount, except that, 
in each subsequent year for so long as nec-
essary, the Corporation shall assess up to 
the maximum on the other property/cas-
ualty insurance account, in order to— 
(I) make all necessary payments 
from the other property/casualty in-
surance account; and 
(II) reimburse the automobile in-
surance account, the workers’ com-
pensation account, or both, for the 
amounts assessed on behalf of the 
other property casualty insurance ac-
count. 
(d) ABATED OR DEFERRED ASSESSMENTS.— 
(1) AUTHORITY OF CORPORATION.—The board 
of directors of the Corporation may abate or defer, 
in whole or in part, an assessment imposed on a 
member insurer under this title if, in the opinion of 
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303 
the board, payment of the assessment would endan-
ger the ability of the member insurer to fulfill its 
contractual obligations. 
(2) SHARED BURDEN.—In the event an assess-
ment against a member insurer is abated or de-
ferred, in whole or in part, the amount by which the 
assessment is abated or deferred may be assessed 
against the other member insurers doing business in 
States without qualified associations, in a manner 
consistent with the basis for assessments set forth in 
this section. Once the conditions that caused action 
under this subsection have been removed or rectified, 
the member insurer shall pay all assessments that 
were deferred pursuant to a repayment plan ap-
proved by the board of directors of the Corporation. 
(e) REFUNDS.—The board of directors of the Cor-
poration may, by an equitable method, as established by 
its operating rules, refund to member insurers, in propor-
tion to the contribution of each insurer to that account, 
the amount by which the assets of the account exceed the 
amount that the board finds is necessary to carry out dur-
ing the coming year the obligations of this title with re-
gard to that account, including assets accruing from as-
signment, subrogation, net realized gains, and income 
from investments. A reasonable amount may be retained 
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304 
in any account to provide funds for the continuing ex-
penses of the Corporation, and for future claims. 
(f) ASSESSMENT PROTESTS.— 
(1) IN GENERAL.—A member insurer that wish-
es to protest all or part of an assessment under this 
title shall pay when due the full amount of the as-
sessment, as set forth in the notice provided by the 
Corporation. The payment shall be available to meet 
obligations under this title during the pendency of 
the protest or any subsequent appeal. Payment shall 
be accompanied by a statement in writing that the 
payment is made under protest and setting forth a 
brief statement of the grounds for the protest. 
(2) NOTIFICATION
OF
DETERMINATION.—Not 
later than 60 days after the date of payment of an 
assessment under protest by a member insurer, the 
Corporation shall notify the member insurer in writ-
ing of the determination of the Corporation with re-
spect to the protest, unless the Corporation notifies 
the insurer that additional time is required to re-
solve the issues raised by the protest. 
(3) FINAL DECISION.—Not later than 30 days 
after a final decision has been made, the Corpora-
tion shall notify the protesting member insurer in 
writing of the final decision. Not later than 60 days 
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