836-009-0011 Assessments Against Insurers (1) The percentage rates for assessments authorized under ORS 731.804 against authorized insurers shall be established as provided in this rule. An authorized insurer shall pay an assessment on each line of insurance transacted by the insurer in this state that is subject to assessment under 731.804. This rule provides for establishment of a percentage rate for each of the following lines of insurance: (a) Life insurance; (b) Health insurance; (c) Property and casualty insurance. For purposes of this rule, this line includes title insurance but does not include workers' compensation insurance. (2) For each line of insurance in section (1) of this rule, the percentage rate for the assessment against each authorized insurer transacting the line of insurance shall be the rate established by dividing the amount of revenue needed to cover expenses to be incurred by the Department in administering the Insurance Code for a fiscal year with respect to the line of insurance by the gross amount of premiums received by all insurers or their agents from and under their policies covering direct domestic risks for that line of insurance, after deductions specified in ORS 731.804. The following is the formula for calculating the assessment rate for each line: Total Amount to be derived from Assessment with respect to the line = Assessment Total assessable premium from the line, rate (0.xxxx%) for all insurers (3) For a specific insurer: (a) The assessment billed with respect to a line of insurance shall be determined by finding 0.xxxx% of the insurer's assessable premium for the line for the appropriate calendar year; (b) The finance charge of charges imposed by the insurer shall be assessed at the lowest assessment rate established pursuant to this rule. (4) The Director shall determine the amount of revenue needed by considering the legislatively approved expenditures for administration of the Insurance Code and the timing of cash revenues and expenditures, and subtracting there from other available revenue sources. (5) The amount of premiums for all lines of insurance to be assessed against an insurer under sections (1) to (3) of this rule shall not exceed nine hundredths of one percent of the gross amount of premiums received by an insurer or its agents from and under its policies covering direct domestic risks, after deductions specified under ORS 731.804. (6) Assessments under this rule shall be imposed and collected annually unless the Director determines that additional amounts need to be assessed and collected in order to support the legislatively authorized budget of the Department with respect to its functions under the Insurance Code or in order to support changes in the budget authorized by the Emergency Board. The additional amounts shall be assessed as provided in sections (1) to (3) of this rule, except that the numerator shall be the additional amounts so needed. (7) The Director shall assess an insurer only if the insurer is authorized to transact insurance at the time of billing. (8) Billings of annual assessments shall be issued not later than October 1 of each year. (9) An insurer must pay each assessment imposed under this rule not later than the 30th day after the date of the billing of the assessment by the Department. An insurer shall pay interest at nine percent per annum on any assessment that is not paid when due. (10) When the Director determines that an assessment or a part thereof paid by an insurer is in excess of the amount legally due and payable to the Department, if the amount of the refund owed by the Department is less than $50, the Department shall pay the refund only upon receipt of a written request from the insurer that paid the assessment. The written request must be received by the Department not later than three years from the date the assessment was paid to the Department. (11) The Director shall not bill an assessment or an adjustment to an assessment of $25 or less. Statutory/Other Authority: ORS 293, 731.244 & 731.804 Statutes/Other Implemented: ORS 731.804(1) History: ID 6-2007, f. & cert. ef. 9-14-07 ID 6-2006, f. & cert. ef. 4-14-06 ID 8-1991, f. & cert. ef. 10-21-91 ID 8-1989, f. & cert. ef. 8-11-89