215 ILCS 5/408
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XXV - Fees, Charges And Taxes

 (from Ch. 73, par. 1020)Sec. 408. Fees and charges.(1) The Director shall charge, collect and  give proper acquittances for the payment of the following fees and charges:(a) For filing all documents submitted for the     incorporation or organization or certification of a domestic company, except for a fraternal benefit society, $2,000.(b) For filing all documents submitted for the     incorporation or organization of a fraternal benefit society, $500.(c) For filing amendments to articles of     incorporation and amendments to declaration of organization, except for a fraternal benefit society, a mutual benefit association, a burial society or a farm mutual, $200.(d) For filing amendments to articles of     incorporation of a fraternal benefit society, a mutual benefit association or a burial society, $100.(e) For filing amendments to articles of     incorporation of a farm mutual, $50.(f) For filing bylaws or amendments thereto, $50.(g) For filing agreement of merger or consolidation:(i) for a domestic company, except for a         fraternal benefit society, a mutual benefit association, a burial society, or a farm mutual, $2,000.(ii) for a foreign or alien company, except for a         fraternal benefit society, $600.(iii) for a fraternal benefit society, a mutual         benefit association, a burial society, or a farm mutual, $200.(h) For filing agreements of reinsurance by a     domestic company, $200.(i) For filing all documents submitted by a foreign     or alien company to be admitted to transact business or accredited as a reinsurer in this State, except for a fraternal benefit society, $5,000.(j) For filing all documents submitted by a foreign     or alien fraternal benefit society to be admitted to transact business in this State, $500.(k) For filing declaration of withdrawal of a foreign     or alien company, $50.(l) For filing annual statement by a domestic     company, except a fraternal benefit society, a mutual benefit association, a burial society, or a farm mutual, $200.(m) For filing annual statement by a domestic     fraternal benefit society, $100.(n) For filing annual statement by a farm mutual, a     mutual benefit association, or a burial society, $50.(o) For issuing a certificate of authority or renewal     thereof except to a foreign fraternal benefit society, $400.(p) For issuing a certificate of authority or renewal     thereof to a foreign fraternal benefit society, $200.(q) For issuing an amended certificate of authority,     $50.(r) For each certified copy of certificate of     authority, $20.(s) For each certificate of deposit, or valuation, or     compliance or surety certificate, $20.(t) For copies of papers or records per page, $1.(u) For each certification to copies of papers or     records, $10.(v) For multiple copies of documents or certificates     listed in subparagraphs (r), (s), and (u) of paragraph (1) of this Section, $10 for the first copy of a certificate of any type and $5 for each additional copy of the same certificate requested at the same time, unless, pursuant to paragraph (2) of this Section, the Director finds these additional fees excessive.(w) For issuing a permit to sell shares or increase     paid-up capital:(i) in connection with a public stock offering,         $300;(ii) in any other case, $100.(x) For issuing any other certificate required or     permissible under the law, $50.(y) For filing a plan of exchange of the stock of a     domestic stock insurance company, a plan of demutualization of a domestic mutual company, or a plan of reorganization under Article XII, $2,000.(z) For filing a statement of acquisition of a     domestic company as defined in Section 131.4 of this Code, $2,000.(aa) For filing an agreement to purchase the business     of an organization authorized under the Dental Service Plan Act or the Voluntary Health Services Plans Act or of a health maintenance organization or a limited health service organization, $2,000.(bb) For filing a statement of acquisition of a     foreign or alien insurance company as defined in Section 131.12a of this Code, $1,000.(cc) For filing a registration statement as required     in Sections 131.13 and 131.14, the notification as required by Sections 131.16, 131.20a, or 141.4, or an agreement or transaction required by Sections 124.2(2), 141, 141a, or 141.1, $200.(dd) For filing an application for licensing of:(i) a religious or charitable risk pooling trust         or a workers' compensation pool, $1,000;(ii) a workers' compensation service company,         $500;(iii) a self-insured automobile fleet, $200; or(iv) a renewal of or amendment of any license         issued pursuant to (i), (ii), or (iii) above, $100.(ee) For filing articles of incorporation for a     syndicate to engage in the business of insurance through the Illinois Insurance Exchange, $2,000.(ff) For filing amended articles of incorporation for     a syndicate engaged in the business of insurance through the Illinois Insurance Exchange, $100.(gg) For filing articles of incorporation for a     limited syndicate to join with other subscribers or limited syndicates to do business through the Illinois Insurance Exchange, $1,000.(hh) For filing amended articles of incorporation for     a limited syndicate to do business through the Illinois Insurance Exchange, $100.(ii) For a permit to solicit subscriptions to a     syndicate or limited syndicate, $100.(jj) For the filing of each form as required in     Section 143 of this Code, $50 per form.  The fee for advisory and rating organizations shall be $200 per form.(i) For the purposes of the form filing fee,         filings made on insert page basis will be considered one form at the time of its original submission. Changes made to a form subsequent to its approval shall be considered a new filing.(ii) Only one fee shall be charged for a form,         regardless of the number of other forms or policies with which it will be used.(iii) Fees charged for a policy filed as it will         be issued regardless of the number of forms comprising that policy shall not exceed $1,500. For advisory or rating organizations, fees charged for a policy filed as it will be issued regardless of the number of forms comprising that policy shall not exceed $2,500.(iv) The Director may by rule exempt forms from         such fees.(kk) For filing an application for licensing of a     reinsurance intermediary, $500.(ll) For filing an application for renewal of a     license of a reinsurance intermediary, $200.(2) When printed copies or numerous copies of the same paper or records  are furnished or certified, the Director may reduce such fees for copies  if he finds them excessive.  He may, when he considers it in the public  interest, furnish without charge to state insurance departments and persons  other than companies, copies or certified copies of reports of examinations  and of other papers and records.(3) The expenses incurred in any performance  examination authorized by law shall be paid by the company or person being  examined. The charge shall be reasonably related to the cost of the  examination including but not limited to compensation of examiners,  electronic data processing costs, supervision and preparation of an  examination report and lodging and travel expenses.  All lodging and travel expenses shall be in accord  with the applicable travel regulations as published by the Department of  Central Management Services and approved by the Governor's Travel Control  Board, except that out-of-state lodging and travel expenses related to  examinations authorized under Section 132 shall be in accordance with  travel rates prescribed under paragraph 301-7.2 of the Federal Travel  Regulations, 41 C.F.R. 301-7.2, for reimbursement of subsistence expenses  incurred during official travel.  All lodging and travel expenses may be reimbursed directly upon authorization of the  Director. With the exception of the  direct reimbursements authorized by the  Director, all performance examination charges collected by the  Department shall be paid  to the Insurance Producer Administration Fund,  however, the electronic data processing costs  incurred by the Department in the performance of any examination shall be  billed directly to the company being examined for payment to the Technology Management   Revolving Fund.(4) At the time of any service of process on the Director  as attorney for such service, the Director shall charge and collect the  sum of $20, which may be recovered as taxable costs by  the party to the suit or action causing such service to be made if he prevails  in such suit or action.(5) (a) The costs incurred by the Department of Insurance  in conducting any hearing authorized by law shall be assessed against the  parties to the hearing in such proportion as the Director of Insurance may  determine upon consideration of all relevant circumstances including:  (1)  the nature of the hearing; (2) whether the hearing was instigated by, or  for the benefit of a particular party or parties; (3) whether there is a  successful party on the merits of the proceeding; and (4) the relative levels  of participation by the parties.(b) For purposes of this subsection (5) costs incurred shall  mean the hearing officer fees, court reporter fees, and travel expenses  of Department of Insurance officers and employees; provided however, that  costs incurred shall not include hearing officer fees or court reporter  fees unless the Department has retained the services of independent  contractors or outside experts to perform such functions.(c) The Director shall make the assessment of costs incurred as part of  the final order or decision arising out of the proceeding; provided, however,  that such order or decision shall include findings and conclusions in support  of the assessment of costs.  This subsection (5) shall not be construed as  permitting the payment of travel expenses unless calculated in accordance  with the applicable travel regulations of the Department  of Central Management Services, as approved by the Governor's Travel Control  Board.  The Director as part of such order or decision shall require all  assessments for hearing officer fees and court reporter fees, if any, to  be paid directly to the hearing officer or court reporter by the party(s)  assessed for such costs. The assessments for travel expenses of Department  officers and employees shall be reimbursable to the  Director of Insurance for  deposit to the fund out of which those expenses had been paid.(d) The provisions of this subsection (5) shall apply in the case of any  hearing conducted by the Director of Insurance not otherwise specifically  provided for by law.(6) The Director shall charge and collect an annual financial  regulation fee from every domestic company for examination and analysis of  its financial condition and to fund the internal costs and expenses of the  Interstate Insurance Receivership Commission as may be allocated to the State  of Illinois and companies doing an insurance business in this State pursuant to  Article X of the Interstate Insurance Receivership Compact.  The fee shall be  the greater fixed amount based upon  the combination of nationwide direct premium income and  nationwide reinsurance  assumed premium  income or upon admitted assets calculated under this subsection as follows:(a) Combination of nationwide direct premium income     and nationwide reinsurance assumed premium.(i) $150, if the premium is less than $500,000         and there is no reinsurance assumed premium;(ii) $750, if the premium is $500,000 or more,         but less than $5,000,000 and there is no reinsurance assumed premium; or if the premium is less than $5,000,000 and the reinsurance assumed premium is less than $10,000,000;(iii) $3,750, if the premium is less than         $5,000,000 and the reinsurance assumed premium is $10,000,000 or more;(iv) $7,500, if the premium is $5,000,000 or         more, but less than $10,000,000;(v) $18,000, if the premium is $10,000,000 or         more, but less than $25,000,000;(vi) $22,500, if the premium is $25,000,000 or         more, but less than $50,000,000;(vii) $30,000, if the premium is $50,000,000 or         more, but less than $100,000,000;(viii) $37,500, if the premium is $100,000,000 or         more.(b) Admitted assets.(i) $150, if admitted assets are less than         $1,000,000;(ii) $750, if admitted assets are $1,000,000 or         more, but less than $5,000,000;(iii) $3,750, if admitted assets are $5,000,000         or more, but less than $25,000,000;(iv) $7,500, if admitted assets are $25,000,000         or more, but less than $50,000,000;(v) $18,000, if admitted assets are $50,000,000         or more, but less than $100,000,000;(vi) $22,500, if admitted assets are $100,000,000         or more, but less than $500,000,000;(vii) $30,000, if admitted assets are         $500,000,000 or more, but less than $1,000,000,000;(viii) $37,500, if admitted assets are         $1,000,000,000 or more.(c) The sum of financial regulation fees charged to     the domestic companies of the same affiliated group shall not exceed $250,000 in the aggregate in any single year and shall be billed by the Director to the member company designated by the group.(7) The Director shall charge and collect an annual financial regulation  fee from every foreign or alien company, except fraternal benefit  societies, for the  examination and analysis of its financial condition and to fund the internal  costs and expenses of the Interstate Insurance Receivership Commission as may  be allocated to the State of Illinois and companies doing an insurance business  in this State pursuant to Article X of the Interstate Insurance Receivership  Compact.  The fee shall be a fixed amount based upon Illinois direct premium income  and nationwide reinsurance assumed premium income in accordance with the  following schedule:(a) $150, if the premium is less than $500,000 and     there is no reinsurance assumed premium;(b) $750, if the premium is $500,000 or more, but     less than $5,000,000 and there is no reinsurance assumed premium; or if the premium is less than $5,000,000 and the reinsurance assumed premium is less than $10,000,000;(c) $3,750, if the premium is less than $5,000,000     and the reinsurance assumed premium is $10,000,000 or more;(d) $7,500, if the premium is $5,000,000 or more, but     less than $10,000,000;(e) $18,000, if the premium is $10,000,000 or more,     but less than $25,000,000;(f) $22,500, if the premium is $25,000,000 or more,     but less than $50,000,000;(g) $30,000, if the premium is $50,000,000 or more,     but less than $100,000,000;(h) $37,500, if the premium is $100,000,000 or more.The sum of financial regulation fees under this subsection (7)  charged to the foreign or alien companies within the same affiliated group  shall not exceed $250,000 in the aggregate in any single year  and shall be  billed by the Director to the member company designated by the group.(8) Beginning January 1, 1992, the financial regulation fees imposed  under subsections (6) and (7)  of this Section shall be paid by each company or domestic affiliated group  annually.  After January  1, 1994, the fee shall be billed by Department invoice  based upon the company's  premium income or admitted assets as shown in its annual statement for the  preceding calendar year.  The invoice is due upon  receipt and must be paid no later than June 30 of each calendar year.  All  financial  regulation fees collected by the Department shall be paid to the Insurance  Financial Regulation Fund.  The Department may not collect financial  examiner per diem charges from companies subject to subsections (6) and (7)  of this Section undergoing financial examination  after June 30, 1992.(9) In addition to the financial regulation fee required by this  Section, a company undergoing any financial examination authorized by law  shall pay the following costs and expenses incurred by the Department:  electronic data processing costs, the expenses authorized under Section 131.21  and  subsection (d) of Section 132.4 of this Code, and lodging and travel expenses.Electronic data processing costs incurred by the Department in the  performance of any examination shall be billed directly to the company  undergoing examination for payment to the Technology Management Revolving  Fund.  Except for direct reimbursements authorized by the Director or  direct payments made under Section 131.21 or subsection (d) of Section  132.4 of this Code, all financial regulation fees and all financial  examination charges collected by the Department shall be paid to the  Insurance Financial Regulation Fund.All lodging and travel expenses shall be in accordance with applicable  travel regulations published by the Department of Central Management  Services and approved by the Governor's Travel Control Board, except that  out-of-state lodging and travel expenses related to examinations authorized  under Sections 132.1 through 132.7 shall be in accordance  with travel rates prescribed  under paragraph 301-7.2 of the Federal Travel Regulations, 41 C.F.R. 301-7.2,  for reimbursement of subsistence expenses incurred during official travel.  All lodging and travel expenses may be  reimbursed directly upon the authorization of the Director.In the case of an organization or person not subject to the financial  regulation fee, the expenses incurred in any financial examination authorized  by law shall be paid by the organization or person being examined.  The charge  shall be reasonably related to the cost of the examination including, but not  limited to, compensation of examiners and other costs described in this  subsection.(10) Any company, person, or entity failing to make any payment of $150  or more as required under this Section shall be subject to the penalty and  interest provisions provided for in subsections (4) and (7)  of Section 412.(11) Unless otherwise specified, all of the fees collected under this  Section shall be paid into the Insurance Financial Regulation Fund.(12) For purposes of this Section:(a) "Domestic company" means a company as defined in     Section 2 of this Code which is incorporated or organized under the laws of this State, and in addition includes a not-for-profit corporation authorized under the Dental Service Plan Act or the Voluntary Health Services Plans Act, a health maintenance organization, and a limited health service organization.(b) "Foreign company" means a company as defined in     Section 2 of this Code which is incorporated or organized under the laws of any state of the United States other than this State and in addition includes a health maintenance organization and a limited health service organization which is incorporated or organized under the laws of any state of the United States other than this State.(c) "Alien company" means a company as defined in     Section 2 of this Code which is incorporated or organized under the laws of any country other than the United States.(d) "Fraternal benefit society" means a corporation,     society, order, lodge or voluntary association as defined in Section 282.1 of this Code.(e) "Mutual benefit association" means a company,     association or corporation authorized by the Director to do business in this State under the provisions of Article XVIII of this Code.(f) "Burial society" means a person, firm,     corporation, society or association of individuals authorized by the Director to do business in this State under the provisions of Article XIX of this Code.(g) "Farm mutual" means a district, county and     township mutual insurance company authorized by the Director to do business in this State under the provisions of the Farm Mutual Insurance Company Act of 1986. (Source: P.A. 100-23, eff. 7-6-17.)