Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 7 - CORPORATE AND FINANCIAL REGULATION › Subchapter A - EXAMINATION AND FINANCIAL ANALYSIS › Section 7.65 - Requirements for Filing the 2008 Annual Statements, the 2009 Quarterly Statements, Other Reporting Forms, and Electronic Data Filings with the Texas Department of Insurance and the NAIC

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Scope. This section specifies the requirements for insurers and other regulated
				  entities for filing the 2008 annual statement, the 2009 quarterly statements,
				  other reporting forms, and electronic data filings, with the department and the
				  National Association of Insurance Commissioners (NAIC) necessary to report
				  information concerning the financial condition and business operations and
				  activities of insurers. This section applies to all insurers and certain other
				  regulated entities authorized to do the business of insurance in this state and
				  includes, but is not limited to, life insurers; accident insurers; life and
				  accident insurers; life and health insurers; accident and health insurers;
				  life, accident and health insurers; mutual life insurers; stipulated premium
				  insurers; group hospital service corporations; fire insurers; fire and marine
				  insurers; U.S. branches of alien insurers; Mexican casualty insurers; general
				  casualty insurers; fire and casualty insurers; mutual insurers other than life;
				  statewide mutual assessment companies; local mutual aid associations; mutual
				  burial associations; exempt associations; county mutual insurers; Lloyd's
				  plans; reciprocal and inter-insurance exchanges; domestic risk retention
				  groups; domestic joint underwriting associations; title insurers; fraternal
				  benefit societies; farm mutual insurers; health maintenance organizations;
				  nonprofit health corporations; nonprofit legal services corporations; the Texas
				  Health Insurance Risk Pool; the Texas Mutual Insurance Company; the Texas
				  Windstorm Insurance Association; and the Texas FAIR Plan Association. The
				  commissioner adopts by reference the 2008 annual statement blanks, the 2009
				  quarterly statement blanks, and the related instruction manuals published by
				  the NAIC, and other supplemental reporting forms specified in this section. The
				  forms are available from the Texas Department of Insurance, Financial Analysis
				  Division, Mail Code 303-1A, P.O. Box 149104, Austin, Texas 78714-9104. The NAIC
				  annual and quarterly statement blanks and other NAIC supplemental reporting
				  forms can be printed or filed electronically using annual statement software
				  available from vendors. Insurers and other regulated entities shall properly
				  report to the department and the NAIC by completing, in accordance with
				  applicable instructions, the appropriate hard copy annual and quarterly
				  statement blanks, other reporting forms, and electronic data filings.
(b) Definition. In this section "Texas
				  Edition" refers to the blanks and forms promulgated by the
				  commissioner.
(c) Conflicts with
				  other laws. In the event of a conflict between the Insurance Code, any
				  currently existing department rule, form, instructions, or any specific
				  requirement of this section and the NAIC instructions listed in this section,
				  the Insurance Code, the department rule, form, instruction, or the specific
				  requirements of this section shall take precedence and in all respects
				  control.
(d) Filing requirements
				  for life, accident and health insurers. Each life; life and accident; life and
				  health; accident; accident and health; mutual life; or life, accident and
				  health insurance company; stipulated premium company; group hospital service
				  corporation; and the Texas Health Insurance Risk Pool shall complete and file
				  the blanks, forms, or electronic data filings as directed in this subsection.
				  This subsection does not apply to entities licensed as health maintenance
				  organizations under the Insurance Code Chapter 843. Insurers specified in this
				  subsection and engaged in business authorized under the Insurance Code Chapter
				  843 may have additional reporting requirements under subsection (h) of this
				  section. Insurers described under this subsection may elect to file on the 2008
				  Health Annual Statement for year-end 2008, and on the 2009 Health Quarterly
				  Statement for the three quarters of 2009, if the insurer passes the Health
				  Statement Test as outlined in the "2008 Annual Statement, Health Instructions."
				  If a reporting entity qualifies under this subsection to use the 2008 Health
				  Annual Statement, it must continue to use that annual statement for a minimum
				  of three years or obtain written approval from the department to change to
				  another type of annual statement. Insurers filing the 2008 Life, Accident and
				  Health Annual Statement, the 2009 Life, Accident and Health Quarterly
				  Statements, and the supplemental forms and reports identified in these
				  subsections shall complete filings in accordance with the "2008 Annual
				  Statement Instructions, Life, Accident and Health," and the "2009 Quarterly
				  Statement Instructions, Life, Accident and Health," as applicable. Life
				  insurers meeting the test set forth in this subsection to file the 2008 Health
				  Annual Statement and the supplemental forms and reports identified in these
				  subsections shall complete filings in accordance with the "2008 Annual
				  Statement Instructions, Health," and the "2009 Quarterly Statement
				  Instructions, Health," as applicable. The electronic filings of these forms or
				  reports with the NAIC shall be in accordance with the NAIC data specifications
				  and instructions for electronic filing 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) 2008 Life, Accident and Health Annual
				  Statement, including the printed investment schedule detail, due on or before
				  March 1, 2009 (stipulated premium companies, April 1, 2009);
(B) 2008 Life, Accident and Health Annual
				  Statement of the Separate Accounts for the 2008 calendar year (required of
				  companies maintaining separate accounts), due on or before March 1,
				  2009;
(C) 2009 Life, Accident and
				  Health Quarterly Statements, due on or before May 15, August 15, and November
				  15, 2009. A Texas stipulated premium company, unless specifically requested to
				  do so by the department, is not required to file quarterly data filings with
				  the NAIC if it meets all three of the following conditions:
(i) it is authorized to write only life
				  insurance on its certificate of authority;
(ii) it collected premiums in the prior
				  calendar year of less than $1 million; and
(iii) it had a profit from operations in the
				  prior two calendar years;
(D) 2008 Health Annual Statement, including
				  the printed investment schedule detail, due on or before March 1, 2009 if the
				  company qualifies as described in this subsection;
(E) 2009 Health Quarterly Statements, due on
				  or before May 15, August 15, and November 15, 2009 if the company qualifies as
				  described in this subsection;
(F)
				  All the paper copies of the annual and quarterly supplements prepared and filed
				  on dates specified in the forms and instructions;
(G) Management's Discussion and Analysis, due
				  on or before April 1, 2009;
(H)
				  Statement of Actuarial Opinion, due on or before March 1, 2009 (stipulated
				  premium companies, April 1, 2009). The actuarial opinion shall be prepared in
				  accordance with paragraph (4) of this subsection;
(I) Schedule SIS, due on or before March 1,
				  2009. This filing is also required if filing a Health Annual Statement, as
				  applicable;
(J) Supplemental
				  Compensation Exhibit, due on or before March 1, 2009 (stipulated premium
				  companies, April 1, 2009). This filing is also required if filing a Health
				  Annual Statement, as applicable;
(K) The Texas Health Insurance Risk Pool
				  shall file the 2008 Health Annual Statement, and the 2009 Quarterly Statements
				  as follows:
(i) 2008 Health Annual Statement
				  with only pages 1 - 6, and Schedule E Part 1, Part 2, and Part 3 to be
				  completed and filed on or before March 1, 2009;
(ii) 2009 Health Quarterly Statements, with
				  only pages 1 - 6, Schedule E, Part 1 - Cash, and Part 2 - Cash Equivalents to
				  be completed and filed on or before May 15, August 15, and November 15, 2009;
				  and
(iii) The Texas Health
				  Insurance Risk Pool is not required to file any reports, diskettes, or
				  electronic data filings with the NAIC.
(L) Texas Overhead Assessment Exemption Form
				  (Texas Edition), due on or before March 1, 2009 (stipulated premium companies,
				  April 1, 2009). 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
(M) Analysis of Surplus (Texas Edition) for
				  life, accident and health insurers, due on or before March 1, 2009 (stipulated
				  premium companies, April 1, 2009).