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 7.68 - Requirements for Filing the Annual Statements, the Quarterly Statements, Other Reporting Forms, and Electronic Filings with the Texas Department of Insurance and the NAIC

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section specifies the requirements for insurers and other regulated entities to
				  file the annual statements, the 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.
(b) Scope and
				  applicability. 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; limited purpose subsidiary life insurance companies under the
				  Insurance Code Chapter 841, Subchapter I; 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
				  Pool; the Texas Mutual Insurance Company; the Texas Windstorm Insurance
				  Association; and the Texas FAIR Plan Association. Insurers and other regulated
				  entities must properly report each calendar year to the department and the NAIC
				  by completing, in accordance with applicable instructions, the appropriate
				  paper copy annual and quarterly statement blanks, other reporting forms, and
				  electronic filings specified in this section. This section shall be applicable
				  to annual filings with the department and the NAIC, beginning with the year
				  ending December 31, 2011, and each year thereafter; and to the quarterly
				  filings with the department and the NAIC, beginning with the quarter ending on
				  March 31, 2012, and each quarter thereafter.
(c) Definition. In this section, "Texas
				  Edition" refers to the blanks and forms promulgated by the
				  commissioner.
(d) NAIC and TDI
				  specific forms and instructions. The commissioner adopts by reference the
				  annual statement blanks, the quarterly statement blanks, the annual and
				  quarterly supplemental reporting forms, and the related instruction manuals as
				  adopted and published by the NAIC each year; and the Texas-specific reporting
				  forms specified in this section. The Texas-specific forms are available from
				  the Texas Department of Insurance, Financial Regulation Division, Financial
				  Analysis, Mail Code 303-1A, P.O. Box 149104, Austin, Texas 78714-9104. Copies
				  of the latest editions of the blanks, supplemental reporting forms, and related
				  instruction manuals adopted and published by the NAIC may be obtained from the
				  NAIC, and can be filed electronically using software available from
				  vendors.
(e) 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.
(f) General filing requirements for domestic
				  insurers and other domestic regulated entities. Every domestic insurer and
				  other domestic regulated entity must complete and file the following reports
				  and forms using the latest editions of the annual and quarterly statement
				  blanks, forms, and related instruction manuals adopted by the NAIC that are
				  appropriate for the type of business written by the insurer or regulated
				  entity:
(1) an annual statement, in paper
				  copy with the department and electronically with the NAIC, due on or before
				  March 1 for the preceding year ending December 31;
(2) quarterly statements, in paper copy with
				  the department and electronically with the NAIC, due on or before May 15,
				  August 15, and November 15;
(3) all
				  the annual and quarterly supplements adopted by the NAIC including, but not
				  limited to, the Management's Discussion and Analysis, in paper copies with the
				  department and electronically with the NAIC, prepared and filed in accordance
				  with and on or before dates specified in the latest editions of the forms,
				  instructions, and guidelines adopted by the NAIC;
(4) a Statement of Actuarial Opinion, in
				  paper copy with the department and electronically with the NAIC, due on or
				  before March 1 for the preceding year ending December 31;
(5) a Schedule SIS, in paper copy only with
				  the department, due on or before March 1 for the preceding year ending December
				  31;
(6) a Supplemental Compensation
				  Exhibit, in paper copy only with the department, due on or before March 1 for
				  the preceding year ending December 31;
(7) a Texas Overhead Assessment Exemption
				  Form (Texas Edition), in paper copy only with the department, due on or before
				  March 1 for the preceding year ending December 31. 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;
(8) an Analysis of Surplus (Texas Edition),
				  in paper copy only with the department, due on or before March 1 for the
				  preceding year ending December 31; and
(9) an advertising certificate of compliance
				  with its annual statement filing, in paper copy only with the department,
				  prepared and filed in accordance with §
											21.116
				  of this title (relating to Special Enforcement Procedures for Rules Governing
				  Advertising and Solicitation of Insurance).