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- Alaska Statutes.
- Title 21. Insurance
- Chapter 79. Alaska Life and Health Insurance Guaranty Association Act
- Section 70. Assessments.
previous: Section 60
. Powers and Duties of the Association.
next: Section 80
. Plan of Operation.
AS 21.79.070. Assessments.
- (a) For the purpose of providing funds necessary to carry out the powers and duties of the association, the Board of
Governors shall assess the member insurers, separately for each account, at a time and for an amount that the board
finds necessary. Assessments are due not less than 30 days after prior written notice to the member insurers and accrue
interest at 10 percent a year from the date payment is due.
- (b) There shall be two assessments as follows:
- (1) class A assessments shall be authorized and called for the purpose of meeting administrative and legal costs and other
expenses and examinations conducted under the authority of AS 21.79.060
; class A assessments may be authorized and called whether or not related to a particular impaired or insolvent
- (2) class B assessments shall be authorized and called only as necessary to carry out the powers and duties of the
association with regard to an impaired or an insolvent insurer.
- (c) The amount of a class A assessment shall be determined by the board and may be made on a pro rata or non pro rata
basis. If a pro rata assessment is made, the board may provide that it be credited against future class B assessments.
A non pro rata assessment may not exceed $250 per member insurer in a calendar year. The amount of a class B assessment
shall be allocated for assessment purposes among the accounts under an allocation formula that may be based on the
premiums or reserves of the impaired or insolvent insurer or by another standard determined by the board in its sole
discretion as being fair and reasonable under the circumstances.
- (d) Class B assessments shall be based on the premiums received on business in this state by each assessed member insurer
on policies or contracts covered by each account in proportion to the premiums received on business in this state by
all assessed member insurers during the three calendar years preceding the year in which the insolvency or impairment
- (e) The association may abate or defer, in whole or in part, the assessment of a member insurer if, in the opinion of the
board, a payment of the assessment would endanger the ability of the member insurer to fulfill its contractual
obligations. The amount by which an assessment against a member insurer is abated or deferred may be assessed against
the other member insurers in a manner consistent with the basis for assessments set forth in (c) of this section. Once
the conditions that caused a deferral are removed or rectified, the member insurer shall pay all assessments that were
deferred under a repayment plan approved by the association.
- (f) Except as provided in this subsection, the total of all assessments on a member insurer for each subaccount of the
life and annuity account and for the health account may not in any one calendar year exceed two percent of the
insurer's average annual premiums received in this state on policies or contracts covered by the account or subaccount
during the three calendar years preceding the year in which the insurer became an impaired or insolvent insurer. If two
or more assessments are authorized in one calendar year with respect to insurers that become impaired or insolvent in
different calendar years, the average annual premiums for purposes of the aggregate assessment percentage limitation
imposed under this subsection shall be limited to the highest of the average annual premiums during the preceding three
calendar years for the applicable subaccount or account as calculated under this section. If the maximum assessment,
together with the other assets of the association in an account, does not provide in any one year in either account an
amount sufficient to carry out the responsibilities of the association, the necessary additional funds shall be
assessed as soon as permitted by this chapter.
- (g) The board may provide in the plan of operation a method of allocating funds among claims, whether relating to one or
more impaired or insolvent insurers, when the maximum assessment will be insufficient to cover anticipated claims.
- (h) If the maximum assessment for a subaccount of the life and annuity account in any one year does not provide an amount
sufficient to carry out the responsibilities of the association, the board shall, as provided under (d) of this
section, access all subaccounts of the life and annuity account for the necessary additional amount, subject to the
assessment limit provided in (f) of this section.
- (i) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer may
not be authorized or called until necessary to implement the purposes of this chapter. Classification of assessments
under (b) of this section and computation of assessments under this section shall be made with a reasonable degree of
accuracy, recognizing that exact determinations may not always be possible. The association shall notify each member
insurer of its anticipated pro rata share of an authorized assessment not yet called within 180 days after the
assessment is authorized.
- (j) The board may, by an equitable method as established in the plan of operation, refund to member insurers, in
proportion to the contribution of each insurer to that account, the amount by which the assets of the account exceed
the amount the board finds is necessary to carry out during the coming year the obligations of the association with
regard to that account, including assets accruing from assignment, subrogation, net realized gains, and income from
investments. A reasonable amount may be retained in any account to provide funds for the continuing expenses of the
association and for future losses claims.
- (k) A member insurer may, in determining its premium rates and policy owner dividends as to any kind of insurance within
the scope of this chapter, consider the amount reasonably necessary to meet its assessment obligations under this
- (l) A member insurer that wishes to protest all or part of an assessment shall pay when due the full amount of the
assessment as set out in the notice provided by the association. The payment shall be available to meet association
obligations during the pendency of the protest or any subsequent appeal. If a payment is made under protest, payment
must be accompanied by a statement in writing that the payment is made under protest and setting out a brief statement
of the grounds for the protest. Within 60 days following the payment of an assessment under protest by a member
insurer, the association shall notify the member insurer in writing of its determination with respect to the protest
unless the association notifies the member insurer that additional time is required to resolve the issues raised by the
protest. Within 30 days after a final decision has been made, the association shall notify the protesting member
insurer in writing of that final decision. Within 60 days of receipt of notice of the final decision, the protesting
member insurer may appeal that final action to the director. In the alternative to rendering a final decision with
respect to a protest based on a question regarding the assessment base, the association may refer protests to the
director for a final decision with or without recommendation from the association. If a protest or appeal on an
assessment is upheld, the amount paid in error or excess shall be returned to the member company. Interest on a refund
due a protesting member shall be paid at the rate actually earned by the association.
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