As used in this article:

“Advisory council” means the Advisory Council to the State Workers' Insurance Board.

“Board” means the State Workers' Insurance Board.

“Bureau” means the Bureau of Workers' Compensation of the Department of Labor and Industry.

“Downward deviation” means the extent to which the State Workers' Insurance Board provides deviations under section 654 of the act of May 17, 1921 (P.L. 682, No. 284),¹ known as “The Insurance Company Law of 1921,” in the premiums charged to State Workers' Insurance Fund subscribers below the otherwise applicable premium rates approved by the Insurance Commissioner for use by the board.

“Fund” means the State Workers' Insurance Fund.

“Reserve funds” means the Sunny Day Fund and the Tax Stabilization Reserve Fund, created by the act of July 1, 1985 (P.L. 120, No. 32),² entitled “An act creating a special fund in the Treasury Department for use in attracting major industry into this Commonwealth; establishing a procedure for the appropriation and use of moneys in the fund; establishing the Tax Stabilization Reserve Fund; and providing for expenditures from such account.”

“Safely distributable” means amounts which are distributable without jeopardizing the ability of the State Workers' Insurance Fund to satisfy its present and future legal obligations to subscribers.

“Surplus” means the amount in the State Workers' Insurance Fund in excess of the fund's liabilities under this act.

“Taxes” means the amount that would be payable as taxes upon receipt of premiums by a private insurance company under section 902 of the act of March 4, 1971 (P.L. 6, No. 2),³ known as the “Tax Reform Code of 1971,” and the amount that would be payable as Federal income tax by a private insurance company under section 831 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 831), or any amendments to either statute subsequently enacted. For purposes of computing Federal capital gains or losses (for such hypothetical Federal income tax under section 831 of the Internal Revenue Code of 1986) for periods after June 30, 1990, the basis of State Workers' Insurance Fund assets will be the fair market value on June 30, 1990.