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§ 221.2-A. RBC Reports Required; Domestic Insurers

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. Insurance

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 1. Insurance Department (Refs & Annos)
Article V-a. Risk-Based Capital Requirements (Refs & Annos)
40 P.S. § 221.2-A
§ 221.2-A. RBC Reports Required; Domestic Insurers
(a) Every domestic insurer shall, on or prior to each March 1, prepare and submit to the commissioner and to the NAIC a report of its RBC levels as of the end of the calendar year just ended, in a form and containing the information required by the RBC instructions.
(b) In addition, every domestic insurer shall file its RBC report with the chief insurance regulatory official in any jurisdiction in which the insurer is authorized to do business if the chief insurance regulatory official of the jurisdiction has notified the insurer of its request in writing, in which case the insurer shall file its RBC report not later than the later of:
(1) the date instructed by the chief insurance regulatory official of the jurisdiction requesting the filing; or
(2) March 1 of the year following the end of the calendar year for which the report is requested.
(c) If a domestic insurer files an RBC report that, in the judgment of the commissioner, is inaccurate, the commissioner shall recalculate the RBC report to correct the inaccuracy and shall notify the insurer of the amount of the recalculation. The notice shall contain a statement of the reason for the recalculation. If, within thirty days after the notification from the commissioner, the insurer fails to prepare and submit to the commissioner and to the NAIC an adjusted RBC report to correct the inaccuracy in accordance with the commissioner's notification, the commissioner may enter an order calling for an investigatory hearing with no less than twenty days' notice to the insurer for purposes of obtaining additional documentation, data, information and testimony. Following the hearing, the commissioner shall issue a final order accepting the RBC report as filed or the adjusted RBC report as initially recalculated or with other corrections.

Credits

1921, May 17, P.L. 789, No. 285, § 502-A, added 1997, June 25, P.L. 349, No. 40, § 1, imd. effective.
40 P.S. § 221.2-A, PA ST 40 P.S. § 221.2-A
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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