New York Insurance Code § 7709

Assessments
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§ 7709. Assessments. (a) For the purpose of providing the funds\nnecessary to carry out the powers and duties of the corporation, the\nboard of directors shall assess the member insurers, separately for each\naccount, at such time and for such amounts as the board finds necessary\nin accordance with the provisions of paragraph three of subsection (c)\nof this section. Assessments shall be due on the date set by the board\nwhich shall be not less than thirty days nor more than sixty days after\nprior written notice to the member insurers. Assessments shall accrue\ninterest at the maximum rate allowed by subdivision one of section 5-501\nof the general obligations law on and after the due date.\n  (b) There shall be three classes of assessments, as follows:\n  (1) Class A assessments shall be made for the purpose of meeting\nadministrative costs and other general expenses.\n  (2) Class B assessments shall be made to the extent necessary to carry\nout the powers and duties of the corporation under section seven\nthousand seven hundred eight of this article with regard to an impaired\nor insolvent domestic insurer.\n  (3) Class C assessments shall be made to the extent necessary to carry\nout the powers and duties of the corporation under section seven\nthousand seven hundred eight of this article with regard to an impaired\nor insolvent foreign or alien insurer.\n  (c) (1) The amount of any class A assessment shall be determined by\nthe board and may be made on a non pro rata basis. Such assessment shall\nbe credited against future impairment or insolvency assessments. The\nmaximum such assessment against any member insurer in any calendar year\nshall be determined, in accordance with the table set forth below, on\nthe basis of its admitted assets as shown on its annual statement\nrequired by this chapter for the year next preceding the date of such\nassessment:\nCompanies with Admitted Assets of                   Maximum Assessment\nUp to $50,000,000                                           $200\n$50,000,000 to $1,000,000,000                              $1000\n$1,000,000,000 or more                                     $2000\n  (2) The amount of any class B or class C assessment, except for\nassessments related to long-term care insurance, shall be allocated for\nassessment purposes among the accounts in the proportion that the\npremiums received by the impaired or insolvent insurer on the policies\nor contracts covered by each account for the last calendar year\npreceding the assessment in which the impaired or insolvent insurer\nreceived premiums bears to the premiums received by such insurer for\nsuch calendar year on all covered policies. The amount of any class B or\nclass C assessment for long-term care insurance written by the impaired\nor insolvent insurer shall be allocated according to a methodology\nincluded in the plan of operation and approved by the superintendent.\nThe methodology shall provide for fifty percent of the assessment to be\nallocated to health insurance company member insurers and fifty percent\nto be allocated to life insurance company member insurers; provided,\nhowever, that a property/casualty insurer that writes health insurance\nshall be considered a health insurance company member for this purpose.\nClass B and class C assessments against member insurers for each account\nshall be in the proportion that the premiums received on business in\nthis state by each assessed member insurer on policies covered by each\naccount for the three calendar years preceding the assessment bears to\nsuch premiums received on business in this state for such calendar years\nby all assessed member insurers. Class B and Class C assessments against\nmember insurers for the health insurance account shall be further\nreduced for not-for-profit member insurers pursuant to a methodology\nincluded in the plan of operation and approved by the superintendent.\nSuch methodology shall reduce the assessments imposed on not-fo

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