Title 34, Chapter 9, Section 160
( 34-9-160)
In determining the financial condition and solvency of a fund and
the financial capacity of a fund to pay workers' compensation
obligations promptly and otherwise to meet its obligations under
this chapter, the Commissioner shall take into consideration the
following: (1) The security deposit required by Code Section 34-9-161; (2) The surplus required by Code Section 34-9-162; (3) Such other considerations as the Commissioner may, by rule or
regulation, deem necessary or appropriate; (4) The Commissioner shall charge as liabilities the same reserves
as are required of incorporated insurers issuing nonassessable
policies on a reserve basis; (5) The surplus shares of members shall be allowed as assets,
except that any premiums delinquent for 90 days shall first be
charged against such surplus shares; (6) The surplus shares of members shall not be charged as a
liability; (7) All premiums delinquent less than 90 days shall be allowed as
assets; (8) An assessment levied upon members and not collected shall not
be allowed as an asset; (9) The computation of reserves shall be based upon premiums other
than membership fees and without any deduction for expenses and
the compensation of any contract administrator; and (10) The existence and face value of contracts or policies of
excess insurance or other measures of financial capacity as the
Commissioner may deem appropriate, including the authority of
municipalities, counties, and school boards, to levy and collect
taxes pursuant to the laws of this state. |