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<section article="gin" article_name="Insurance" number="20-404" title_number="20" title_name="Maryland Automobile Insurance Fund" subtitle_number="4" subtitle_name="Industry Automobile Insurance Association">
  <level label="a">
    <text>On or before March 15 of each year, the Fund shall determine and the Board of Trustees shall certify to the Board of Directors the information required under subsections (b) and (c) of this section.</text>
  </level>
  <level label="b">
    <text>Subject to subsection (f) of this section, the following information certified to the Board of Directors shall be separately identified by commercial auto and private passenger auto results:</text>
    <level label="1">
      <text>the statutory operating loss for the immediately preceding calendar year;</text>
    </level>
    <level label="2">
      <text>a calculation to yield a private passenger auto assessment limit that is determined by subtracting the year–end total surplus of the Fund for the immediately preceding calendar year from an amount equal to 25% of the average of net direct written private passenger auto premiums of the Fund for each of the three immediately preceding calendar years; and</text>
    </level>
    <level label="3">
      <text>a calculation to yield a commercial auto assessment limit that is determined by subtracting the year–end commercial auto surplus of the Fund for the immediately preceding calendar year from an amount equal to 25% of the average of net direct written commercial auto premiums of the Fund for each of the 3 immediately preceding calendar years.</text>
    </level>
  </level>
  <level label="c">
    <text>The assessment certified to the Board of Directors shall be equal to:</text>
    <level label="1">
      <text>subject to subsection (d) of this section, the assessment limit, if the assessment limit is less than or equal to the statutory operating loss; or</text>
    </level>
    <level label="2">
      <text>the statutory operating loss, if the assessment limit is greater than the statutory operating loss.</text>
    </level>
  </level>
  <level label="d">
    <text>If the calculation under subsection (b)(2) of this section yields a number that is less than or equal to zero, the assessment limit is zero.</text>
  </level>
  <level label="e">
    <text>The statutory operating loss or assessment certified to the Board of Directors may not include:</text>
    <level label="1">
      <text>assessment money received for a prior year; or</text>
    </level>
    <level label="2">
      <text>money transferred between the commercial auto and private passenger auto divisions within the Fund.</text>
    </level>
  </level>
  <level label="f">
    <text>In a calculation made under this section, income or expenses not clearly attributable to either commercial auto or private passenger auto may be allocated pro rata for that year.</text>
  </level>
  <level label="g">
    <text>Promptly after the certification of an assessment by the Board of Trustees for commercial auto or private passenger auto under subsection (c) of this section the Board of Directors shall notify the Commissioner of the certification.</text>
  </level>
  <level label="h">
    <text>On the Commissioner’s verification of the Board of Trustees’ certification, the Board of Directors shall authorize the Fund to withdraw:</text>
    <level label="1">
      <text>an amount equal to the commercial auto or private passenger auto assessment, if the assessment balance for that portion exceeds the assessment; or</text>
    </level>
    <level label="2">
      <text>the entire commercial auto or private passenger auto balance, if the assessment equals or exceeds the balance for that portion.</text>
    </level>
  </level>
  <level label="i">
    <text>Association members may not be subject to an annual assessment if the amount of money held by the Fund from a prior overassessment is equal to or greater than the assessment.</text>
  </level>
  <level label="j">
    <text>Association members are subject to an annual assessment under § 20–405 of this subtitle if the amount of money held by the Fund from a prior overassessment is less than the assessment, based on the difference between:</text>
    <level label="1">
      <text>the commercial auto assessment or private passenger auto assessment; and</text>
    </level>
    <level label="2">
      <text>the applicable amount of money held by the Fund from a prior overassessment.</text>
    </level>
  </level>
  <level label="k">
    <level label="1">
      <text>On June 1, 2023, the Board of Directors shall authorize the Fund to withdraw from the money held by the Fund from a prior overassessment.</text>
    </level>
    <level label="2">
      <text>The funds withdrawn:</text>
      <level label="i">
        <text>shall be allocated to the surplus of the Fund; and</text>
      </level>
      <level label="ii">
        <text>may not be credited to Association members.</text>
      </level>
    </level>
  </level>
  <level label="l">
    <text>On or before July 1, 2023, the Fund shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the application of the funds withdrawn under this section and all fund balances in the Fund’s Insured and Uninsured Divisions.</text>
  </level>
</section>
