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<regulation prefix="Regulation" num=".07" citation="COMAR 31.05.07.07" title_num="31" subtitle_num="05" chapter_num="07" heading="Filing Agreements with Commissioner.">
  <paragraph num="A.">
    <text>Filing Required. A ceding insurer shall file with the Commissioner:</text>
    <paragraph num="(1)">
      <text>Each agreement entered into after the effective date of this chapter that involves the reinsurance of business issued before the effective date of the agreement; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Any amendment to an agreement required to be filed under §A(1) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Time for Filing. A ceding insurer shall file an agreement or amendment within 30 days after the execution of the agreement or amendment.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Contents of Filing. Each filing shall include data detailing the financial impact of the transaction.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Duties of Actuary.</text>
    <paragraph num="(1)">
      <text>The ceding insurer's actuary, who signs the financial statement actuarial opinion with respect to valuation of reserves, shall consider this chapter and any applicable actuarial standards of practice when determining the proper credit in financial statements filed with the Commissioner.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The actuary shall maintain adequate documentation and be prepared, on request, to:</text>
      <paragraph num="(a)">
        <text>Describe the actuarial work performed for inclusion in the financial statements; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Demonstrate that the work conforms to this chapter.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Increase in Surplus Net of Federal Income Tax.</text>
    <paragraph num="(1)">
      <text>If there is an increase in surplus net of federal income tax resulting from arrangements described in this regulation, the surplus increase shall be:</text>
      <paragraph num="(a)">
        <text>Identified separately on the insurer's statutory financial statement as a surplus item on the “aggregate write-ins for gains and losses in surplus” line in the capital and surplus account in the annual statement; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Recognized as income by being reflected on a net of tax basis in the “reinsurance ceded” line of the annual statement as earnings emerge from the business reinsured.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The following is an example of how an increase in surplus should be identified on the insurer's statutory financial statement:</text>
      <paragraph num="(a)">
        <text>On the last day of calendar year N, company XYZ pays a $20 million initial commission and expense allowance to company ABC for reinsuring an existing block of business;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Assuming a 34 percent tax rate, the net increase in surplus at inception is $13.2 million ($20 million - $6.8 million) which is reported on the “aggregate write-ins for gains and losses in surplus” line in the capital and surplus account;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>$6.8 million (34 percent of $20 million) is reported as income on the “commissions and expense allowances or reinsurance ceded” line of the summary of operations;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>At the end of N+1 the business has earned $4 million;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Company ABC has paid $0.5 million in profit and risk charges in arrears for the year and has received a $1 million experience refund;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Company ABC's annual statement would report $1.65 million (66 percent of ($4 million - $1 million - $0.5 million) up to a maximum of $13.2 million) on the “commissions and expense allowance on reinsurance ceded” line of the summary of operations, and -$1.65 million on the “aggregate write-ins for gains and losses in surplus” line of the capital and surplus account; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>The experience refund would be reported separately as a miscellaneous income item in the summary of operations.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>