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Section: 375.1252 RBC report, filed when--contents--formula, how determined--adjusted RBC report required, when. RSMO 375.1252


Published: 2015

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Missouri Revised Statutes













Chapter 375

Provisions Applicable to All Insurance Companies

←375.1250

Section 375.1252.1

375.1255→

August 28, 2015

RBC report, filed when--contents--formula, how determined--adjusted RBC report required, when.

375.1252. 1. Every domestic insurer and every health organization

shall, on or prior to each March first, prepare and submit to the director

a report of its RBC level as of the end of the calendar year just ended, in

a form and containing such information as is required by the RBC

instructions. In addition, every domestic insurer and every domestic

health organization shall file its RBC report:



(1) With the NAIC in accordance with the RBC instructions; and



(2) With the chief insurance regulatory official in any state in

which the insurer or health organization is authorized to do business, if

such official has notified the insurer or health organization of its

request in writing, in which case the insurer or health organization shall

file its RBC report not later than the later of:



(a) Fifteen days from the receipt of notice to file its RBC report

with that state; or



(b) The filing date.



2. A life and health insurer's RBC shall be determined in accordance

with the formula set forth in the RBC instructions. The formula shall take

into account and may adjust for the covariance between:



(1) The risk with respect to the insurer's assets;



(2) The risk of adverse insurance experience with respect to the

insurer's insurance liabilities and obligations;



(3) The interest rate risk with respect to the insurer's business;

and



(4) All other business risks and such other relevant risks as are set

forth in the RBC instructions. Such risks shall be determined in each case

by applying the factors in the manner set forth in the RBC instructions.



3. A property and casualty insurer's RBC shall be determined in

accordance with the formula set forth in the RBC instructions. The formula

shall take into account and may adjust for the covariance between:



(1) Asset risk;



(2) Credit risk;



(3) Underwriting risk; and



(4) All other business risks and such other relevant risks as are set

forth in the RBC instructions. Such risks shall be determined in each case

by applying the factors in the manner set forth in the RBC instructions.



4. A health organization's RBC shall be determined in accordance with

the formula set forth in the RBC instructions. The formula shall take into

account and may adjust for the covariance between:



(1) Asset risk;



(2) Credit risk;



(3) Underwriting risk; and



(4) All other business risks and such other relevant risks as are set

forth in the RBC instructions. Such risks shall be determined in each case

by applying the factors in the manner set forth in the RBC instructions.



5. Insurers and health organizations should seek to maintain capital

above the RBC levels required by sections 375.1250 to 375.1275, as such

additional capital helps to secure an insurer against various risks

inherent in, or affecting, the business of insurance and not accounted for

or partially measured by the risk-based capital requirements contained in

sections 375.1250 to 375.1275.



6. If a domestic insurer or domestic health organization files an RBC

report which in the judgment of the director is inaccurate, then the

director shall adjust the RBC report to correct the inaccuracy and shall

notify the insurer or health organization of the adjustment. The notice

shall contain a statement of the reason for the adjustment. An RBC report

as so adjusted is referred to as an "adjusted RBC report".



(L. 1993 H.B. 709 § 2, A.L. 1996 S.B. 759, A.L. 2014 H.B. 1968)





1996



1996



375.1252. 1. Every domestic insurer shall, on or prior to each March

first, prepare and submit to the director a report of its RBC level as of the

end of the calendar year just ended, in a form and containing such

information as is required by the RBC instructions. In addition, every

domestic insurer shall file its RBC report:



(1) With the NAIC in accordance with the RBC instructions; and



(2) With the chief insurance regulatory official in any state in which

the insurer is authorized to do business, if such official 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:



(a) Fifteen days from the receipt of notice to file its RBC report with

that state; or



(b) The filing date.



2. A life and health insurer's RBC shall be determined in accordance

with the formula set forth in the RBC instructions. The formula shall take

into account and may adjust for the covariance between:



(1) The risk with respect to the insurer's assets;



(2) The risk of adverse insurance experience with respect to the

insurer's insurance liabilities and obligations;



(3) The interest rate risk with respect to the insurer's business; and



(4) All other business risks and such other relevant risks as are set

forth in the RBC instructions. Such risks shall be determined in each case

by applying the factors in the manner set forth in the RBC instructions.



3. A property and casualty insurer's RBC shall be determined in

accordance with the formula set forth in the RBC instructions. The formula

shall take into account and may adjust for the covariance between:



(1) Asset risk;



(2) Credit risk;



(3) Underwriting risk; and



(4) All other business risks and such other relevant risks as are set

forth in the RBC instructions. Such risks shall be determined in each case by

applying the factors in the manner set forth in the RBC instructions.



4. Insurers should seek to maintain capital above the RBC levels

required by sections 375.1250 to 375.1275, as such additional capital helps

to secure an insurer against various risks inherent in, or affecting, the

business of insurance and not accounted for or partially measured by the

risk-based capital requirements contained in sections 375.1250 to 375.1275.



5. If a domestic insurer files an RBC report which in the judgment of

the director is inaccurate, then the director shall adjust the RBC report to

correct the inaccuracy and shall notify the insurer of the adjustment. The

notice shall contain a statement of the reason for the adjustment. An RBC

report as so adjusted is referred to as an "adjusted RBC report".



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