| C. A self-insurer may establish an actuarially determined |
| fully funded trust, funded at a level sufficient to |
| discharge those obligations incurred by the employer |
| pursuant to this Act as they become due and payable from |
| time to time, as long as the Superintendent of Insurance |
| requires that the value of trust assets be at least equal to |
| the present value of ultimate expected incurred claims and |
| claims settlement costs, plus required safety margins and, |
| if determined necessary by the superintendent, |
| administrative costs for the operation of the plan of self- |
| insurance. For the purpose of determining whether an |
| actuarially determined fully funded trust has a surplus of |
| funds in excess of that required by this subsection, the |
| superintendent shall consider, based upon the group's audit |
| for all completed plan years, only the following assets held |
| outside the trust account: cash up to $10,000; accounts |
| receivable, limited to amounts collected and deposited in |
| the trust account by the date of the surplus distribution; |
| accrued interest on trust account assets that will be |
| collected and deposited in the trust account within 6 months |
| from the date of the surplus determination; tangible assets |
| that will be converted to cash and deposited in the trust |
| account prior to the distribution date of any surplus; and a |
| letter of credit to be used to partially fund the trust to |
| the extent allowed under this section and rules adopted by |
| the superintendent, as supported in the actuarial review. |
| The superintendent shall consider cash held outside the |
| trust account in excess of $10,000 if the self-insurer |
| provides, to the superintendent's satisfaction, |
| documentation regarding why the money is being held outside |
| the trust account. An actuarially determined fully funded |
| trust must be funded as follows, as determined by the |
| superintendent. |