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. |