§ 34-9-160 — Method of determining financial condition and solvency of a fund and financial capacity of fund to pay obligations

In determining the financial condition and solvency of a fund and the financial capacity of a fund to pay workers' compensation obligations promptly and otherwise to meet its obligations under this chapter, the Commissioner shall take into consideration the following: (1) The security deposit required by Code Section 34-9-161 ; (2) The surplus required by Code Section 34-9-162 ; (3) Such other considerations as the Commissioner may, by rule or regulation, deem necessary or appropriate; (4) The Commissioner shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis; (5) The surplus shares of members shall be allowed as assets, except that any premiums delinquent for 90 days shall first be charged against such surplus shares; (6) The surplus shares of members shall not be charged as a liability; (7) All premiums delinquent less than 90 days shall be allowed as assets; (8) An assessment levied upon members and not collected shall not be allowed as an asset; (9) The computation of reserves shall be based upon premiums other than membership fees and without any deduction for expenses and the compensation of any contract administrator; and (10) The existence and face value of contracts or policies of excess insurance or other measures of financial capacity as the Commissioner may deem appropriate, including the authority of municipalities, counties, and school boards, to levy and collect taxes pursuant to the laws of this state.