Sec. 1551.216.  SPECIAL CONTINGENCY RESERVE.  (a)  A carrier issuing a group coverage plan under this chapter shall hold as a special contingency reserve an amount that equals the amount by which the amount described by Section 1551.215(c)(1) exceeds the sum of the amounts described by Sections 1551.215(c)(2) and (3).
(b)  The carrier may use the special contingency reserve only for charges, claims, and expenses under the plan.
(c)  The special contingency reserve earns interest at a rate determined before each plan year by the carrier and approved by the board of trustees as consistent with the rates generally used by the carrier for similar funds held under other group coverage plans.
(d)  On a determination by the board of trustees that the special contingency reserve has attained an amount estimated by the board to make satisfactory provision for adverse fluctuations in future charges, claims, or expenses under the plan, any further excess shall be deposited to the credit of the employees life, accident, and health insurance and benefits fund.
(e)  On discontinuation of a plan, any balance remaining in the special contingency reserve after all charges have been made shall be deposited to the credit of the employees life, accident, and health insurance and benefits fund.  The carrier may make the deposit in equal monthly installments over a period of not more than two years.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 3, eff. June 1, 2003.