Chapter 5. Credit for Reinsurance.
§ 31–501. Credit allowed a domestic ceding insurer.
(a)(1) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of subsections (b), (c), (d), (e), (f), or (g) of this section; provided, that the Commissioner may adopt by regulation specific additional requirements relating to or setting forth the:
(A) Valuation of assets or reserve credits;
(B) Amount and forms of security supporting reinsurance arrangements; and
(C) Circumstances pursuant to which credit will be reduced or eliminated.
(2) Credit shall be allowed under subsections (b), (c), or (d) of this section only in respect to cessions of those kinds or classes of business that the assuming insurer is licensed or otherwise permitted to write or assume in its state of domicile or, in the case of a United States branch of an alien assuming insurer, in the state through which it is entered and is licensed to transact insurance or reinsurance.
(3) Credit shall be allowed under subsections (d) or (e) of this section only if the applicable requirements of subsection (h) of this section have been satisfied.
(b) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is licensed to transact insurance or reinsurance in the District.
(c) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is accredited by the Commissioner of the Department of Insurance, Securities, and Banking (“Commissioner”) as a reinsurer in the District. To be eligible for accreditation, a reinsurer shall:
(1) File with the Commissioner evidence of its submission to the District’s jurisdiction;
(2) Submit to the District’s authority to examine its books and records;
(3) Be licensed to transact insurance or reinsurance in at least one state, or, in the case of a United States branch of an alien assuming insurer, entered through and licensed to transact insurance or reinsurance in at least one state;
(4) File annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement; and
(5) Demonstrate to the satisfaction of the Commissioner that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount not less than $20 million and its accreditation has not been denied by the Commissioner within 90 days after submission of its application.
(d)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is domiciled in, or, in the case of a United States branch of an alien assuming insurer, is entered through a state that employs standards regarding credit for reinsurance substantially similar to those applicable under this statute, and the assuming insurer or United States branch of an alien assuming insurer:
(A) Maintains a surplus as regards policyholders in an amount not less than $20 million; and
(B) Submits to the authority of the District to examine its books and records.
(2) The requirement of paragraph (1)(A) of this subsection does not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system.
(e)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that maintains a trust fund in a qualified United States financial institution, as defined in § 31-503(b), for the payment of the valid claims of its United States ceding insurers, their assigns, and successors in interest. To enable the Commissioner to determine the sufficiency of the trust fund, the assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers. The assuming insurer shall submit to examination of its books and records by the Commissioner and bear the expense of the examination.
(2)(A) Credit for reinsurance shall not be granted under this subsection unless the form of the trust and any amendments to the trust have been approved by the commissioner of the state where the trust is domiciled or the commissioner of another state who, pursuant to the terms of the trust instrument, has accepted principal regulatory oversight of the trust.
(B) The form of the trust and any trust amendments shall also be filed with the commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instrument shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in its trustees for the benefit of the assuming insurer’s United States ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner.
(C) The trust shall remain in effect for as long as the assuming insurer has outstanding obligations due under the reinsurance agreements subject to the trust. No later than February 28 of each year, the trustee of the trust shall report to the Commissioner in writing the balance of the trust and a listing of the trust’s investments as of December 31 of the preceding year and shall certify the date of termination of the trust, if so planned, or certify that the trust will not expire before December 31 of that year.
(3) The following requirements apply to the following categories of assuming insurer:
(A) The trust fund for a single assuming insurer shall consist of funds in trust in an amount not less than the assuming insurer’s liabilities attributable to reinsurance ceded by United States ceding insurers, and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million, except as provided for in subparagraph (B) of this paragraph.
(B)(i) At any time after the assuming insurer has permanently discontinued underwriting new business secured by the trust for at least 3 full years, the commissioner with principal regulatory oversight of the trust may authorize a reduction in the required trusteed surplus, but only after a finding, based on an assessment of the risk, that the new required surplus level is adequate for the protection of United States ceding insurers, policyholders, and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows and shall consider all material risk factors, including, when applicable, the lines of business involved, the stability of the incurred loss estimates, and the effect of the surplus requirements on the assuming insurer’s liquidity or solvency.
(ii) The minimum required trusteed surplus shall not be reduced to an amount of less than 30% of the assuming insurer’s liabilities attributable to reinsurance ceded by United States ceding insurers covered by the trust.
(4)(A) In the case of a group including incorporated and individual unincorporated underwriters:
(i) For reinsurance ceded under reinsurance agreements with an inception, amendment, or renewal date on or after August 1, 1995, the trust shall consist of a trusteed account in an amount not less than the group’s respective underwriters’ several liabilities attributable to business ceded by United States domiciled ceding insurers to any member underwriter of the group;
(ii) For reinsurance ceded under reinsurance agreements with an inception date on or before July 31, 1995, and not amended or renewed after that date, notwithstanding the other provisions of this chapter, the trust shall consist of a trusteed account in an amount not less than the group’s respective underwriters’ several insurance and reinsurance liabilities attributable to business written in the United States; and
(iii) In addition to these trusts, the group shall maintain in trust a trusteed surplus of which $100 million shall be held jointly for the benefit of the United States domiciled ceding insurers of any member of the group for all years of account.
(B) The incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of regulation and solvency control by the group’s domiciliary regulator as are the unincorporated members.
(C) Within 90 days after its financial statements are due to be filed with the group’s domiciliary regulator, the group shall provide to the Commissioner an annual certification by the group’s domiciliary regulator of the solvency of each underwriter member or, if a certification is unavailable, financial statements prepared by independent public accountants of each underwriter member of the group.
(5) In the case of a group of incorporated underwriters under common administration, the group shall:
(A) Have continuously transacted an insurance business outside the United States for at least 3 years immediately before making application for accreditation;
(B) Maintain aggregate policyholders’ surplus of at least $10 billion;
(C) Maintain a trust fund in an amount not less than the group’s several liabilities attributable to business ceded by United States domiciled ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of the group;
(D) Maintain a joint trusteed surplus of which $100 million shall be held jointly for the benefit of the United States domiciled ceding insurers of any member of the group as additional security for these liabilities; and
(E) Within 90 days after its financial statements are due to be filed with the group’s domiciliary regulator, make available to the Commissioner an annual certification of each underwriter member’s solvency by the member’s domiciliary regulator and financial statements of each underwriter member of the group prepared by its independent public accountant.
(f)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that has been certified by the Commissioner as a reinsurer in this state and secures its obligations in accordance with the requirements of this subsection.
(2) To be eligible for certification, the assuming insurer shall meet the following requirements:
(A) Be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the Commissioner pursuant to paragraph (4) of this subsection;
(B) Maintain minimum capital and surplus, or its equivalent, in an amount to be determined by the Commissioner pursuant to regulation;
(C) Maintain financial strength ratings from 2 or more rating agencies deemed acceptable by the Commissioner pursuant to regulation;
(D) Submit to the jurisdiction of the District, appoint the Commissioner as its agent for service of process in the District, and agree to provide security for 100% of the assuming insurer’s liabilities attributable to reinsurance ceded by United States ceding insurers if it resists enforcement of a final United States judgment;
(E) Meet all applicable information filing requirements as determined by the Commissioner, both with respect to an initial application for certification and on an ongoing basis; and
(F) Satisfy any other requirements for certification considered relevant by the Commissioner.
(3) An association, including incorporated and individual unincorporated underwriters, may be a certified reinsurer. To be eligible for certification, in addition to satisfying requirements of paragraph (2) of this subsection:
(A) The association shall satisfy its minimum capital and surplus requirements through the capital and surplus equivalents of the association and its members, which shall include a joint central fund that may be applied to any unsatisfied obligation of the association or any of its members, in an amount determined by the Commissioner to provide adequate protection;
(B) The incorporated members of the association shall not be engaged in any business other than underwriting as a member of the association and shall be subject to the same level of regulation and solvency control by the association’s domiciliary regulator as are the unincorporated members; and
(C) Within 90 days after its financial statements are due to be filed with the association’s domiciliary regulator, the association shall provide to the Commissioner an annual certification by the association’s domiciliary regulator of the solvency of each underwriter member or, if a certification is unavailable, financial statements prepared by independent public accountants of each underwriter member of the association.
(4)(A) The Commissioner shall create and publish a list of qualified jurisdictions under which an assuming insurer licensed and domiciled in such jurisdiction shall be eligible to be considered for certification by the Commissioner as a certified reinsurer.
(B)(i) To determine whether the domiciliary jurisdiction of a non-United States assuming insurer is eligible to be recognized as a qualified jurisdiction, the Commissioner shall evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, both initially and on an ongoing basis, and consider the rights, benefits, and the extent of reciprocal recognition afforded by the non-United States jurisdiction to reinsurers licensed and domiciled in the United States. A qualified jurisdiction must agree to share information and cooperate with the Commissioner with respect to all certified reinsurers domiciled within that jurisdiction.
(ii) A jurisdiction may not be recognized as a qualified jurisdiction if the Commissioner has determined that the jurisdiction does not adequately and promptly enforce final United States judgments and arbitration awards. Additional factors may be considered at the discretion of the Commissioner.
(C)(i) A list of qualified jurisdictions shall be published through the National Association of Insurance Commissioners Committee Process. The Commissioner shall consider this list in determining qualified jurisdictions.
(ii) If the Commissioner approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the Commissioner shall provide thoroughly documented justification in accordance with criteria to be developed under regulations.
(D) United States jurisdictions that meet the requirement for accreditation under the National Association of Insurance Commissioners financial standards and accreditation program shall be recognized as qualified jurisdictions.
(E) If a certified reinsurer’s domiciliary jurisdiction ceases to be a qualified jurisdiction, the Commissioner has the discretion to suspend the reinsurer’s certification indefinitely, in lieu of revocation.
(5) The Commissioner shall assign a rating to each certified reinsurer, giving due consideration to the financial strength ratings that have been assigned by rating agencies deemed acceptable to the Commissioner pursuant to regulation. The Commissioner shall publish a list of all certified reinsurers and their ratings.
(6)(A) A certified reinsurer shall secure obligations assumed from United States ceding insurers under this subsection at a level consistent with its rating, as specified in regulations promulgated by the Commissioner.
(B) For a domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form acceptable to the Commissioner and consistent with the provisions of § 31-502, or in a multi-beneficiary trust in accordance with subsection (e) of this section, except as otherwise provided in this subsection.
(C) If a certified reinsurer maintains a trust to fully secure its obligations subject to subsection (e) of this section and chooses to secure its obligations incurred as a certified reinsurer in the form of a multi-beneficiary trust, the certified reinsurer shall maintain separate trust accounts for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer with reduced security as permitted by this subsection or comparable laws of other United States jurisdictions and for its obligations, subject to subsection (e) of this section. It shall be a condition to the grant of certification under this subsection that the certified reinsurer shall have bound itself, by the language of the trust and agreement with the commissioner with principal regulatory oversight of each such trust account, to fund, upon termination of any such trust account, out of the remaining surplus of such trust, any deficiency of any other such trust account.
(D) The minimum trusteed surplus requirements provided in subsection (e) of this section are not applicable with respect to a multi-beneficiary trust maintained by a certified reinsurer for the purpose of securing obligations incurred under this subsection, except that such trust shall maintain a minimum trusteed surplus of $10 million.
(E) With respect to obligations incurred by a certified reinsurer under this subsection, if the security is insufficient, the Commissioner shall reduce the allowable credit by an amount proportionate to the deficiency. The Commissioner has the discretion to impose further reductions in allowable credit upon finding that there is a material risk that the certified reinsurer’s obligations will not be paid in full when due.
(F)(i) For the purposes of this subsection, a certified reinsurer whose certification has been terminated for any reason shall be treated as a certified reinsurer required to secure 100% of its obligations.
(ii) For the purposes of this subsection, the term “terminated” refers to revocation, suspension, voluntary surrender, and inactive status.
(iii) If the Commissioner continues to assign a higher rating as permitted by other provisions of this section, this requirement shall not apply to a certified reinsurer in inactive status or to a reinsurer whose certification has been suspended.
(7) If an applicant for certification has been certified as a reinsurer in a National Association of Insurance Commissioners accredited jurisdiction, the Commissioner has the discretion to defer to that jurisdiction’s certification and has the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall be considered to be a certified reinsurer in this state.
(8)(A) A certified reinsurer that ceases to assume new business in the District may request to maintain its certification in inactive status in order to continue to qualify for a reduction in security for its in-force business.
(B) An inactive certified reinsurer shall continue to comply with all applicable requirements of this subsection.
(C) The Commissioner shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business.
(f-1)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that:
(A) Has its head office or is domiciled in and is licensed in a reciprocal jurisdiction;
(B)(i) Has and maintains, on an ongoing basis, minimum capital and surplus, or its equivalent, calculated according to the methodology of its domiciliary jurisdiction in an amount established by the Commissioner by regulation; and
(ii) If it is an association, including incorporated and individual unincorporated underwriters, has and maintains, on an ongoing basis, minimum capital and surplus equivalents (net of liabilities), calculated according to the methodology applicable in its domiciliary jurisdiction and a central fund containing a balance in amounts established by the Commissioner by regulation;
(C)(i) Has and maintains on an ongoing basis, the minimum solvency or capital ratio, as applicable, established by the Commissioner by regulation; and
(ii) If it is an association, including incorporated and individual unincorporated underwriters, has and maintains, on an ongoing basis, a minimum solvency or capital ratio as determined by the reciprocal jurisdiction where the assuming insurer has its head office or is domiciled, as applicable, and is also licensed in the reciprocal jurisdiction;
(D) Agrees and provides adequate assurance to the Commissioner in a form prescribed by the Commissioner that it:
(i) Will provide prompt written notice and explanation to the Commissioner if it falls below the minimum requirements set forth in subparagraphs (B) or (C) of this paragraph or if any regulatory action is taken against it for serious, as determined by the Commissioner, noncompliance with applicable law;
(ii) Will consent in writing to the jurisdiction of the courts of the District of Columbia and to the appointment of the Commissioner as agent for service of process, which the Commissioner may require to be provided to the Commissioner and included in each reinsurance agreement; provided, that nothing in this sub-subparagraph shall limit, or in any way alter, the capacity of parties to a reinsurance agreement to agree to alternative dispute resolution mechanisms, except to the extent such an agreement is unenforceable under applicable insolvency or delinquency laws;
(iii) Will consent in writing to pay all final judgments, wherever enforcement is sought, obtained by a ceding insurer or its legal successor, that have been declared enforceable in the jurisdiction where the judgments were obtained;
(iv) Will include in each reinsurance agreement a provision requiring the assuming insurer to provide security in an amount equal to 100% of the assuming insurer's liabilities attributable to reinsurance ceded pursuant to that agreement if the assuming insurer resists enforcement of a final judgment that is enforceable under the law of the jurisdiction in which it was obtained or a properly enforceable arbitration award, whether obtained by the ceding insurer or by its legal successor on behalf of its resolution estate; and
(v) Will confirm in writing that it is not presently participating in any solvent scheme of arrangement that involves this state's ceding insurers and agrees to notify the ceding insurer and the Commissioner, and to provide security in an amount equal to 100% of the assuming insurer's liabilities to the ceding insurer, should the assuming insurer enter into such a solvent scheme of arrangement, which security shall be in a form consistent with subsection (f) of this section, § 31-502, and any applicable regulations established by the Commissioner;
(E) Provides (or its legal successor provides), if requested by the Commissioner on the Commissioner's own behalf or of any legal predecessor, certain documentation established by the Commissioner by regulation;
(F) Maintains a practice of prompt payment of claims under reinsurance agreements, pursuant to criteria set forth in regulation established by the Commissioner; and
(G) Will require its supervisory authority to confirm to the Commissioner on an annual basis, as of the preceding December 31, or as of the annual date otherwise statutorily reported to the reciprocal jurisdiction, that the assuming insurer is in compliance with the requirements set forth in subparagraphs (B) and (C) of this paragraph.
(2) Nothing in paragraph (1) of this subsection precludes an assuming insurer from providing the Commissioner with information on a voluntary basis.
(3)(A) The Commissioner shall timely create and publish a list of reciprocal jurisdictions that includes any reciprocal jurisdiction, as defined in paragraph (11)(B) of this subsection, and consider including any other reciprocal jurisdiction included on a list created by the National Association of Insurance Commissioners.
(B)(i) In accordance with a process set forth in regulations established by the Commissioner, the Commissioner may remove a jurisdiction from the list of reciprocal jurisdictions upon a determination that the jurisdiction no longer meets the requirements of a reciprocal jurisdiction; except, that the Commissioner shall not remove from the list a reciprocal jurisdiction as defined in paragraph (11)(B)(i) and (ii) of this subsection.
(ii) If a jurisdiction is removed from the Commissioner's list of reciprocal jurisdictions, credit for reinsurance ceded to an assuming insurer that has its home office or is domiciled in that jurisdiction shall be allowed if otherwise allowed pursuant to this chapter.
(4)(A) The Commissioner shall timely create and publish a list of assuming insurers that have satisfied the conditions set forth in this subsection and to which cessions shall be granted credit in accordance with this subsection.
(B) The Commissioner may add an assuming insurer to the list created pursuant to subparagraph (A) of this paragraph if a jurisdiction accredited by the National Association of Insurance Commissioners has added the assuming insurer to a list of assuming insurers or the assuming insurer submits the information to the Commissioner as required by paragraph (1)(D) of this subsection and complies with any additional requirements that the Commissioner may establish by regulation, except to the extent that the regulation conflicts with an applicable covered agreement.
(5)(A) If the Commissioner determines that an assuming insurer no longer meets one or more of the requirements under this subsection, the Commissioner may revoke or suspend the eligibility of the assuming insurer for recognition under this subsection in accordance with procedures set forth in regulation.
(B) While an assuming insurer's eligibility is suspended, no reinsurance agreement issued, amended, or renewed on or after the effective date of the suspension shall qualify for credit except to the extent that the assuming insurer's obligations under the contract are secured in accordance with § 31-502.
(C) If an assuming insurer's eligibility is revoked, no credit for reinsurance may be granted on or after the effective date of the revocation with respect to any reinsurance agreements entered into by the assuming insurer, including reinsurance agreements entered into prior to the date of revocation, except to the extent that the assuming insurer's obligations under the contract are secured in a form acceptable to the Commissioner and consistent with the provisions of § 31-502.
(6) If a ceding insurer is subject to a legal process of rehabilitation, liquidation, or conservation, the ceding insurer, or its representative, may seek and, if determined appropriate by the court in which the proceedings are pending, may obtain an order requiring that the assuming insurer post security for all outstanding ceded liabilities.
(7) Nothing in this subsection shall limit or alter the capacity of parties to a reinsurance agreement to agree to requirements for security or other terms in the reinsurance agreement, except as expressly prohibited by this chapter or regulations issued pursuant to this chapter.
(8)(A) Credit may be taken under this subsection only for reinsurance agreements entered into, amended, or renewed on or after July 27, 2022, and only with respect to losses incurred and reserves reported on or after the later of the date on which the assuming insurer has met all eligibility requirements pursuant to paragraph (1) of this subsection or the effective date of the new reinsurance agreement, amendment, or renewal.
(B) This paragraph does not alter or impair a ceding insurer's right to take credit for reinsurance, to the extent that credit is not available under this subsection, as long as the reinsurance qualifies for credit under any other applicable provision of this chapter.
(9) Nothing in this subsection shall authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement except as permitted by the terms of the agreement.
(10) Nothing in this subsection shall limit or alter the capacity of parties to any reinsurance agreement to renegotiate the agreement.
(11) For the purposes of this subsection, the term:
(A) "Covered agreement" means an agreement entered into pursuant to 31 U.S.C. §§ 313 and 314 that is currently in effect or in a period of provisional application and addresses the elimination, under specified conditions, of collateral requirements as a condition for entering into any reinsurance agreement with a ceding insurer domiciled in the District or for allowing the ceding insurer to recognize credit for reinsurance.
(B) "Reciprocal jurisdiction" means:
(i) A non-United States jurisdiction that is subject to an in-force covered agreement with the United States, or, in the case of a covered agreement between the United States and the European Union, is a member state of the European Union;
(ii) A United States jurisdiction that meets the requirements for accreditation under the financial standards and accreditation program of the National Association of Insurance Commissioners; or
(iii) A qualified jurisdiction, as determined by the Commissioner pursuant to subsection (f)(4) of this section, that is not otherwise described in sub-subparagraph (i) or (ii) of this subparagraph that meets certain additional requirements, consistent with the terms and conditions of in-force covered agreements, as established by the Commissioner by regulation.
(g) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of subsections (b), (c), (d), (e), or (f) of this section, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction.
(h)(1) If the assuming insurer is not licensed, accredited, or certified to transact insurance or reinsurance in this state, the credit permitted by subsections (c) and (d) of this section shall not be allowed unless the assuming insurer agrees in the reinsurance agreements:
(A) That in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, comply with all requirements necessary to give the court jurisdiction, and abide by the final decision of the court or of any appellate court in the event of an appeal; and
(B) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding company insurer.
(2) This subsection is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes if this obligation is created in the agreement.
(i) If the assuming insurer does not meet the requirements of subsections (b), (c), or (d) of this subsection, the credit permitted by subsection (e) or (f) of this section shall not be allowed unless the assuming insurer agrees in the trust agreements to the following conditions:
(1) Notwithstanding any other provisions in the trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by subsection (e)(3) of this section, or if the grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation, or similar proceeding under the laws of its state or country of domicile, the trustee shall comply with an order of the commissioner with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner with regulatory oversight all of the assets of the trust fund.
(2) The assets shall be distributed by and claims shall be filed with and valued by the commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurance companies.
(3) If the commissioner with regulatory oversight determines that the assets of the trust fund or any part thereof are not necessary to satisfy the claims of the United States ceding insurers of the grantor of the trust, the assets or part thereof shall be returned by the commissioner with regulatory oversight to the trustee for distribution in accordance with the trust agreement.
(4) The grantor shall waive any right otherwise available to it under United States law that is inconsistent with this provision.
(j)(1) If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the Commissioner may suspend or revoke the reinsurer’s accreditation or certification.
(2) The Commissioner shall give the reinsurer notice and opportunity for a hearing. The suspension or revocation shall not take effect until after the Commissioner’s order on a hearing, unless:
(A) The reinsurer waives its right to a hearing;
(B) The Commissioner’s order is based on regulatory action by the reinsurer’s domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer’s eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer under subsection (f)(7) of this section; or
(C) The Commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the Commissioner’s action.
(3)(A) While a reinsurer’s accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer’s obligations under the contract are secured in accordance with § 31-502.
(B) If a reinsurer’s accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer’s obligations under the contract are secured in accordance with subsection (f)(6) of this section or § 31-502.
(k)(1) A ceding insurer shall take steps to manage its reinsurance recoverables proportionate to its own book of business. A domestic ceding insurer shall notify the Commissioner within 30 days after reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, that exceeds 50% of the domestic ceding insurer’s last reported surplus to policyholders, or after it is determined that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.
(2) A ceding insurer shall take steps to diversify its reinsurance program. A domestic ceding insurer shall notify the Commissioner within 30 days after ceding to any single assuming insurer, or group of affiliated assuming insurers, more than 20% of the ceding insurer’s gross written premium in the prior calendar year, or after it has determined that the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.
§ 31–502. Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of § 31-501.
(a) An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of § 31-501 shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer; provided, that the Commissioner may adopt by regulation pursuant to § 31-504(b) specific additional requirements relating to or setting forth the:
(1) Valuation of assets or reserve credits;
(2) Amount and forms of security supporting reinsurance arrangements described § 31-504(b); and
(3) Circumstances pursuant to which credit will be reduced or eliminated.
(b) The reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with the assuming insurer as security for the payment of obligations thereunder, if the security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer, or, in the case of a trust, held in a qualified U.S. financial institution, as defined in § 31-503(a). This security may be in the form of:
(1) Cash;
(2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Valuation Office, and qualifying as admitted assets;
(3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified U.S. financial institution effective no later than December 31 of the year for which the filing is being made, and in the possession of, or in trust for, the ceding insurer on or before the filing date of its annual statement; provided, that letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance (or confirmation) shall, notwithstanding the issuing (or confirming) institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or
(4) Any other form of security acceptable to the Commissioner.
§ 31–503. Qualified U.S. financial institutions.
(a) For purposes of [§ 31-502(b)], a qualified U.S. financial institution means an institution that:
(1) Is organized, or, in the case of a United States office of a foreign banking organization, licensed, under the laws of the United States or any state thereof;
(2) Is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies;
(3) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet the standards of financial condition and standing considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner; and
(4) When eligible to act as a fiduciary of a trust under this chapter:
(A) Is organized, or, in the case of a United States branch or agency office of a foreign banking organization, licensed, under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and
(B) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies.
§ 31–504. Rulemaking.
(a) The Commissioner may adopt rules and regulations necessary to implement the provisions of this chapter.
(b) The Commissioner is further authorized to adopt rules and regulations applicable to reinsurance arrangements; provided, that regulations adopted pursuant to this subsection:
(1) May apply only to reinsurance relating to:
(A) Life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits;
(B) Universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period;
(C) Variable annuities with guaranteed death or living benefits;
(D) Long-term care insurance policies; and
(E) Such other life and health insurance and annuity products as to which the National Association of Insurance Commissioners ("NAIC") adopts model regulatory requirements with respect to credit for reinsurance.
(2) Pursuant paragraph (1)(A) or (B) of this subsection may apply to any treaty containing:
(A) Policies issued on or after January 1, 2015; or
(B) Policies issued prior to January 1, 2015, if risk pertaining to such pre-2015 policies is ceded in connection with the treaty, in whole or in part, on or after January 1, 2015;
(3) May require the ceding insurer, in calculating the amounts or forms of security required to be held under regulations promulgated under this authority, to use the Valuation Manual adopted by the NAIC, as amended.
(4) Shall not apply to cessions to an assuming insurer that:
(A) Is certified in the District or, at a minimum, in 5 other states or meets the conditions set forth in § 31-501(f-1); or
(B) Maintains at least $250 million in capital and surplus when determined in accordance with the NAIC Accounting Practices and Procedures Manual, including all amendments thereto adopted by the NAIC, excluding the impact of any permitted or prescribed practices, and is:
(i) Licensed in at least 26 states; or
(ii) Licensed in at least 10 states, and licensed or accredited in a total of at least 35 states.
