This rule is being amended to adopt the 2012 NAIC Annual Statement Instructions Manuals.  

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    FINANCIAL SERVICES COMMISSION

    OIR – Insurance Regulation

    RULE NO.:RULE TITLE:

    69O-137.001Annual and Quarterly Reporting Requirements

    PURPOSE AND EFFECT: This rule is being amended to adopt the 2012 NAIC Annual Statement Instructions Manuals.

    SUMMARY: Section 624.424, Florida Statutes, requires insurers to file quarterly and annual financial reports with the Office of Insurance Regulation and allows the Office to enact rules setting the standards for those reports. By adopting the current versions of these NAIC instructions and manuals, the Office is establishing up-to-date, uniform standards for annual and quarterly reports which will provide the information necessary for the Office to evaluate insurers’ financial conditions. In addition, by adopting the most current versions of the manuals, the Office is preventing any potential challenges from insurers who may protest the Office using manuals which have not been formally adopted.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Agency personnel familiar with the subject matter of the rule amendment have performed an economic analysis of the rule amendment that shows that the rule amendment is unlikely to have an adverse impact on the State economy in excess of the criteria established in Section 120.541(2)(a), Florida Statutes.

    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    RULEMAKING AUTHORITY: 624.308(1), 624.424(1) FS.

    LAW IMPLEMENTED: 624.424(1) FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

    DATE AND TIME: July 30, 2013, 9:30 a.m.

    PLACE: 142 Larson Building, 200 East Gaines Street, Tallahassee, Florida

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Kerry Krantz, Office of Insurance Regulation, E-mail Kerry.Krantz@floir.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kerry Krantz, Office of Insurance Regulation, E-mail Kerry.Krantz@floir.com

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    69O-137.001 Annual and Quarterly Reporting Requirements.

    (1) through (3) No change.

    (4) Manuals Adopted.

    (a) Annual statements shall be prepared in accordance with the following manuals, which are hereby adopted and incorporated by reference:

    1. The NAIC’s Annual Statement Instructions, Property and Casualty, 2012 2011;

    2. The NAIC’s Annual Statement Instructions, Life, Accident and Health, 2012 2011;

    3. The NAIC’s Annual Statement Instructions, Health, 2012 2011;

    4. The NAIC’s Annual Statement Instructions, Title, 2012 2011; and

    5. The NAIC’s Accounting Practices and Procedures Manual, as of March 2012 2011.

    (b) Quarterly statements shall be prepared in accordance with the following manuals, which are hereby adopted and incorporated by reference:

    1. The NAIC’s Quarterly Statement Instructions, Property and Casualty, 2013 2012;

    2. The NAIC’s Quarterly Statement Instructions, Life, Accident and Health, 2013 2012;

    3. The NAIC’s Quarterly Statement Instructions, Health, 2013 2012;

    4. The NAIC’s Quarterly Statement Instructions, Title, 2013 2012; and

    5. The NAIC’s Accounting Practices and Procedures Manual, as of March 2013 2012.

    (c) No change.

    (5) Adoption of revised Actuarial Guideline 38.

    (a) Revised NAIC Accounting Practices and Procedures Manual Actuarial Guideline 38 which is Attachment Three in the agenda for the September 12, 2012 Executive (Ex) Committee and Plenary conference call at http://www.naic.org/documents/jt_ex_plenary_120912_agenda_materials.pdf is hereby adopted and incorporated by reference and replaces the Guideline published in the Manual for annual and quarterly statements submitted to the Office on and after December 31, 2012.

    (b) Sections of the draft version of the Valuation Manual, adopted by NAIC Life Insurance and Annuities (A) Committee on August 17, 2012, referenced in Revised Actuarial Guideline 38 which is Attachment One in the agenda for the September 12, 2012 Executive (Ex) Committee and Plenary conference call at http://www.naic.org/documents/jt_ex_plenary_120912_agenda_materials.pdf are hereby adopted and incorporated by reference.

    (c) Reserves reported in the 2012 annual and subsequent quarterly and annual statements to which Accounting Practices and Procedures Manual Actuarial revised Guideline 38 applies will not be based upon future versions of a draft Valuation Manual unless adopted by statute or amendment to this rule.

    (d) A printed copy of the NAIC Executive (Ex) Committee and Plenary conference call agenda including attachments is available for inspection at the Office at its headquarters in Tallahassee, Florida, during regular business hours.

    Rulemaking Authority 624.308(1), 624.424(1) FS. Law Implemented 624.424(1) FS. History–New 3-31-92, Amended 8-24-93, 4-9-95, 4-9-97, 4-4-99, 11-30-99, 2-11-01, 4-5-01, 12-4-01, 12-25-01, 8-18-02, 7-27-03, Formerly 4-137.001, Amended 1-6-05, 9-15-05, 1-25-07, 3-16-08, 3-4-09, 1-4-10, 9-28-11,1-28-13,___________.

    NAME OF PERSON ORIGINATING PROPOSED RULE: Kerry Krantz, Office of Insurance Regulation, E-mail Kerry.Krantz@floir.com

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Financial Services Commission

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 25, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 5, 2013