TITLE 33 INSURANCE

Section 56. Risk-Based Capital Levels, 33-56-1 through 33-56-13.

ARTICLE 4 LIQUIDATION PROCEEDINGS

33-56-1. Definitions.

As used in this chapter, the term:

1. "Adjusted RBC report" means an RBC report which has been adjusted in accordance with subsection (e) of Code Section 33-56-2.
2. "Corrective order" means an order issued by the Commissioner specifying corrective actions which the Commissioner has determined are required.
3. "Domestic insurer" means an insurer as defined in paragraph (4) of Code Section 33-3-1.
4. "Foreign insurer" means any insurance company which is licensed to do business in this state under Chapter 3 of this title, but is not a domestic insurer.

   (4.1) "Health organization" means any health maintenance organization; limited health service organization; hospital, medical, or dental indemnity or service corporation; or other managed care organization licensed under this title; provided, however, that health organization does not include any life and health insurer or property and casualty insurer.

   (4.2) "Insurer" includes without limitation any health organization.

5. "Life and health insurer" means any insurance company licensed to write insurance as defined in Code Section 33-7-2 or 33-7-4 or a licensed property and casualty insurer writing only accident and health insurance.
6. "NAIC" means the National Association of Insurance Commissioners.
7. "Negative trend" means, with respect to a life and health insurer, a negative trend over a period of time, as determined in accordance with the trend test calculation included in the life RBC instructions.
8. "Property and casualty insurer" means any insurance company licensed to write insurance as defined in Code Section 33-7-3 or 33-7-6 but shall not include monoline mortgage guaranty insurers, financial guaranty insurers, and title insurers.
9. "RBC" means risk-based capital.
10. "RBC instructions" means the RBC report including risk-based capital instructions adopted by the NAIC, as such RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC.
11. "RBC level" means an insurer's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC where:
    1. "Authorized control level RBC" means the number determined under the risk-based capital formula in accordance with the RBC instructions;
    2. "Company action level RBC" means, with respect to any insurer, the product of 2.0 and its authorized control level RBC;
    3. "Mandatory control level RBC" means the product of .70 and the authorized control level RBC; and
    4. "Regulatory action level RBC" means the product of 1.5 and its authorized control level RBC.
12. "RBC plan" means a comprehensive financial plan containing the elements specified in subsection (b) of Code Section 33-56-3. If the Commissioner rejects the RBC plan and it is revised by the insurer, with or without the Commissioner's recommendation, the plan shall be called the revised RBC plan.
13. "RBC report" means the report required in Code Section 33-56-2.
14. "Total adjusted capital" means the sum of:
    1. An insurer's statutory capital and surplus, which in the case of a health organization shall be determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed; and
    2. Such other items, if any, as the RBC instructions may provide.

(Code 1981, §33-56-1, enacted by Ga. L. 1996, p. 928, § 1; Ga. L. 2000, p. 1246, §§ 8, 9; Ga. L. 2011, p. 449, § 12/HB 413.)

The 2011 amendment, effective July 1, 2011, inserted "life" near the end of paragraph (7).