§ 20-404. Certification of operating loss and assessment limit

   (a) Required. -- On or before March 15 of each year, the Fund shall determine and the Board of Trustees shall certify to the Board of Directors the information required under subsections (b) and (c) of this section.

(b) Identification of operating loss and assessment limits. -- Subject to subsection (f) of this section, the following information certified to the Board of Directors shall be separately identified by commercial auto and private passenger auto results:

   (1) the statutory operating loss for the immediately preceding calendar year;

   (2) a calculation to yield a private passenger auto assessment limit that is determined by subtracting the year-end total surplus of the Fund for the immediately preceding calendar year from an amount equal to 25% of the average of net direct written private passenger auto premiums of the Fund for each of the three immediately preceding calendar years; and

   (3) a calculation to yield a commercial auto assessment limit that is determined by subtracting the year-end commercial auto surplus of the Fund for the immediately preceding calendar year from an amount equal to 25% of the average of net direct written commercial auto premiums of the Fund for each of the 3 immediately preceding calendar years.

(c) Amount of assessment. -- The assessment certified to the Board of Directors shall be equal to:

   (1) subject to subsection (d) of this section, the assessment limit, if the assessment limit is less than or equal to the statutory operating loss; or

   (2) the statutory operating loss, if the assessment limit is greater than the statutory operating loss.

(d) Zero assessment limit. -- If the calculation under subsection (b)(2) of this section yields a number that is less than or equal to zero, the assessment limit is zero.

(e) Exclusions from operating loss or assessment. -- The statutory operating loss or assessment certified to the Board of Directors may not include:

   (1) assessment moneys received for a prior year; or

   (2) moneys transferred between the commercial auto and private passenger auto divisions within the Fund.

(f) Other income or expenses. -- In a calculation made under this section, income or expenses not clearly attributable to either commercial auto or private passenger auto may be allocated pro rata for that year.

HISTORY: An. Code 1957, art. 48A, § 243A; 1996, ch. 11; 1997, ch. 592.