Illinois Compiled Statutes
215 ILCS 5/ - Illinois Insurance Code.
Article IIA - Risk-Based Capital

(215 ILCS 5/Art. IIA heading)

 
(215 ILCS 5/35A-1)
Sec. 35A-1.
Short title.
This Article may be cited as the Risk-Based
Capital Law.

(Source: P.A. 88-364.)
 
(215 ILCS 5/35A-5)
Sec. 35A-5. Definitions. As used in this Article, the terms listed in
this Section have the meaning given herein.
"Adjusted RBC Report" means an RBC Report that has been adjusted by the
Director in accordance with subsection (f) of Section 35A-10.
"Authorized control level RBC" means the number determined under the
risk-based capital formula in accordance with the RBC Instructions.
"Company action level RBC" means the product of 2.0 and the insurer's
authorized control level RBC.
"Corrective Order" means an order issued by the Director in accordance with
Article XII 1/2 specifying
corrective actions that the Director determines are required.
"Domestic insurer" means any insurance company domiciled in this State
under Article II, Article III, Article III 1/2, or Article IV
or a health organization as defined by this Article, except this shall
include only those health maintenance organizations that are "domestic
companies" in accordance with Section 5-3 of the Health Maintenance
Organization Act and only those limited health service organizations that are
"domestic companies" in accordance with Section 4003 of the Limited Health
Service Organization Act.
"Fraternal benefit society" means any insurance company licensed under Article XVII of this Code.
"Foreign insurer" means any foreign or alien insurance company licensed
under Article VI
that is not domiciled in this State
and any health maintenance organization that is not a "domestic company" in
accordance with Section 5-3 of the Health Maintenance Organization Act and any
limited health service organization that is not a "domestic company" in
accordance with Section 4003 of the Limited Health Service Organization Act.
"Health organization" means an entity operating under a certificate of
authority issued pursuant to the
Health Maintenance Organization Act, the Dental Service Plan Act, the Limited
Health Service Organization Act, or the Voluntary Health Services Plans Act,
unless the entity is otherwise defined as a "life, health, or life and health
insurer" pursuant to this Act.
"Life, health, or life and health insurer" means an insurance company
that has authority to transact the kinds of
insurance described in either or both clause (a) or clause (b) of Class 1 of
Section 4 or a licensed property and casualty insurer writing only accident and
health insurance.
"Mandatory control level RBC" means the product of 0.70 and the insurer's
authorized control level RBC.
"NAIC" means the National Association of Insurance Commissioners.
"Negative trend" means, with respect to a life, health, or life and
health
insurer or a fraternal benefit society, a negative trend over a period of time, as determined
in accordance with the trend test calculation included in the Life or Fraternal RBC Instructions.
"Property and casualty insurer" means an insurance company
that has authority to transact the kinds of insurance in
either or both Class 2 or Class 3 of Section 4 or a licensed insurer writing
only insurance authorized under clause (c) of
Class 1, but does not include monoline
mortgage guaranty insurers, financial guaranty insurers, and title insurers.
"RBC" means risk-based capital.
"RBC Instructions" means the RBC Report including risk-based capital
instructions adopted by the NAIC as those instructions may be amended by the
NAIC from time to time in accordance with the procedures adopted by the NAIC.
"RBC level" means an insurer's company action level RBC, regulatory action
level RBC, authorized control level RBC, or mandatory control level RBC.
"RBC Plan" means a comprehensive financial plan containing the elements
specified in subsection (b) of Section 35A-15.
"RBC Report" means the risk-based capital report required under Section
35A-10.
"Receivership" means conservation, rehabilitation, or liquidation under
Article XIII.
"Regulatory action level RBC" means the product of 1.5 and the insurer's
authorized control level RBC.
"Revised RBC Plan" means an RBC Plan rejected by the Director and revised by
the insurer with or without the Director's recommendations.
"Total adjusted capital" means the sum of (1) an insurer's statutory capital
and surplus and (2) any other items that the RBC Instructions may provide.

(Source: P.A. 98-157, eff. 8-2-13.)
 
(215 ILCS 5/35A-10)
Sec. 35A-10. RBC Reports.
(a) On or before each March 1 (the "filing date"), every domestic
insurer
shall prepare and submit to the Director a report of its RBC levels as of the
end of the previous calendar year in the form and containing the information
required by the RBC Instructions. Every domestic insurer shall also file its
RBC Report with the NAIC in accordance with the RBC Instructions. In addition,
if requested in writing by the chief insurance regulatory official of any state
in which it
is authorized to do business, every domestic insurer shall file its RBC Report
with that official no later than the later of 15 days after the insurer
receives the written request
or the filing date.
(b) A life, health, or life and health insurer's or fraternal benefit society's RBC shall be
determined under the formula set
forth in the RBC Instructions. The formula shall take into account (and may
adjust for the covariance between):
(c) A property and casualty insurer's RBC shall be determined in
accordance
with the formula set forth in the RBC Instructions. The formula shall take
into account (and may adjust for the covariance between):
(d) A health organization's RBC shall be determined in accordance with the
formula set forth in the RBC Instructions. The formula shall take the
following into account (and may adjust for the covariance between):
(e) An excess of capital over the amount produced by the
risk-based
capital requirements contained in this Code and the formulas, schedules, and
instructions referenced in this Code is desirable in the business of insurance.
Accordingly, insurers should seek to maintain capital above the RBC levels
required by this Code. Additional capital is used and useful in the insurance
business and helps to secure an insurer against various risks inherent in, or
affecting, the business of insurance and not accounted for or only partially
measured by the risk-based capital requirements contained in this Code.
(f) If a domestic insurer files an RBC Report that, in the
judgment of the
Director, is inaccurate, the Director shall adjust the RBC Report to correct
the inaccuracy and shall notify the insurer of the adjustment. The notice
shall contain a statement of the reason for the adjustment.

(Source: P.A. 100-580, eff. 3-12-18.)
 
(215 ILCS 5/35A-15)
Sec. 35A-15. Company action level event.
(a) A company action level event means any of the following events:
(b) In the event of a company action level event, the insurer shall prepare
and submit to the Director an RBC Plan that does
all of the following:
(c) The insurer shall submit the RBC Plan to the Director within 45 days
after the company action
level event occurs or within 45 days after the Director notifies the insurer
that the Director has, after a hearing, rejected its
challenge under Section 35A-35 to an
Adjusted RBC Report.
(d) Within 60 days after an insurer submits an RBC Plan to the
Director, the Director shall notify the insurer whether the RBC Plan shall be
implemented or is, in the judgment of the Director, unsatisfactory. If the
Director determines the RBC Plan is unsatisfactory,
the notification to the insurer shall set forth the reasons for the
determination
and may set forth proposed revisions that will render the RBC Plan satisfactory
in the judgment of the Director. Upon notification from the Director, the
insurer shall prepare a Revised RBC Plan, which may incorporate by reference
any revisions proposed by the Director. The insurer shall submit the Revised
RBC Plan to the Director within 45 days after the Director notifies the insurer
that the RBC Plan is unsatisfactory or within 45 days after the Director
notifies the insurer that the Director has, after a hearing, rejected its
challenge under Section 35A-35 to the determination that the RBC Plan is
unsatisfactory.
(e) In the event the Director notifies an insurer that its
RBC Plan or Revised RBC Plan is unsatisfactory, the Director may, at
the Director's discretion and subject to the insurer's right to a hearing under
Section 35A-35, specify in the notification that the notification constitutes a
regulatory action level event.
(f) Every domestic insurer that files an RBC Plan or Revised RBC Plan with
the Director shall file a copy of the RBC Plan or Revised RBC Plan with the
chief insurance regulatory official in any state in which the insurer is
authorized to do business if that state has a law substantially similar to the
confidentiality provisions in subsection (a) of Section 35A-50 and if that
official requests in writing a copy of the plan. The insurer shall file a copy
of the
RBC Plan or Revised RBC Plan in that state no later than the later of
15 days after receiving the written request for the copy or
the date on which the RBC Plan or Revised RBC Plan is filed under
subsection (c) or (d) of this Section.

(Source: P.A. 99-542, eff. 7-8-16; 100-201, eff. 8-18-17.)
 
(215 ILCS 5/35A-20)
Sec. 35A-20.
Regulatory action level event.
(a) A regulatory action level event means any of the following events:
(b) In the event of a regulatory action level event, the Director shall do
all of the following:
(c) In determining corrective actions, the Director may take into account
any factors the Director deems relevant based upon the examination or analysis
of the assets, liabilities, and operations of the insurer including, but not
limited to, the results of any sensitivity tests undertaken under the RBC
Instructions.
The regulatory action level event shall be deemed sufficient grounds for the
Director to issue a Corrective Order in accordance with Article XII 1/2. The
Director shall have rights, powers, and duties with respect to the insurer that
are set forth in Article XII 1/2 and the insurer shall be entitled to the
protections afforded insurers under Article XII 1/2.
(d) The Director may retain actuaries, investment experts, and other
consultants necessary to review an insurer's RBC Plan or Revised RBC Plan,
examine or analyze the assets, liabilities, and operations of the insurer, and
formulate the Corrective Order with respect to the insurer. The fees, costs,
and expenses related to the actuaries, investment experts, and other
consultants shall be reasonable and customary for the nature of the services
provided and shall be borne by the affected insurer or the party designated
by
the Director.

(Source: P.A. 90-794, eff. 8-14-98; 91-549, eff. 8-14-99.)
 
(215 ILCS 5/35A-25)
Sec. 35A-25.
Authorized control event.
(a) An authorized control event means any of the following events:
(b) In the event of an authorized control level event, the Director shall
take
the actions required under Section 35A-20 regarding an insurer with respect to
which a regulatory action level event has occurred or, if the Director deems it
to be in the best interests of the insurer's policyholders and creditors and of
the public, take the actions necessary to cause the insurer to be placed in
receivership under Article XIII. In the event the Director determines
that receivership is necessary, the authorized control level event shall be
deemed sufficient grounds for the Director to take action under Article XIII,
and the Director shall have the rights, powers, and duties with respect to the
insurer that are set forth in Article XIII. In the event the Director takes
action under this subsection regarding an Adjusted RBC Report, the insurer
shall be entitled to the protections afforded insurers under Article
XIII.

(Source: P.A. 88-364.)
 
(215 ILCS 5/35A-30)
Sec. 35A-30. Mandatory control level event.
(a) A mandatory control level event means any of the following events:
(b) In the
event of a mandatory control level event with respect to a life, health, or
life and health insurer or a fraternal benefit society, the Director shall take
actions necessary to place the insurer in
receivership under
Article XIII. In that event, the mandatory control level event shall be deemed
sufficient grounds for the Director to take action under Article XIII, and the
Director shall have the rights, powers, and duties with respect to the insurer
that
are set forth in Article XIII. If the Director takes
action
under this subsection regarding an Adjusted RBC Report, the insurer shall be
entitled to the protections
of Article XIII.
If the Director finds that there is a
reasonable expectation that the mandatory control level event may be eliminated
within 90 days after it occurs, the Director may delay action for not more
than 90 days after the mandatory control level event.
(c) In the case of a mandatory control level event with respect to a
property and casualty insurer, the Director shall
take the actions necessary to place the insurer in receivership under Article
XIII or, in the case of an insurer that is writing no business and that is
running-off its existing business, may allow the insurer to continue its
run-off under the supervision of the Director. In either case, the mandatory
control level event is deemed sufficient grounds for the Director to take
action under Article XIII, and the Director has the rights, powers, and
duties with respect to the insurer that are set forth in Article XIII. If the
Director takes action regarding an Adjusted RBC Report, the insurer shall be
entitled to the protections of Article XIII. If the Director finds that there
is a reasonable expectation that
the mandatory control level event may be eliminated within 90 days after it
occurs, the Director may delay action for not more than 90 days after the
mandatory control level event.
(d) In the case of a mandatory control level event with respect to a
health organization, the Director shall take the actions necessary to place the
insurer in receivership under Article XIII or, in the case of an insurer that
is writing no business and that is running-off its existing business, may allow
the insurer to
continue its run-off under the supervision of the Director. In either case,
the mandatory control level event is deemed sufficient grounds for the Director
to take action under Article XIII, and the Director has the rights, powers, and
duties with respect to the insurer that are set forth in Article XIII. If the
Director takes action regarding an Adjusted RBC Report, the insurer shall be
entitled to the protections of Article XIII. If the Director finds that there
is a reasonable expectation that the mandatory control level event may be
eliminated within 90 days after it occurs, the Director may delay action for
not more than 90 days after the mandatory control level event.

(Source: P.A. 98-157, eff. 8-2-13.)
 
(215 ILCS 5/35A-35)
Sec. 35A-35.
Hearings.
(a) An insurer has the right to an administrative hearing with respect to
any of the following:
(b) At the administrative hearing, the insurer may challenge any
determination or action by the Director. The insurer shall notify the
Director of its request for a hearing
within 5 days after notification by the Director made under
subsection (a). Upon receipt of the insurer's request for a hearing, the
Director shall set a date for the hearing. The hearing shall be held no fewer
than 10 days and no more than 30 days after the date of the insurer's request
for the hearing.

(Source: P.A. 90-794, eff. 8-14-98.)
 
(215 ILCS 5/35A-40)
Sec. 35A-40.
Foreign insurers.
(a) Upon the written request of the Director, a foreign insurer shall submit
to the Director an RBC Report as of the end of the previous calendar year no
later than the later of the date an RBC Report would be required to be filed by
a domestic insurer under this Article or 15 days after the foreign insurer
receives the Director's request. Upon the written request of the Director, a
foreign insurer shall promptly submit to the Director a copy of any RBC Plan
that is filed with
the chief insurance regulatory official or any other state.
(b) In the event of a company action level event, regulatory
action level
event, or authorized control level event with respect to any foreign
insurer as determined under the RBC statute
applicable in the state of domicile of the insurer or, if no RBC statute is
in force in that state, under the provisions of this Article, if the chief
insurance regulatory official of the state of domicile of the foreign insurer
fails to require the foreign insurer to file an RBC Plan in the manner
specified under that state's RBC statute or, if no RBC statute is in force in that
state, under Section 35A-15, the Director may require the foreign insurer to
file an RBC Plan with the Director. In that event,
the failure of the foreign insurer to file an RBC Plan with the Director is
grounds to order the insurer to cease and desist from writing new insurance
business in this State.
(c) In the event of a mandatory control level event with respect to any
foreign insurer, if no domiciliary receiver has been appointed with respect to
the foreign insurer under the rehabilitation and liquidation statute applicable
in the state of domicile of the foreign insurer, the Director may make
application to the Circuit Court of Sangamon County or Cook County as permitted
under
Article XIII with respect to the liquidation of property of foreign insurers
found in this State, and the occurrence of the mandatory control level event
shall be considered adequate grounds for the application.

(Source: P.A. 88-364; 89-97, eff. 7-7-95.)
 
(215 ILCS 5/35A-45)
Sec. 35A-45.
Notices.
All notices by the Director to an insurer that may
result in regulatory action under this Article are effective upon dispatch if
transmitted by registered or certified mail, and are effective upon the
insurer's receipt thereof in the case of any other means of transmission.

(Source: P.A. 88-364.)
 
(215 ILCS 5/35A-50)
Sec. 35A-50.
Confidentiality and prohibition on announcements.
(a) All RBC Reports, to the extent the information therein is not required
to
be set forth in a publicly available annual statement schedule, and RBC
Plans, including the results or report of any examination or analysis of an
insurer performed under this Article and any Corrective Order issued by the
Director
pursuant to the examination or analysis, with respect to any domestic insurer
or foreign
insurer that are filed with the Director constitute information that might be
damaging to the insurer if made available to its competitors and
shall be kept confidential by the Director. This information shall not be made
public or be subject to subpoena, other than by the Director and then only for
the purpose of enforcement actions taken by the Director under this Code or
other provisions of the insurance laws of this State.
(b) It is the judgment of the legislature that the comparison of an
insurer's total adjusted capital to any of its RBC levels is a regulatory tool
that may indicate the need for possible corrective action with respect to the
insurer and not a means to rank insurers generally. Therefore, except as
otherwise required under the provisions of this Code, the disclosure, in any
manner or form, directly or indirectly, of information containing an assertion,
representation, or
statement regarding the RBC levels of any insurer or any component derived
in the calculation of RBC levels by any insurer, insurance producer, limited
insurance producer, broker, or other person engaged in any manner in the
insurance business would be misleading and is prohibited. In the event that a
materially false statement with respect to the comparison regarding an
insurer's total
adjusted capital to any of its RBC levels or an inappropriate comparison of any
other amount to the insurer's RBC levels is published in any written
publication
and the insurer is able to demonstrate to the Director with substantial proof
the falsity of the statement or the inappropriateness thereof, the insurer may
publish an announcement in a written publication if the sole purpose of the
announcement is to rebut the materially false statement.
(c) It is the further judgment of the legislature that the RBC
Instructions,
RBC Reports, Adjusted RBC Reports, RBC Plans, and Revised RBC Plans are
intended
solely for use by the Director in monitoring the solvency of insurers and the
need for possible corrective action with respect to insurers and shall not be
used by the Director for ratemaking or considered or introduced as evidence in
any rate proceeding or used by the Director to calculate or derive any
elements of an appropriate premium level or rate of return for any line of
insurance that an insurer or an affiliate is authorized to write.

(Source: P.A. 88-364; 89-97, eff. 7-7-95.)
 
(215 ILCS 5/35A-55)
Sec. 35A-55.
Provisions of Article supplemental; exemptions.
(a) The provisions of this Article are supplemental to the provisions of
any other laws of this State and do not preclude or limit other powers or
duties of the Director under any other laws.
(b) The Director may exempt from the application of this Article any
domestic property and casualty insurer that:
(c) The Director may exempt from the application of this Article any
company that is organized under Article IV of this Code, that writes direct
business only in this State, and that assumes no reinsurance in excess of 5% of
direct written premiums.
(d) The Director may exempt from the application of this Article any
domestic health organization upon a showing by the health organization of the
reasons for requesting the exemption and a determination by the Director of
good cause for an exemption.
(e) The Director may by rule impose upon any insurer exempted from the
application of this Article under subsection (b), (c), or (d) of this Section
conditions to the
exemption that require maintenance of adequate capital. These conditions shall
not exceed the requirements of this Article.

(Source: P.A. 91-549, eff. 8-14-99.)
 
(215 ILCS 5/35A-60)
Sec. 35A-60. Phase-in of Article.
(a) For RBC Reports filed
with
respect to
the December 31, 1993 annual statement, instead of the provisions of Sections
35A-15, 35A-20, 35A-25, and 35A-30,
the following provisions apply:
(b) For RBC Reports required to be filed by property and casualty
insurers with respect to the December 31, 1995 annual statement, instead of the
provisions of Sections 35A-15, 35A-20, 35A-25, and 35A-30,
the following provisions apply:
(c) For RBC Reports required to be filed by health organizations with
respect to the December 31, 1999 annual statement and the December 31, 2000
annual statement, instead of the provisions of
Sections 35A-15, 35A-20, 35A-25, and 35A-30, the following provisions apply:
This subsection does not apply to a health organization that provides or
arranges for a health care plan under which enrollees may access health care
services from contracted providers without a referral from their primary care
physician.
Nothing in this subsection shall preclude or limit other powers or duties of
the Director under any other laws.
(d) For RBC Reports required to be filed by fraternal benefit societies with respect to the December 31, 2013 annual
statement and the December 31, 2014 annual statement, instead
of the provisions of Sections 35A-15, 35A-20, 35A-25, and
35A-30, the following provisions apply:
Nothing in this subsection shall preclude or limit other powers or duties of
the Director under any other laws.
(Source: P.A. 100-201, eff. 8-18-17.)
 
(215 ILCS 5/35A-65)
Sec. 35A-65.
Liability of Director.
There shall be no liability on the
part of, and no cause of
action shall arise against, the Director or the Department or its employees or
agents for any action taken by them in the performance of their powers and
duties under this Article.

(Source: P.A. 89-97, eff. 7-7-95.)
 
(215 ILCS 5/35A-70)
Sec. 35A-70.
Severability.
The provisions of this Article are severable
under
Section 1.31 of the Statute on Statutes.

(Source: P.A. 89-97, eff. 7-7-95.)

Structure Illinois Compiled Statutes