Sec. 2203.255. REIMBURSEMENT OF ASSESSMENT OR CONTRIBUTION; PREMIUM TAX CREDIT. (a) Subject to commissioner approval, the association shall reimburse an assessment or contribution, with interest at a rate approved by the commissioner, to:
(1) the association members; or
(2) the state, to the extent that the members have recouped their assessments using premium tax credits as provided by Subsection (c).
(b) Pending recoupment or reimbursement of an assessment or contribution paid by a member to the association, the unrepaid balance of the assessment or contribution may be reflected in the member's books and records as an admitted asset of the member for all purposes, including exhibition in an annual statement under Section 862.001.
(c) To the extent a member has paid one or more assessments and has not received reimbursement from the association in accordance with Subsection (a), a credit against premium taxes under Chapter 221 is allowed at a rate of 20 percent a year for five successive years following the year in which the deficit was sustained. At the member's option, the tax credit may be taken over an additional number of years.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Structure Texas Statutes
Title 10 - Property and Casualty Insurance
Subtitle G - Pools, Groups, Plans, and Self-Insurance
Chapter 2203 - Medical Liability Insurance Joint Underwriting Association
Subchapter F. Financial Participation by Members and Policyholders
Section 2203.251. Deficit Recoupment
Section 2203.252. Assessment of Policyholders for Deficit Recoupment
Section 2203.253. Limitation on Reimbursement by Member for Deficit Recoupment
Section 2203.254. Contribution by Members for Sound Financial Operation
Section 2203.255. Reimbursement of Assessment or Contribution; Premium Tax Credit