1. (a) The directors of a domestic mutual insurer may, from time to time, apportion and pay or credit to its members dividends only out of that part of its surplus funds which represents net realized savings and net realized earnings in excess of the surplus required by law to be maintained.

2. (b) A dividend otherwise proper may be payable out of the savings and earnings even though the insurer’s total surplus is then less than the aggregate of its contributed surplus if payment is conditioned upon receipt of the commissioner’s approval and the insurer does not pay the dividend until the commissioner has done the following:

   1. (1) Approved the payment of the dividend, or
   2. (2) Not disapproved the payment of the dividend within 30 days after receipt of notice from the insurer of the declaration thereof.

(Acts 1971, No. 407, p. 707, §534; Acts 1994, No. 94-634, p. 1178, §2.)