1. (a) The fees to be charged for the Commissioner's actions on documents submitted to the Commissioner are determined according to the document classes below. The fees for each document class are set forth in the Fee Table in subsection (b).

   1. (1) “Health Insurance.” Group, blanket or individual documents that provide health insurance coverage as defined in subdivision (b) of Ins. Code § 106 and disclosure material required by Ins. C. § 10270.3.

      1. (A) Includes documents which also provide coverages described elsewhere in this Section, such as group documents providing life insurance in addition to “health insurance” coverage.
      2. (B) Includes rates and risk classifications for individual “health insurance” policies.

      3. (C) Includes small employer health insurance including, but not limited to:

         1. 1. Rates;
         2. 2. Rating plans;
         3. 3. Lists and statements of plan benefit designs, including statements of the factors used to establish rates for each benefit plan design or statements of the standard employee risk rate for each category of each benefit plan design and the highest and lowest risk adjustment factors to be used in determining rates for each benefit plan design;
         4. 4. Lists of associations to which or through which small employer health insurance benefit plans are marketed and information pertaining thereto.
      4. (D) Does not include documents providing only dental and/or vision coverage or documents providing only coverage for treatment of accidental injuries unless they are included with filings of documents that are not so limited.
      5. (E) Does not include documents providing stop-loss coverage to self-insured plans or to providers in capitated plans.

      This class of documents:

   2. (2) “Group and Blanket Life Insurance and Group and Blanket Non-health Disability Insurance.” Blanket life and group life documents. Blanket disability, tuition refund and group disability documents. Documents providing stop-loss coverage to self-insured plans or to providers in capitated plans. This document class does not include annuities.
   3. (3) “Individual Disability, Non-health Insurance.” Individual disability documents and rates and risk classifications therefor.

   4. (4) “Medicare Supplement Insurance.”

      1. (A) Group or individual documents providing Medicare supplement coverage.
      2. (B) Documents advertising Medicare supplement coverage.
      3. (C) Rate filings and filings of experience under previously-approved Medicare supplement insurance rate schedules demonstrating compliance with loss ratio standards for in-force policies.
      4. (D) Other filings with the Commissioner related to the marketing or rating of Medicare supplement insurance as required by law.

   5. (5) “Long-term Care Insurance.”

      1. (A) Group or individual documents providing “long-term care insurance” as defined in Ins. C. § 10231.2.
      2. (B) Rates and other documents required to be filed under Ins. Code §§ 10236.11 and 10236.13 for individual and group policies.
      3. (C) Documents demonstrating compliance with Ins. C. §§ 10231.6(c) and 10232(b).
      4. (D) Documents advertising long-term care insurance.
      5. (E) Other filings with the Commissioner related to the marketing or rating of long-term care insurance as required by law.

   6. (6) “Credit Life and Credit Disability Insurance.”

      1. (A) Credit life and/or credit disability documents which are non-standard or are required to be approved pursuant to §§ 2249.2 or 2249.5 of this Chapter.
      2. (B) Voluntary downward deviated rates; renewal of previously-approved upward deviated rates and actuarially equivalent rates; upward deviated rates and mandatory downward deviated rates.

   7. (7) “Supplemental Life Benefits.”

      1. (A) 1. Supplemental Benefits for Accidental Death or Dismemberment or Accidental Loss of Sight. Language in life insurance policies, endowment contracts, or annuity contracts, or contracts supplemental thereto, that provides an additional benefit in case of death or dismemberment or loss of sight by accident as defined in Ins. C. § 10271. This category includes language in applications reflecting any additional underwriting criteria for issue of such provisions.

         1. 2. Other Accelerated Death Benefits. Language in life insurance policies, or contracts supplemental thereto, that provides an accelerated death benefit other than as defined in Ins. Code § 10295 or other than for long-term care. This category includes language in applications reflecting any additional underwriting criteria for issue of such provisions.
      2. (B) Waivers of Premium and Waivers of Surrender Charge Benefits. Language in life insurance policies, endowment contracts, or annuity contracts, or contracts supplemental thereto, that provides a waiver of premium benefit, waiver of monthly deduction benefit, or special surrender benefit, as defined in Ins. C. § 10271.1. This category includes language in applications reflecting any additional underwriting criteria for issue of such provisions.
      3. (C) Accelerated Death Benefits. Language in life insurance policies, or contracts supplemental thereto, that provides an accelerated death benefit as defined in Ins. C. § 10295. This category includes language in applications reflecting any additional underwriting criteria for issue of such provisions.
      4. (D) Language in life insurance policies, endowment contracts, or annuity contracts, or contracts supplemental thereto, that provides long-term care benefits by providing an accelerated death benefit or enhanced annuity benefit. This category includes language in applications reflecting any underwriting criteria for issue of such provisions.
   8. (8) “Variable Life and Variable Annuities.” Group and individual variable annuity documents. Group and individual variable life insurance documents.
   9. (9) “Fraternals.” Fraternal benefit society disability documents.
   10. (10) “Workers' Compensation Insurance Forms.” Workers' compensation rates shall be filed as provided for in § 2509.30 et seq. of this Chapter.
   11. (11) Every document, including documents attached thereto or incorporated therein, which pertains to coverages defined in Ins. C. §§ 101, 106 and 109, which is required to be approved or filed and for which no fee is otherwise provided.

   12. (12) “Nonvariable Life Insurance Policies and Nonvariable Annuity Contracts Subject to Nonforfeiture Laws.” Nonvariable life insurance documents subject to Ins. C. § 10163.35.

       Nonvariable annuity documents subject to Ins. C. § 10168.93. Modified guaranteed annuities. Filings of these documents are exempt from §§ 2208, 2209, 2214, 2215, 2218 and 2218.2 through 2218.10.

   13. (13) “Grants and Annuities.” Annuity contracts of grants and annuities societies. See Ins. C. § 11522 to compute fees for more than 10 documents filed within a calendar quarter. Filings of these documents are exempt from §§ 2203, 2205 and 2208 through 2218.10.

   14. (14) “Reciprocal or Inter-insurance Exchanges.”

       1. (A) Powers of attorney and amendments and revisions thereto of reciprocal or inter-insurance exchanges. Filings of these documents are exempt from §§ 2203, 2205 and 2208 through 2218.10.
       2. (B) Documents required to be filed with the Commissioner under subdivisions (b), (c) and (d) of Ins. C. § 1320 shall be subject to these regulations as if they were being submitted by stock insurers.
   15. (15) “Fraternal Filings.” Articles of incorporation, constitutions and by-laws of fraternal benefit societies and amendments thereto or revisions thereof. Filings of these documents are exempt from §§ 2203, 2205 and 2208 through 2218.10.
   16. (16) “Motor Club Service Contracts.” Original service contract, including application and membership card. (See Ins. C. § 12168 for fees for amended contracts, applications and membership cards.) Filings of these documents are exempt from §§ 2203, 2205 and 2208 through 2218.10.

2. (b) Fee Table:

   Subdivision of § 2202(a)

   Policy

   Certificate

   Rider or Insert Page

   Application

   Enrollment Form

   New Issue Rates

   Rate Changes*

   See Note Below

   Other Documents

   (1)

   $4,900

   $2,450

   $1,100

   $1,520

   $260

   $1,100

   $1,450

   1

   $1,100

   (2)

   3,590

   1,860

   660

   1,420

   330

   NA

   NA

   660

   (3)

   5,620

   NA

   1,260

   1,260

   300

   1,260

   1,660

   1,260

   (4)

   3,180

   1,650

   590

   1,260

   300

   1,260

   1,260

   2

   590

   (5)

   4,960

   2,480

   1,110

   1,540

   260

   1,110

   2,600

   3

   1,110

   (6)

   1,860

   1,860

   880

   1,420

   330

   See Note 4

   880

   (7)(A)

   Language in policy or rider: 1,870

   1,960

   NA

   NA

   NA

   660

   (7)(B)

   Language in policy or rider: 2,070

   1,960

   NA

   NA

   NA

   660

   (7)(C)

   Language in policy or rider: 3,160

   1,960

   NA

   1,110

   1,110

   660

   (7)(D)

   Language in policy or rider: 4,960

   1,960

   NA

   1,110

   2,600

   660

   (8)

   3,060

   1,590

   560

   1,210

   280

   NA

   NA

   560

   (9)

   NA

   4,570

   1,090

   1,090

   330

   NA

   NA

   5

   1,090

   (10)

   990

   230

   230

   NA

   NA

   See § 2509.30 et seq.

   230

   (11)

   660

   (12)

   Individual Life Policies, Annuity Contracts, and Group Annuity Certificates: 1,590

   Riders and Insert Pages: 230

   230

   (13)

   60 (See Ins. Code § 11522 when more than 10 documents are filed within a calendar quarter.)

   (14)(A)

   760

   (15)

   380

   (16)

   1,830

   NOTES

   * Per experience group.

   Note 1. Small employer health insurance rating plans: $1,110 per submission. Lists of small employer health insurance benefit plan designs; lists of associations to which or through which small employer health insurance benefit plans are marketed and information pertaining thereto: $510 per list or amendment thereto.

   Note 2. Annual filings of experience under previously-approved Medicare supplement insurance rate schedules demonstrating compliance with loss ratio standards for in-force policies: $780 per experience group. Section 2203(h) does not apply. Documents advertising Medicare supplement insurance: $590 per advertisement.

   Note 3. Documents demonstrating compliance with Ins. C. §§ 10231.6(c) and 10232(b): $860 per association. Documents advertising long-term care insurance: $520 per advertisement.

   Note 4. Voluntary downward deviated rates: $350 per experience group. Actuarially equivalent rates: $1,090 per experience group. Upward deviated rates and mandatory downward deviated rates: $2,190 per experience group. Renewals of previously-approved upward deviated rates and mandatory downward deviated rates: $1,090 per experience group.

   Note 5. In products issued by fraternals, long-term care benefits funded by reducing life insurance benefits or by waiving annuity withdrawal charges: $2,190 per document. Applications with additional underwriting criteria for such long-term benefits: $1,960 per application.

3. (c) “Minimum Fee.” A minimum fee of $880 shall be charged for each submission for which one Document Submission Form is included or for which one filing fee invoice is prepared.

4. (d) “Change of Company Name or Merger.” Where an insurer changes its name or merges into another insurer and previously filed or approved documents are revised to reflect such name change or the name of the merger survivor (and address and company officers, as applicable) and no other changes whatsoever are made in such documents, the insurer or merger survivor shall submit a Document Submission Form listing such documents in lieu of submitting the revised documents. The Document Submission Form shall be accompanied by a cover letter signed by an executive officer of the insurer or merger survivor showing the previous approval dates of the documents and attesting that no changes have been made to them other than to the insurer's name (and address and company officers, as applicable). The fee shall be $1,090 per submission.

   Previously filed or approved documents which are revised only to reflect a change in home office address or company officers need not be submitted.

5. (e) The Commissioner may increase or decrease the fees established in this Article by issuing a Bulletin setting forth the modified fees at least 90 days prior to their effective date. The Commissioner shall not issue more than one such Bulletin in a fiscal year. Any fee increases or decreases made pursuant to this subdivision shall be by a uniform percentage for all fees established in this Article rounded to the next ten dollars, except that the Commissioner may establish a different percentage change if the Commissioner determines that a uniform percentage change is not appropriate with respect to any document class.

   Any fee changes made pursuant to this subdivision shall not, in conjunction with other moneys received or projected to be received for the unit or units processing the documents subject to such fees, exceed the respective amounts calculated by the Department's Budget Office as necessary to cover all direct and indirect costs of the unit or units for the next succeeding fiscal year. Where moneys received or projected to be received for the unit or units processing the documents subject to such fees are insufficient to meet the respective amounts calculated by the Department's Budget Office as necessary to cover all direct and indirect costs of the unit or units during the then current fiscal year, any fee increases made during the then current fiscal year shall not, in conjunction with those moneys, exceed the amounts calculated by the Budget Office.

Note: Authority cited: Sections 742.43, 779.21, 10168.92, 10192.3, 10234, 10292, 10327, 10506, 10506.3, 10704, 12921.6 and 12973.9, Insurance Code. Reference: Sections 742.42, 779.8, 795.5, 1320, 9080.1, 10112.5, 10113.95(c), 10123.36, 10123.135, 10123.137(d), 10133.5, 10163.35, 10168.93, 10181.3, 10192.13(a)(7), 10192.14(b)(1), 10192.15, 10192.19, 10192.22, 10198.61, 10205, 10225, 10231.2, 10231.6, 10232, 10234.9, 10234.93, 10234.97, 10236.11, 10236.13, 10270, 10270.1, 10270.2, 10270.3, 10270.5, 10270.507, 10270.57, 10270.9, 10270.93, 10271, 10271.1, 10290, 10292, 10295.2, 10436, 10506, 10705, 10717, 10753.05, 10753.17, 11011, 11027, 11029, 11066, 11069, 11522, 11658, 12250, 12921.6 and 12973.9, Insurance Code.

History

1. Amendment of subsections (a) and (b) filed 1-9-86; designated effective 2-2-86 pursuant to Government Code Section 11346.2(d) (Register 86, No. 2).

2. Amendment of section and repealer and new Note filed 8-26-96 as an emergency; operative 9-3-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-97 or emergency language will be repealed by operation of law on the following day.

3. Editorial correction of History 2 (Register 97, No. 7).

4. Certificate of Compliance as to 8-26-96 order, including amendment of section and Note, transmitted to OAL 12-27-96 and filed 2-11-97 (Register 97, No. 7).

5. Amendment of subsections (a)(5)(E), (a)(12) and (b)-(d) and Note filed 3-29-2010; operative 3-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 14).

6. Amendment of subsections (b)-(e) filed 2-13-2012; operative 3-28-2012 (Register 2012, No. 7).

7. Amendment of section and Note filed 2-4-2016; operative 4-1-2016 (Register 2016, No. 6).

8. Change without regulatory effect amending subsection (a) filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.