The department shall establish and maintain a procedure under which the department, at least one (1) time each year, reviews the ordinary shareholder dividends paid by each domestic insurer to determine whether dividends paid by the insurer are reasonable in relation to the following:

1. (1) The adequacy of the level of surplus as regards policyholders of the insurer remaining after the payment of dividends.
2. (2) The quality of the earnings of the insurer and the extent to which the reported earnings of the insurer include extraordinary items, such as surplus relief, reinsurance transactions, and reserve destrengthening.

As added by P.L.130-1994, SEC.4 and P.L.116-1994, SEC.8.