1. A. An asset or a reduction in liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of Sections 3 [59A-12E-3 NMSA 1978] through 15 [59A-12E-15 NMSA 1978] of the Credit for Reinsurance Act shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer; provided that the superintendent may adopt by rule pursuant to Section 17 [59A-12E-17 NMSA 1978] of the Credit for Reinsurance Act specific additional requirements relating to or setting forth:

   1. (1) the valuation of assets or reserve credits;
   2. (2) the amount and forms of security supporting reinsurance arrangements described in Section 17 of the Credit for Reinsurance Act; and
   3. (3) the circumstances pursuant to which credit will be reduced or eliminated.

2. B. The reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, pursuant to a reinsurance contract with the assuming insurer as security for the payment of obligations thereunder, if the security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institution as defined in Paragraph (2) of Subsection E of Section 2 [59A-12E-2 NMSA 1978] of the Credit for Reinsurance Act. This security may be in the form of:

   1. (1) cash;
   2. (2) securities listed by the securities valuation office of the national association of insurance commissioners, including those deemed exempt from filing as defined by the purposes and procedures manual of the securities valuation office, and qualifying as admitted assets;
   3. (3) clean, irrevocable, unconditional letters of credit issued or confirmed by a qualified United States financial institution effective no later than December 31 of the year for which the filing is being made and in the possession of, or in trust for, the ceding insurer on or before the filing date of its annual statement;
   4. (4) letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation shall, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification or amendment, whichever first occurs; or
   5. (5) any other form of security acceptable to the superintendent.

History: Laws 2022, ch. 35, § 16.

ANNOTATIONS

Compiler's notes. — Laws 2022, ch. 35, § 16 was not enacted as part of the Insurance Code, but was compiled there for the convenience of the user.

Emergency clauses. — Laws 2022, ch. 35, § 20 contained an emergency clause and was approved March 2, 2022.