N.Y. Comp. Codes R. & Regs. tit. 11, § 96.2 – Establishment of account.

(a) An insurer may establish a surplus management account by resolution duly authorized by its Board of Directors, in accordance with a plan approved by the superintendent. Nothing contained in this Part shall be construed:
1. (1) to restrict or broaden the authority of an insurer to accumulate, apportion or manage its surplus funds, or to make prudent determinations as to the manner in which its assets are invested; or
2. (2) to relieve companies establishing a surplus management account from any statutory requirement that each policy or contract shall appear to be self-supporting on reasonable assumptions as to mortality, morbidity, interest, expenses or other appropriate factors.
(b) A surplus management account approved in accordance with this Part may be shown as a separate column in the “Analysis of Operations by Lines of Business” section of the company's annual statement.
(c) Assets allocated to a surplus management account are to be considered part of an insurer's general account, and, as such, are available to support all liabilities for which the insurer's general account is chargeable.