(d) Insurers not subject to subdivision (c) of this section shall have their share of total New York excess profits computed in accordance with the following procedure:

1. (1) Each insurer's annual return on net worth shall be computed using the formulas and the industrywide values from section 166-1.6 of this Subpart, except that:

   1. (i) the Underwriting Gain Ratio_NYshall be replaced by the individual insurer's comparable Underwriting Gain Ratio (derived from New York's Loss and Expense Ratios); and
   2. (ii) the Dividends to Policyholders_CTY shall be replaced by the ratio of the individual insurer's total dividends paid on New York motor vehicle business to its New York earned premiums for the motor vehicle lines, multiplied by industrywide Earned Premium_CTY. Individual insurer New York dividend and earned premium data will be taken from page 14 of the insurer's annual statement; industrywide Earned Premium_CTY will be the value used in section 166-1.6 of this Subpart (as derived from Best's Aggregates and Averages).
2. (2) For each insurer, a six-year average of its annual rates of return on net worth (computed as in paragraph [1] of this subdivision) shall then be calculated, and 21.0 percent shall be subtracted from that average. The resulting figure, if positive, shall be divided by the average industrywide, countrywide earned premium-to-net worth ratio of the six-year period (i.e., the same value as computed in subdivision [a] of this section). This ratio shall then be multiplied by the individual insurer's six-year total direct earned premiums for New York motor vehicle insurance, to produce a total dollar amount. If the resulting figure, as calculated above, is not positive, the insurer's total dollar amount shall be set at zero, and the insurer shall be exempted from returning excess profits, in accordance with subdivision (c) of this section.
3. (3) The total dollar amount for each insurer, as calculated in paragraph (2) of this subdivision, shall be divided by the sum of the total dollar amounts similarly calculated for all insurers. The resulting ratio shall then be multiplied by the industrywide total dollar amount to be returned to New York policyholders (as calculated in subdivision [a] of this section) to determine the individual insurer's total dollar amount to be returned to its New York policyholders.

(f) Procedures that insurers shall follow in returning excess profits.

1. (1) Each insurer's share of total excess profits to be returned, as determined by the Department of Financial Services, shall be allocated to each of its current New York insureds who is of record as of the date of distribution, in accordance with a fair, practicable and nondiscriminatory plan for refunds or credits, which shall be established by such insurer.
2. (2) Distribution of excess profits to individual insureds shall be made among all of an insurer's New York motor vehicle business (including assigned risks and commercial risks).
3. (3) Insurers' allocation of excess profits to individual insureds shall be accomplished within 90 days of receipt of notification from the department pursuant to subdivision (e) of this section.