Effective - 28 Aug 2021
382.177. Liquidity stress test, filing of — scope criteria — NAIC compliance. — 1. The ultimate controlling person of every insurer subject to registration and also scoped into the NAIC liquidity stress test framework shall file the results of a specific year's liquidity stress test. The filing shall be made to the lead state insurance director of the insurance holding company system as determined by the procedures within the Financial Analysis Handbook adopted by the NAIC.
2. The NAIC liquidity stress test framework includes scope criteria applicable to a specific data year. These scope criteria are reviewed at least annually by the NAIC's financial stability task force or its successor. Any change to the NAIC liquidity stress test framework or to the data year for which the scope criteria are to be measured shall be effective on January first of the year following the calendar year in which such changes are adopted. Insurers meeting at least one threshold of the scope criteria are considered scoped into the NAIC liquidity stress test framework for the specified data year unless the lead state insurance director, in consultation with the NAIC financial stability task force or its successor, determines the insurer shall not be scoped into the framework for that data year. Similarly, insurers that do not trigger at least one threshold of the scope criteria are considered scoped out of the NAIC liquidity stress test framework for the specified data year unless the lead state insurance director, in consultation with the NAIC financial stability task force or its successor, determines the insurer shall be scoped into the framework for that data year. Regulators wish to avoid having insurers scoped into and out of the NAIC liquidity stress test framework on a frequent basis, the lead state insurance director, in consultation with the financial stability task force or its successor, shall assess this concern as part of the determination for an insurer.
3. The performance of, and filing of the results from, a specific year's liquidity stress test shall comply with the NAIC liquidity stress test framework's instructions and reporting templates for that year and any lead state insurance director determinations, in conjunction with the financial stability task force or its successor, provided within the framework.
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(L. 2021 S.B. 6)