Insurance Code § 887.406

Sec. 887.406. INCREASE OF RESERVES. (a) If an association does not have in its mortuary fund the reserves required by this subchapter, the association's board of directors by appropriate action shall increase assessment rates on insurance certificates in force by advancing the age of each insured from the age at the date the certificate is issued or from the age previously advanced or otherwise equitably or reasonably adjust assessment rates to correct the reserve inadequacy. The board shall take that action not later than the 30th day after the date the reserves are computed. (b) An association may make an assessment rate adjustment under Subsection (a) at any time if it appears that a reserve inadequacy will exist as of December 31 of the year in which the rate adjustment is made. (c) The commissioner shall order an association to comply with this chapter. (d) If the board of directors does not comply with Subsection (a), the commissioner shall treat the association as insolvent. Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.