China Insurance Regulatory Commission Decree of the China Insurance Regulatory Commission No. 16 The Measures for the Administration of Insurance Protection Fund, which were deliberated and adopted at the chairmen’s executive meeting Chairman Wu Dingfu December 30, 2004 Measures on Governing Insurance Protection Fund Chapter I General Provisions Article 1 With a view of regulating the payment, administration and use of insurance protection fund, guaranteeing the interests of policyholders, Article 2 For the purpose of the present Measures, the “insurance companies” shall refer to the commercial insurance companies established upon For the purpose of the present Measures, the “insurance protection fund” refers to the statutory fund paid by insurance companies For the purpose of the present Measures, the “policyholders” shall refer to the parties of insurance contracts who have the power For the purpose of the present Measures, the “company with ceded policies”shall refer to a life insurance company that accepts the Article 3 The insurance protection fund shall be fallen into the protection fund of property insurance companies and the protection fund of The protection fund of property insurance companies shall be formed by the payments from property insurance companies, comprehensive The protection fund of life insurance companies shall be founded by the payments from life insurance companies, health insurance companies Article 4 The administration and use of the insurance protection fund shall adhere to the principles of openness, reasonableness and effectiveness. Article 5 The insurance protection fund shall be subject to the CIRC’s centralized management and planned use as a whole. Chapter II Payment Article 6 In the case of insurance business under the scope of relief from the insurance protection fund, an insurance company shall pay the (1) 1% of self-retaining premiums for the property insurance, accidental injury insurance and short-term health insurance; (2) 0.15% of self-retaining premiums for long-term life insurance with a guaranteed interest rate and long-term health insurance; (3) 0.05% of self-retaining premiums for long-term life insurance without a guaranteed interest rate; and (4) The payment proportion for other insurance business of insurance companies shall be separately prescribed by the CIRC. Article 7 The CIRC shall open a special account for the insurance protection fund, which shall be assessed on the basis of different accounts Article 8 An insurance company shall in time and sufficiently pay the insurance protection fund into the special account for the insurance protection (1) in case the insurance protection fund surplus of a property insurance company, comprehensive reinsurance company or property reinsurance (2) in case the insurance protection fund surplus of a life insurance company, health insurance company or life reinsurance company amounts Where the insurance protection fund surplus of an insurer reduces or its total assets increase and thus the proportion of the insurance The insurance protection fund surplus of an insurance company equals to the accumulatively paid insurance protection fund plus the Article 9 In case an insurance company is revoked or declared bankrupt and its insurance protection fund surplus is not enough for the relief Article 10 The insurance protection fund paid by an insurer shall be calculated on a yearly basis and be prepaid on a quarterly basis. The insurance protection fund shall be prepaid by an insurer within 15 working days after the following quarter, and shall settle Article 11 The CIRC may adjust the payment proportion, the upper limit of scale and the payment methods of the insurance protection fund on the Chapter III Administration and Supervision Article 12 The principles of safety, profitability and fluidity shall be adhered to in using the insurance protection fund, and the guarantee The use of insurance protection fund shall be confined to the bank deposits, dealings of government bonds and other forms as prescribed The CIRC may authorize a professional investment management institution for the use of insurance protection fund. Article 13 The insurance protection fund council shall undertake the responsibility for supervising the administration and use of insurance protection Article 14 The insurance protection fund council consists of such institutions as the insurance companies, the Legislative Affairs Office of The measures for the work of the insurance protection fund council shall be separately prescribed by the CIRC. Article 15 The CIRC shall, within five months after the end of each fiscal year, complete the audited financial report about the insurance protection Chapter IV Use Article 16 In case an insurance company is revoked or declared bankrupt, and its liquidation properties are insufficient for paying the policy-related (1) Policyholders’ losses that are no more than 50,000 yuan will be fully covered by the insurance protection fund; (2) For individual policyholders, in the case of the losses in excess of 50,000 yuan, the insurance protection fund will cover 90 percent The policyholders’ losses as mentioned in the preceding Paragraph refer to the balance between the policyholders’ policy-related benefits Article 17 In case a life insurance company is revoked or declared bankrupt, its life insurance contracts shall be transferred to another life Article 18 In case the liquidation assets of an insurance company that is revoked or declared bankrupt are insufficient to reimburse the policy-related (1) For individual policyholders, relief from the policy-related benefits after the transfer shall not exceed 90 percent of policy-related (2) For corporate policyholders, relief from the policy-related benefits after the transfer shall be no more than 80 percent of policy-related A company with ceded policies shall evaluate policyholders’ policy-related benefits after the transfer in light of the standards as Article 19 In case an insurance company is revoked or declared bankrupt, the policyholders shall sign agreements for transferring debts and credits After the liquidation, if the compensations obtained by the insurance protection fund exceed the paid relief, the insurance protection Article 20 In the event of a significant crisis facing the insurance industry that may seriously endanger social public interests and financial Article 21 The insurance protection fund will not cover losses from any of the following businesses of an insurance company: (1) insurance businesses that are directly undertaken overseas by an insurance company and inward transactions from abroad; (2) policy insurance businesses of an insurance company; and (3) any other insurance business as identified by the CIRC that is not under the scope of relief from the insurance protection fund. Chapter V Legal Liabilities Article 22 Any insurance company in violation of this Measures shall be ordered to correct and be imposed upon a fine of 50,000 yuan up to 300,000 The senior management personnel and persons directly responsible for the illegal acts shall be given warnings or ordered to be dismissed Chapter VI Supplementary Articles Article 23 The insurance companies shall, within three months as of the implementation day of this Measures, pay 50% of the submitted insurance Article 24 The power to interpret this Measures shall be vested in the CIRC. Article 25 The present Measures shall be implemented as of January 1, 2005. |
China Insurance Regulatory Commission
2004-12-30