Sec. 96.4. Allocations to the account

(a) If provided for in the plan approved by the superintendent, an insurer may, subject to the provisions of section 96.8 of this Part, make an initial allocation of specified assets or funds to the surplus management account, based on either a retrospective accumulation of formula charges to surplus funds or a prospective determination of that portion of current surplus funds that the insurer does not deem necessary to maintain within each line of business.

(b) An insurer may allocate to the surplus management account extraordinary realized gains. Such allocation shall not be made without the prior approval of the superintendent, either as part of the plan or upon specific application.

(c) An insurer may make subsequent allocations to the account under rules set forth in the plan approved by the superintendent.