Cal. Code Regs. tit. 10 § 2203

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2203 - Fee Computation Rules
(a) The fee for a "policy" (including fraternal benefit society certificates) is for the policy alone. A separate fee shall be charged for every other document (e.g., contract, application, enrollment form, rider, endorsement, amendment, insert policy page, certificate or other evidence or notice of insurance, reports and other filings pertaining to health insurance, statement of variability, schedule of rates and classification of risks except for workers' compensation insurance, actuarial memorandum, advertisement, and any modification thereto) as set forth in § 2202(b). The exceptions to this rule are as follows:
(1) If both rates and an actuarial memorandum are filed together, one fee shall be charged for both documents.
(2) If more than one subdivision of § 2202(a) applies to a document, the fee for the document shall be the sum of the fees set forth in § 2202(b) for all subdivisions of § 2202(a) that apply to the document.
(b) "Revised Documents." The fee for a document shall not be reduced or discounted when the document is a revised version of a document previously approved or acknowledged for filing by the Commissioner.
(c) "Substantially Similar Documents." The fee for a document shall not be reduced or discounted when the document is substantially similar to another document in the same filing or to a document previously filed by the same company or an affiliated company and acted upon by the Commissioner.
(d) "Simultaneous Filings by Affiliated Insurers." Where documents which are identical other than company name, address and officers, are submitted simultaneously by affiliated insurers and the cover letters so state, fees for one such insurer's submission shall be computed as otherwise provided and the greater of one half that amount or the minimum fee shall be charged for each other insurer's submission.
(e) The fee charged for a document is based on the content of the document rather than on the number of documents with which the document will be used. Therefore, subject to subdivision 2203(a)(2), only one fee shall be charged for a document, regardless of the number of documents with which it will be used.
(f) The fee for a "wrap-around" group policy submitted at the same time as the certificate(s) which are incorporated by reference therein is one-half the fee otherwise provided for.
(g) Fees for submissions of all documents described in subdivisions (1) through (12) of Section 2202(a) shall be increased by 10 percent of their original amount for each time a submission is resubmitted following its second substantive rejection by the Commissioner. For the purpose of this subdivision, a new objection to text previously submitted as part of the filing shall not be a "substantive rejection" unless new text in the resubmission clarifies the previously submitted text so that it is now objectionable.
(h) Where a rate filing applies to multiple experience groups and the same rating methodology is applied to the rates for more than one such experience group, the fee for one experience group shall be computed as otherwise provided and the fee for each remaining experience group subject to that rating methodology shall be one-quarter of that for the first experience group.

Cal. Code Regs. Tit. 10, § 2203

1. Amendment of subsections (b) (2) and (c) filed 1-9-86; designated effective 2-2-86 pursuant to Government Code Section 11346.2 (d) (Register 86, No. 2).
2. Amendment of section and repealer and new NOTE filed 8-26-96 as an emergency; operative 9-3-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-97 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 2 (Register 97, No. 7).
4. Certificate of Compliance as to 8-26-96 order, including amendment of subsections (d) and (g), new subsection (h), and amendment of NOTE, transmitted to OAL 12-27-96 and filed 2-11-97 (Register 97, No. 7).
5. Amendment of subsection (b) and NOTE filed 3-29-2010; operative 3-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 14).
6. Amendment of section and NOTE filed 2-4-2016; operative 4-1-2016 (Register 2016, No. 6).

Note: Authority cited: Sections 742.43, 779.21, 10168.92, 10192.3, 10234, 10292, 10327, 10506, 10506.3, 10704, 12921.6 and 12973.9, Insurance Code. Reference: Sections 742.42, 779.8, 795.5, 1320, 9080.1, 10112.5, 10113.95(c), 10123.36, 10123.135, 10123.137(d), 10133.5, 10163.35, 10168.93, 10181.3, 10192.13(a)(7), 10192.14(b)(1), 10192.15, 10192.19, 10192.22, 10198.61, 10205, 10225, 10231.2, 10231.6, 10232, 10234.9, 10234.93, 10234.97, 10236.11, 10236.13, 10270, 10270.1, 10270.2, 10270.3, 10270.5, 10270.507, 10270.57, 10270.9, 10270.93, 10271, 10271.1, 10290, 10292, 10295.2, 10436, 10506, 10705, 10717, 10753.05, 10753.17, 11011, 11027, 11029, 11066, 11069, 11522, 11658, 12250, 12921.6 and 12973.9, Insurance Code.

1. Amendment of subsections (b) (2) and (c) filed 1-9-86; designated effective 2-2-86 pursuant to Government Code Section 11346.2(d) (Register 86, No. 2).
2. Amendment of section and repealer and new Note filed 8-26-96 as an emergency; operative 9-3-96 (Register 96, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-2-97 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 97, No. 7).
4. Certificate of Compliance as to 8-26-96 order, including amendment of subsections (d) and (g), new subsection (h), and amendment of Note, transmitted to OAL 12-27-96 and filed 2-11-97 (Register 97, No. 7).
5. Amendment of subsection (b) and Note filed 3-29-2010; operative 3-29-2010 pursuant to Government Code section 11343.4(Register 2010, No. 14).
6. Amendment of section and Note filed 2-4-2016; operative 4/1/2016 (Register 2016, No. 6).