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Familiar refrain: as the NAIC considers its 2007 budget, insurance industry concerns of years past echo once more.


Key Points

* The NAIC NAIC

See National Association of Investors Corporation (NAIC).
 2007 proposed budget includes surplus of $56.2 million, nearing the total revenue of $63.4 million.

* Some fear the focus on revenue generation diminishes the NAIC's mission to serve the public interest.

* The NAIC argues that the strength of its bottom line benefits consumers as well as insurers.

As dependable as the call to the hounds and falling leaves this time of year, so, too, is the alarm that's raised by insurance industry advocates over the annual budget of the National Association of Insurance Commissioners The National Association of Insurance Commissioners (NAIC) is an Internal Revenue Code Section 501(c)(3) non-profit organization which seeks to organize the regulatory and supervisory efforts of the various state insurance commissioners from around the United States. .

With concerns ranging from the organization's expanding database services to a budget surplus that has grown to nearly equal the total annual budget, each year the industry's refrain seems to be the same.

Consider Jack Ramirez' admonition Any formal verbal statement made during a trial by a judge to advise and caution the jury on their duty as jurors, on the admissibility or nonadmissibility of evidence, or on the purpose for which any evidence admitted may be considered by them.  in 1996, when he was president of what was then the National Association of Independent Insurers. Speaking of a three-year crusade by State Farm Group and Farmers Insurance Group to protest increases in the NAIC's database fees, Ramirez Ramirez may refer to:
  • Ramirez (Portugal), a Portuguese canned fish producer company
  • Ramirez (Skies of Arcadia), a character from the video game Skies of Arcadia
  • Ramirez (surname), people with the surname Ramirez:
 said that while the NAIC had made progress in opening up the budget process, the organization still had a long way to go.

"The only conclusion that can be drawn from recent events ... is that the future course of the NAIC with respect to its budget, spending, accountability and the database fees is still unclear," he said.

Fast forward to the NAIC's 2007 proposed budget, now being vetted by the industry, and see how the song remains the same.

"A place to hide a tree is in a forest. A place to hide a book is in a library. The place to hide a number, or the lack of a number, is in a lot of numbers," said Michael Michael, archangel
Michael (mī`kəl) [Heb.,=who is like God?], archangel prominent in Christian, Jewish, and Muslim traditions. In the Bible and early Jewish literature, Michael is one of the angels of God's presence.
 Lovendusky, associate general counsel for the American Council of Life Insurers The American Council of Life Insurers (ACLI) is a Washington-based lobbying and trade group for the life insurance industry. ACLI represents 373 insurance companies that account for 93 percent of the U.S. life insurance industry's total assets. . "For all of the NAIC's transparency (1) The quality of being able to see through a material. The terms transparency and translucency are often used synonymously; however, transparent would technically mean "seeing through clear glass," while translucent would mean "seeing through frosted glass." See alpha blending.  to its budget process, it's it's  

1. Contraction of it is.

2. Contraction of it has. See Usage Note at its.


it's it is or it has
it's be ~have
 remarkable how difficult it is to find meaningful facts, say, about database fees, or how much surplus is sloshing around over there."

Of all the line items that make up the NAIC's budget, "other income," database fees and surplus garner the most attention.

Lines of Growth

Accounting for the largest percentage (40%) of revenues in the proposed 2007 budget are database fees, which since 1995 have increased from $17.34 million to $24.47 million, a 2.9% compounded annual growth rate. This includes the state producer licensing database, which grew from 1,500 to 2.2 million records between 1998 and 2005, increasing the NAIC's collection and disbursement DISBURSEMENT. Literally, to take money out of a purse. Figuratively, to pay out money; to expend money; and sometimes it signifies to advance money.
     2.
 of licensing fees on behalf of states to $101 million a year.

And while not the largest item of revenue, "other income" has seen a greater increase than any other. This item has recorded a 25.76% compounded annual growth rate--from $413,836 in 1995 to a projected $6.48 million in 2007. Populating the category are administrative service fees; rental payments from the NAIC's National Insurance Producer Registry The configuration database in all 32-bit versions of Windows that contains settings for the hardware and software in the PC it is installed in. The Registry is made up of the SYSTEM.DAT and USER.DAT files. Many settings previously stored in the WIN.INI and SYSTEM. ; and charges to vendors with telecommunication telecommunication

Communication between parties at a distance from one another. Modern telecommunication systems—capable of transmitting telephone, fax, data, radio, or television signals—can transmit large volumes of information over long distances.
 links to certain states via the NAIC's Frame Relay A high-speed packet switching protocol used in wide area networks (WANs). Providing a granular service of up to DS3 speed (45 Mbps), it has become popular for LAN to LAN connections across remote distances, and services are offered by most major carriers. .

Meanwhile, surplus, labeled as unrestricted net assets Net assets

The difference between total assets on the one hand and current liabilities and noncapitalized long-term liabilities on the other hand.


net assets

See owners' equity.
, grew from $21.77 million in 1995 to a projected $56.2 million in the 2007 proposed budget. That's a 158% total increase and a 8.2% compounded annual growth rate. The 2007 amount is enough to fund any state insurance department budget for one year, save for California California (kăl'ĭfôr`nyə), most populous state in the United States, located in the Far West; bordered by Oregon (N), Nevada and, across the Colorado River, Arizona (E), Mexico (S), and the Pacific Ocean (W). , New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 and Florida Florida, state, United States
Florida (flôr`ĭdə, flŏr`–), state in the extreme SE United States. A long, low peninsula between the Atlantic Ocean (E) and the Gulf of Mexico (W), Florida is bordered by Georgia and
.

Expenses have seen similar growth. At $36.1 million, salaries and benefits account for 64% of the proposed 2007 budget. Included within that amount is $22.9 million in salaries alone, up from $12.8 million in 1995, a 7.17% compounded annual growth rate.

Catherine J. Weatherford, the NAIC's executive vice president and chief executive officer, cautioned those who criticize crit·i·cize  
v. crit·i·cized, crit·i·ciz·ing, crit·i·ciz·es

v.tr.
1. To find fault with: criticized the decision as unrealistic. See Usage Note at critique.
 the NAIC's surplus to first consider that many of the very trade organizations doing the criticizing are themselves holding upward of more than; above.

See also: Upward
 150% in reserves. She makes it clear as well that the NAIC's reserving goal is not arbitrary.

"We spent six months working with a consultant and with our members in dealing with our short-term Short-term

Any investments with a maturity of one year or less.


short-term

1. Of or relating to a gain or loss on the value of an asset that has been held less than a specified period of time.
 and long-term Long-term

Three or more years. In the context of accounting, more than 1 year.


long-term

1. Of or relating to a gain or loss in the value of a security that has been held over a specific length of time. Compare short-term.
 risks, because that's what reserves are based on: risk," Weatherford said. "They gave us a target of 80% liquidity. We look at that and think what would happen if there were another 9/11, when we lost our own offices in New York City New York City: see New York, city.
New York City

City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S.
 and had to completely rebuild. And Hurricane Katrina Editing of this page by unregistered or newly registered users is currently disabled due to vandalism.  taught us that we needed funds immediately to be able to support those states impacted in the Gulf region."

But the industry's concerns have had less to do with the growth than with its impetus Impetus is a stimulus or impulse, a moving force that sparks momentum.

Impetus may also refer to:
  • Theory of impetus, an obsolete scientific theory on projectile motion, superseded by the modern theory of inertia
.

Nonprofit A corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive.

Nonprofits are also called not-for-profit corporations. Nonprofit corporations are created according to state law.
 vs. Profit

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the Internal Revenue Service, the NAIC was approved for 501(c)(3) tax-exempt status in 1999. Records show it filed a Form 990 for tax year 1999 indicating zero on all income lines.

Subsequent submissions of Form 990--the "Return of Organization Exempt From Income Tax" form, which discloses financial information about an organization--weren't necessary, as the organization was granted a waiver The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished.

The term waiver is used in many legal contexts.
 as a government affiliate under IRS An abbreviation for the Internal Revenue Service, a federal agency charged with the responsibility of administering and enforcing internal revenue laws.  Revenue Procedure 95-48, an IRS spokeswoman said.

"It's a growing concern that dominates; that the NAIC is not operating as a nonprofit trade association ... it's increasingly looking like a software data business," Lovendusky said. "There's no need for that type of organization to have $56 million sitting around of our members' money."

Not so, said Weatherford. All the items on the balance sheet and the functions within are there because of demand, she said.

"The NAIC budget reflects the regulators' commitment to improvements in state regulation," Weatherford said, "the improvements that the industry said that they demand, that they need, that they have to have to be able to continue to support state regulation. You can't speak out of both sides of your mouth and demand that there is reformation Reformation, religious revolution that took place in Western Europe in the 16th cent. It arose from objections to doctrines and practices in the medieval church (see Roman Catholic Church) and ultimately led to the freedom of dissent (see Protestantism).  and improvements and efficiency, and then bang on bang on - (Or "pound on"). To stress-test a piece of hardware or software: "I banged on the new version of the simulator all day yesterday and it didn't crash once. I guess it is ready for release."  these same people because they are committing financial support to the initiatives that the consumer community and that the regulated community demands."

In some cases, it's the pattern of spending that has irked insurers, said Bill Boyd Bill Boyd is:
  • Bill Boyd (gambler) gambler
  • Bill Boyd (casino operator) CEO of Boyd Gaming Corporation
  • Bill Boyd (baseball) - Major league baseball player.
  • Bill 'Cowboy Rambler' Boyd
, financial regulation manager for the National Association of Mutual Insurance Companies.

The 2007 budget, for example, seems to exemplify ex·em·pli·fy  
tr.v. ex·em·pli·fied, ex·em·pli·fy·ing, ex·em·pli·fies
1.
a. To illustrate by example: exemplify an argument.

b.
 a shift back to large increases, he said.

"I would observe that significant increases have commenced again. There was a more or less subdued sub·due  
tr.v. sub·dued, sub·du·ing, sub·dues
1. To conquer and subjugate; vanquish. See Synonyms at defeat.

2. To quiet or bring under control by physical force or persuasion; make tractable.

3.
 period in terms of year-to-year increases. That appears to be ending now," Boyd said. "Continued increases of this measure will provoke pro·voke  
tr.v. pro·voked, pro·vok·ing, pro·vokes
1. To incite to anger or resentment.

2. To stir to action or feeling.

3. To give rise to; evoke: provoke laughter.
 the industry into revolt REVOLT, crim. law. The act of congress of April 30, 1790, s. 8, 1 Story's L. U. S. 84, punishes with death any seaman who shall lay violent hands upon his commander, thereby to hinder or prevent his fighting in defence of his ship, or goods committed to his trust, or shall make a revolt ."

And while Boyd argues that NAIC fees, along with state fees and such activities as market-conduct examinations, serve to drain the industry's pocketbook--a cost that gets passed on to the policyholder--not all fault the NAIC for its innovative method of survival.

Consumer advocate Birny Birnbaum, executive director of the Center for Economic Justice, said it's central to the NAIC's independence to have a cache that doesn't depend upon the insurance industry. "In the NAIC's defense, it's important to generate revenue so that they're not dependent on database fees," Birnbaum said. "Otherwise, the industry could threaten to withhold with·hold  
v. with·held , with·hold·ing, with·holds

v.tr.
1. To keep in check; restrain.

2. To refrain from giving, granting, or permitting. See Synonyms at keep.

3.
 database fees and put the NAIC out of business."

On the other hand, Birnbaum said, the NAIC shouldn't make the act of generating revenue its primary goal.

Other budget items being eyed by the industry include revenue increases, such as those for "Education," which have increased from $711,523 in 1998 to a projected $1 million in the 2007 proposed budget, and "Meetings," which has seen revenue grow from $1.74 million in 1998 to a projected $2.78 million in 2007.

In contrast, Birnbaum complains, some non-revenue-generating budget lines appear to be getting short shrift short shrift
n.
1. Summary, careless treatment; scant attention: These annoying memos will get short shrift from the boss.

2. Quick work.

3.
a.
, such as "Market Regulation," which at a projected cost of $866,386 in 2007, is the leanest item listed in the general fund budget by division.

"When you think about all of their efforts in going before Congress to defend state regulation by touting touting

the making of personal representations by a veterinarian to persons who are not clients in an attempt to solicit their business.
 consumer protection, then you look at where they actually spend their money, you fend fend  
v. fend·ed, fend·ing, fends

v.tr.
1. To ward off. Often used with off: fend off an attack.

2. Archaic To defend.

v.
 they spend their money on selling data and lobbying the federal government," Birnbaum said. "The smallest amount of money they spend is on market regulation. And that's the thing they say is the reason for state (versus federal) insurance regulation."

[GRAPHIC OMITTED]
National Association of Insurance Commissioners' Revenues and Expenses
1998-2007

Account                              1998          1999          2000

Revenues                      $43,644,716   $44,028,315   $47,440,639
Expenses                      $40,087,117   $42,091,930   $44,535,930

Revenues
Account                              1998          1999          2000

State Assessments              $1,485,485    $1,544,528    $1,601,316
Database Fees/contributions    19,705,175    19,967,504    19,998,446
Publications, data sales       10,507,989    12,806,543    12,774,894
Service Income                  5,578,067     4,643,330     6,951,886
Meetings                        1,746,757     1,858,252     1,696,973
Interest                        3,192,921     1,331,534     1,476,037
Education                         711,153     1,015,560     1,546,377
Other Income                      717,169       861,064     1,394,710

Total Revenue                 $43,644,716   $44,028,315   $47,440,639

Expenses
Account                              1998          1999          2000

Salaries                      $15,772,356   $16,905,183   $17,966,709
Temporary Personnel               626,690       781,284       616,200
Payroll Taxes                   1,205,643     1,249,784     1,292,446
Benefits                        2,866,163     3,402,178     3,564,243
Employee Development              441,009       386,997       424,496
Professional Services           2,390,693     2,257,080     2,074,671
Computer Services               2,067,287     1,965,296     1,904,631
Travel                          1,368,263     1,361,088     1,660,305
Examiner/Analyst Team             144,052       172,506       107,770
Occupancy                       2,882,370     3,267,597     3,577,660
Equipt./Software Rental and     1,839,420     1,999,590     2,079,956
  Maintenance
Depreciation                    1,993,081     1,797,185     1,951,208
Insurance                         179,009       194,990       186,862
Telephone                         370,074       346,479       339,304
Supplies                          572,167       504,500       554,296
Postage                           339,516       322,030       272,100
Library                           167,062       274,089       352,906
Printing                        1,365,314     1,233,547     1,624,032
Meetings                          823,981       833,088     1,038,896
Education Programs                359,431       447,302       609,942
Communications and Training       319,419       382,147       343,516
Other Expenses                  1,994,117     2,007,990     1,993,781

Total Expenses                $40,087,117   $42,091,930   $44,535,930

Account                              2001          2002

Revenues                      $46,298,216   $49,917,012
Expenses                      $43,806,331   $46,648,360

Revenues
Account                              2001          2002

State Assessments              $1,656,994    $1,746,789
Database Fees/contributions    20,358,959    22,981,041
Publications, data sales       12,538,079    12,485,430
Service Income                  7,038,676     6,538,952
Meetings                        1,357,315       188,141
Interest                          298,193     2,151,986
Education                         974,921       840,793
Other Income                    2,075,079     2,983,880

Total Revenue                 $46,298,216   $49,917,012

Expenses
Account                              2001          2002

Salaries                      $19,954,890   $21,832,708
Temporary Personnel               544,984       538,688
Payroll Taxes                   1,428,509     1,578,667
Benefits                        3,395,825     4,653,612
Employee Development              475,801       661,724
Professional Services           1,773,797     3,172,571
Computer Services               2,133,899     1,877,576
Travel                          1,179,964     1,428,178
Examiner/Analyst Team              88,204        78,461
Occupancy                       3,567,114     3,640,298
Equipt./Software Rental and     2,166,219     1,867,927
  Maintenance
Depreciation                    2,277,672     3,837,606
Insurance                         214,015       326,701
Telephone                         372,500       433,598
Supplies                          526,417       566,015
Postage                           124,746       214,216
Library                           332,043       420,340
Printing                        1,094,075     1,107,430
Meetings                          721,096       818,132
Education Programs                357,174       416,119
Communications and Training       395,795       515,319
Other Expenses                    681,592    -3,337,526

Total Expenses                $43,806,331   $46,648,360

Account                              2003          2004

Revenues                      $58,234,435   $61,390,511
Expenses                      $54,104,909   $55,232,946

Revenues
Account                              2003          2004

State Assessments              $1,815,610    $1,868,656
Database Fees/contributions    24,366,126    24,914,375
Publications, data sales       13,460,855    15,239,660
Service Income                  8,576,114     8,647,330
Meetings                        1,869,100     1,727,426
Interest                        3,474,937     2,275,550
Education                         798,451       785,700
Other Income                    3,873,242     5,931,814

Total Revenue                 $58,234,435   $61,390,511

Expenses
Account                              2003          2004

Salaries                      $22,941,038   $24,199,651
Benefits                        7,460,664     7,662,064
Rental and Maintenance          5,657,807     6,308,431
Professional Services           5,658,172     5,681,146
Depreciation                    3,699,072     3,603,346
Travel & Transportation         1,769,835     1,909,957
Office Services                 1,618,496     1,610,807
Printing                        1,806,052     1,205,718
Education and Training            949,203     1,086,563
Meetings                          978,536       964,410
Temporary Personnel               425,553       532,951
Insurance & Taxes                 394,748       394,411
Other                             159,748       197,397
Bad Debt Expense                  585,985      -123,906

Total Expenses                $54,104,909   $55,232,946

Account                              2005          2006        2007 *

Revenues                      $59,231,565   $59,339,189   $63,380,432
Expenses                      $56,315,622   $58,995,281   $62,674,841

Revenues
Account                              2005          2006        2007 *

State Assessments              $1,910,113    $1,968,635    $2,015,609
Database Fees/contributions    25,609,165    24,239,191    24,470,912
Publications, data sales       14,244,226    14,484,775    14,488,796
Service Income                  9,285,127     9,604,552    10,734,358
Meetings                        1,984,000     2,094,901     2,780,791
Interest                          792,717     1,019,950     1,397,162
Education                         773,750       916,270     1,013,990
Other Income                    4,632,467     5,010,915     6,478,814

Total Revenue                 $59,231,565   $59,339,189   $63,380,432

Expenses
Account                              2005          2006        2007 *

Salaries                      $26,025,428   $27,358,932   $29,422,286
Benefits                        7,662,360     8,017,355     8,285,576
Rental and Maintenance          6,401,780     7,055,368     7,118,947
Professional Services           5,360,354     4,723,581     4,610,196
Depreciation                    3,666,293     3,976,638     4,286,219
Travel & Transportation         2,012,845     2,535,633     2,338,903
Office Services                 1,464,884     1,386,224     1,556,656
Printing                          190,878       190,232       226,698
Education and Training          1,222,434     1,362,214     1,483,043
Meetings                          902,357       898,944     1,768,224
Temporary Personnel               472,743       531,488       551,667
Insurance & Taxes                 355,190       434,774       452,045
Other                             228,076       248,898       254,381
Bad Debt Expense                  350,000       275,000       320,000

Total Expenses                $56,315,622   $58,995,281   $62,674,841

* Projected

Source: National Association of Insurance Commissioners

NAIC Budget Surplus 1998-2007

Surplus grew from $21.8 million in 1995
to a projected $56.2 million in 2007.
That's a 158% total increase and
a 8.2% compounded annual
growth rate.

($ Millions)

1988     10.50
1990     13.60
1995     21.77
2000     35.50
2001     34.92
2002     36.98
2003     41.82
2004     50.18
2005     54.35
2006     55.49
2007 *   56.20

* Projected

Source: NAIC

Note: Table made from line graph.
COPYRIGHT 2006 A.M. Best Company, Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
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Title Annotation:Regulatory/Law
Comment:Familiar refrain: as the NAIC considers its 2007 budget, insurance industry concerns of years past echo once more.(Regulatory/Law)
Author:Barrett, Eleanor
Publication:Best's Review
Geographic Code:1USA
Date:Nov 1, 2006
Words:2527
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