Md. Code Regs. 05.06.06.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 05.06.06.04 - Reserves

A. Types of Reserves.

(1) All insurance issued by the Fund is backed by an insurance reserve.

(2) There currently exist the following six separate reserves:

(a) One for multifamily insurance;

(b) Three for single family insurance;

(c) One for general reserve insurance;

(d) One for business reserve insurance; and

(e) An unallocated reserve for moneys not yet transferred to a specific reserve.

(3) The three separate reserve funds that have been established to back types of single family insurance are:

(a) Single family regular program insurance;

(b) Revitalization program insurance formerly known as pilot program insurance; and

(c) Single family home and energy loan insurance.

B. Claims on Reserves.

(1) Except for the unallocated reserve, each specified category of reserve is maintained as a reserve to pay claims, when necessary or desirable to do so, arising from its respective category of insurance, and is not subject to claims arising from other categories of insurance except as provided in §B(2) of this regulation.

(2) All reserves are subject to payment of claims arising from single family regular and revitalization program insurance issued before August 20, 1975.

(3) The unrestricted unallocated reserve may be used, as provided in §C of this regulation, for the payment of claims arising under any category of insurance.

C. Earnings on the Reserves. All investment earnings on each of the seven reserves which are retained by the Fund are credited to the unallocated reserve. The moneys in the unallocated reserve may be:

(1) Allocated and transferred by the Secretary into any or each of the identified reserves;

(2) Restricted by the Secretary as a reserve for the payment of a claim or potential claim under any category of insurance;

(3) Used by the Fund to make payment of a claim, in whole or in part, under any category of insurance; or

(4) Retained in the unallocated reserve pending allocation, transfer, restriction, or use.

D. Allocations to Reserves. The Secretary may issue determinations from time to time to make the discretionary allocations, transfers, or restrictions to or within the reserve funds.

Md. Code Regs. 05.06.06.04

Regulation .04A amended effective November 3, 2008 (35:22 Md. R. 1956); amended effective 45:6 Md. R. 317, eff. 3/26/2018