40-223.Fees for examinations; compensation andexpenses for examiners.Any person who makes any examination under the provisions of this act,except as provided in K.S.A. 40-110 and 40-253, and amendments thereto,mayreceive, as full compensation for such person's services, on a per diembasis an amount fixed by the commissioner, which shall not exceed theamount recommended by the national association of insurance commissioners,for such time necessarily and actually occupied in going to and returningfrom the place of such examination and for such time the examiner isnecessarily and actually engaged in making such examination including anyday within the regular workweek when the examiner would have been soengaged had the company or society been open for business, together withsuch necessary and actual expenses for traveling and subsistence as theexaminer shall incur because of the performance of such services. For thepurposes of this act, "necessary and actual expenses" shall be limited,whether for travel within the state or travel outside the state, to thoselimitations expressed in K.S.A. 75-3207, and amendments thereto,whichpertain to official travel outside the state. The daily charge shall becalculated by dividing the amount the examiner is authorized by thecommissioner of insurance to charge per week by the number of days in theregular workweek of the company or society being examined.
All of such compensation, expenses, the employer's share of thefederal insurance contributions act taxes, the employer's contributionto the Kansas public employees retirement system as provided in K.S.A.74-4920, and amendments thereto, the self-insurance assessment for theworkmen's compensation act as provided in K.S.A. 44-576, and amendmentsthereto, the employer's cost of the state health care benefits programunder K.S.A. 75-6507, and amendments thereto, a pro rata amountdeterminedby the commissionerto provide vacation and sick leave for the examiner not toexceed the number of daysallowed state officers and employees in the classified service pursuant toregulations promulgated in accordance with the Kansas civil service act,all outside consulting and data processing fees necessary to perform anyexamination, and a pro rata amount determined by the commissioner not toexceed an annual aggregate of $18,000 to fundthe purchase, maintenance and enhancement of examination equipment andcomputer software shall be paid to the commissioner of insurance by theinsurance company orsociety so examined, on demand of the commissioner. The amount paid forall outside consulting and data processing fees necessary to perform anyexamination, and the pro rata amount tofund the purchase of examination equipment and computer software shall notcollectively total more than $25,000 at any one company examinationincluding examination of its subsidiaries or combination thereof. Such demandshall beaccompanied by the sworn statement of the person making such examination,setting forth in separate items the number of days necessarily and actuallyoccupied in going to and returning from the place of such examination, thenumber of days the examiners were necessarily and actually engaged inmaking such examination including those days within the regular workweekwhile the examination was in progress and the company or society had closedfor business, and the necessary and actual expenses for traveling andsubsistence, incurred in and on account of such services. A duplicate ofevery such sworn statement shall be kept on file in the office of thecommissioner of insurance. All moneys so paid to the commissioner ofinsurance shall be remitted to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt ofeach such remittance, the state treasurer shall deposit the entire amount inthe state treasury to the credit of the insurance company examinationfund. The state treasurershall issue duplicate receipts therefor, one to be delivered to thecommissioner of insurance and the other to be filed with the director ofaccounts and reports.
History: L. 1927, ch. 231, 40-223; L. 1947, ch. 272, § 1; L.1953, ch. 225, § 1; L. 1957, ch. 273, § 1; L. 1963, ch. 259, § 1; L.1967, ch. 251, § 1; L. 1971, ch. 156, § 1; L. 1972, ch. 172, § 1; L.1974, ch. 186, § 1; L. 1977, ch. 158, § 1; L. 1980, ch. 128, §1; L. 1984, ch. 329, § 13;L. 1988, ch. 149, § 1;L. 1991, ch. 126, § 1;L. 2001, ch. 5, § 114; July 1.
40-223.Fees for examinations; compensation andexpenses for examiners.Any person who makes any examination under the provisions of this act,except as provided in K.S.A. 40-110 and 40-253, and amendments thereto,mayreceive, as full compensation for such person's services, on a per diembasis an amount fixed by the commissioner, which shall not exceed theamount recommended by the national association of insurance commissioners,for such time necessarily and actually occupied in going to and returningfrom the place of such examination and for such time the examiner isnecessarily and actually engaged in making such examination including anyday within the regular workweek when the examiner would have been soengaged had the company or society been open for business, together withsuch necessary and actual expenses for traveling and subsistence as theexaminer shall incur because of the performance of such services. For thepurposes of this act, "necessary and actual expenses" shall be limited,whether for travel within the state or travel outside the state, to thoselimitations expressed in K.S.A. 75-3207, and amendments thereto,whichpertain to official travel outside the state. The daily charge shall becalculated by dividing the amount the examiner is authorized by thecommissioner of insurance to charge per week by the number of days in theregular workweek of the company or society being examined.
All of such compensation, expenses, the employer's share of thefederal insurance contributions act taxes, the employer's contributionto the Kansas public employees retirement system as provided in K.S.A.74-4920, and amendments thereto, the self-insurance assessment for theworkmen's compensation act as provided in K.S.A. 44-576, and amendmentsthereto, the employer's cost of the state health care benefits programunder K.S.A. 75-6507, and amendments thereto, a pro rata amountdeterminedby the commissionerto provide vacation and sick leave for the examiner not toexceed the number of daysallowed state officers and employees in the classified service pursuant toregulations promulgated in accordance with the Kansas civil service act,all outside consulting and data processing fees necessary to perform anyexamination, and a pro rata amount determined by the commissioner not toexceed an annual aggregate of $18,000 to fundthe purchase, maintenance and enhancement of examination equipment andcomputer software shall be paid to the commissioner of insurance by theinsurance company orsociety so examined, on demand of the commissioner. The amount paid forall outside consulting and data processing fees necessary to perform anyexamination, and the pro rata amount tofund the purchase of examination equipment and computer software shall notcollectively total more than $25,000 at any one company examinationincluding examination of its subsidiaries or combination thereof. Such demandshall beaccompanied by the sworn statement of the person making such examination,setting forth in separate items the number of days necessarily and actuallyoccupied in going to and returning from the place of such examination, thenumber of days the examiners were necessarily and actually engaged inmaking such examination including those days within the regular workweekwhile the examination was in progress and the company or society had closedfor business, and the necessary and actual expenses for traveling andsubsistence, incurred in and on account of such services. A duplicate ofevery such sworn statement shall be kept on file in the office of thecommissioner of insurance. All moneys so paid to the commissioner ofinsurance shall be remitted to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt ofeach such remittance, the state treasurer shall deposit the entire amount inthe state treasury to the credit of the insurance company examinationfund. The state treasurershall issue duplicate receipts therefor, one to be delivered to thecommissioner of insurance and the other to be filed with the director ofaccounts and reports.
History: L. 1927, ch. 231, 40-223; L. 1947, ch. 272, § 1; L.1953, ch. 225, § 1; L. 1957, ch. 273, § 1; L. 1963, ch. 259, § 1; L.1967, ch. 251, § 1; L. 1971, ch. 156, § 1; L. 1972, ch. 172, § 1; L.1974, ch. 186, § 1; L. 1977, ch. 158, § 1; L. 1980, ch. 128, §1; L. 1984, ch. 329, § 13;L. 1988, ch. 149, § 1;L. 1991, ch. 126, § 1;L. 2001, ch. 5, § 114; July 1.
40-223.Fees for examinations; compensation andexpenses for examiners.Any person who makes any examination under the provisions of this act,except as provided in K.S.A. 40-110 and 40-253, and amendments thereto,mayreceive, as full compensation for such person's services, on a per diembasis an amount fixed by the commissioner, which shall not exceed theamount recommended by the national association of insurance commissioners,for such time necessarily and actually occupied in going to and returningfrom the place of such examination and for such time the examiner isnecessarily and actually engaged in making such examination including anyday within the regular workweek when the examiner would have been soengaged had the company or society been open for business, together withsuch necessary and actual expenses for traveling and subsistence as theexaminer shall incur because of the performance of such services. For thepurposes of this act, "necessary and actual expenses" shall be limited,whether for travel within the state or travel outside the state, to thoselimitations expressed in K.S.A. 75-3207, and amendments thereto,whichpertain to official travel outside the state. The daily charge shall becalculated by dividing the amount the examiner is authorized by thecommissioner of insurance to charge per week by the number of days in theregular workweek of the company or society being examined.
All of such compensation, expenses, the employer's share of thefederal insurance contributions act taxes, the employer's contributionto the Kansas public employees retirement system as provided in K.S.A.74-4920, and amendments thereto, the self-insurance assessment for theworkmen's compensation act as provided in K.S.A. 44-576, and amendmentsthereto, the employer's cost of the state health care benefits programunder K.S.A. 75-6507, and amendments thereto, a pro rata amountdeterminedby the commissionerto provide vacation and sick leave for the examiner not toexceed the number of daysallowed state officers and employees in the classified service pursuant toregulations promulgated in accordance with the Kansas civil service act,all outside consulting and data processing fees necessary to perform anyexamination, and a pro rata amount determined by the commissioner not toexceed an annual aggregate of $18,000 to fundthe purchase, maintenance and enhancement of examination equipment andcomputer software shall be paid to the commissioner of insurance by theinsurance company orsociety so examined, on demand of the commissioner. The amount paid forall outside consulting and data processing fees necessary to perform anyexamination, and the pro rata amount tofund the purchase of examination equipment and computer software shall notcollectively total more than $25,000 at any one company examinationincluding examination of its subsidiaries or combination thereof. Such demandshall beaccompanied by the sworn statement of the person making such examination,setting forth in separate items the number of days necessarily and actuallyoccupied in going to and returning from the place of such examination, thenumber of days the examiners were necessarily and actually engaged inmaking such examination including those days within the regular workweekwhile the examination was in progress and the company or society had closedfor business, and the necessary and actual expenses for traveling andsubsistence, incurred in and on account of such services. A duplicate ofevery such sworn statement shall be kept on file in the office of thecommissioner of insurance. All moneys so paid to the commissioner ofinsurance shall be remitted to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt ofeach such remittance, the state treasurer shall deposit the entire amount inthe state treasury to the credit of the insurance company examinationfund. The state treasurershall issue duplicate receipts therefor, one to be delivered to thecommissioner of insurance and the other to be filed with the director ofaccounts and reports.
History: L. 1927, ch. 231, 40-223; L. 1947, ch. 272, § 1; L.1953, ch. 225, § 1; L. 1957, ch. 273, § 1; L. 1963, ch. 259, § 1; L.1967, ch. 251, § 1; L. 1971, ch. 156, § 1; L. 1972, ch. 172, § 1; L.1974, ch. 186, § 1; L. 1977, ch. 158, § 1; L. 1980, ch. 128, §1; L. 1984, ch. 329, § 13;L. 1988, ch. 149, § 1;L. 1991, ch. 126, § 1;L. 2001, ch. 5, § 114; July 1.
