The plan must establish and maintain loss reserves in an amount deemed appropriate by the Commissioner. Plans in existence and actually operating in a sound manner for a period of at least 3 years prior to July 1, 1991, may maintain a reserve amount, which combined with surplus, will be 35% of claims paid by such plan in the immediate preceding year. The 35% level combined surplus/reserve may be deemed appropriate by the Commissioner so long as a determination is made that the insured employees/employer plan is in sound financial condition.
Ga. Comp. R. & Regs. R. 120-2-50-.11
O.C.G.A. Secs. 33-2-9. 33-50-7, 33-50-10.