New York Consolidated Laws, Insurance Law - ISC § 4239. Allocation and reporting of income and expenses of life insurers

(a) In order to enable the superintendent to determine compliance with this chapter, he may issue reasonable regulations prescribing standards for the equitable allocation of income and expenses as among lines of business and as between investment expenses and insurance expenses.  No such regulation or amendment thereto shall be promulgated except upon notice to all insurers affected thereby, and after hearing.  Such regulation or amendment shall not preclude the use of other reasonable and equitable standards previously approved by the superintendent.  He may also promulgate regulations defining the items of income and expenses to be reported in each line of the annual statement.  Any regulation or amendment thereto shall be promulgated at least six months before the beginning of the calendar year in which the same shall take effect.

(b) The restrictions in subsection (a) hereof as to notice, hearing, and effective period shall not apply to such regulations or amendments as may be approved by the superintendent for calendar years as to which similar regulations or amendments have been adopted by the National Association of Insurance Commissioners.

(c) If the superintendent finds, after notice and hearing, that any such insurer has failed to comply with the requirements of this section, he may order such insurer to change its methods of reporting or to modify its basis of allocation so as to produce reasonable and equitable results.