(a) A domestic insurer may not pay any extraordinary dividend or make any other extraordinary distribution to its shareholders until
(1) 30 days after the director has received notice of the declaration of the dividend or distribution and has not within that period disapproved its payment; or
(2) the director has approved its payment within the 30-day period.
(b) For purposes of this section, an extraordinary dividend or distribution includes a dividend or distribution of cash or other property, the fair market value of which together with that of other dividends or distributions made within the preceding 12 months exceeds the lesser of (1) 10 percent of the insurer’s surplus as regards policyholders as of December 31 of the preceding year; or (2) the net gain from operations of the insurer, if the insurer is a life insurer, or the net investment income, if the insurer is not a life insurer, for the 12-month period ending December 31 of the preceding year; but does not include pro rata distributions of any class of the insurer’s own securities. In determining whether a dividend or distribution is extraordinary, an insurer other than a life insurer may carry forward net income from the previous two calendar years that has not already been paid out as dividends. The carry forward provision shall be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less dividends paid in the second and immediate preceding calendar years.
(c) Notwithstanding AS 21.69.490, an insurer may declare an extraordinary dividend or distribution that is conditional upon the director’s approval. A declaration confers no rights upon shareholders until
(1) the director has approved the payment of the dividend or distribution; or
(2) the director has not disapproved the payment within the 30-day period referred to in (a) of this section.