Title 34, Chapter 9, Section 162
(a) A fund formed pursuant to this article shall possess and
thereafter maintain a minimum surplus of not less than $200,000.00.
(b) Any fund established prior to July 1, 1995, which has satisfied
the surplus requirement of this Code section by utilization of a
surety bond shall replace such bond with cash or cash equivalent
within 60 months of the date such bond was submitted to the
(c) Any fund established prior to July 1, 1995, which had received
from the Commissioner a waiver of surplus pursuant to subsection (b)
of this Code section as it existed prior to July 1, 1995, shall have
until July 1, 1998, to replace such waiver with actual surplus and
provide evidence of such surplus to the Commissioner.
(d) At the discretion of the board of the fund, any surplus
exceeding the requirements of this Code section and the total of all
other liabilities of the fund may be returned to the members of the
fund. The board of the fund shall notify the Commissioner by letter
within ten days following the return of any surplus.