Section 5. Subject to the plan of operation, the Corporation shall establish and collect a percentage surcharge of up to five per cent on ordinary reinsurance charges in order to build up a supplemental special account within the Pollution Liability Reinsurance Fund. The proceeds of this account and its related investment income shall be used to discharge the Corporation's liabilities under reinsurance contracts in the event that, for any specific reporting year, the losses and related expenses exceed the Corporation's income obtained from ordinary reinsurance premium charges and investment income thereon.

When the accumulated amount in the special account, less anticipated expenditures, is expected to exceed twenty-five million dollars at the end of a calendar year, the surcharges shall be discontinued until the special account is depleted to an amount below twenty-five million dollars. Every five years, the commissioner shall determine the proper maximum accumulated amount to be kept in the special account for the next five years. This determination shall be based on, but not limited to factors including the previous experience in the operation of the special account.

In the event that for any specific reporting year the claim reserves established in the Reinsurance Fund from ordinary reinsurance charges, including reasonably related investment income, are determined with reasonable actuarial certainty to be in excess of the amounts actually required to pay claims and claim expenses, the surplus amount shall be transferred to the special account. Such determination shall be made no sooner than five years after the inception date of any reporting year.