In 1935 the New York Insurance Department introduced the concept of special contingency funds for certain types of insurance. Such requirements had first been introduced in 1925 for mutual workmen's compensation companies. Clear, consistent principles for these funds were not stated at the time, but their purpose seems to be to provide a cushion that may be used in time of serious financial difficulty.

In group life insurance, this fund is a “special contingency reserve” and is carried at the suggestion of the New York Department). For mutual casualty, nonprofit hospitalization and medical indemnity plans, and for reciprocal insurers, the fund is treated as “special contingent surplus”, and is a mandated substitute for the minimum capital required of stock insurers). The U.S. federal Life Insurance Company Income Tax Act of 1959 recognizes special credits of a similar nature for health, non-participating life and group life and health insurance coverages.

In all of these cases, the accumulations or credits are defined by a designated percentage of premiums). For the New York Department group life reserve and the Income Tax health and group life credit, a maximum is defined by a second percentage of the same annual premiums base. For the nonprofit plans' surplus, a similar maximum in terms of premium is used. However, in the case of mutual casualty companies, and of reciprocal insurers, the “special contingency surplus” must be built up to a defined absolute amount equal to the amount that would be required as capital of a stock company; there are no statutory provisions for withdrawing any part of such a fund once it is accumulated.