Section 109. Suspension of payments into fund; temporary surcharge authorized

1. When as of the end of any quarterly period the amount of
  assets in the fund, as determined by the  superintendent  of  insurance,
  including any appropriation to such fund from the general fund equals or
  exceeds  seventy-four  million dollars, no further contributions to such
  fund shall be required to be made after that quarterly period, provided,
  however, that whenever as of any subsequent quarterly period the  amount
  of   such   assets  is  less  than  seventy-four  million  dollars  such
  contributions shall be resumed at the beginning  of  the  next  quarter.
  Thereafter  the  suspension  or  resumption  of  contributions  shall be
  governed by the foregoing provisions. During the period of time in which
  any loans to the fund made  pursuant  to  section  seven  thousand  four
  hundred  thirty-three-a of the insurance law are outstanding, any assets
  available after the payment of awards pursuant to  section  one  hundred
  nine-c  of  this  article  shall  be used to repay such loans and not be
  counted as assets for purposes of this section.
    2. Notwithstanding the provisions of subdivision one of this  section,
  for  each  of  the three month periods, commencing April first, nineteen
  hundred  ninety  and  ending  March   thirty-first,   nineteen   hundred
  ninety-five,  every  mutual  and every reciprocal carrier shall pay into
  the fund a surcharge  equal  to  one  per  centum  of  its  net  written
  premiums,  less  the  amount of dividends paid to policyholders, for the
  period of such return. Such  surcharge  shall  be  in  addition  to  any
  payments  which  may  be required pursuant to subdivision two of section
  one hundred eight of this chapter.