3. An insurer authorized to transact the kind of business specified in N.J.S.17B:17-3, N.J.S. 17B:17-4 or N.J.S. 17B:17-5 prior to and on the effective date of this act may apply to the commissioner for a temporary waiver of the applicable capital and surplus requirements set forth in section 2 of this act. The commissioner may, in his discretion, temporarily waive the applicable capital and surplus requirements for that insurer for a period of no more than five years, except that the insurer shall remain subject to capital and surplus requirements of no less amounts than those in effect immediately prior to the effective date of this act. In considering such a temporary waiver, the commissioner shall consider: the size of the insurer’s deficiency in meeting the applicable capital and surplus requirements; the adequacy of the insurer’s financial plan to meet the applicable capital and surplus requirements; and any other factors deemed appropriate by the commissioner.

L.1993,c.235,s.3.