A mutual life insurance company’s divisible surplus available for payment of dividends to the company’s policyholders may not include:
(1) any part of the company’s unencumbered surplus that has been:
(A) allocated from the company’s earned surplus;
(B) transferred from the company’s contingency reserve; or
(C) otherwise acquired by the company;
(2) if the company was organized after September 5, 1955, any part of the company’s unencumbered surplus required to comply with § 882.301; or
(3) if the company’s unencumbered surplus is less than $25,000, the part of the company’s earned surplus for the preceding calendar year in excess of 75 percent of the earned surplus.