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Senate File 2397

Partial Bill History

Bill Text

PAG LIN
  1  1                                        SENATE FILE 2397
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE OPERATION AND REGULATION OF CERTAIN
  1  5    INSURANCE COMPANIES, MISCELLANEOUS PROVISIONS RELATING
  1  6    TO SMALL GROUP HEALTH CARE COVERAGE, THE ABILITY OF
  1  7    CERTAIN INSURERS TO BRING AN ACTION IN CERTAIN
  1  8    INSTANCES, AND THE ELIMINATION OF COUNTERSIGNING
  1  9    RESIDENT AGENT PROVISIONS.
  1 10 
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12 
  1 13    Section 1.  NEW SECTION.  432.13  STATUTE OF LIMITATIONS.
  1 14    Within five years after the tax return is filed or within
  1 15 five years after the tax return became due, whichever is
  1 16 later, the commissioner of insurance shall examine the return
  1 17 and determine the tax.  An assessment or a claim for credit
  1 18 must be made within five calendar years after the annual tax
  1 19 filing is made.  For a five-year period preceding the current
  1 20 calendar year, a company may apply for a credit, or the
  1 21 commissioner may make an assessment, as appropriate.  The
  1 22 period of examination and determination of the correct amount
  1 23 of tax is unlimited in the case of a false or fraudulent
  1 24 return made with the intent to evade tax or in the case of a
  1 25 failure to file a return.
  1 26    Sec. 2.  Section 507C.32, Code 1997, is amended to read as
  1 27 follows:
  1 28    507C.32  REINSURER'S LIABILITY.
  1 29    1.  Notwithstanding a provision in the reinsurance contract
  1 30 or other agreement, the amount recoverable by the liquidator
  1 31 from reinsurers shall not be reduced as a result of
  1 32 delinquency proceedings.  Payment made directly to an insured
  1 33 or other creditor shall not diminish the reinsurer's
  1 34 obligation to the insurer's estate except when the reinsurance
  1 35 contract provided for direct coverage of a named insured and
  2  1 the payment was made in discharge of that obligation either of
  2  2 the following applies:
  2  3    a.  The contract or other written agreement specifically
  2  4 provides for another payee of the reinsurance in the event of
  2  5 the insolvency of the ceding insurer.
  2  6    b.  The assuming insurer, with the consent of the direct
  2  7 insured, has assumed the policy obligations of the ceding
  2  8 insurer as direct obligations of the assuming insurer to the
  2  9 payees under the policies and in substitution for the
  2 10 obligations of the ceding insurer to the payees.
  2 11    Sec. 3.  Section 508.5, subsection 1, Code 1997, is amended
  2 12 to read as follows:
  2 13    1.  A stock life insurance company shall not be authorized
  2 14 to transact business under this chapter with less than two
  2 15 five million five hundred thousand dollars capital stock fully
  2 16 paid for in cash and two million five hundred thousand dollars
  2 17 of capital and surplus paid in cash or invested as provided by
  2 18 law.  A stock life insurance company shall not increase its
  2 19 capital stock unless the amount of the increase is fully paid
  2 20 in cash.  The stock shall be divided into shares of not less
  2 21 than one dollar par value each.  A stock life insurance
  2 22 company authorized to do business in Iowa that undergoes a
  2 23 change of control as defined under chapter 521A shall maintain
  2 24 the minimum capital and surplus requirements mandated by this
  2 25 section.
  2 26    Sec. 4.  NEW SECTION.  508.31A  FUNDING AGREEMENTS.
  2 27    1.  A life insurance company organized under this chapter
  2 28 may issue funding agreements.  The issuance of a funding
  2 29 agreement under this section is deemed to be doing insurance
  2 30 business.  For purposes of this section, "funding agreement"
  2 31 means an agreement for an insurer to accept and accumulate
  2 32 funds and to make one or more payments at future dates in
  2 33 amounts that are not based on mortality or morbidity
  2 34 contingencies.  A funding agreement does not constitute life
  2 35 insurance, an annuity, or other insurance authorized by
  3  1 section 508.29, and does not constitute a security as defined
  3  2 in section 502.102.
  3  3    2.  a.  Funding agreements may be issued to the following:
  3  4    (1)  A person authorized by a state or foreign country to
  3  5 engage in an insurance business or a subsidiary of such
  3  6 business.
  3  7    (2)  A person for the purpose of funding any of the
  3  8 following:
  3  9    (a)  Benefits under an employee benefit plan as defined in
  3 10 the federal Employee Retirement Income Security Act of 1974,
  3 11 29 U.S.C. } 1001 et seq., maintained in the United States or
  3 12 in a foreign country.
  3 13    (b)  Activities of an organization exempt from taxation
  3 14 pursuant to section 501c of the Internal Revenue Code, or any
  3 15 similar organization in any foreign country.
  3 16    (c)  A program of the United States government, another
  3 17 state government or political subdivision of such state, or of
  3 18 a foreign country, or any agency or instrumentality of any
  3 19 such government, political subdivision, or foreign country.
  3 20    (d)  An agreement providing for periodic payments in
  3 21 satisfaction of a claim.
  3 22    (e)  A program of an institution which has assets in excess
  3 23 of twenty-five million dollars.
  3 24    b.  A funding agreement shall be for a total amount of not
  3 25 less than one million dollars.
  3 26    c.  An amount under a funding agreement shall not be
  3 27 guaranteed or credited except upon reasonable assumptions as
  3 28 to investment income and expenses and on a basis equitable to
  3 29 all holders of funding agreements of a given class.  Such
  3 30 funding agreements shall not provide for payments to or by the
  3 31 insurer based on mortality or morbidity contingencies.
  3 32    d.  Amounts paid to the insurer pursuant to a funding
  3 33 agreement, and proceeds applied under optional modes of
  3 34 settlement, may be allocated by the insurer to one or more
  3 35 separate accounts pursuant to section 508A.1.
  4  1    3.  A funding agreement is a class 3 claim under section
  4  2 507C.42, subsection 3.
  4  3    4.  The commissioner may adopt rules to implement funding
  4  4 agreements.
  4  5    Sec. 5.  Section 508A.1, unnumbered paragraph 1, Code 1997,
  4  6 is amended to read as follows:
  4  7    A domestic life insurance company organized under chapter
  4  8 508 may establish one or more separate accounts, and may
  4  9 allocate thereto to such accounts amounts, including without
  4 10 limitation proceeds applied under optional modes of settlement
  4 11 or under dividend options, to provide for life insurance or
  4 12 annuities, and benefits incidental thereto to such life
  4 13 insurance or annuities, payable in fixed or variable amounts
  4 14 or both, and may hold and accumulate funds pursuant to funding
  4 15 agreements, subject to the following:
  4 16    Sec. 6.  Section 508C.3, subsection 3, Code 1997, is
  4 17 amended by adding the following new paragraph:
  4 18    NEW PARAGRAPH.  i.  A funding agreement under section
  4 19 508.31A.
  4 20    Sec. 7.  Section 508C.5, subsection 13, Code 1997, is
  4 21 amended to read as follows:
  4 22    13.  "Unallocated annuity contract" means a guaranteed
  4 23 investment contract, deposit administration contract,
  4 24 unallocated funding agreement, or any other annuity contract
  4 25 which is not issued to and owned by an individual, except to
  4 26 the extent of any annuity benefits guaranteed to an individual
  4 27 by an insurer under such a contract or certificate.
  4 28    Sec. 8.  Section 513B.2, subsection 8, Code Supplement
  4 29 1997, is amended by adding the following new paragraph:
  4 30    NEW PARAGRAPH.  l.  A short-term limited duration policy.
  4 31    Sec. 9.  Section 515.8, subsection 1, Code 1997, is amended
  4 32 to read as follows:
  4 33    1.  An insurance company other than a life insurance
  4 34 company shall not be incorporated to transact business upon
  4 35 the stock plan with less than two five million five hundred
  5  1 thousand dollars of capital and surplus, the entire amount of
  5  2 which shall be fully paid up in cash and invested as provided
  5  3 by law.  An insurance company other than a life insurance
  5  4 company shall not increase its capital stock unless the amount
  5  5 of the increase is fully paid up in cash.  The stock shall be
  5  6 divided into shares of not less than one dollar each.  An
  5  7 insurance company authorized to do business in Iowa that
  5  8 undergoes a change of control as defined under chapter 521A
  5  9 shall maintain the minimum capital and surplus requirements
  5 10 mandated by this section.
  5 11    Sec. 10.  NEW SECTION.  515A.15B  APPLICANTS UNABLE TO
  5 12 PROCURE INSURANCE THROUGH ORDINARY METHODS.
  5 13    An agreement among licensed insurers to offer workers'
  5 14 compensation insurance for applicants unable to procure
  5 15 workers' compensation insurance through ordinary methods shall
  5 16 be administered by a rating organization licensed under this
  5 17 chapter.
  5 18    Sec. 11.  Section 515E.7, Code 1997, is amended to read as
  5 19 follows:
  5 20    515E.7  PURCHASING GROUPS EXEMPTIONS.
  5 21    A purchasing group which meets the criteria established
  5 22 under the federal Act is exempt from any law of this state
  5 23 relating to the creation of groups for the purchase of
  5 24 insurance, the prohibition of group purchasing, the
  5 25 countersignature requirement as provided in sections 515.22
  5 26 and 515.52, or any law that would discriminate against a
  5 27 purchasing group or its members.  An insurer is exempt from
  5 28 any law of this state which prohibits providing, or offering
  5 29 to provide, to a purchasing group or its members advantages
  5 30 based on their loss and expense experience not afforded to
  5 31 other persons with respect to rates, policy forms, coverages,
  5 32 or other matters.  A purchasing group is subject to all other
  5 33 applicable laws.
  5 34    Sec. 12.  NEW SECTION.  516A.5  TOLLING OF STATUTE.
  5 35    Commencement of an action by an insured under a provision
  6  1 included in an automobile liability or motor vehicle liability
  6  2 insurance policy pursuant to section 516A.1 tolls the statute
  6  3 of limitations for purposes of the insurer's subrogated cause
  6  4 of action against a party, as defined in section 668.2.
  6  5 Section 668.8 is also applicable to an action commenced as
  6  6 described in this section.
  6  7    Sec. 13.  Sections 515.10, 515.22, 515.52 through 515.61,
  6  8 and 515E.6, Code 1997, are repealed.  
  6  9 
  6 10 
  6 11                                                             
  6 12                               MARY E. KRAMER
  6 13                               President of the Senate
  6 14 
  6 15 
  6 16                                                             
  6 17                               RON J. CORBETT
  6 18                               Speaker of the House
  6 19 
  6 20    I hereby certify that this bill originated in the Senate and
  6 21 is known as Senate File 2397, Seventy-seventh General Assembly.
  6 22 
  6 23 
  6 24                                                             
  6 25                               MARY PAT GUNDERSON
  6 26                               Secretary of the Senate
  6 27 Approved                , 1998
  6 28 
  6 29 
  6 30                         
  6 31 TERRY E. BRANSTAD
  6 32 Governor
     

Text: SF02396                           Text: SF02398
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