As Amended
SEC. 83-23-205. Applicability of article.
(1) This article shall provide coverage for the policies and contracts specified in subsection (2)(a) of this section:
(a) To persons who, regardless of where they reside (except for nonresident certificate holders under group policies or contracts), are the beneficiaries, assignees or payees of the persons covered under subparagraph (b); and
(b) To persons who are owners of or certificate holders under such policies or contracts; or, in the case of unallocated annuity contracts, to the persons who are the contract holders, and who:
(i) Are residents; or
(ii) Are not residents, but only under all of the following conditions:
1. The insurers which issued such policies or contracts are domiciled in this state;
2. Such insurers never held a license or certificate of authority in the states in which such persons reside;
3. Such states have associations similar to the association created by this article; and
4. Such persons are not eligible for coverage by such associations.
(2)
(a) This article shall provide coverage to the persons specified in subsection (1) of this section for direct, nongroup life, health, annuity and supplemental policies or contracts, for certificates under direct group policies and contracts, and for unallocated annuity contracts issued by member insurers, except as limited by this article. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration contracts, unallocated funding agreements, allocated funding agreements, structured settlement agreements, lottery contracts and any immediate or deferred annuity contracts.
(b) This article shall not provide coverage for:
(i) Any portion of a policy or contract not guaranteed by the insurer, or under which the risk is borne by the policy or contract holder;
(ii) Any policy or contract of reinsurance, unless assumption certificates have been issued;
(iii) Any portion of a policy or contract to the extent that the rate of interest on which it is based:
1. Averaged over the period of four (4) years prior to the date on which the association becomes obligated with respect to such policy or contract, exceeds a rate of interest determined by subtracting two (2) percentage points from Moody's Corporate Bond Yield Average averaged for that same four-year period or for such lesser period if the policy or contract was issued less than four (4) years before the association became obligated; and
2. On and after the date on which the association becomes obligated with respect to such policy or contract, exceeds the rate of interest determined by subtracting three (3) percentage points from Moody's Corporate Bond Yield Average as most recently available;
(iv) Any plan or program of an employer, association or similar entity to provide life, health or annuity benefits to its employees or members to the extent that such plan or program is self-funded or uninsured, including but not limited to benefits payable by an employer, association or similar entity under:
1. A Multiple Employer Welfare Arrangement as defined in Section 514 of the Employee Retirement Income Security Act of 1974, as amended;
2. A minimum premium group insurance plan;
3. A stop-loss group insurance plan; or
4. An administrative services only contract;
(v) Any portion of a policy or contract to the extent that it provides dividends or experience rating credits, or provides that any fees or allowances be paid to any person, including the policy or contract holder, in connection with the service to or administration of such policy or contract;
(vi) Any policy or contract issued in this state by a member insurer at a time when it was not licensed or did not have a certificate of authority to issue such policy or contract in this state;
(vii) Any unallocated annuity contract issued to an employee benefit plan protected under the federal Pension Benefit Guaranty Corporation; and
(viii) Any portion of any unallocated annuity contract which is not issued to or in connection with a specific employee, union or association of natural persons benefit plan or a government lottery.
(3) The benefits for which the association may become liable shall in no event exceed the lesser of:
(a) The contractual obligations for which the insurer is liable or would have been liable if it were not an impaired or insolvent insurer; or
(b)
(i) With respect to any one (1) life, regardless of the number of policies or contracts:
1. Three Hundred Thousand Dollars ($300,000.00) in life insurance death benefits, but not more than One Hundred Thousand Dollars ($100,000.00) in net cash surrender and net cash withdrawal values for life insurance;
2. One Hundred Thousand Dollars ($100,000.00) in health insurance benefits, including any net cash surrender and net cash withdrawal values;
3. One Hundred Thousand Dollars ($100,000.00) in the present value of annuity benefits, including net cash surrender and net cash withdrawal values.
(ii) With respect to each individual participating in a governmental retirement plan established under Section 401(k), 403(b) or 457 of the United States Internal Revenue Code covered by an unallocated annuity contract or the beneficiaries of each such individual if deceased, in the aggregate, One Hundred Thousand Dollars ($100,000.00) in present value annuity benefits, including net cash surrender and net cash withdrawal values.
Provided, however, that in no event shall the association be liable to expend more than Three Hundred Thousand Dollars ($300,000.00) in the aggregate with respect to any one (1) individual under paragraphs (b)(i) and (b)(ii) above.
(iii) With respect to any one (1) contract holder covered by any unallocated annuity contract not included in paragraph (b)(ii) above, Five Million Dollars ($5,000,000.00) in benefits, irrespective of the number of such contracts held by that contract holder.
SOURCES: Laws, 1985, ch. 482, Sec. 3; 1990, ch. 546, Sec. 2, eff from and after July 1, 1990.