Public Act 101-0108
 
HB3320 EnrolledLRB101 08699 RAB 53784 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Insurance Code is amended  by 
changing Section 511.101 as follows:
 



    (215 ILCS 5/511.101)  (from Ch. 73, par. 1065.58-101)


    (Section scheduled to be repealed on January 1, 2027)

    Sec. 511.101. Definitions. For the purpose of this Article:

    (a) "Administrator" means any person who on behalf of a 
plan sponsor or
insurer receives or collects charges, 
contributions or premiums for, or
adjusts or settles claims on 
residents of this State in connection with
any type of life or 
accident or health benefit provided through or as an

alternative to insurance within the scope of Class 1(a), 1(b) 
or 2(a) of
Section 4 of this the Illinois Insurance Code, other 
than any of the following:

        (1) A corporation, association, trust or partnership 
    which is administering
a plan (i) on behalf of the 
    employees of such corporation, association,
trust or 
    partnership or (ii) for the employees of one or more 
    subsidiaries
or affiliated corporations or affiliated 
    associations, trusts or partnerships;

        (2) A union administering a plan for its members;

        (3) A plan sponsor administering its own plan;

        (4) An insurer or dental service plan to the extent 
    regulated by this the Illinois Insurance Code;

        (5) A producer licensed in this State whose insurance 
    activities are limited
to the scope of such license;

        (6) A trust and its trustees and employees acting 
    pursuant to its trust
agreement established in conformity 
    with 29 U.S.C. 186;

        (7) A person who adjusts or settles claims in the 
    normal course of such
person's practice or employment as an 
    attorney-at-law, and who does not
collect contributions or 
    premiums in connection with life or accident or
health 
    coverage;

        (8) A person who administers only self-insured 
    workers' compensation plans,
or single employer self 
    insured life or accident or health benefit plans;

        (9) A credit card issuing company which advances for 
    and collects
premiums or charges from its credit card 
    holders who have authorized such
collection, if such 
    company does not adjust or settle claims;

        (10) A creditor on behalf of its debtors with respect 
    to insurance
covering a debt between the creditor and its 
    debtors.

    (b) "Covered Individual" means any individual eligible for 
life or accident
or health benefits under a plan.

    (c) "Contributions" means any money charged a covered 
individual, plan
sponsor or other entity to fund the 
self-insured portion of any plan in
accordance with written 
provisions of the plan or contracts of insurance.
Contributions 
shall include administrative fees charged to a covered

individual. Administrative fee means any compensation paid by a 
covered
individual for services performed by the 
administrator.

    (d) "Premiums" means any money charged a covered 
individual, plan sponsor
or other entity to provide life or 
accident or health insurance under a
plan.  The term premium 
shall include amounts paid by or charged to a covered

individual plan sponsor or other entity for stop loss or excess 
insurance.

    (e) "Charges" means any compensation paid by a plan sponsor 
or insurer
for services performed by the administrator.

    (f) "Administrator Trust Fund", hereinafter referred to as 
"ATF", means
a special fiduciary account established and 
maintained by an administrator
pursuant to Section 511.112 in 
which contributions and premiums are deposited.

    (g) "Claims Administration Services Account", hereinafter 
referred to
as "CASA", means a special fiduciary account 
established and maintained
by an administrator pursuant to 
Section 511.112 of this Code from which
claims and claims 
adjustment expenses are disbursed.

    (h) "Plan Sponsor" means any person other than an insurer, 
who establishes
or maintains a plan covering residents of this 
State, including but not
limited to plans established or 
maintained by 2 or more employers or
jointly by one or more 
employers and one or more employee organizations,
the 
association, committee, joint board of trustees, or other 
similar group
of representatives of the parties who establish 
or maintain the plan.

    Provided, however, that "Plan Sponsor" shall not include:

        (1) The employer in the case of a plan established or 
    maintained by a
single employer; or

        (2) The employee organization in the case of a plan 
    established or
maintained by an employee organization.

    No plan sponsor covered in whole by provisions of the 
Employee Retirement
Income Security Act of 1974 (ERISA) shall 
be covered by any of the
provisions of this Act to the extent 
that such provisions are inconsistent
with or in conflict with 
any provisions of ERISA as now or hereafter amended.

    (i) "Financial Institution" means any federal or state 
chartered bank
or savings and loan institution which is insured 
by the Federal Deposit
Insurance Corporation (FDIC) or the 
Federal Savings and Loan Insurance
Corporation (FSLIC).

    (j) "Plan" means any plan, fund or program established or 
maintained by
a plan sponsor or insurer to the extent that such 
plan, fund or program
was established or is maintained to 
provide through insurance or alternatives
to insurance any type 
of life or accident or health benefit within the scope
of Class 
1(a), 1(b) or 2(a) of Section 4 of the Illinois Insurance Code.

    (k) "Insurer" means any person who transacts insurance or 
health care
service business authorized under the laws of this 
State.

    (l) "Quasi-resident" means a nonresident licensee who 
produces 50% or
more of his contributions and premium volume 
during a calendar year from
residents of this State.

(Source: P.A. 84-1431.)