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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Legislative intent. It is the intent of the | ||||||
5 | General Assembly in enacting this amendatory Act of the 102nd | ||||||
6 | General Assembly to make only nonsubstantive changes that | ||||||
7 | remove the dehumanizing term "alien" from all Illinois | ||||||
8 | statutory provisions. No change made by this amendatory Act of | ||||||
9 | the 102nd General Assembly shall be interpreted as to make any | ||||||
10 | substantive change to existing law, including, but not limited | ||||||
11 | to, eligibility for federal programs or benefits that are | ||||||
12 | available to a person who meets the definition of "alien" | ||||||
13 | under State or federal law. | ||||||
14 | Section 5. The Illinois Notary Public Act is amended by | ||||||
15 | changing Section 2-102 as follows:
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16 | (5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
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17 | (Text of Section before amendment by P.A. 102-160 )
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18 | Sec. 2-102. Application. Every applicant for appointment | ||||||
19 | and commission as a notary shall complete
an application in a | ||||||
20 | format prescribed by the Secretary of State to be filed with
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21 | the Secretary of State, stating:
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22 | (a) the applicant's official name, as it appears on |
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1 | his or her current driver's license or state-issued | ||||||
2 | identification card;
| ||||||
3 | (b) the county in which the applicant resides
or, if | ||||||
4 | the applicant is a resident of a state bordering Illinois, | ||||||
5 | the county
in Illinois in which that person's principal | ||||||
6 | place of work or principal place
of business is located;
| ||||||
7 | (c) the applicant's residence address, as it appears | ||||||
8 | on his or her current driver's license or state-issued | ||||||
9 | identification card;
| ||||||
10 | (c-5) the applicant's business address if different | ||||||
11 | than the applicant's residence address, if performing | ||||||
12 | notarial acts constitutes any portion of the applicant's | ||||||
13 | job duties; | ||||||
14 | (d) that the applicant has resided in the State of | ||||||
15 | Illinois for 30 days
preceding the application
or that the | ||||||
16 | applicant who is a resident of a state bordering Illinois | ||||||
17 | has
worked or maintained a business in Illinois for 30 | ||||||
18 | days preceding the
application;
| ||||||
19 | (e) that the applicant is a citizen of the United | ||||||
20 | States or a noncitizen an alien
lawfully admitted for | ||||||
21 | permanent residence in the United States;
| ||||||
22 | (f) the applicant's date of birth;
| ||||||
23 | (g) that the applicant is able to read and write the | ||||||
24 | English language;
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25 | (h) that the applicant has never been the holder of a | ||||||
26 | notary public appointment that was revoked or suspended
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1 | during the past 10 years;
| ||||||
2 | (i) that the applicant has not been convicted of a | ||||||
3 | felony;
| ||||||
4 | (i-5) that the applicant's signature authorizes the | ||||||
5 | Office of the Secretary of State to conduct a verification | ||||||
6 | to confirm the information provided in the application, | ||||||
7 | including a criminal background check of the applicant, if | ||||||
8 | necessary; and | ||||||
9 | (j) any other information the Secretary of State deems | ||||||
10 | necessary.
| ||||||
11 | (Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19 .)
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12 | (Text of Section after amendment by P.A. 102-160 ) | ||||||
13 | Sec. 2-102. Application. | ||||||
14 | (a) Application for notary public commission. Every | ||||||
15 | applicant for appointment and commission as a notary shall | ||||||
16 | complete
an application in a format prescribed by the | ||||||
17 | Secretary of State to be filed with
the Secretary of State, | ||||||
18 | stating:
| ||||||
19 | (1) the applicant's official name, as it appears on | ||||||
20 | his or her current driver's license or state-issued | ||||||
21 | identification card;
| ||||||
22 | (2) the county in which the applicant resides
or, if | ||||||
23 | the applicant is a resident of a state bordering Illinois, | ||||||
24 | the county
in Illinois in which that person's principal | ||||||
25 | place of work or principal place
of business is located;
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| |||||||
1 | (3) the applicant's residence address, as it appears | ||||||
2 | on his or her current driver's license or state-issued | ||||||
3 | identification card;
| ||||||
4 | (4) the applicant's e-mail address; | ||||||
5 | (5) the applicant's business address if different than | ||||||
6 | the applicant's residence address, if performing notarial | ||||||
7 | acts constitutes any portion of the applicant's job | ||||||
8 | duties; | ||||||
9 | (6) that the applicant has resided in the State of | ||||||
10 | Illinois for 30 days
preceding the application
or that the | ||||||
11 | applicant who is a resident of a state bordering Illinois | ||||||
12 | has
worked or maintained a business in Illinois for 30 | ||||||
13 | days preceding the
application;
| ||||||
14 | (7) that the applicant is a citizen of the United | ||||||
15 | States or
lawfully admitted for permanent residence in the | ||||||
16 | United States;
| ||||||
17 | (8) the applicant's date of birth;
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18 | (9) that the applicant is proficient in the the | ||||||
19 | English language;
| ||||||
20 | (10) that the applicant has not had a prior | ||||||
21 | application or commission revoked due to a finding or | ||||||
22 | decision by the Secretary of State;
| ||||||
23 | (11) that the applicant has not been convicted of a | ||||||
24 | felony;
| ||||||
25 | (12) that the applicant's signature authorizes the | ||||||
26 | Office of the Secretary of State to conduct a verification |
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1 | to confirm the information provided in the application, | ||||||
2 | including a criminal background check of the applicant, if | ||||||
3 | necessary; | ||||||
4 | (13) that the applicant has provided satisfactory | ||||||
5 | proof to the Secretary of State that the applicant has | ||||||
6 | successfully completed any required course of study on | ||||||
7 | notarization; and | ||||||
8 | (14) any other information the Secretary of State | ||||||
9 | deems necessary.
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10 | (b) Any notary appointed under subsection (a) shall have | ||||||
11 | the authority to conduct remote notarizations. | ||||||
12 | (c) Application for electronic notary public commission. | ||||||
13 | An application for an electronic notary public commission must | ||||||
14 | be filed with the Secretary of State in a manner prescribed by | ||||||
15 | the Secretary of State. Every applicant for appointment and | ||||||
16 | commission as an electronic notary public shall complete an | ||||||
17 | application to be filed with the Secretary of State, stating: | ||||||
18 | (1) all information required to be included in an | ||||||
19 | application for appointment as an electronic notary | ||||||
20 | public, as provided under subsection (a); | ||||||
21 | (2) that the applicant is commissioned as a notary | ||||||
22 | public under this Act; | ||||||
23 | (3) the applicant's email address; | ||||||
24 | (4) that the applicant has provided satisfactory proof | ||||||
25 | to the Secretary of State that the applicant has | ||||||
26 | successfully completed any required course of study on |
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| |||||||
1 | electronic notarization and passed a qualifying | ||||||
2 | examination; | ||||||
3 | (5) a description of the technology or device that the | ||||||
4 | applicant intends to use to create his or her electronic | ||||||
5 | signature in performing electronic notarial acts; | ||||||
6 | (6) the electronic signature of the applicant; and | ||||||
7 | (7) any other information the Secretary of State deems | ||||||
8 | necessary. | ||||||
9 | (d) Electronic notarial acts. Before an electronic notary | ||||||
10 | public performs an electronic notarial act using audio-video | ||||||
11 | communication, he or she must be granted an electronic notary | ||||||
12 | public commission by the Secretary of State under this | ||||||
13 | Section, and identify the technology that the electronic | ||||||
14 | notary public intends to use, which must be approved by the | ||||||
15 | Secretary of State. | ||||||
16 | (e) Approval of commission. Upon the applicant's | ||||||
17 | fulfillment of the requirements for a notarial commission or | ||||||
18 | an electronic notary public commission, the Secretary of State | ||||||
19 | shall approve the commission and issue to the applicant a | ||||||
20 | unique commission number. | ||||||
21 | (f) Rejection of application. The Secretary of State may | ||||||
22 | reject an application for a notarial commission or an | ||||||
23 | electronic notary public commission if the applicant fails to | ||||||
24 | comply with any Section of this Act. | ||||||
25 | (Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for | ||||||
26 | effective date of P.A. 102-160).)
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1 | Section 10. The Illinois TRUST Act is amended by changing | ||||||
2 | Section 10 as follows: | ||||||
3 | (5 ILCS 805/10)
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4 | Sec. 10. Definitions. In this Act: | ||||||
5 | "Citizenship or immigration status" means all matters | ||||||
6 | regarding citizenship of the United States or any other | ||||||
7 | country or the authority to reside in or otherwise be present | ||||||
8 | in the United States. | ||||||
9 | "Civil immigration warrant" means any document that is not | ||||||
10 | approved or ordered by a judge that can form the basis for an | ||||||
11 | individual's arrest or detention for a civil immigration | ||||||
12 | enforcement purpose. "Civil immigration warrant" includes Form | ||||||
13 | I-200 "Warrant for the Arrest of Alien" , Form I-203 "Order to | ||||||
14 | Detain or Release Alien" , Form I-205 "Warrant of | ||||||
15 | Removal/Deportation", Form I-286 "Notice of Custody | ||||||
16 | Determination", any predecessor or successor form, and all | ||||||
17 | warrants, hits, or requests contained in the "Immigration | ||||||
18 | Violator File" of the FBI's National Crime Information Center | ||||||
19 | (NCIC) database. "Civil immigration warrant" does not include | ||||||
20 | any criminal warrant. | ||||||
21 | "Contact information" means home address, work address, | ||||||
22 | telephone number, electronic mail address, social media | ||||||
23 | information, or any other personal identifying information | ||||||
24 | that could be used as a means to contact an individual. |
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1 | "Immigration agent" means an agent of federal Immigration | ||||||
2 | and Customs Enforcement, federal Customs and Border | ||||||
3 | Protection, or any similar or successor agency. | ||||||
4 | "Immigration detainer" means a request to a State or local | ||||||
5 | law enforcement agency to provide notice of release or | ||||||
6 | maintain custody of an individual based on an alleged | ||||||
7 | violation of a civil immigration law, including detainers | ||||||
8 | issued under Sections 1226 or 1357 of Title 8 of the United | ||||||
9 | States Code or 287.7 or 236.1 of Title 8 of the Code of Federal | ||||||
10 | Regulations. "Immigration detainer" includes Form I-247A | ||||||
11 | "Immigration Detainer – Notice of Action" and any predecessor | ||||||
12 | or successor form. | ||||||
13 | "Law enforcement agency" means an agency of the State or | ||||||
14 | of a unit of local government charged with enforcement of | ||||||
15 | State, county, or municipal laws or with managing custody of | ||||||
16 | detained persons in the State. | ||||||
17 | "Law enforcement official" means any individual with the | ||||||
18 | power to arrest or detain individuals, including law | ||||||
19 | enforcement officers, corrections officer, and others employed | ||||||
20 | or designated by a law enforcement agency. "Law enforcement | ||||||
21 | official" includes any probation officer.
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22 | (Source: P.A. 102-234, eff. 8-2-21.) | ||||||
23 | Section 15. The Department of Commerce and Economic | ||||||
24 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
25 | is amended by changing Section 605-800 as follows:
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| |||||||
1 | (20 ILCS 605/605-800) (was 20 ILCS 605/46.19a in part)
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2 | Sec. 605-800. Training grants for skills in critical | ||||||
3 | demand.
| ||||||
4 | (a) Grants to provide training in fields affected by | ||||||
5 | critical
demands for certain skills may be made as provided in | ||||||
6 | this Section.
| ||||||
7 | (b) The Director may make grants to eligible employers or | ||||||
8 | to other eligible
entities on behalf of employers as | ||||||
9 | authorized in subsection (c) to provide
training for employees | ||||||
10 | in fields for which there are critical demands for
certain | ||||||
11 | skills. No participating employee may be an unauthorized | ||||||
12 | noncitizen (a person that is not lawfully admitted for | ||||||
13 | permanent residence) alien, as defined in 8 U.S.C. 1324a .
| ||||||
14 | (c) The Director may accept applications for training | ||||||
15 | grant funds and grant
requests from: (i) entities sponsoring | ||||||
16 | multi-company eligible employee
training projects as defined | ||||||
17 | in subsection (d), including business
associations, strategic | ||||||
18 | business partnerships, institutions of secondary or
higher | ||||||
19 | education, large manufacturers for supplier network companies, | ||||||
20 | federal
Job Training Partnership Act administrative entities | ||||||
21 | or grant recipients, and
labor organizations when those | ||||||
22 | projects will address common training needs
identified by | ||||||
23 | participating companies; and (ii) individual employers that | ||||||
24 | are
undertaking eligible employee training projects as defined | ||||||
25 | in subsection
(d), including intermediaries and training |
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1 | agents.
| ||||||
2 | (d) The Director may make grants to eligible applicants as
| ||||||
3 | defined in subsection (c) for employee training projects that
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4 | include, but need not be limited to, one or more of the | ||||||
5 | following:
| ||||||
6 | (1) Training programs in response to new or changing
| ||||||
7 | technology being introduced in the workplace.
| ||||||
8 | (2) Job-linked training that offers special skills for | ||||||
9 | career
advancement or that is preparatory for, and leads | ||||||
10 | directly to, jobs with
definite career potential and | ||||||
11 | long-term job security.
| ||||||
12 | (3) Training necessary to implement total quality | ||||||
13 | management
or improvement or both management and | ||||||
14 | improvement systems within the
workplace.
| ||||||
15 | (4) Training related to new machinery or equipment.
| ||||||
16 | (5) Training of employees of companies that are | ||||||
17 | expanding into
new markets or expanding exports from | ||||||
18 | Illinois.
| ||||||
19 | (6) Basic, remedial, or both basic and remedial | ||||||
20 | training of employees
as a prerequisite for other | ||||||
21 | vocational or technical skills training or as a
condition | ||||||
22 | for sustained employment.
| ||||||
23 | (7) Self-employment training of the unemployed and | ||||||
24 | underemployed with
comprehensive, competency-based | ||||||
25 | instructional programs and services,
entrepreneurial | ||||||
26 | education and training initiatives for youth and adult
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| |||||||
1 | learners in cooperation with the Illinois Institute for | ||||||
2 | Entrepreneurial
Education, training and education, | ||||||
3 | conferences, workshops, and best practice
information for | ||||||
4 | local program operators of entrepreneurial education and
| ||||||
5 | self-employment training programs.
| ||||||
6 | (8) Other training activities or projects, or both | ||||||
7 | training activities and
projects, related to the support, | ||||||
8 | development, or evaluation of job training
programs, | ||||||
9 | activities, and delivery systems, including training needs | ||||||
10 | assessment
and design.
| ||||||
11 | (e) Grants shall be made on the terms and conditions that | ||||||
12 | the Department
shall determine. No grant made under subsection | ||||||
13 | (d), however, shall exceed 50%
of the direct costs of all | ||||||
14 | approved training programs provided by the employer
or the | ||||||
15 | employer's training agent or other entity as defined in | ||||||
16 | subsection
(c). Under this Section, allowable costs include, | ||||||
17 | but are not limited to:
| ||||||
18 | (1) Administrative costs of tracking, documenting, | ||||||
19 | reporting, and
processing training funds or project costs.
| ||||||
20 | (2) Curriculum development.
| ||||||
21 | (3) Wages and fringe benefits of employees.
| ||||||
22 | (4) Training materials, including scrap product costs.
| ||||||
23 | (5) Trainee travel expenses.
| ||||||
24 | (6) Instructor costs, including wages, fringe | ||||||
25 | benefits,
tuition, and travel expenses.
| ||||||
26 | (7) Rent, purchase, or lease of training equipment.
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| |||||||
1 | (8) Other usual and customary training costs.
| ||||||
2 | (f) The Department may conduct on-site grant
monitoring | ||||||
3 | visits to verify trainee employment dates and wages and to | ||||||
4 | ensure that the grantee's financial management system is
| ||||||
5 | structured to provide for accurate, current, and complete | ||||||
6 | disclosure of the
financial results of the grant program in | ||||||
7 | accordance with all provisions,
terms, and conditions | ||||||
8 | contained in the grant contract. Each applicant must, on | ||||||
9 | request by the Department, provide to the Department a | ||||||
10 | notarized certification signed and dated by a duly authorized | ||||||
11 | representative of the applicant, or that representative's | ||||||
12 | authorized designee, certifying that all participating | ||||||
13 | employees are employed at an Illinois facility and, for each | ||||||
14 | participating employee, stating the employee's name and | ||||||
15 | providing either (i) the employee's social security number or | ||||||
16 | (ii) a statement that the applicant has adequate written | ||||||
17 | verification that the employee is employed at an Illinois | ||||||
18 | facility. The Department may audit the accuracy of | ||||||
19 | submissions. Applicants sponsoring multi-company training | ||||||
20 | grant programs shall obtain information meeting the | ||||||
21 | requirement of this subsection from each participating company | ||||||
22 | and provide it to the Department upon request.
| ||||||
23 | (g) The Director may establish and collect a schedule of
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24 | charges from subgrantee entities and other system users under | ||||||
25 | federal
job-training programs for participating in and | ||||||
26 | utilizing the Department's
automated job-training program |
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| |||||||
1 | information systems if the systems and the
necessary | ||||||
2 | participation and utilization are requirements of the federal
| ||||||
3 | job-training programs. All monies collected pursuant to this | ||||||
4 | subsection
shall be deposited into the Federal Workforce | ||||||
5 | Training Fund and may be used, subject to appropriation by the | ||||||
6 | General Assembly, only for the purpose of financing the | ||||||
7 | maintenance and operation of the automated federal | ||||||
8 | job-training information systems.
| ||||||
9 | (Source: P.A. 99-933, eff. 1-27-17.)
| ||||||
10 | Section 20. The Illinois Guaranteed Job Opportunity Act is | ||||||
11 | amended by changing Section 25 as follows:
| ||||||
12 | (20 ILCS 1510/25)
| ||||||
13 | Sec. 25. Program eligibility.
| ||||||
14 | (a) General Rule. An individual is eligible to participate | ||||||
15 | in the job
projects assisted under this Act if the individual:
| ||||||
16 | (1) is at least 16 years of age;
| ||||||
17 | (2) has resided in the eligible area for at least 30 | ||||||
18 | days;
| ||||||
19 | (3) has been unemployed for 35 days prior to the | ||||||
20 | determination of
employment for job projects assisted | ||||||
21 | under this Act;
| ||||||
22 | (4) is a citizen of the United States, is a national of | ||||||
23 | the United
States, is a lawfully admitted permanent | ||||||
24 | resident noncitizen alien , is a lawfully
admitted refugee |
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| |||||||
1 | or parolee, or is otherwise authorized by the United | ||||||
2 | States
Attorney General to work in the United States; and
| ||||||
3 | (5) is a recipient of assistance
under Article IV of | ||||||
4 | the Illinois Public Aid Code.
| ||||||
5 | (b) Limitations.
| ||||||
6 | (1) (Blank).
| ||||||
7 | (2) (Blank).
| ||||||
8 | (3) No individual participating in the job opportunity | ||||||
9 | project
assisted under this Act may work in any | ||||||
10 | compensated job other than the
job assisted under this Act | ||||||
11 | for more than 20 hours per week.
| ||||||
12 | (4) Individuals participating
under this Act shall | ||||||
13 | seek employment during the period of employment
assisted | ||||||
14 | under this Act.
| ||||||
15 | (5) Any individual eligible for retirement benefits | ||||||
16 | under the Social
Security Act, under any retirement system | ||||||
17 | for Federal Government employees,
under the railroad | ||||||
18 | retirement system, under the military retirement system,
| ||||||
19 | under a State or local government pension plan or | ||||||
20 | retirement system,
or any private pension program is not | ||||||
21 | eligible to receive a job under a job
project assisted | ||||||
22 | under this Act.
| ||||||
23 | (Source: P.A. 93-46, eff. 7-1-03.)
| ||||||
24 | Section 25. The Illinois Income Tax Act is amended by | ||||||
25 | changing Section 1501 as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 5/1501) (from Ch. 120, par. 15-1501)
| ||||||
2 | Sec. 1501. Definitions.
| ||||||
3 | (a) In general. When used in this Act, where not
otherwise | ||||||
4 | distinctly expressed or manifestly incompatible with the | ||||||
5 | intent
thereof:
| ||||||
6 | (1) Business income. The term "business income" means | ||||||
7 | all income that may be treated as apportionable business | ||||||
8 | income under the Constitution of the United States. | ||||||
9 | Business income is net of the deductions allocable | ||||||
10 | thereto. Such term does not include compensation
or the | ||||||
11 | deductions allocable thereto.
For each taxable year | ||||||
12 | beginning on or after January 1, 2003, a taxpayer may
| ||||||
13 | elect to treat all income other than compensation as | ||||||
14 | business income. This
election shall be made in accordance | ||||||
15 | with rules adopted by the Department and,
once made, shall | ||||||
16 | be irrevocable.
| ||||||
17 | (1.5) Captive real estate investment trust:
| ||||||
18 | (A) The term "captive real estate investment | ||||||
19 | trust" means a corporation, trust, or association:
| ||||||
20 | (i) that is considered a real estate | ||||||
21 | investment trust for the taxable year under | ||||||
22 | Section 856 of the Internal Revenue Code;
| ||||||
23 | (ii) the certificates of beneficial interest | ||||||
24 | or shares of which are not regularly traded on an | ||||||
25 | established securities market; and |
| |||||||
| |||||||
1 | (iii) of which more than 50% of the voting | ||||||
2 | power or value of the beneficial interest or | ||||||
3 | shares, at any time during the last half of the | ||||||
4 | taxable year, is owned or controlled, directly, | ||||||
5 | indirectly, or constructively, by a single | ||||||
6 | corporation. | ||||||
7 | (B) The term "captive real estate investment | ||||||
8 | trust" does not include: | ||||||
9 | (i) a real estate investment trust of which | ||||||
10 | more than 50% of the voting power or value of the | ||||||
11 | beneficial interest or shares is owned or | ||||||
12 | controlled, directly, indirectly, or | ||||||
13 | constructively, by: | ||||||
14 | (a) a real estate investment trust, other | ||||||
15 | than a captive real estate investment trust; | ||||||
16 | (b) a person who is exempt from taxation | ||||||
17 | under Section 501 of the Internal Revenue | ||||||
18 | Code, and who is not required to treat income | ||||||
19 | received from the real estate investment trust | ||||||
20 | as unrelated business taxable income under | ||||||
21 | Section 512 of the Internal Revenue Code; | ||||||
22 | (c) a listed Australian property trust, if | ||||||
23 | no more than 50% of the voting power or value | ||||||
24 | of the beneficial interest or shares of that | ||||||
25 | trust, at any time during the last half of the | ||||||
26 | taxable year, is owned or controlled, directly |
| |||||||
| |||||||
1 | or indirectly, by a single person; | ||||||
2 | (d) an entity organized as a trust, | ||||||
3 | provided a listed Australian property trust | ||||||
4 | described in subparagraph (c) owns or | ||||||
5 | controls, directly or indirectly, or | ||||||
6 | constructively, 75% or more of the voting | ||||||
7 | power or value of the beneficial interests or | ||||||
8 | shares of such entity; or | ||||||
9 | (e) an entity that is organized outside of | ||||||
10 | the laws of the United States and that | ||||||
11 | satisfies all of the following criteria: | ||||||
12 | (1) at least 75% of the entity's total | ||||||
13 | asset value at the close of its taxable | ||||||
14 | year is represented by real estate assets | ||||||
15 | (as defined in Section 856(c)(5)(B) of the | ||||||
16 | Internal Revenue Code, thereby including | ||||||
17 | shares or certificates of beneficial | ||||||
18 | interest in any real estate investment | ||||||
19 | trust), cash and cash equivalents, and | ||||||
20 | U.S. Government securities; | ||||||
21 | (2) the entity is not subject to tax | ||||||
22 | on amounts that are distributed to its | ||||||
23 | beneficial owners or is exempt from | ||||||
24 | entity-level taxation; | ||||||
25 | (3) the entity distributes at least | ||||||
26 | 85% of its taxable income (as computed in |
| |||||||
| |||||||
1 | the jurisdiction in which it is organized) | ||||||
2 | to the holders of its shares or | ||||||
3 | certificates of beneficial interest on an | ||||||
4 | annual basis; | ||||||
5 | (4) either (i) the shares or | ||||||
6 | beneficial interests of the entity are | ||||||
7 | regularly traded on an established | ||||||
8 | securities market or (ii) not more than | ||||||
9 | 10% of the voting power or value in the | ||||||
10 | entity is held, directly, indirectly, or | ||||||
11 | constructively, by a single entity or | ||||||
12 | individual; and | ||||||
13 | (5) the entity is organized in a | ||||||
14 | country that has entered into a tax treaty | ||||||
15 | with the United States; or | ||||||
16 | (ii) during its first taxable year for which | ||||||
17 | it elects to be treated as a real estate | ||||||
18 | investment trust under Section 856(c)(1) of the | ||||||
19 | Internal Revenue Code, a real estate investment | ||||||
20 | trust the certificates of beneficial interest or | ||||||
21 | shares of which are not regularly traded on an | ||||||
22 | established securities market, but only if the | ||||||
23 | certificates of beneficial interest or shares of | ||||||
24 | the real estate investment trust are regularly | ||||||
25 | traded on an established securities market prior | ||||||
26 | to the earlier of the due date (including |
| |||||||
| |||||||
1 | extensions) for filing its return under this Act | ||||||
2 | for that first taxable year or the date it | ||||||
3 | actually files that return. | ||||||
4 | (C) For the purposes of this subsection (1.5), the | ||||||
5 | constructive ownership rules prescribed under Section | ||||||
6 | 318(a) of the Internal Revenue Code, as modified by | ||||||
7 | Section 856(d)(5) of the Internal Revenue Code, apply | ||||||
8 | in determining the ownership of stock, assets, or net | ||||||
9 | profits of any person.
| ||||||
10 | (D) For the purposes of this item (1.5), for | ||||||
11 | taxable years ending on or after August 16, 2007, the | ||||||
12 | voting power or value of the beneficial interest or | ||||||
13 | shares of a real estate investment trust does not | ||||||
14 | include any voting power or value of beneficial | ||||||
15 | interest or shares in a real estate investment trust | ||||||
16 | held directly or indirectly in a segregated asset | ||||||
17 | account by a life insurance company (as described in | ||||||
18 | Section 817 of the Internal Revenue Code) to the | ||||||
19 | extent such voting power or value is for the benefit of | ||||||
20 | entities or persons who are either immune from | ||||||
21 | taxation or exempt from taxation under subtitle A of | ||||||
22 | the Internal Revenue Code.
| ||||||
23 | (2) Commercial domicile. The term "commercial | ||||||
24 | domicile" means the
principal
place from which the trade | ||||||
25 | or business of the taxpayer is directed or managed.
| ||||||
26 | (3) Compensation. The term "compensation" means wages, |
| |||||||
| |||||||
1 | salaries,
commissions
and any other form of remuneration | ||||||
2 | paid to employees for personal services.
| ||||||
3 | (4) Corporation. The term "corporation" includes | ||||||
4 | associations, joint-stock
companies, insurance companies | ||||||
5 | and cooperatives. Any entity, including a
limited | ||||||
6 | liability company formed under the Illinois Limited | ||||||
7 | Liability Company
Act, shall be treated as a corporation | ||||||
8 | if it is so classified for federal
income tax purposes.
| ||||||
9 | (5) Department. The term "Department" means the | ||||||
10 | Department of Revenue of
this State.
| ||||||
11 | (6) Director. The term "Director" means the Director | ||||||
12 | of Revenue of this
State.
| ||||||
13 | (7) Fiduciary. The term "fiduciary" means a guardian, | ||||||
14 | trustee, executor,
administrator, receiver, or any person | ||||||
15 | acting in any fiduciary capacity for any
person.
| ||||||
16 | (8) Financial organization.
| ||||||
17 | (A) The term "financial organization" means
any
| ||||||
18 | bank, bank holding company, trust company, savings | ||||||
19 | bank, industrial bank,
land bank, safe deposit | ||||||
20 | company, private banker, savings and loan association,
| ||||||
21 | building and loan association, credit union, currency | ||||||
22 | exchange, cooperative
bank, small loan company, sales | ||||||
23 | finance company, investment company, or any
person | ||||||
24 | which is owned by a bank or bank holding company. For | ||||||
25 | the purpose of
this Section a "person" will include | ||||||
26 | only those persons which a bank holding
company may |
| |||||||
| |||||||
1 | acquire and hold an interest in, directly or | ||||||
2 | indirectly, under the
provisions of the Bank Holding | ||||||
3 | Company Act of 1956 (12 U.S.C. 1841, et seq.),
except | ||||||
4 | where interests in any person must be disposed of | ||||||
5 | within certain
required time limits under the Bank | ||||||
6 | Holding Company Act of 1956.
| ||||||
7 | (B) For purposes of subparagraph (A) of this | ||||||
8 | paragraph, the term
"bank" includes (i) any entity | ||||||
9 | that is regulated by the Comptroller of the
Currency | ||||||
10 | under the National Bank Act, or by the Federal Reserve | ||||||
11 | Board, or by
the
Federal Deposit Insurance Corporation | ||||||
12 | and (ii) any federally or State chartered
bank
| ||||||
13 | operating as a credit card bank.
| ||||||
14 | (C) For purposes of subparagraph (A) of this | ||||||
15 | paragraph, the term
"sales finance company" has the | ||||||
16 | meaning provided in the following item (i) or
(ii):
| ||||||
17 | (i) A person primarily engaged in one or more | ||||||
18 | of the following
businesses: the business of | ||||||
19 | purchasing customer receivables, the business
of | ||||||
20 | making loans upon the security of customer | ||||||
21 | receivables, the
business of making loans for the | ||||||
22 | express purpose of funding purchases of
tangible | ||||||
23 | personal property or services by the borrower, or | ||||||
24 | the business of
finance leasing. For purposes of | ||||||
25 | this item (i), "customer receivable"
means:
| ||||||
26 | (a) a retail installment contract or |
| |||||||
| |||||||
1 | retail charge agreement within
the
meaning
of | ||||||
2 | the Sales Finance Agency Act, the Retail | ||||||
3 | Installment Sales Act, or the
Motor Vehicle | ||||||
4 | Retail Installment Sales Act;
| ||||||
5 | (b) an installment, charge, credit, or | ||||||
6 | similar contract or agreement
arising from
the | ||||||
7 | sale of tangible personal property or services | ||||||
8 | in a transaction involving
a deferred payment | ||||||
9 | price payable in one or more installments | ||||||
10 | subsequent
to the sale; or
| ||||||
11 | (c) the outstanding balance of a contract | ||||||
12 | or agreement described in
provisions
(a) or | ||||||
13 | (b) of this item (i).
| ||||||
14 | A customer receivable need not provide for | ||||||
15 | payment of interest on
deferred
payments. A sales | ||||||
16 | finance company may purchase a customer receivable | ||||||
17 | from, or
make a loan secured by a customer | ||||||
18 | receivable to, the seller in the original
| ||||||
19 | transaction or to a person who purchased the | ||||||
20 | customer receivable directly or
indirectly from | ||||||
21 | that seller.
| ||||||
22 | (ii) A corporation meeting each of the | ||||||
23 | following criteria:
| ||||||
24 | (a) the corporation must be a member of an | ||||||
25 | "affiliated group" within
the
meaning of | ||||||
26 | Section 1504(a) of the Internal Revenue Code, |
| |||||||
| |||||||
1 | determined
without regard to Section 1504(b) | ||||||
2 | of the Internal Revenue Code;
| ||||||
3 | (b) more than 50% of the gross income of | ||||||
4 | the corporation for the
taxable
year
must be | ||||||
5 | interest income derived from qualifying loans. | ||||||
6 | A "qualifying
loan" is a loan made to a member | ||||||
7 | of the corporation's affiliated group that
| ||||||
8 | originates customer receivables (within the | ||||||
9 | meaning of item (i)) or to whom
customer | ||||||
10 | receivables originated by a member of the | ||||||
11 | affiliated group have been
transferred, to
the | ||||||
12 | extent the average outstanding balance of | ||||||
13 | loans from that corporation
to members of its | ||||||
14 | affiliated group during the taxable year do | ||||||
15 | not exceed
the limitation amount for that | ||||||
16 | corporation. The "limitation amount" for a
| ||||||
17 | corporation is the average outstanding | ||||||
18 | balances during the taxable year of
customer | ||||||
19 | receivables (within the meaning of item (i)) | ||||||
20 | originated by
all members of the affiliated | ||||||
21 | group.
If the average outstanding balances of | ||||||
22 | the
loans made by a corporation to members of | ||||||
23 | its affiliated group exceed the
limitation | ||||||
24 | amount, the interest income of that | ||||||
25 | corporation from qualifying
loans shall be | ||||||
26 | equal to its interest income from loans to |
| |||||||
| |||||||
1 | members of its
affiliated groups times a | ||||||
2 | fraction equal to the limitation amount | ||||||
3 | divided by
the average outstanding balances of | ||||||
4 | the loans made by that corporation to
members | ||||||
5 | of its affiliated group;
| ||||||
6 | (c) the total of all shareholder's equity | ||||||
7 | (including, without
limitation,
paid-in
| ||||||
8 | capital on common and preferred stock and | ||||||
9 | retained earnings) of the
corporation plus the | ||||||
10 | total of all of its loans, advances, and other
| ||||||
11 | obligations payable or owed to members of its | ||||||
12 | affiliated group may not
exceed 20% of the | ||||||
13 | total assets of the corporation at any time | ||||||
14 | during the tax
year; and
| ||||||
15 | (d) more than 50% of all interest-bearing | ||||||
16 | obligations of the
affiliated group payable to | ||||||
17 | persons outside the group determined in | ||||||
18 | accordance
with generally accepted accounting | ||||||
19 | principles must be obligations of the
| ||||||
20 | corporation.
| ||||||
21 | This amendatory Act of the 91st General Assembly | ||||||
22 | is declaratory of
existing
law.
| ||||||
23 | (D) Subparagraphs
(B) and (C) of this paragraph | ||||||
24 | are declaratory of
existing law and apply | ||||||
25 | retroactively, for all tax years beginning on or | ||||||
26 | before
December 31, 1996,
to all original returns, to |
| |||||||
| |||||||
1 | all amended returns filed no later than 30
days after | ||||||
2 | the effective date of this amendatory Act of 1996, and | ||||||
3 | to all
notices issued on or before the effective date | ||||||
4 | of this amendatory Act of 1996
under subsection (a) of | ||||||
5 | Section 903, subsection (a) of Section 904,
subsection | ||||||
6 | (e) of Section 909, or Section 912.
A taxpayer that is | ||||||
7 | a "financial organization" that engages in any | ||||||
8 | transaction
with an affiliate shall be a "financial | ||||||
9 | organization" for all purposes of this
Act.
| ||||||
10 | (E) For all tax years beginning on or
before | ||||||
11 | December 31, 1996, a taxpayer that falls within the | ||||||
12 | definition
of a
"financial organization" under | ||||||
13 | subparagraphs (B) or (C) of this paragraph, but
who | ||||||
14 | does
not fall within the definition of a "financial | ||||||
15 | organization" under the Proposed
Regulations issued by | ||||||
16 | the Department of Revenue on July 19, 1996, may
| ||||||
17 | irrevocably elect to apply the Proposed Regulations | ||||||
18 | for all of those years as
though the Proposed | ||||||
19 | Regulations had been lawfully promulgated, adopted, | ||||||
20 | and in
effect for all of those years. For purposes of | ||||||
21 | applying subparagraphs (B) or
(C) of
this
paragraph to | ||||||
22 | all of those years, the election allowed by this | ||||||
23 | subparagraph
applies only to the taxpayer making the | ||||||
24 | election and to those members of the
taxpayer's | ||||||
25 | unitary business group who are ordinarily required to | ||||||
26 | apportion
business income under the same subsection of |
| |||||||
| |||||||
1 | Section 304 of this Act as the
taxpayer making the | ||||||
2 | election. No election allowed by this subparagraph | ||||||
3 | shall
be made under a claim
filed under subsection (d) | ||||||
4 | of Section 909 more than 30 days after the
effective | ||||||
5 | date of this amendatory Act of 1996.
| ||||||
6 | (F) Finance Leases. For purposes of this | ||||||
7 | subsection, a finance lease
shall be treated as a loan | ||||||
8 | or other extension of credit, rather than as a
lease,
| ||||||
9 | regardless of how the transaction is characterized for | ||||||
10 | any other purpose,
including the purposes of any | ||||||
11 | regulatory agency to which the lessor is subject.
A | ||||||
12 | finance lease is any transaction in the form of a lease | ||||||
13 | in which the lessee
is treated as the owner of the | ||||||
14 | leased asset entitled to any deduction for
| ||||||
15 | depreciation allowed under Section 167 of the Internal | ||||||
16 | Revenue Code.
| ||||||
17 | (9) Fiscal year. The term "fiscal year" means an | ||||||
18 | accounting period of
12 months ending on the last day of | ||||||
19 | any month other than December.
| ||||||
20 | (9.5) Fixed place of business. The term "fixed place | ||||||
21 | of business" has the same meaning as that term is given in | ||||||
22 | Section 864 of the Internal Revenue Code and the related | ||||||
23 | Treasury regulations.
| ||||||
24 | (10) Includes and including. The terms "includes" and | ||||||
25 | "including" when
used in a definition contained in this | ||||||
26 | Act shall not be deemed to exclude
other things otherwise |
| |||||||
| |||||||
1 | within the meaning of the term defined.
| ||||||
2 | (11) Internal Revenue Code. The term "Internal Revenue | ||||||
3 | Code" means the
United States Internal Revenue Code of | ||||||
4 | 1954 or any successor law or laws
relating to federal | ||||||
5 | income taxes in effect for the taxable year.
| ||||||
6 | (11.5) Investment partnership. | ||||||
7 | (A) The term "investment partnership" means any | ||||||
8 | entity that is treated as a partnership for federal | ||||||
9 | income tax purposes that meets the following | ||||||
10 | requirements: | ||||||
11 | (i) no less than 90% of the partnership's cost | ||||||
12 | of its total assets consists of qualifying | ||||||
13 | investment securities, deposits at banks or other | ||||||
14 | financial institutions, and office space and | ||||||
15 | equipment reasonably necessary to carry on its | ||||||
16 | activities as an investment partnership; | ||||||
17 | (ii) no less than 90% of its gross income | ||||||
18 | consists of interest, dividends, and gains from | ||||||
19 | the sale or exchange of qualifying investment | ||||||
20 | securities; and
| ||||||
21 | (iii) the partnership is not a dealer in | ||||||
22 | qualifying investment securities. | ||||||
23 | (B) For purposes of this paragraph (11.5), the | ||||||
24 | term "qualifying investment securities" includes all | ||||||
25 | of the following:
| ||||||
26 | (i) common stock, including preferred or debt |
| |||||||
| |||||||
1 | securities convertible into common stock, and | ||||||
2 | preferred stock; | ||||||
3 | (ii) bonds, debentures, and other debt | ||||||
4 | securities; | ||||||
5 | (iii) foreign and domestic currency deposits | ||||||
6 | secured by federal, state, or local governmental | ||||||
7 | agencies; | ||||||
8 | (iv) mortgage or asset-backed securities | ||||||
9 | secured by federal, state, or local governmental | ||||||
10 | agencies; | ||||||
11 | (v) repurchase agreements and loan | ||||||
12 | participations; | ||||||
13 | (vi) foreign currency exchange contracts and | ||||||
14 | forward and futures contracts on foreign | ||||||
15 | currencies; | ||||||
16 | (vii) stock and bond index securities and | ||||||
17 | futures contracts and other similar financial | ||||||
18 | securities and futures contracts on those | ||||||
19 | securities;
| ||||||
20 | (viii) options for the purchase or sale of any | ||||||
21 | of the securities, currencies, contracts, or | ||||||
22 | financial instruments described in items (i) to | ||||||
23 | (vii), inclusive;
| ||||||
24 | (ix) regulated futures contracts;
| ||||||
25 | (x) commodities (not described in Section | ||||||
26 | 1221(a)(1) of the Internal Revenue Code) or |
| |||||||
| |||||||
1 | futures, forwards, and options with respect to | ||||||
2 | such commodities, provided, however, that any item | ||||||
3 | of a physical commodity to which title is actually | ||||||
4 | acquired in the partnership's capacity as a dealer | ||||||
5 | in such commodity shall not be a qualifying | ||||||
6 | investment security;
| ||||||
7 | (xi) derivatives; and
| ||||||
8 | (xii) a partnership interest in another | ||||||
9 | partnership that is an investment partnership.
| ||||||
10 | (12) Mathematical error. The term "mathematical error" | ||||||
11 | includes the
following types of errors, omissions, or | ||||||
12 | defects in a return filed by a
taxpayer which prevents | ||||||
13 | acceptance of the return as filed for processing:
| ||||||
14 | (A) arithmetic errors or incorrect computations on | ||||||
15 | the return or
supporting schedules;
| ||||||
16 | (B) entries on the wrong lines;
| ||||||
17 | (C) omission of required supporting forms or | ||||||
18 | schedules or the omission
of the information in whole | ||||||
19 | or in part called for thereon; and
| ||||||
20 | (D) an attempt to claim, exclude, deduct, or | ||||||
21 | improperly report, in a
manner
directly contrary to | ||||||
22 | the provisions of the Act and regulations thereunder
| ||||||
23 | any item of income, exemption, deduction, or credit.
| ||||||
24 | (13) Nonbusiness income. The term "nonbusiness income" | ||||||
25 | means all income
other than business income or | ||||||
26 | compensation.
|
| |||||||
| |||||||
1 | (14) Nonresident. The term "nonresident" means a | ||||||
2 | person who is not a
resident.
| ||||||
3 | (15) Paid, incurred and accrued. The terms "paid", | ||||||
4 | "incurred" and
"accrued"
shall be construed according to | ||||||
5 | the method of accounting upon the basis
of which the | ||||||
6 | person's base income is computed under this Act.
| ||||||
7 | (16) Partnership and partner. The term "partnership" | ||||||
8 | includes a syndicate,
group, pool, joint venture or other | ||||||
9 | unincorporated organization, through
or by means of which | ||||||
10 | any business, financial operation, or venture is carried
| ||||||
11 | on, and which is not, within the meaning of this Act, a | ||||||
12 | trust or estate
or a corporation; and the term "partner" | ||||||
13 | includes a member in such syndicate,
group, pool, joint | ||||||
14 | venture or organization.
| ||||||
15 | The term "partnership" includes any entity, including | ||||||
16 | a limited
liability company formed under the Illinois
| ||||||
17 | Limited Liability Company Act, classified as a partnership | ||||||
18 | for federal income tax purposes.
| ||||||
19 | The term "partnership" does not include a syndicate, | ||||||
20 | group, pool,
joint venture, or other unincorporated | ||||||
21 | organization established for the
sole purpose of playing | ||||||
22 | the Illinois State Lottery.
| ||||||
23 | (17) Part-year resident. The term "part-year resident" | ||||||
24 | means an individual
who became a resident during the | ||||||
25 | taxable year or ceased to be a resident
during the taxable | ||||||
26 | year. Under Section 1501(a)(20)(A)(i) residence
commences |
| |||||||
| |||||||
1 | with presence in this State for other than a temporary or | ||||||
2 | transitory
purpose and ceases with absence from this State | ||||||
3 | for other than a temporary or
transitory purpose. Under | ||||||
4 | Section 1501(a)(20)(A)(ii) residence commences
with the | ||||||
5 | establishment of domicile in this State and ceases with | ||||||
6 | the
establishment of domicile in another State.
| ||||||
7 | (18) Person. The term "person" shall be construed to | ||||||
8 | mean and include
an individual, a trust, estate, | ||||||
9 | partnership, association, firm, company,
corporation, | ||||||
10 | limited liability company, or fiduciary. For purposes of | ||||||
11 | Section
1301 and 1302 of this Act, a "person" means (i) an | ||||||
12 | individual, (ii) a
corporation, (iii) an officer, agent, | ||||||
13 | or employee of a
corporation, (iv) a member, agent or | ||||||
14 | employee of a partnership, or (v)
a member,
manager, | ||||||
15 | employee, officer, director, or agent of a limited | ||||||
16 | liability company
who in such capacity commits an offense | ||||||
17 | specified in Section 1301 and 1302.
| ||||||
18 | (18A) Records. The term "records" includes all data | ||||||
19 | maintained by the
taxpayer, whether on paper, microfilm, | ||||||
20 | microfiche, or any type of
machine-sensible data | ||||||
21 | compilation.
| ||||||
22 | (19) Regulations. The term "regulations" includes | ||||||
23 | rules promulgated and
forms prescribed by the Department.
| ||||||
24 | (20) Resident. The term "resident" means:
| ||||||
25 | (A) an individual (i) who is
in this State for | ||||||
26 | other than a temporary or transitory purpose during |
| |||||||
| |||||||
1 | the
taxable year; or (ii) who is domiciled in this | ||||||
2 | State but is absent from
the State for a temporary or | ||||||
3 | transitory purpose during the taxable year;
| ||||||
4 | (B) The estate of a decedent who at his or her | ||||||
5 | death was domiciled in
this
State;
| ||||||
6 | (C) A trust created by a will of a decedent who at | ||||||
7 | his death was
domiciled
in this State; and
| ||||||
8 | (D) An irrevocable trust, the grantor of which was | ||||||
9 | domiciled in this
State
at the time such trust became | ||||||
10 | irrevocable. For purpose of this subparagraph,
a trust | ||||||
11 | shall be considered irrevocable to the extent that the | ||||||
12 | grantor is
not treated as the owner thereof under | ||||||
13 | Sections 671 through 678 of the Internal
Revenue Code.
| ||||||
14 | (21) Sales. The term "sales" means all gross receipts | ||||||
15 | of the taxpayer
not allocated under Sections 301, 302 and | ||||||
16 | 303.
| ||||||
17 | (22) State. The term "state" when applied to a | ||||||
18 | jurisdiction other than
this State means any state of the | ||||||
19 | United States, the District of Columbia,
the Commonwealth | ||||||
20 | of Puerto Rico, any Territory or Possession of the United
| ||||||
21 | States, and any foreign country, or any political | ||||||
22 | subdivision of any of the
foregoing. For purposes of the | ||||||
23 | foreign tax credit under Section 601, the
term "state" | ||||||
24 | means any state of the United States, the District of | ||||||
25 | Columbia,
the Commonwealth of Puerto Rico, and any | ||||||
26 | territory or possession of the
United States, or any |
| |||||||
| |||||||
1 | political subdivision of any of the foregoing,
effective | ||||||
2 | for tax years ending on or after December 31, 1989.
| ||||||
3 | (23) Taxable year. The term "taxable year" means the | ||||||
4 | calendar year, or
the fiscal year ending during such | ||||||
5 | calendar year, upon the basis of which
the base income is | ||||||
6 | computed under this Act. "Taxable year" means, in the
case | ||||||
7 | of a return made for a fractional part of a year under the | ||||||
8 | provisions
of this Act, the period for which such return | ||||||
9 | is made.
| ||||||
10 | (24) Taxpayer. The term "taxpayer" means any person | ||||||
11 | subject to the tax
imposed by this Act.
| ||||||
12 | (25) International banking facility. The term | ||||||
13 | international banking
facility shall have the same meaning | ||||||
14 | as is set forth in the Illinois Banking
Act or as is set | ||||||
15 | forth in the laws of the United States or regulations of
| ||||||
16 | the Board of Governors of the Federal Reserve System.
| ||||||
17 | (26) Income Tax Return Preparer.
| ||||||
18 | (A) The term "income tax return preparer"
means | ||||||
19 | any person who prepares for compensation, or who | ||||||
20 | employs one or more
persons to prepare for | ||||||
21 | compensation, any return of tax imposed by this Act
or | ||||||
22 | any claim for refund of tax imposed by this Act. The | ||||||
23 | preparation of a
substantial portion of a return or | ||||||
24 | claim for refund shall be treated as
the preparation | ||||||
25 | of that return or claim for refund.
| ||||||
26 | (B) A person is not an income tax return preparer |
| |||||||
| |||||||
1 | if all he or she does
is
| ||||||
2 | (i) furnish typing, reproducing, or other | ||||||
3 | mechanical assistance;
| ||||||
4 | (ii) prepare returns or claims for refunds for | ||||||
5 | the employer by whom he
or she is regularly and | ||||||
6 | continuously employed;
| ||||||
7 | (iii) prepare as a fiduciary returns or claims | ||||||
8 | for refunds for any
person; or
| ||||||
9 | (iv) prepare claims for refunds for a taxpayer | ||||||
10 | in response to any
notice
of deficiency issued to | ||||||
11 | that taxpayer or in response to any waiver of
| ||||||
12 | restriction after the commencement of an audit of | ||||||
13 | that taxpayer or of another
taxpayer if a | ||||||
14 | determination in the audit of the other taxpayer | ||||||
15 | directly or
indirectly affects the tax liability | ||||||
16 | of the taxpayer whose claims he or she is
| ||||||
17 | preparing.
| ||||||
18 | (27) Unitary business group. | ||||||
19 | (A) The term "unitary business group" means
a | ||||||
20 | group of persons related through common ownership | ||||||
21 | whose business activities
are integrated with, | ||||||
22 | dependent upon and contribute to each other. The group
| ||||||
23 | will not include those members whose business activity | ||||||
24 | outside the United
States is 80% or more of any such | ||||||
25 | member's total business activity; for
purposes of this | ||||||
26 | paragraph and clause (a)(3)(B)(ii) of Section 304,
|
| |||||||
| |||||||
1 | business
activity within the United States shall be | ||||||
2 | measured by means of the factors
ordinarily applicable | ||||||
3 | under subsections (a), (b), (c), (d), or (h)
of | ||||||
4 | Section
304 except that, in the case of members | ||||||
5 | ordinarily required to apportion
business income by | ||||||
6 | means of the 3 factor formula of property, payroll and | ||||||
7 | sales
specified in subsection (a) of Section 304, | ||||||
8 | including the
formula as weighted in subsection (h) of | ||||||
9 | Section 304, such members shall
not use the sales | ||||||
10 | factor in the computation and the results of the | ||||||
11 | property
and payroll factor computations of subsection | ||||||
12 | (a) of Section 304 shall be
divided by 2 (by one if | ||||||
13 | either
the property or payroll factor has a | ||||||
14 | denominator of zero). The computation
required by the | ||||||
15 | preceding sentence shall, in each case, involve the | ||||||
16 | division of
the member's property, payroll, or revenue | ||||||
17 | miles in the United States,
insurance premiums on | ||||||
18 | property or risk in the United States, or financial
| ||||||
19 | organization business income from sources within the | ||||||
20 | United States, as the
case may be, by the respective | ||||||
21 | worldwide figures for such items. Common
ownership in | ||||||
22 | the case of corporations is the direct or indirect | ||||||
23 | control or
ownership of more than 50% of the | ||||||
24 | outstanding voting stock of the persons
carrying on | ||||||
25 | unitary business activity. Unitary business activity | ||||||
26 | can
ordinarily be illustrated where the activities of |
| |||||||
| |||||||
1 | the members are: (1) in the
same general line (such as | ||||||
2 | manufacturing, wholesaling, retailing of tangible
| ||||||
3 | personal property, insurance, transportation or | ||||||
4 | finance); or (2) are steps in a
vertically structured | ||||||
5 | enterprise or process (such as the steps involved in | ||||||
6 | the
production of natural resources, which might | ||||||
7 | include exploration, mining,
refining, and marketing); | ||||||
8 | and, in either instance, the members are functionally
| ||||||
9 | integrated through the exercise of strong centralized | ||||||
10 | management (where, for
example, authority over such | ||||||
11 | matters as purchasing, financing, tax compliance,
| ||||||
12 | product line, personnel, marketing and capital | ||||||
13 | investment is not left to each
member).
| ||||||
14 | (B) In no event, for taxable years ending prior to | ||||||
15 | December 31, 2017, shall any
unitary business group | ||||||
16 | include members
which are ordinarily required to | ||||||
17 | apportion business income under different
subsections | ||||||
18 | of Section 304 except that for tax years ending on or | ||||||
19 | after
December 31, 1987 this prohibition shall not | ||||||
20 | apply to a holding company that would otherwise be a | ||||||
21 | member of a unitary business group with taxpayers that | ||||||
22 | apportion business income under any of subsections | ||||||
23 | (b), (c), (c-1), or (d) of Section 304. If a unitary | ||||||
24 | business
group would, but for the preceding sentence, | ||||||
25 | include members that are
ordinarily required to | ||||||
26 | apportion business income under different subsections |
| |||||||
| |||||||
1 | of
Section 304, then for each subsection of Section | ||||||
2 | 304 for which there are two or
more members, there | ||||||
3 | shall be a separate unitary business group composed of | ||||||
4 | such
members. For purposes of the preceding two | ||||||
5 | sentences, a member is "ordinarily
required to | ||||||
6 | apportion business income" under a particular | ||||||
7 | subsection of Section
304 if it would be required to | ||||||
8 | use the apportionment method prescribed by such
| ||||||
9 | subsection except for the fact that it derives | ||||||
10 | business income solely from
Illinois. As used in this | ||||||
11 | paragraph, for taxable years ending before December | ||||||
12 | 31, 2017, the phrase "United States" means only the 50 | ||||||
13 | states and the District of Columbia, but does not | ||||||
14 | include any territory or possession of the United | ||||||
15 | States or any area over which the United States has | ||||||
16 | asserted jurisdiction or claimed exclusive rights with | ||||||
17 | respect to the exploration for or exploitation of | ||||||
18 | natural resources.
For taxable years ending on or | ||||||
19 | after December 31, 2017, the phrase "United States", | ||||||
20 | as used in this paragraph, means only the 50 states, | ||||||
21 | the District of Columbia, and any area over which the | ||||||
22 | United States has asserted jurisdiction or claimed | ||||||
23 | exclusive rights with respect to the exploration for | ||||||
24 | or exploitation of natural resources, but does not | ||||||
25 | include any territory or possession of the United | ||||||
26 | States. |
| |||||||
| |||||||
1 | (C) Holding companies. | ||||||
2 | (i) For purposes of this subparagraph, a | ||||||
3 | "holding company" is a corporation (other than a | ||||||
4 | corporation that is a financial organization under | ||||||
5 | paragraph (8) of this subsection (a) of Section | ||||||
6 | 1501 because it is a bank holding company under | ||||||
7 | the provisions of the Bank Holding Company Act of | ||||||
8 | 1956 (12 U.S.C. 1841, et seq.) or because it is | ||||||
9 | owned by a bank or a bank holding company) that | ||||||
10 | owns a controlling interest in one or more other | ||||||
11 | taxpayers ("controlled taxpayers"); that, during | ||||||
12 | the period that includes the taxable year and the | ||||||
13 | 2 immediately preceding taxable years or, if the | ||||||
14 | corporation was formed during the current or | ||||||
15 | immediately preceding taxable year, the taxable | ||||||
16 | years in which the corporation has been in | ||||||
17 | existence, derived substantially all its gross | ||||||
18 | income from dividends, interest, rents, royalties, | ||||||
19 | fees or other charges received from controlled | ||||||
20 | taxpayers for the provision of services, and gains | ||||||
21 | on the sale or other disposition of interests in | ||||||
22 | controlled taxpayers or in property leased or | ||||||
23 | licensed to controlled taxpayers or used by the | ||||||
24 | taxpayer in providing services to controlled | ||||||
25 | taxpayers; and that incurs no substantial expenses | ||||||
26 | other than expenses (including interest and other |
| |||||||
| |||||||
1 | costs of borrowing) incurred in connection with | ||||||
2 | the acquisition and holding of interests in | ||||||
3 | controlled taxpayers and in the provision of | ||||||
4 | services to controlled taxpayers or in the leasing | ||||||
5 | or licensing of property to controlled taxpayers. | ||||||
6 | (ii) The income of a holding company which is | ||||||
7 | a member of more than one unitary business group | ||||||
8 | shall be included in each unitary business group | ||||||
9 | of which it is a member on a pro rata basis, by | ||||||
10 | including in each unitary business group that | ||||||
11 | portion of the base income of the holding company | ||||||
12 | that bears the same proportion to the total base | ||||||
13 | income of the holding company as the gross | ||||||
14 | receipts of the unitary business group bears to | ||||||
15 | the combined gross receipts of all unitary | ||||||
16 | business groups (in both cases without regard to | ||||||
17 | the holding company) or on any other reasonable | ||||||
18 | basis, consistently applied. | ||||||
19 | (iii) A holding company shall apportion its | ||||||
20 | business income under the subsection of Section | ||||||
21 | 304 used by the other members of its unitary | ||||||
22 | business group. The apportionment factors of a | ||||||
23 | holding company which would be a member of more | ||||||
24 | than one unitary business group shall be included | ||||||
25 | with the apportionment factors of each unitary | ||||||
26 | business group of which it is a member on a pro |
| |||||||
| |||||||
1 | rata basis using the same method used in clause | ||||||
2 | (ii). | ||||||
3 | (iv) The provisions of this subparagraph (C) | ||||||
4 | are intended to clarify existing law. | ||||||
5 | (D) If including the base income and factors of a | ||||||
6 | holding company in more than one unitary business | ||||||
7 | group under subparagraph (C) does not fairly reflect | ||||||
8 | the degree of integration between the holding company | ||||||
9 | and one or more of the unitary business groups, the | ||||||
10 | dependence of the holding company and one or more of | ||||||
11 | the unitary business groups upon each other, or the | ||||||
12 | contributions between the holding company and one or | ||||||
13 | more of the unitary business groups, the holding | ||||||
14 | company may petition the Director, under the | ||||||
15 | procedures provided under Section 304(f), for | ||||||
16 | permission to include all base income and factors of | ||||||
17 | the holding company only with members of a unitary | ||||||
18 | business group apportioning their business income | ||||||
19 | under one subsection of subsections (a), (b), (c), or | ||||||
20 | (d) of Section 304. If the petition is granted, the | ||||||
21 | holding company shall be included in a unitary | ||||||
22 | business group only with persons apportioning their | ||||||
23 | business income under the selected subsection of | ||||||
24 | Section 304 until the Director grants a petition of | ||||||
25 | the holding company either to be included in more than | ||||||
26 | one unitary business group under subparagraph (C) or |
| |||||||
| |||||||
1 | to include its base income and factors only with | ||||||
2 | members of a unitary business group apportioning their | ||||||
3 | business income under a different subsection of | ||||||
4 | Section 304. | ||||||
5 | (E) If the unitary business group members' | ||||||
6 | accounting periods differ,
the common parent's | ||||||
7 | accounting period or, if there is no common parent, | ||||||
8 | the
accounting period of the member that is expected | ||||||
9 | to have, on a recurring basis,
the greatest Illinois | ||||||
10 | income tax liability must be used to determine whether | ||||||
11 | to
use the apportionment method provided in subsection | ||||||
12 | (a) or subsection (h) of
Section 304. The
prohibition | ||||||
13 | against membership in a unitary business group for | ||||||
14 | taxpayers
ordinarily required to apportion income | ||||||
15 | under different subsections of Section
304 does not | ||||||
16 | apply to taxpayers required to apportion income under | ||||||
17 | subsection
(a) and subsection (h) of Section
304. The | ||||||
18 | provisions of this amendatory Act of 1998 apply to tax
| ||||||
19 | years ending on or after December 31, 1998.
| ||||||
20 | (28) Subchapter S corporation. The term "Subchapter S | ||||||
21 | corporation"
means a corporation for which there is in | ||||||
22 | effect an election under Section
1362 of the Internal | ||||||
23 | Revenue Code, or for which there is a federal election
to | ||||||
24 | opt out of the provisions of the Subchapter S Revision Act | ||||||
25 | of 1982 and
have applied instead the prior federal | ||||||
26 | Subchapter S rules as in effect on July
1, 1982.
|
| |||||||
| |||||||
1 | (30) Foreign person. The term "foreign person" means | ||||||
2 | any person who is a nonresident noncitizen alien | ||||||
3 | individual and any nonindividual entity, regardless of | ||||||
4 | where created or organized, whose business activity | ||||||
5 | outside the United States is 80% or more of the entity's | ||||||
6 | total business activity.
| ||||||
7 | (b) Other definitions.
| ||||||
8 | (1) Words denoting number, gender, and so forth,
when | ||||||
9 | used in this Act, where not otherwise distinctly expressed | ||||||
10 | or manifestly
incompatible with the intent thereof:
| ||||||
11 | (A) Words importing the singular include and apply | ||||||
12 | to several persons,
parties or things;
| ||||||
13 | (B) Words importing the plural include the | ||||||
14 | singular; and
| ||||||
15 | (C) Words importing the masculine gender include | ||||||
16 | the feminine as well.
| ||||||
17 | (2) "Company" or "association" as including successors | ||||||
18 | and assigns. The
word "company" or "association", when | ||||||
19 | used in reference to a corporation,
shall be deemed to | ||||||
20 | embrace the words "successors and assigns of such company
| ||||||
21 | or association", and in like manner as if these last-named | ||||||
22 | words, or words
of similar import, were expressed.
| ||||||
23 | (3) Other terms. Any term used in any Section of this | ||||||
24 | Act with respect
to the application of, or in connection | ||||||
25 | with, the provisions of any other
Section of this Act |
| |||||||
| |||||||
1 | shall have the same meaning as in such other Section.
| ||||||
2 | (Source: P.A. 99-213, eff. 7-31-15; 100-22, eff. 7-6-17.)
| ||||||
3 | Section 30. The Interstate Insurance Receivership Compact | ||||||
4 | Act is amended by changing Section 5 as follows:
| ||||||
5 | (45 ILCS 160/5)
| ||||||
6 | Sec. 5. Ratification of Compact. The State of Illinois | ||||||
7 | ratifies and
approves the Interstate Insurance Receivership | ||||||
8 | Compact and enters into that
Compact with all other | ||||||
9 | jurisdictions legally joining in it in substantially the
| ||||||
10 | following form:
| ||||||
11 | ARTICLE I. PURPOSES
| ||||||
12 | The purposes of this Compact are, through means of joint | ||||||
13 | and cooperative
action among the compacting states:
| ||||||
14 | (1) to promote, develop and facilitate orderly, efficient, | ||||||
15 | cost-effective,
and uniform insurer receivership laws and | ||||||
16 | operations;
| ||||||
17 | (2) to coordinate interaction between insurer receivership | ||||||
18 | and Guaranty
Association operations;
| ||||||
19 | (3) to create the Interstate Insurance Receivership | ||||||
20 | Commission; and
| ||||||
21 | (4) to perform these and such other related functions as | ||||||
22 | may be
consistent with the state regulation of the business of | ||||||
23 | insurance pursuant to
the McCarran-Ferguson Act.
|
| |||||||
| |||||||
1 | ARTICLE II. DEFINITIONS
| ||||||
2 | For the purposes of this Compact:
| ||||||
3 | (1) "By-laws" means those by-laws prescribed by the | ||||||
4 | Commission for its
governance or for directing or controlling | ||||||
5 | the Commission's actions or
conduct.
| ||||||
6 | (2) "Compacting state" means any state which has enacted | ||||||
7 | enabling
legislation for this Compact.
| ||||||
8 | (3) "Commission" means the Interstate Insurance | ||||||
9 | Receivership Commission
established by this Compact.
| ||||||
10 | (4) "Commissioner" means the chief insurance regulatory | ||||||
11 | official of a state.
| ||||||
12 | (5) "Deputy Receiver" means a person appointed or retained | ||||||
13 | by a
Receiver and who is the Receiver's duly authorized | ||||||
14 | representative for
administering one or more estates.
| ||||||
15 | (6) "Domiciliary state" means the state in which an | ||||||
16 | insurer is incorporated
or organized; or, in the case of a | ||||||
17 | non-domestic an alien insurer, its state of entry; or in
the | ||||||
18 | case of an unauthorized insurer not incorporated, organized, | ||||||
19 | or entered in
any state, a state where the insurer is engaged | ||||||
20 | in or doing business.
| ||||||
21 | (7) "Estate" means the assets and liabilities of any | ||||||
22 | insurer in
receivership.
| ||||||
23 | (8) "Guaranty Association" means an insurance guaranty | ||||||
24 | fund or association
or any similar entity now or hereafter | ||||||
25 | created by statute in a compacting
state, other than a |
| |||||||
| |||||||
1 | receivership, to pay or assume, in whole or in part, the
| ||||||
2 | contractual claim obligations of insolvent insurers.
| ||||||
3 | (9) "Insurer" means any person or entity that has done, | ||||||
4 | purports to do, is
doing, or is licensed to do any insurance or | ||||||
5 | reinsurance business, or is or has
been subject to the | ||||||
6 | authority of, or to liquidation, rehabilitation,
supervision, | ||||||
7 | conservation, or ancillary receivership by, any Commissioner.
| ||||||
8 | (10) "Member" means the Commissioner of a compacting state | ||||||
9 | or his or her
designee, who shall be a person officially | ||||||
10 | connected with the Commissioner
and who is wholly or | ||||||
11 | principally employed by the Commissioner.
| ||||||
12 | (11) "Non-compacting state" means a state which has not | ||||||
13 | enacted enabling
legislation for this Compact.
| ||||||
14 | (12) "Operating procedures" means procedures promulgated | ||||||
15 | by the Commission
implementing a rule, an existing law in a | ||||||
16 | compacting state, or a provision
of this Compact.
| ||||||
17 | (13) "Publication" means the act of publishing in the | ||||||
18 | official state
publication in a compacting state or in such | ||||||
19 | other publication as may be
established by the Commission.
| ||||||
20 | (14) "Receiver" means receiver, liquidator, rehabilitator, | ||||||
21 | conservator, or
ancillary receiver as the context requires.
| ||||||
22 | (15) "Receivership" means any liquidation, rehabilitation, | ||||||
23 | conservation, or
ancillary receivership proceeding as the | ||||||
24 | context requires.
| ||||||
25 | (16) "Rules" means acts of the Commission, duly | ||||||
26 | promulgated pursuant to
Article
VII
of this Compact, |
| |||||||
| |||||||
1 | substantially affecting interested parties in addition to the
| ||||||
2 | Commission, which shall have the force and effect of law in the | ||||||
3 | compacting
states.
| ||||||
4 | (17) "State" means any state, district or territory of the | ||||||
5 | United States of
America.
| ||||||
6 | ARTICLE III. ESTABLISHMENT OF THE COMMISSION AND VENUE
| ||||||
7 | (1) The compacting states hereby create and establish an | ||||||
8 | entity known as the
Interstate Insurance Receivership | ||||||
9 | Commission.
| ||||||
10 | (2) The Commission is a body corporate of each compacting | ||||||
11 | state.
| ||||||
12 | (3) The Commission is a not-for-profit entity, separate | ||||||
13 | and distinct from
the compacting states.
| ||||||
14 | (4) The Commission is solely responsible for its | ||||||
15 | liabilities except as
otherwise provided in this Compact.
| ||||||
16 | (5) Except as otherwise specifically provided in state or | ||||||
17 | federal law in the
jurisdiction where the Commission's | ||||||
18 | principal office is located or
where the Commission is acting | ||||||
19 | as Receiver, venue is proper and judicial
proceedings by or | ||||||
20 | against the Commission shall be brought in a court of
| ||||||
21 | competent jurisdiction where the Commission's principal office | ||||||
22 | is located.
| ||||||
23 | ARTICLE IV. POWERS OF THE COMMISSION
| ||||||
24 | The Commission shall have all of the following powers:
|
| |||||||
| |||||||
1 | (1) To promulgate rules which shall have the force and | ||||||
2 | effect of statutory
law and shall be binding in the compacting
| ||||||
3 | states to the extent and in the manner provided in this | ||||||
4 | Compact.
| ||||||
5 | (2) To promulgate operating procedures which shall be | ||||||
6 | binding in the
compacting states to the extent and in the | ||||||
7 | manner provided in this
Compact.
| ||||||
8 | (3) To oversee, supervise, and coordinate the activities | ||||||
9 | of receivers in
compacting states.
| ||||||
10 | (4) To act as Receiver of insurers organized under the | ||||||
11 | laws of, engaged
in, or doing the business of insurance in a | ||||||
12 | compacting state upon
the request of the Commissioner of such | ||||||
13 | state or when grounds for
receivership by the Commission exist | ||||||
14 | under Article IX of this
Compact.
| ||||||
15 | (5) To act as Deputy Receiver of insurers organized under | ||||||
16 | the laws of,
engaged in, or doing the business of insurance in | ||||||
17 | a non-compacting
state in accordance with Article IX of this | ||||||
18 | Compact.
| ||||||
19 | (6) To act as ancillary Receiver in a compacting state of | ||||||
20 | an insurer
domiciled in a non-compacting state.
| ||||||
21 | (7) To monitor the activities and functions of Guaranty
| ||||||
22 | Associations in the compacting states.
| ||||||
23 | (8) To delegate its operating authority or functions; | ||||||
24 | provided, that its
rulemaking authority under Article VII of | ||||||
25 | this Compact shall not
be delegated.
| ||||||
26 | (9) To bring or prosecute legal proceedings or actions in |
| |||||||
| |||||||
1 | its name as the
Commission, or in the name of the Commission | ||||||
2 | acting as Receiver.
| ||||||
3 | (10) To bring or prosecute legal proceedings or actions as | ||||||
4 | Receiver on
behalf of an
estate or its policyholders and | ||||||
5 | creditors; provided, that any Guaranty
Association's standing | ||||||
6 | to sue or be sued under applicable law shall not be
affected.
| ||||||
7 | (11) To issue subpoenas requiring the attendance and | ||||||
8 | testimony of
witnesses and the production of evidence.
| ||||||
9 | (12) To establish and maintain offices.
| ||||||
10 | (13) To purchase and maintain insurance and bonds.
| ||||||
11 | (14) To borrow, accept, or contract for services of | ||||||
12 | personnel including,
but not limited to, members and their | ||||||
13 | staff.
| ||||||
14 | (15) To elect or appoint such officers, attorneys, | ||||||
15 | employees, or agents,
and to fix their compensation, define | ||||||
16 | their duties, and determine their
qualifications; and to | ||||||
17 | establish the Commission's personnel policies and
programs | ||||||
18 | relating to, among other things, conflicts of interest, rates | ||||||
19 | of
compensation, and qualifications of personnel.
| ||||||
20 | (16) To accept any and all donations and grants of money, | ||||||
21 | equipment,
supplies, materials, and services, and to receive, | ||||||
22 | utilize, and dispose
of the same.
| ||||||
23 | (17) To lease, purchase, accept gifts or donations of, or | ||||||
24 | otherwise to own,
hold, improve or use, any property, real, | ||||||
25 | personal, or mixed.
| ||||||
26 | (18) To sell, convey, mortgage, pledge, lease, exchange, |
| |||||||
| |||||||
1 | abandon, or
otherwise dispose of any property, real, personal, | ||||||
2 | or mixed.
| ||||||
3 | (19) To enforce compliance with Commission rules, | ||||||
4 | operating
procedures, and by-laws.
| ||||||
5 | (20) To provide for dispute resolution among compacting | ||||||
6 | states and
Receivers.
| ||||||
7 | (21) To represent and advise compacting states on issues | ||||||
8 | relating to
insurers domiciled or doing business in | ||||||
9 | non-compacting jurisdictions,
consistent with the purposes of | ||||||
10 | this compact.
| ||||||
11 | (22) To provide advice and training to receivership | ||||||
12 | personnel of
compacting states, and to be a resource for | ||||||
13 | compacting states by
maintaining a reference library of | ||||||
14 | relevant materials.
| ||||||
15 | (23) To establish a budget and make expenditures.
| ||||||
16 | (24) To borrow money.
| ||||||
17 | (25) To appoint committees including, but not limited to, | ||||||
18 | an industry
advisory committee and an executive committee of | ||||||
19 | members.
| ||||||
20 | (26) To provide and receive information relating to | ||||||
21 | receiverships and
Guaranty Associations and to cooperate with | ||||||
22 | law enforcement agencies.
| ||||||
23 | (27) To adopt and use a corporate seal.
| ||||||
24 | (28) To perform such other functions as may be necessary | ||||||
25 | or appropriate
to achieve the purposes of this Compact as may | ||||||
26 | be consistent
with the state regulation of the business of |
| |||||||
| |||||||
1 | insurance pursuant
to the McCarran-Ferguson
Act.
| ||||||
2 | ARTICLE V. ORGANIZATION OF THE COMMISSION
| ||||||
3 | Section A. Membership, voting, and by-laws.
| ||||||
4 | (1) A compacting state shall have and be limited to one | ||||||
5 | member.
A member shall be qualified to serve in such capacity | ||||||
6 | under or pursuant to the
applicable law of the compacting | ||||||
7 | state. A compacting state retains the
discretionary right to | ||||||
8 | determine the due election or appointment
and qualification of | ||||||
9 | its own Commissioner, and to fill all vacancies of its
member.
| ||||||
10 | (2) A member shall be entitled to one vote.
| ||||||
11 | (3) The Commission shall, by a majority of the members, | ||||||
12 | prescribe by-laws
to govern its conduct as may be necessary or | ||||||
13 | appropriate to
carry out the purposes of the Compact, | ||||||
14 | including, but not limited
to:
| ||||||
15 | (a) establishing the fiscal year of the Commission;
| ||||||
16 | (b) providing reasonable standards and procedures:
| ||||||
17 | (i) for the establishment of committees, and (ii) | ||||||
18 | governing any general or
specific delegation of any authority | ||||||
19 | or function of the Commission;
| ||||||
20 | (c) providing reasonable procedures for calling and | ||||||
21 | conducting
meetings of the Commission and for ensuring | ||||||
22 | reasonable notice
of each such meeting;
| ||||||
23 | (d) establishing the titles and responsibilities of | ||||||
24 | the officers of the
Commission;
| ||||||
25 | (e) providing reasonable standards and procedures for |
| |||||||
| |||||||
1 | the
establishment of the personnel policies and programs | ||||||
2 | of the
Commission. Notwithstanding any civil service or | ||||||
3 | other
similar laws of any compacting state, the by-laws | ||||||
4 | shall
exclusively govern the personnel policies and | ||||||
5 | programs of
the Commission; and
| ||||||
6 | (f) providing a mechanism for winding up the | ||||||
7 | operations of the
Commission and the equitable return of | ||||||
8 | any surplus funds
that may exist after the dissolution of | ||||||
9 | the Compact after the
payment or reserving of all of its | ||||||
10 | debts and
obligations, or both.
| ||||||
11 | Section B. Officers and personnel.
| ||||||
12 | (1) The Commission shall, by a majority of the members, | ||||||
13 | elect annually
from among its members a chairperson and a vice | ||||||
14 | chairperson,
each
of whom shall have such authorities and | ||||||
15 | duties as may be
specified
in the by-laws. The chairperson or, | ||||||
16 | in his or her absence or
disability, a member designated in | ||||||
17 | accordance with the by-laws,
shall preside at all meetings of | ||||||
18 | the Commission. The officers
so elected shall serve without | ||||||
19 | compensation or remuneration from
the Commission; provided, | ||||||
20 | that subject to the availability of
budgeted funds, the | ||||||
21 | officers shall be reimbursed for any actual and
necessary | ||||||
22 | costs and
expenses incurred by them in the performance of | ||||||
23 | their duties and
responsibilities as officers of the | ||||||
24 | Commission.
| ||||||
25 | (2) The Commission may, by a majority of the members, |
| |||||||
| |||||||
1 | appoint or
retain an executive director for such period, upon | ||||||
2 | such terms and
conditions and for such compensation as the | ||||||
3 | Commission may deem
appropriate. The executive director shall | ||||||
4 | serve as secretary to the
Commission, but shall not be a member | ||||||
5 | of the Commission. The
executive director shall hire and | ||||||
6 | supervise such other staff as may
be authorized by the | ||||||
7 | Commission.
| ||||||
8 | Section C. Corporate records of the Commission.
The | ||||||
9 | Commission shall maintain its corporate books and records in
| ||||||
10 | accordance with the by-laws.
| ||||||
11 | Section D. Qualified immunity, defense, and | ||||||
12 | indemnification.
| ||||||
13 | (1) The members, officers, executive director, and | ||||||
14 | employees of the
Commission shall be immune from suit and | ||||||
15 | liability, either personally or in
their official capacity, | ||||||
16 | for any claim for damage to or loss of property or
personal | ||||||
17 | injury or other civil liability caused or arising out of or | ||||||
18 | relating
to any actual or alleged act, error, or omission that | ||||||
19 | occurred, or that such
person had a reasonable basis for | ||||||
20 | believing occurred within
the scope of Commission employment, | ||||||
21 | duties, or responsibilities;
provided, that nothing in this | ||||||
22 | paragraph shall be construed to protect
any such person from | ||||||
23 | suit or liability, or both, for any damage, loss, injury,
or | ||||||
24 | liability caused by the intentional or willful and wanton |
| |||||||
| |||||||
1 | misconduct
of any such person, or to protect the Commission | ||||||
2 | acting as Receiver
under Article IX of this Compact.
| ||||||
3 | (2) The Commission shall defend any Commissioner of a | ||||||
4 | compacting
state, his or her representatives or employees, or | ||||||
5 | the
Commission's representatives or employees in any civil | ||||||
6 | action
seeking to impose liability against such person arising | ||||||
7 | out of or relating to
any actual
or alleged act, error, or | ||||||
8 | omission that occurred within the scope of Commission
| ||||||
9 | employment, duties, or responsibilities or that such person
| ||||||
10 | had a reasonable basis for believing occurred within the scope | ||||||
11 | of
Commission employment, duties, or responsibilities; | ||||||
12 | provided, that the
actual or alleged act, error, or omission | ||||||
13 | did not result from gross
negligence or intentional wrongdoing | ||||||
14 | on the part of such person.
| ||||||
15 | (3) The Commission shall indemnify and hold the | ||||||
16 | Commissioner of a
compacting state, his or her representatives | ||||||
17 | or employees, or the
Commission's representatives or employees | ||||||
18 | harmless in the amount
of any settlement or judgment obtained | ||||||
19 | against such person
arising
out of or relating to any actual or | ||||||
20 | alleged act, error, or omission that
occurred within the scope | ||||||
21 | of Commission employment, duties, or responsibilities
or that | ||||||
22 | such person had a reasonable basis for believing occurred
| ||||||
23 | within the scope of Commission employment, duties, or
| ||||||
24 | responsibilities; provided, that the actual or alleged act,
| ||||||
25 | error, or
omission did not result from gross negligence or | ||||||
26 | intentional
wrongdoing on the part of such person.
|
| |||||||
| |||||||
1 | (4) The costs and expenses of defense and indemnification | ||||||
2 | of the Commission
acting as Receiver of an estate shall be paid | ||||||
3 | as administrative expenses from
the assets of that estate | ||||||
4 | unless such costs and expenses are covered by
insurance | ||||||
5 | maintained by the Commission.
| ||||||
6 | ARTICLE VI. MEETINGS AND ACTS OF THE COMMISSION
| ||||||
7 | (1) The Commission shall meet and take such actions as are | ||||||
8 | consistent with
the provisions of this Compact.
| ||||||
9 | (2) Except as otherwise provided in this Compact and | ||||||
10 | unless a greater
percentage is required by the by-laws, in | ||||||
11 | order to constitute an act of the
Commission, such act shall | ||||||
12 | have been taken at a meeting of the
Commission and shall have | ||||||
13 | received an affirmative vote of a majority of the
members.
| ||||||
14 | (3) Each member of the Commission shall have the right and | ||||||
15 | power to cast a
vote to which that compacting state is entitled | ||||||
16 | and to participate in the
business and affairs of the | ||||||
17 | Commission. A member shall vote in person and
shall not | ||||||
18 | delegate his or her vote to another member. The by-laws may
| ||||||
19 | provide for members' participation in meetings by telephone or | ||||||
20 | other means
of telecommunication.
| ||||||
21 | (4) The Commission shall meet at least once during each | ||||||
22 | calendar year. The
chairperson of the Commission may call | ||||||
23 | additional meetings at any time
and, upon the request of a | ||||||
24 | majority of the members, shall call additional
meetings.
| ||||||
25 | (5) The Commission's rules shall establish conditions and |
| |||||||
| |||||||
1 | procedures under
which the Commission shall make its | ||||||
2 | information and official records
available to the public for | ||||||
3 | inspection or copying. The Commission may
exempt from | ||||||
4 | disclosure any information or official records to the extent
| ||||||
5 | disclosure would adversely affect personal privacy rights or | ||||||
6 | proprietary
interests. In
promulgating such rules, the | ||||||
7 | Commission may consider any special circumstances
pertaining | ||||||
8 | to insurer insolvencies, but shall be guided by the principles
| ||||||
9 | embodied in state and federal freedom of information laws. The
| ||||||
10 | Commission may promulgate additional rules under which it may | ||||||
11 | make
available to law enforcement agencies records and | ||||||
12 | information otherwise
exempt from disclosure and may enter | ||||||
13 | into agreements with law
enforcement agencies to receive or | ||||||
14 | exchange information or records subject
to nondisclosure and | ||||||
15 | confidentiality provisions.
| ||||||
16 | (6) Public notice shall be given of all meetings, and all | ||||||
17 | meetings shall be
open to the public, except as set forth in | ||||||
18 | the rules or as otherwise provided
in this Compact. The | ||||||
19 | Commission shall promulgate rules consistent with the
| ||||||
20 | principles contained in the federal Government in Sunshine | ||||||
21 | Act, 5 U.S.C.
Section 552b, as may be amended. The Commission | ||||||
22 | and any of its committees may
close a meeting to the public | ||||||
23 | where it determines by two-thirds vote that an
open meeting | ||||||
24 | would be likely to:
| ||||||
25 | (a) relate solely to the Commission's internal | ||||||
26 | personnel practices and
procedures;
|
| |||||||
| |||||||
1 | (b) disclose matters specifically exempted from | ||||||
2 | disclosure by statute;
| ||||||
3 | (c) disclose trade secrets or commercial or financial | ||||||
4 | information which
is privileged or confidential;
| ||||||
5 | (d) involve accusing any person of a crime or formally | ||||||
6 | censuring any
person;
| ||||||
7 | (e) disclose information of a personal nature where | ||||||
8 | disclosure would
constitute a clearly unwarranted invasion | ||||||
9 | of personal privacy;
| ||||||
10 | (f) disclose investigatory records compiled for law | ||||||
11 | enforcement
purposes;
| ||||||
12 | (g) disclose information contained in or related to | ||||||
13 | examination,
operating,
or condition reports prepared by, | ||||||
14 | on behalf of, or for the use of the
Commission with respect | ||||||
15 | to a regulated entity for the purpose of
regulation or | ||||||
16 | supervision of such entity;
| ||||||
17 | (h) disclose information, the premature disclosure of | ||||||
18 | which would
significantly endanger the stability of a | ||||||
19 | regulated entity;
| ||||||
20 | (i) specifically relate to the Commission's issuance | ||||||
21 | of a subpoena or its
participation in a civil action or | ||||||
22 | proceeding.
| ||||||
23 | (7) For every meeting closed pursuant to paragraph (6), | ||||||
24 | the Commission's
chief
legal officer shall publicly certify | ||||||
25 | that, in his or her opinion, the meeting
may be closed to the | ||||||
26 | public and shall reference each relevant exemptive
provision. |
| |||||||
| |||||||
1 | The Commission shall keep minutes which shall fully and
| ||||||
2 | clearly describe all matters discussed in any meeting and | ||||||
3 | shall provide a
full and accurate summary of any actions taken | ||||||
4 | and the reasons therefor,
including a description of each of | ||||||
5 | the views expressed on any item and the
record of any roll call | ||||||
6 | vote (reflected in the vote of each member on the
question). | ||||||
7 | All documents considered in connection with any action shall | ||||||
8 | be
identified in such minutes.
| ||||||
9 | ARTICLE VII. RULEMAKING FUNCTIONS OF THE COMMISSION
| ||||||
10 | (1) The Commission shall promulgate rules and operating | ||||||
11 | procedures in order
to effectively and efficiently achieve the | ||||||
12 | purposes of this Compact; provided,
that the Commission shall | ||||||
13 | not promulgate any rules: (i) directly relating to
Guaranty
| ||||||
14 | Associations including, but not limited to, rules governing | ||||||
15 | coverage, funding,
or assessment mechanisms, or (ii)
(except | ||||||
16 | pursuant
to rules promulgated under Article VII(3) of this | ||||||
17 | Compact)
altering the statutory priorities for distributing | ||||||
18 | assets out of an estate.
| ||||||
19 | (2) Rulemaking shall occur pursuant to the criteria set | ||||||
20 | forth in this
Article
and
the rules and operating procedures | ||||||
21 | promulgated pursuant thereto. Such
rulemaking shall | ||||||
22 | substantially conform to the principles of the federal
| ||||||
23 | Administrative Procedure Act, 5 U.S.C.S. Section 551 et seq. | ||||||
24 | and the Federal
Advisory
Committee Act, 5 U.S.C.S. app. 2, | ||||||
25 | Section 1 et seq., as may be amended.
|
| |||||||
| |||||||
1 | (3) Other than the promulgation of such rules as are | ||||||
2 | necessary for the
orderly
operation of the Commission, the | ||||||
3 | first rule to be considered by the
Commission shall be uniform | ||||||
4 | provisions governing insurer receiverships
including, but not | ||||||
5 | limited to, provisions requiring compacting states to
| ||||||
6 | implement, execute, and administer in a fair, just, effective, | ||||||
7 | and efficient
manner rules and operating procedures relating | ||||||
8 | to receiverships. The
Commission shall within 3 years of the | ||||||
9 | adoption of this Compact by 2
or more states, promulgate such | ||||||
10 | uniform provisions through the rulemaking
process. Such | ||||||
11 | uniform provisions shall become law in all of the compacting
| ||||||
12 | states upon legislative enactment in a majority of the | ||||||
13 | compacting states.
| ||||||
14 | (4) All rules and amendments shall become binding as of | ||||||
15 | the date specified
in each rule or amendment; provided, that | ||||||
16 | if a compacting state expressly
rejects such rule or amendment | ||||||
17 | through legislative enactment as of the
expiration of the | ||||||
18 | second full calendar year after such rule is promulgated,
such | ||||||
19 | rule or amendment shall
have no further force or effect in the | ||||||
20 | rejecting compacting state. If a
majority of compacting states | ||||||
21 | reject a rule, then such rule shall have no
further force or | ||||||
22 | effect in any compacting state.
| ||||||
23 | (5) When promulgating a rule or operating procedure, the | ||||||
24 | Commission shall:
| ||||||
25 | (a) effect
publication of the proposed rulemaking, | ||||||
26 | stating with particularity the text
of the rule or |
| |||||||
| |||||||
1 | operating procedure which is proposed and the reason for
| ||||||
2 | the proposed rule or operating procedure;
| ||||||
3 | (b) allow persons to submit
written data, facts, | ||||||
4 | opinions and arguments, which information the Commission
| ||||||
5 | shall make
publicly available;
| ||||||
6 | (c) provide an opportunity for an informal hearing; | ||||||
7 | and
| ||||||
8 | (d) promulgate
a final rule or operating procedure and | ||||||
9 | its effective date, if
appropriate, based on the | ||||||
10 | rulemaking record.
| ||||||
11 | (6) Not later than 60 days after a rule or operating | ||||||
12 | procedure is
promulgated, any interested person may file a | ||||||
13 | petition in a court of
competent jurisdiction where the | ||||||
14 | Commission's principal office is located for
judicial review | ||||||
15 | of such rule or operating procedure. If the court finds that
| ||||||
16 | the Commission's action is not supported by substantial | ||||||
17 | evidence in the
rulemaking record, the court shall hold the | ||||||
18 | rule unlawful and set it aside.
| ||||||
19 | ARTICLE VIII. OVERSIGHT AND
| ||||||
20 | DISPUTE RESOLUTION BY THE COMMISSION
| ||||||
21 | Section A. Oversight.
| ||||||
22 | (1) The Commission shall oversee the administration and | ||||||
23 | operations of
receiverships in compacting states and shall | ||||||
24 | monitor receiverships being
administered in
non-compacting
|
| |||||||
| |||||||
1 | states which may significantly affect compacting states.
| ||||||
2 | (2) To aid its monitoring, oversight, and coordination | ||||||
3 | responsibilities, the
Commission shall establish operating | ||||||
4 | procedures requiring each member
to submit written reports to | ||||||
5 | the Commission as follows:
| ||||||
6 | (a) An initial report to the Commission upon a finding | ||||||
7 | or other official
action by the compacting state that | ||||||
8 | grounds exist for receivership of an
insurer doing | ||||||
9 | business in more than one state.
Thereafter, reports shall | ||||||
10 | be submitted periodically and as otherwise
required | ||||||
11 | pursuant to the Commission's operating procedures. The
| ||||||
12 | Commission shall be entitled to receive notice of, and | ||||||
13 | shall have
standing to appear in, compacting states' | ||||||
14 | receiverships.
| ||||||
15 | (b) An initial report of the status of an insurer | ||||||
16 | within a reasonable time
after the initiation of a | ||||||
17 | receivership.
| ||||||
18 | (3) The Commission shall promulgate operating procedures | ||||||
19 | requiring Receivers
to submit to the Commission periodic | ||||||
20 | written reports and such additional
information and | ||||||
21 | documentation as the Commission may reasonably request.
Each | ||||||
22 | compacting state's Receivers shall establish the capability to | ||||||
23 | obtain
and provide all such records, data, and information | ||||||
24 | required by the Commission
in accordance with the Commission's | ||||||
25 | operating procedures.
| ||||||
26 | (4) Except as to privileged records, data, and |
| |||||||
| |||||||
1 | information, the laws of any
compacting state pertaining to | ||||||
2 | confidentiality or nondisclosure shall not
relieve any | ||||||
3 | compacting state Commissioner of the responsibility to | ||||||
4 | disclose
any relevant records, data, or information to the | ||||||
5 | Commission; provided, that
disclosure to the Commission shall | ||||||
6 | not be deemed to waive or otherwise
affect any confidentiality | ||||||
7 | requirement; and further provided, that the
Commission shall | ||||||
8 | be subject to the compacting state's laws pertaining to
| ||||||
9 | confidentiality and nondisclosure with respect to all such | ||||||
10 | records, data, and
information in its possession.
| ||||||
11 | (5) The courts and executive agencies in each compacting | ||||||
12 | state shall enforce
this Compact and shall take all actions | ||||||
13 | necessary and appropriate to
effectuate the Compact's purposes | ||||||
14 | and intent. In any receivership or other
judicial or | ||||||
15 | administrative proceeding in a compacting state pertaining to | ||||||
16 | the
subject matter of this Compact which may affect the | ||||||
17 | powers, responsibilities,
or actions of the Commission, the | ||||||
18 | Commission shall be entitled to receive
all service of process | ||||||
19 | in any such proceeding and shall have standing to
intervene in | ||||||
20 | the receivership or proceeding for all purposes.
| ||||||
21 | (6) The Commission shall analyze and correlate records, | ||||||
22 | data, information,
and
reports received from Receivers and | ||||||
23 | Guaranty Associations and shall make
recommendations for | ||||||
24 | improving their performance to the compacting
states. The | ||||||
25 | Commission shall include summary information and data
| ||||||
26 | regarding its oversight functions in its annual report.
|
| |||||||
| |||||||
1 | Section B. Dispute resolution.
| ||||||
2 | (1) The Commission shall attempt, upon the request of a | ||||||
3 | member, to resolve
any disputes or other issues which are | ||||||
4 | subject to this Compact and
which
may arise among compacting | ||||||
5 | states and non-compacting states.
| ||||||
6 | (2) The compacting states shall report to the Commission | ||||||
7 | on issues or
activities of concern to them and cooperate with | ||||||
8 | and support the
Commission in the discharge of its duties and | ||||||
9 | responsibilities.
| ||||||
10 | (3) The Commission shall promulgate an operating procedure | ||||||
11 | providing for
binding dispute resolution for disputes among | ||||||
12 | Receivers.
| ||||||
13 | (4) The Commission shall facilitate voluntary dispute | ||||||
14 | resolution for
disputes
among Guaranty Associations and | ||||||
15 | Receivers.
| ||||||
16 | ARTICLE IX. RECEIVERSHIP FUNCTIONS OF THE COMMISSION
| ||||||
17 | (1) The Commission has authority to act as Receiver of any | ||||||
18 | insurer
domiciled,
engaged in, or doing business in a | ||||||
19 | compacting state upon the request of
the Commissioner of such | ||||||
20 | compacting state or as otherwise provided in
this Compact.
| ||||||
21 | (a) The Commission as Receiver shall have all powers | ||||||
22 | and duties
pursuant to the receivership laws of the | ||||||
23 | domiciliary state.
| ||||||
24 | (b) The Commission shall maintain accounts of receipts |
| |||||||
| |||||||
1 | and
disbursements of the estates for which it is acting as | ||||||
2 | Receiver, consistent
with the accounting
practices and | ||||||
3 | procedures set forth in the by-laws.
| ||||||
4 | (c) The Commission shall cause an annual audit of each
| ||||||
5 | estate for which it is acting as Receiver, to be conducted | ||||||
6 | by an independent
certified public
accountant. The costs | ||||||
7 | and expenses of such audit shall be paid as
administrative | ||||||
8 | expenses from the assets of the estate. The Commission | ||||||
9 | shall
not cause an audit to be conducted of any estate that | ||||||
10 | lacks sufficient assets
to conduct such
audit.
| ||||||
11 | (d) The Commission as Receiver is authorized to | ||||||
12 | delegate its
receivership duties and functions and to | ||||||
13 | effectuate such delegation
through contracts with others.
| ||||||
14 | (2) The Commission shall act as Receiver of any insurer | ||||||
15 | domiciled or doing
business in a compacting state in the event | ||||||
16 | that the member acting as
Receiver in that compacting state | ||||||
17 | fails to comply with duly promulgated
Commission rules or | ||||||
18 | operating procedures. The Commission shall notify
such member | ||||||
19 | in writing of noncompliance with Commission rules
or operating | ||||||
20 | procedures. If the member acting as Receiver fails to remedy
| ||||||
21 | such noncompliance within 10 days after receipt of such
| ||||||
22 | notification, the Commission may petition the supervising | ||||||
23 | court before which
such receivership is pending for an order | ||||||
24 | substituting and appointing the
Commission as Receiver of the | ||||||
25 | estate.
| ||||||
26 | (3) The Commission shall not act as Receiver of an estate |
| |||||||
| |||||||
1 | which appears to
lack sufficient assets to fund such | ||||||
2 | receivership unless the compacting
state makes provisions for | ||||||
3 | the payment of the estate's administrative
expenses | ||||||
4 | satisfactory to the Commission.
| ||||||
5 | (4) The Commission may act as Deputy Receiver for any | ||||||
6 | insurer domiciled or
doing business in a non-compacting state | ||||||
7 | in accordance with such state's
laws upon request of that | ||||||
8 | non-compacting state's Commissioner and
approval of the | ||||||
9 | Commission.
| ||||||
10 | (5) With respect to receiverships pending in a compacting | ||||||
11 | state on the
effective date of the enactment of this Compact by | ||||||
12 | the compacting state:
| ||||||
13 | (a) the Commission may act as Receiver of an insurer | ||||||
14 | upon the request
of that compacting state's member and | ||||||
15 | approval of the
Commission;
and
| ||||||
16 | (b) the Commission shall oversee, monitor, and | ||||||
17 | coordinate the activities
of all receiverships pending in | ||||||
18 | that compacting state regardless
whether the Commission is | ||||||
19 | acting as Receiver of estates in such
state.
| ||||||
20 | ARTICLE X. FINANCE
| ||||||
21 | (1) The Commission shall pay or provide for the payment of | ||||||
22 | the reasonable
expenses of its establishment and organization.
| ||||||
23 | (2) Except as otherwise provided in this Compact or by act | ||||||
24 | of the
Commission,
the costs and expenses of each compacting | ||||||
25 | state shall be the sole and exclusive
responsibility of the |
| |||||||
| |||||||
1 | respective compacting state. The Commission may pay
or provide | ||||||
2 | for actual and necessary costs and expenses for attendance of | ||||||
3 | its
members
at official meetings of the Commission or its | ||||||
4 | designated committees.
| ||||||
5 | (3) The Commission shall levy on and collect an annual | ||||||
6 | assessment from each
compacting state and each insurer | ||||||
7 | authorized to do business in a
compacting state, and writing | ||||||
8 | direct insurance, to cover the cost of the
internal operations | ||||||
9 | and activities
of the Commission and its staff in a total | ||||||
10 | amount sufficient to cover the
Commission's annual budget.
| ||||||
11 | (a) The aggregate annual assessment amount shall be | ||||||
12 | allocated
75% to insurers, hereinafter referred to as the
| ||||||
13 | "insurers' portion", and 25% to compacting states,
| ||||||
14 | hereinafter referred to as the "compacting states' | ||||||
15 | portion". The
insurer portion shall be allocated to each | ||||||
16 | insurer by the percentage
derived from a fraction, the | ||||||
17 | numerator of which shall be the gross direct
written | ||||||
18 | premium
received on that insurer's business in all | ||||||
19 | compacting states and the
denominator of which shall be | ||||||
20 | the gross direct written premium received by all
insurers
| ||||||
21 | on business in all compacting states. The compacting | ||||||
22 | states'
portion shall be allocated to each compacting | ||||||
23 | state by the
percentage derived from a fraction, the | ||||||
24 | numerator of which shall be
the gross direct written | ||||||
25 | premium received by all insurers on business in that
| ||||||
26 | compacting
state and the denominator shall be the gross |
| |||||||
| |||||||
1 | direct written premium received on
all
insurers on | ||||||
2 | business in all compacting states. A compacting
state's | ||||||
3 | portion shall be funded as designated by that state's
| ||||||
4 | legislature. In no event shall an insurer's assessment be | ||||||
5 | less than
$50 or more than $25,000; provided, that | ||||||
6 | affiliated insurers'
combined assessments shall not exceed | ||||||
7 | $50,000. Upon the request
of an insurer, the Commission | ||||||
8 | may exempt or defer the assessment
of any insurer if such | ||||||
9 | assessment would cause the insurer's
financial impairment.
| ||||||
10 | (b) These assessments shall not be used to pay any | ||||||
11 | costs or expenses
incurred by the Commission and its staff | ||||||
12 | acting as Receiver of
estates. Such costs and expenses | ||||||
13 | shall be paid as administrative expenses from
the assets | ||||||
14 | of the estates
as provided by law, except as otherwise | ||||||
15 | provided in this Compact.
| ||||||
16 | (c) An insurer authorized to do business in a | ||||||
17 | compacting state shall
timely pay assessments to the | ||||||
18 | Commission. Failure to pay such
assessments shall not be | ||||||
19 | grounds for the revocation, suspension, or
denial of an | ||||||
20 | insurer's authority to do business, but shall subject the
| ||||||
21 | insurer to suit by the Commission for recovery of any | ||||||
22 | assessment
due, attorneys' fees, and costs, together with | ||||||
23 | interest from the date
the assessment is due at a rate of | ||||||
24 | 10% per annum, and to civil
forfeiture in an amount to be | ||||||
25 | determined by the Commissioner of that
compacting state in | ||||||
26 | which the insurer received the greatest
premium in the |
| |||||||
| |||||||
1 | year next preceding the first year for which the
insurer | ||||||
2 | shall be delinquent in payment of assessments.
| ||||||
3 | (4) The Commission shall be reimbursed in the following | ||||||
4 | manner for the costs
and expenses incurred by the Commission | ||||||
5 | and its staff acting as Receiver
of estates to the extent that | ||||||
6 | an insurer's assets may be insufficient for the
effective | ||||||
7 | administration of its estate:
| ||||||
8 | (a) if the insurer is domiciled in a compacting state,
| ||||||
9 | the estate shall be closed unless that compacting state | ||||||
10 | makes
provisions for reimbursing the Commission; and
| ||||||
11 | (b) if the insurer is unauthorized to do business in a | ||||||
12 | compacting state
or if the insurer is domiciled in a | ||||||
13 | non-compacting state and subject
to ancillary | ||||||
14 | receivership, then the Commission and such state shall
| ||||||
15 | make provisions for reimbursing the Commission prior to | ||||||
16 | the
Commission becoming Receiver of such insurer.
| ||||||
17 | (5) To fund the cost of the initial operations of the | ||||||
18 | Commission until its
first
annual budget is adopted and | ||||||
19 | related assessments have been made,
contributions from | ||||||
20 | compacting states and others may be accepted and a one time
| ||||||
21 | assessment on insurers doing a direct insurance business in | ||||||
22 | the compacting
states may be
made not to exceed $450 per | ||||||
23 | insurer.
| ||||||
24 | (6) The Commission's adopted budget for a fiscal year | ||||||
25 | shall not be approved
until it has been subject to notice and | ||||||
26 | comment as set forth in Article VII of
this Compact. The budget |
| |||||||
| |||||||
1 | shall determine the amount of the annual
assessment. The | ||||||
2 | Commission may accumulate a net worth not to exceed
30% of its | ||||||
3 | then annual cost of operation to provide for
contingencies and | ||||||
4 | events not contemplated. These accumulated funds
shall
be held | ||||||
5 | separately and shall not be used for any other purpose. The
| ||||||
6 | Commission's budget may include a provision for a contribution | ||||||
7 | to the
Commission's net worth.
| ||||||
8 | (7) The Commission shall be exempt from all taxation in | ||||||
9 | and by the
compacting states.
| ||||||
10 | (8) The Commission shall not pledge the credit of any | ||||||
11 | compacting state,
except by and with the appropriate legal | ||||||
12 | authority of that compacting
state.
| ||||||
13 | (9) The Commission shall keep complete and accurate | ||||||
14 | accounts of all its
internal receipts (including grants and | ||||||
15 | donations) and disbursements
of all
funds, other than | ||||||
16 | receivership assets, under its control. The
internal
financial | ||||||
17 | accounts of the Commission shall be subject to the accounting
| ||||||
18 | procedures established under its by-laws. The financial | ||||||
19 | accounts and
reports including the system of internal controls | ||||||
20 | and procedures of the
Commission shall be audited annually by | ||||||
21 | an independent certified public
accountant. Upon the | ||||||
22 | determination of the Commission, but no less frequently
than | ||||||
23 | every 3 years, the review of such independent auditor shall | ||||||
24 | include a
management and performance audit of the Commission. | ||||||
25 | The report of
such
independent audit shall be made available | ||||||
26 | to the public and shall be
included in and become part of the |
| |||||||
| |||||||
1 | annual report of the Commission to
the
Governors and | ||||||
2 | legislatures of the compacting states. The
Commission's
| ||||||
3 | internal accounts, any workpapers related to any internal | ||||||
4 | audit, and
any
workpapers related to the independent audit, | ||||||
5 | shall be confidential;
provided,
that such materials shall be | ||||||
6 | made available: (i) in compliance with
the order
of any court | ||||||
7 | of competent jurisdiction; (ii) pursuant to such
reasonable
| ||||||
8 | rules as the Commission shall promulgate; and (iii) to any
| ||||||
9 | Commissioner,
Governor of a compacting state, or their duly | ||||||
10 | authorized
representatives.
| ||||||
11 | (10) No compacting state shall have any claim to or | ||||||
12 | ownership of any
property
held by or vested in the Commission | ||||||
13 | or the Commission acting as
Receiver
or to any other | ||||||
14 | Commission funds held pursuant to the provisions of
this
| ||||||
15 | Compact.
| ||||||
16 | ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
| ||||||
17 | (1) Any state is eligible to become a compacting state.
| ||||||
18 | (2) The Compact shall become effective and binding upon | ||||||
19 | legislative
enactment
of the Compact into law by 2 compacting | ||||||
20 | states. Thereafter, it
shall
become effective and binding as | ||||||
21 | to any other compacting state upon
enactment of the Compact | ||||||
22 | into law by that state.
| ||||||
23 | (3) Amendments to the Compact may be proposed by the | ||||||
24 | Commission for
enactment by the compacting states. No | ||||||
25 | amendment shall become
effective and binding upon the |
| |||||||
| |||||||
1 | Commission and the compacting states
unless and until it is | ||||||
2 | enacted into law by unanimous consent of the
compacting | ||||||
3 | states.
| ||||||
4 | ARTICLE XII. WITHDRAWAL, DEFAULT, AND TERMINATION
| ||||||
5 | Section A. Withdrawal.
| ||||||
6 | (1) Once effective, the Compact shall continue in force | ||||||
7 | and remain
binding upon each and every compacting state; | ||||||
8 | provided, that a
compacting state may withdraw from the | ||||||
9 | Compact ("withdrawing
state") by enacting a statute | ||||||
10 | specifically repealing the statute
which
enacted the Compact | ||||||
11 | into law.
| ||||||
12 | (2) The effective date of withdrawal is the effective date | ||||||
13 | of the repeal;
provided, that the repeal shall not apply to any | ||||||
14 | receiverships,
for
which the Commission is acting as Receiver, | ||||||
15 | pending on the date
of
the repeal except by mutual agreement of | ||||||
16 | the Commission and the
withdrawing state.
| ||||||
17 | (3) The withdrawing state shall immediately notify the | ||||||
18 | Chairperson of
the Commission in writing upon the introduction | ||||||
19 | of legislation
repealing this Compact in the withdrawing | ||||||
20 | state.
| ||||||
21 | (4) The Commission shall notify the other compacting | ||||||
22 | states of the
withdrawing state's intent to withdraw within 60 | ||||||
23 | days of its receipt
thereof.
| ||||||
24 | (5) The withdrawing state is responsible for all |
| |||||||
| |||||||
1 | assessments, obligations,
and liabilities incurred through the | ||||||
2 | effective date of withdrawal,
including any obligations, the | ||||||
3 | performance of which extend beyond
the effective date of | ||||||
4 | withdrawal, except to the extent those
obligations may have | ||||||
5 | been released or relinquished by mutual
agreement of the | ||||||
6 | Commission and the withdrawing state.
Notwithstanding the | ||||||
7 | foregoing, the withdrawing state is responsible
for the costs | ||||||
8 | and expenses of its estates subject to this Compact pending on
| ||||||
9 | the
date of repeal; the Commission and the other estates | ||||||
10 | subject to this
Compact shall not bear any costs and expenses | ||||||
11 | related to the withdrawing
state's
estates unless otherwise | ||||||
12 | mutually agreed upon between the
Commission and the | ||||||
13 | withdrawing state.
| ||||||
14 | (6) Reinstatement following withdrawal of any compacting | ||||||
15 | state shall
occur upon the withdrawing state reenacting the | ||||||
16 | Compact or upon
such later date as determined by the | ||||||
17 | Commission.
| ||||||
18 | Section B. Default.
| ||||||
19 | (1) If the Commission determines that any compacting state | ||||||
20 | has at any
time defaulted ("defaulting state") in the | ||||||
21 | performance of any of
its
obligations or responsibilities | ||||||
22 | under this Compact, the
by-laws, or duly promulgated
rules, | ||||||
23 | all rights, privileges, and benefits
conferred by
this Compact | ||||||
24 | and any agreements entered into pursuant to this
Compact shall | ||||||
25 | be suspended from the effective date of default as
fixed by the |
| |||||||
| |||||||
1 | Commission. The grounds for default include, but
are
not | ||||||
2 | limited to, failure of a compacting state to perform such
| ||||||
3 | obligations or responsibilities and any other grounds | ||||||
4 | designated in
Commission rules. The Commission shall | ||||||
5 | immediately notify the
defaulting state in writing of the | ||||||
6 | defaulting state's suspension
pending a cure of the default. | ||||||
7 | The Commission shall stipulate the
conditions and the time | ||||||
8 | period within which the defaulting state must
cure its | ||||||
9 | default. If the defaulting state fails to cure the default | ||||||
10 | within
the time period specified by the Commission, the | ||||||
11 | defaulting state
shall be terminated from the Compact upon an | ||||||
12 | affirmative vote of a
majority of the compacting states and | ||||||
13 | all rights, privileges, and
benefits conferred by this Compact | ||||||
14 | shall be terminated from the
effective date of termination.
| ||||||
15 | (2) Within 60 days of the effective date of termination of | ||||||
16 | a defaulting
state, the Commission shall notify the Governor | ||||||
17 | and the Majority and
Minority Leaders of the defaulting | ||||||
18 | state's legislature of such
termination.
| ||||||
19 | (3) The termination of a defaulting state shall apply to | ||||||
20 | all receiverships,
for which the Commission is acting as | ||||||
21 | Receiver, pending on the
effective date of termination except | ||||||
22 | by mutual agreement of the
Commission and the defaulting | ||||||
23 | state.
| ||||||
24 | (4) The defaulting state is responsible for all | ||||||
25 | assessments, obligations,
and liabilities incurred through the | ||||||
26 | effective date of termination and
is responsible for the costs |
| |||||||
| |||||||
1 | and expenses relating to its estates subject to
this
Compact | ||||||
2 | pending on the date of the termination. The Commission
and the | ||||||
3 | other estates subject to this Compact shall not bear any
costs | ||||||
4 | or expenses relating the defaulting state's estates unless | ||||||
5 | otherwise
mutually agreed upon between the Commission and the | ||||||
6 | defaulting
state.
| ||||||
7 | (5) Reinstatement following termination of any compacting | ||||||
8 | state
requires both a reenactment of the Compact by the | ||||||
9 | defaulting
state
and the approval of the Commission pursuant | ||||||
10 | to the rules.
| ||||||
11 | Section C. Dissolution of Compact.
| ||||||
12 | (1) The Compact dissolves effective upon the date of the | ||||||
13 | withdrawal or
the termination by default of the compacting | ||||||
14 | state which reduces membership in
the
Compact to one | ||||||
15 | compacting state.
| ||||||
16 | (2) Upon the dissolution of this Compact, the Compact | ||||||
17 | becomes null
and void and shall be of no further force or | ||||||
18 | effect, and the
business
and affairs of the Commission shall | ||||||
19 | be wound up and any surplus
funds shall be distributed in | ||||||
20 | accordance with the by-laws.
| ||||||
21 | ARTICLE XIII. SEVERABILITY AND CONSTRUCTION
| ||||||
22 | (1) The provisions of this Compact shall be severable, and | ||||||
23 | if any phrase,
clause, sentence, or provision is deemed | ||||||
24 | unenforceable, the remaining
provisions of the Compact shall |
| |||||||
| |||||||
1 | be enforceable.
| ||||||
2 | (2) The provisions of this Compact shall be liberally | ||||||
3 | construed to
effectuate its
purposes.
| ||||||
4 | ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS
| ||||||
5 | Section A. Other laws.
| ||||||
6 | (1) Nothing herein prevents the enforcement of any other | ||||||
7 | law of a
compacting state that is not inconsistent with this | ||||||
8 | Compact.
| ||||||
9 | (2) All compacting states' laws conflicting with this | ||||||
10 | Compact are
superseded to the extent of the conflict.
| ||||||
11 | Section B. Binding effect of this Compact.
| ||||||
12 | (1) All lawful actions of the Commission, including all | ||||||
13 | rules and operating
procedures promulgated by the Commission, | ||||||
14 | are binding upon
the compacting states.
| ||||||
15 | (2) All agreements between the Commission and the | ||||||
16 | compacting states
are binding in accordance with their terms.
| ||||||
17 | (3) Upon the request of a party to a conflict over meaning | ||||||
18 | or
interpretation of Commission actions, and upon a majority | ||||||
19 | vote of the
compacting states, the Commission may issue | ||||||
20 | advisory opinions
regarding such meaning or interpretation.
| ||||||
21 | (4) In the event any provision of this Compact exceeds the | ||||||
22 | constitutional
limits imposed on the legislature of any | ||||||
23 | compacting state, the
obligations, duties, powers, or |
| |||||||
| |||||||
1 | jurisdiction sought to be conferred by
such provision upon the | ||||||
2 | Commission shall be ineffective and such
obligations, duties, | ||||||
3 | powers or jurisdiction shall remain in the
compacting state | ||||||
4 | and shall be exercised by the agency thereof to
which such | ||||||
5 | obligations, duties, powers, or jurisdiction are
delegated
by | ||||||
6 | law in effect at the time this Compact becomes effective.
| ||||||
7 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
8 | Section 35. The Interstate Insurance Product Regulation | ||||||
9 | Compact is amended by changing Section 10 as follows: | ||||||
10 | (45 ILCS 162/10)
| ||||||
11 | Sec. 10. Ratification. The State of Illinois ratifies, | ||||||
12 | approves, and adopts the following interstate compact:
| ||||||
13 | Article I. PURPOSES | ||||||
14 | The purposes of this Compact are, through means of joint | ||||||
15 | and cooperative action among the Compacting States: | ||||||
16 | 1. To promote and protect the interest of consumers of | ||||||
17 | individual and group annuity, life insurance, disability | ||||||
18 | income and long-term care insurance products; | ||||||
19 | 2. To develop uniform standards for insurance products | ||||||
20 | covered under the Compact; | ||||||
21 | 3. To establish a central clearinghouse to receive and | ||||||
22 | provide prompt review of insurance products covered under | ||||||
23 | the Compact and, in certain cases, advertisements related |
| |||||||
| |||||||
1 | thereto, submitted by insurers authorized to do business | ||||||
2 | in one or more Compacting States; | ||||||
3 | 4. To give appropriate regulatory approval to those | ||||||
4 | product filings and advertisements satisfying the | ||||||
5 | applicable uniform standard; | ||||||
6 | 5. To improve coordination of regulatory resources and | ||||||
7 | expertise between state insurance departments regarding | ||||||
8 | the setting of uniform standards and review of insurance | ||||||
9 | products covered under the Compact; | ||||||
10 | 6. To create the Interstate Insurance Product | ||||||
11 | Regulation Commission; and | ||||||
12 | 7. To perform these and such other related functions | ||||||
13 | as may be consistent with the state regulation of the | ||||||
14 | business of insurance. | ||||||
15 | Article II. DEFINITIONS | ||||||
16 | For purposes of this Compact: | ||||||
17 | 1. "Advertisement" means any material designed to | ||||||
18 | create public interest in a Product, or induce the public | ||||||
19 | to purchase, increase, modify, reinstate, borrow on, | ||||||
20 | surrender, replace or retain a policy, as more | ||||||
21 | specifically defined in the Rules and Operating Procedures | ||||||
22 | of the Commission. | ||||||
23 | 2. "Bylaws" mean those bylaws established by the | ||||||
24 | Commission for its governance, or for directing or | ||||||
25 | controlling the Commission's actions or conduct. |
| |||||||
| |||||||
1 | 3. "Compacting State" means any State which has | ||||||
2 | enacted this Compact legislation and which has not | ||||||
3 | withdrawn pursuant to Article XIV, Section 1, or been | ||||||
4 | terminated pursuant to Article XIV, Section 2. | ||||||
5 | 4. "Commission" means the "Interstate Insurance | ||||||
6 | Product Regulation Commission" established by this | ||||||
7 | Compact. | ||||||
8 | 5. "Commissioner" means the chief insurance regulatory | ||||||
9 | official of a State including, but not limited to | ||||||
10 | commissioner, superintendent, director or administrator. | ||||||
11 | 6. "Domiciliary State" means the state in which an | ||||||
12 | Insurer is incorporated or organized; or, in the case of a | ||||||
13 | non-domestic an alien Insurer, its state of entry. | ||||||
14 | 7. "Insurer" means any entity licensed by a State to | ||||||
15 | issue contracts of insurance for any of the lines of | ||||||
16 | insurance covered by this Act. | ||||||
17 | 8. "Member" means the person chosen by a Compacting | ||||||
18 | State as its representative to the Commission, or his or | ||||||
19 | her designee. | ||||||
20 | 9. "Non-compacting State" means any State which is not | ||||||
21 | at the time a Compacting State. | ||||||
22 | 10. "Operating Procedures" mean procedures promulgated | ||||||
23 | by the Commission implementing a Rule, Uniform Standard or | ||||||
24 | a provision of this Compact. | ||||||
25 | 11. "Product" means the form of a policy or contract, | ||||||
26 | including any application, endorsement, or related form |
| |||||||
| |||||||
1 | which is attached to and made a part of the policy or | ||||||
2 | contract, and any evidence of coverage or certificate, for | ||||||
3 | an individual or group annuity, life insurance, disability | ||||||
4 | income or long-term care insurance product that an Insurer | ||||||
5 | is authorized to issue. | ||||||
6 | 12. "Rule" means a statement of general or particular | ||||||
7 | applicability and future effect promulgated by the | ||||||
8 | Commission, including a Uniform Standard developed | ||||||
9 | pursuant to Article VII of this Compact, designed to | ||||||
10 | implement, interpret, or prescribe law or policy or | ||||||
11 | describing the organization, procedure, or practice | ||||||
12 | requirements of the Commission, which shall have the force | ||||||
13 | and effect of law in the Compacting States. | ||||||
14 | 13. "State" means any state, district or territory of | ||||||
15 | the United States of America. | ||||||
16 | 14. "Third-Party Filer" means an entity that submits a | ||||||
17 | Product filing to the Commission on behalf of an Insurer. | ||||||
18 | 15. "Uniform Standard" means a standard adopted by the | ||||||
19 | Commission for a Product line, pursuant to Article VII of | ||||||
20 | this Compact, and shall include all of the Product | ||||||
21 | requirements in aggregate; provided, that each Uniform | ||||||
22 | Standard shall be construed, whether express or implied, | ||||||
23 | to prohibit the use of any inconsistent, misleading or | ||||||
24 | ambiguous provisions in a Product and the form of the | ||||||
25 | Product made available to the public shall not be unfair, | ||||||
26 | inequitable or against public policy as determined by the |
| |||||||
| |||||||
1 | Commission. | ||||||
2 | Article III. ESTABLISHMENT OF THE COMMISSION AND VENUE | ||||||
3 | 1. The Compacting States hereby create and establish a | ||||||
4 | joint public agency known as the "Interstate Insurance Product | ||||||
5 | Regulation Commission." Pursuant to Article IV, the Commission | ||||||
6 | will have the power to develop Uniform Standards for Product | ||||||
7 | lines, receive and provide prompt review of Products filed | ||||||
8 | therewith, and give approval to those Product filings | ||||||
9 | satisfying applicable Uniform Standards; provided, it is not | ||||||
10 | intended for the Commission to be the exclusive entity for | ||||||
11 | receipt and review of insurance product filings. Nothing | ||||||
12 | herein shall prohibit any Insurer from filing its product in | ||||||
13 | any State wherein the Insurer is licensed to conduct the | ||||||
14 | business of insurance; and any such filing shall be subject to | ||||||
15 | the laws of the State where filed. | ||||||
16 | 2. The Commission is a body corporate and politic, and an | ||||||
17 | instrumentality of the Compacting States. | ||||||
18 | 3. The Commission is solely responsible for its | ||||||
19 | liabilities except as otherwise specifically provided in this | ||||||
20 | Compact. | ||||||
21 | 4. Venue is proper and judicial proceedings by or against | ||||||
22 | the Commission shall be brought solely and exclusively in a | ||||||
23 | Court of competent jurisdiction where the principal office of | ||||||
24 | the Commission is located.
|
| |||||||
| |||||||
1 | Article IV. POWERS OF THE COMMISSION | ||||||
2 | The Commission shall have the following powers: | ||||||
3 | 1. To promulgate Rules, pursuant to Article VII of | ||||||
4 | this Compact, which shall have the force and effect of law | ||||||
5 | and shall be binding in the Compacting States to the | ||||||
6 | extent and in the manner provided in this Compact; | ||||||
7 | 2. To exercise its rule-making authority and establish | ||||||
8 | reasonable Uniform Standards for Products covered under | ||||||
9 | the Compact, and Advertisement related thereto, which | ||||||
10 | shall have the force and effect of law and shall be binding | ||||||
11 | in the Compacting States, but only for those Products | ||||||
12 | filed with the Commission, provided, that a Compacting | ||||||
13 | State shall have the right to opt out of such Uniform | ||||||
14 | Standard pursuant to Article VII, to the extent and in the | ||||||
15 | manner provided in this Compact, and, provided further, | ||||||
16 | that any Uniform Standard established by the Commission | ||||||
17 | for long-term care insurance products may provide the same | ||||||
18 | or greater protections for consumers as, but shall not | ||||||
19 | provide less than, those protections set forth in the | ||||||
20 | National Association of Insurance Commissioners' Long-Term | ||||||
21 | Care Insurance Model Act and Long-Term Care Insurance | ||||||
22 | Model Regulation, respectively, adopted as of 2001. The | ||||||
23 | Commission shall consider whether any subsequent | ||||||
24 | amendments to the NAIC Long-Term Care Insurance Model Act | ||||||
25 | or Long-Term Care Insurance Model Regulation adopted by | ||||||
26 | the NAIC require amending of the Uniform Standards |
| |||||||
| |||||||
1 | established by the Commission for long-term care insurance | ||||||
2 | products; | ||||||
3 | 3. To receive and review in an expeditious manner | ||||||
4 | Products filed with the Commission, and rate filings for | ||||||
5 | disability income and long-term care insurance Products, | ||||||
6 | and give approval of those Products and rate filings that | ||||||
7 | satisfy the applicable Uniform Standard, where such | ||||||
8 | approval shall have the force and effect of law and be | ||||||
9 | binding on the Compacting States to the extent and in the | ||||||
10 | manner provided in the Compact; | ||||||
11 | 4. To receive and review in an expeditious manner | ||||||
12 | Advertisement relating to long-term care insurance | ||||||
13 | products for which Uniform Standards have been adopted by | ||||||
14 | the Commission, and give approval to all Advertisement | ||||||
15 | that satisfies the applicable Uniform Standard. For any | ||||||
16 | product covered under this Compact, other than long-term | ||||||
17 | care insurance products, the Commission shall have the | ||||||
18 | authority to require an insurer to submit all or any part | ||||||
19 | of its Advertisement with respect to that product for | ||||||
20 | review or approval prior to use, if the Commission | ||||||
21 | determines that the nature of the product is such that an | ||||||
22 | Advertisement of the product could have the capacity or | ||||||
23 | tendency to mislead the public. The actions of Commission | ||||||
24 | as provided in this section shall have the force and | ||||||
25 | effect of law and shall be binding in the Compacting | ||||||
26 | States to the extent and in the manner provided in the |
| |||||||
| |||||||
1 | Compact; | ||||||
2 | 5. To exercise its rule-making authority and designate | ||||||
3 | Products and Advertisement that may be subject to a | ||||||
4 | self-certification process without the need for prior | ||||||
5 | approval by the Commission. | ||||||
6 | 6. To promulgate Operating Procedures, pursuant to | ||||||
7 | Article VII of this Compact, which shall be binding in the | ||||||
8 | Compacting States to the extent and in the manner provided | ||||||
9 | in this Compact;
| ||||||
10 | 7. To bring and prosecute legal proceedings or actions | ||||||
11 | in its name as the Commission; provided, that the standing | ||||||
12 | of any state insurance department to sue or be sued under | ||||||
13 | applicable law shall not be affected; | ||||||
14 | 8. To issue subpoenas requiring the attendance and | ||||||
15 | testimony of witnesses and the production of evidence; | ||||||
16 | 9. To establish and maintain offices;
| ||||||
17 | 10. To purchase and maintain insurance and bonds; | ||||||
18 | 11. To borrow, accept or contract for services of | ||||||
19 | personnel, including, but not limited to, employees of a | ||||||
20 | Compacting State; | ||||||
21 | 12. To hire employees, professionals or specialists, | ||||||
22 | and elect or appoint officers, and to fix their | ||||||
23 | compensation, define their duties and give them | ||||||
24 | appropriate authority to carry out the purposes of the | ||||||
25 | Compact, and determine their qualifications; and to | ||||||
26 | establish the Commission's personnel policies and programs |
| |||||||
| |||||||
1 | relating to, among other things, conflicts of interest, | ||||||
2 | rates of compensation and qualifications of personnel; | ||||||
3 | 13. To accept any and all appropriate donations and | ||||||
4 | grants of money, equipment, supplies, materials and | ||||||
5 | services, and to receive, utilize and dispose of the same; | ||||||
6 | provided that at all times the Commission shall strive to | ||||||
7 | avoid any appearance of impropriety; | ||||||
8 | 14. To lease, purchase, accept appropriate gifts or | ||||||
9 | donations of, or otherwise to own, hold, improve or use, | ||||||
10 | any property, real, personal or mixed; provided that at | ||||||
11 | all times the Commission shall strive to avoid any | ||||||
12 | appearance of impropriety; | ||||||
13 | 15. To sell, convey, mortgage, pledge, lease, | ||||||
14 | exchange, abandon or otherwise dispose of any property, | ||||||
15 | real, personal or mixed; | ||||||
16 | 16. To remit filing fees to Compacting States as may | ||||||
17 | be set forth in the Bylaws, Rules or Operating Procedures; | ||||||
18 | 17. To enforce compliance by Compacting States with | ||||||
19 | Rules, Uniform Standards, Operating Procedures and Bylaws; | ||||||
20 | 18. To provide for dispute resolution among Compacting | ||||||
21 | States; | ||||||
22 | 19. To advise Compacting States on issues relating to | ||||||
23 | Insurers domiciled or doing business in Non-compacting | ||||||
24 | jurisdictions, consistent with the purposes of this | ||||||
25 | Compact; | ||||||
26 | 20. To provide advice and training to those personnel |
| |||||||
| |||||||
1 | in state insurance departments responsible for product | ||||||
2 | review, and to be a resource for state insurance | ||||||
3 | departments; | ||||||
4 | 21. To establish a budget and make expenditures; | ||||||
5 | 22. To borrow money; | ||||||
6 | 23. To appoint committees, including advisory | ||||||
7 | committees comprising Members, state insurance regulators, | ||||||
8 | state legislators or their representatives, insurance | ||||||
9 | industry and consumer representatives, and such other | ||||||
10 | interested persons as may be designated in the Bylaws; | ||||||
11 | 24. To provide and receive information from, and to | ||||||
12 | cooperate with law enforcement agencies; | ||||||
13 | 25. To adopt and use a corporate seal; and | ||||||
14 | 26. To perform such other functions as may be | ||||||
15 | necessary or appropriate to achieve the purposes of this | ||||||
16 | Compact consistent with the state regulation of the | ||||||
17 | business of insurance. | ||||||
18 | Article V. ORGANIZATION OF THE COMMISSION | ||||||
19 | 1. Membership, Voting and Bylaws. | ||||||
20 | a. Each Compacting State shall have and be limited to one | ||||||
21 | Member. Each Member shall be qualified to serve in that | ||||||
22 | capacity pursuant to applicable law of the Compacting State. | ||||||
23 | Any Member may be removed or suspended from office as provided | ||||||
24 | by the law of the State from which he or she shall be | ||||||
25 | appointed. Any vacancy occurring in the Commission shall be |
| |||||||
| |||||||
1 | filled in accordance with the laws of the Compacting State | ||||||
2 | wherein the vacancy exists. Nothing herein shall be construed | ||||||
3 | to affect the manner in which a Compacting State determines | ||||||
4 | the election or appointment and qualification of its own | ||||||
5 | Commissioner. | ||||||
6 | b. Each Member shall be entitled to one vote and shall have | ||||||
7 | an opportunity to participate in the governance of the | ||||||
8 | Commission in accordance with the Bylaws. Notwithstanding any | ||||||
9 | provision herein to the contrary, no action of the Commission | ||||||
10 | with respect to the promulgation of a Uniform Standard shall | ||||||
11 | be effective unless two-thirds (2/3) of the Members vote in | ||||||
12 | favor thereof. | ||||||
13 | c. The Commission shall, by a majority of the Members, | ||||||
14 | prescribe Bylaws to govern its conduct as may be necessary or | ||||||
15 | appropriate to carry out the purposes, and exercise the | ||||||
16 | powers, of the Compact, including, but not limited to: | ||||||
17 | i. establishing the fiscal year of the Commission; | ||||||
18 | ii. providing reasonable procedures for appointing | ||||||
19 | and electing members, as well as holding meetings, of | ||||||
20 | the Management Committee; | ||||||
21 | iii. providing reasonable standards and | ||||||
22 | procedures: (i) for the establishment and meetings of | ||||||
23 | other committees, and (ii) governing any general or | ||||||
24 | specific delegation of any authority or function of | ||||||
25 | the Commission; | ||||||
26 | iv. providing reasonable procedures for calling |
| |||||||
| |||||||
1 | and conducting meetings of the Commission that | ||||||
2 | consists of a majority of Commission members, ensuring | ||||||
3 | reasonable advance notice of each such meeting, and | ||||||
4 | providing for the right of citizens to attend each | ||||||
5 | such meeting with enumerated exceptions designed to | ||||||
6 | protect the public's interest, the privacy of | ||||||
7 | individuals, and insurers' proprietary information, | ||||||
8 | including trade secrets. The Commission may meet in | ||||||
9 | camera only after a majority of the entire membership | ||||||
10 | votes to close a meeting en toto or in part. As soon as | ||||||
11 | practicable, the Commission must make public (i) a | ||||||
12 | copy of the vote to close the meeting revealing the | ||||||
13 | vote of each Member with no proxy votes allowed, and | ||||||
14 | (ii) votes taken during such meeting; | ||||||
15 | v. establishing the titles, duties and authority | ||||||
16 | and reasonable procedures for the election of the | ||||||
17 | officers of the Commission; | ||||||
18 | vi. providing reasonable standards and procedures | ||||||
19 | for the establishment of the personnel policies and | ||||||
20 | programs of the Commission. Notwithstanding any civil | ||||||
21 | service or other similar laws of any Compacting State, | ||||||
22 | the Bylaws shall exclusively govern the personnel | ||||||
23 | policies and programs of the Commission; | ||||||
24 |
vii. promulgating a code of ethics to address | ||||||
25 | permissible and prohibited activities of commission | ||||||
26 | members and employees; and
|
| |||||||
| |||||||
1 | viii. providing a mechanism for winding up the | ||||||
2 | operations of the Commission and the equitable | ||||||
3 | disposition of any surplus funds that may exist after | ||||||
4 | the termination of the Compact after the payment | ||||||
5 | and/or reserving of all of its debts and obligations. | ||||||
6 | d. The Commission shall publish its bylaws in a convenient | ||||||
7 | form and file a copy thereof and a copy of any amendment | ||||||
8 | thereto, with the appropriate agency or officer in each of the | ||||||
9 | Compacting States. | ||||||
10 | 2. Management Committee, Officers and Personnel. | ||||||
11 | a. A Management Committee comprising no more than fourteen | ||||||
12 | (14) members shall be established as follows: | ||||||
13 | (i) One (1) member from each of the six (6) | ||||||
14 | Compacting States with the largest premium volume for | ||||||
15 | individual and group annuities, life, disability | ||||||
16 | income and long-term care insurance products, | ||||||
17 | determined from the records of the NAIC for the prior | ||||||
18 | year; | ||||||
19 | (ii) Four (4) members from those Compacting States | ||||||
20 | with at least two percent (2%) of the market based on | ||||||
21 | the premium volume described above, other than the six | ||||||
22 | (6) Compacting States with the largest premium volume, | ||||||
23 | selected on a rotating basis as provided in the | ||||||
24 | Bylaws, and; | ||||||
25 | (iii) Four (4) members from those Compacting | ||||||
26 | States with less than two percent (2%) of the market, |
| |||||||
| |||||||
1 | based on the premium volume described above, with one | ||||||
2 | (1) selected from each of the four (4) zone regions of | ||||||
3 | the NAIC as provided in the Bylaws. | ||||||
4 | b. The Management Committee shall have such authority and | ||||||
5 | duties as may be set forth in the Bylaws, including but not | ||||||
6 | limited to:
| ||||||
7 | i. managing the affairs of the Commission in a | ||||||
8 | manner consistent with the Bylaws and purposes of the | ||||||
9 | Commission; | ||||||
10 | ii. establishing and overseeing an organizational | ||||||
11 | structure within, and appropriate procedures for, the | ||||||
12 | Commission to provide for the creation of Uniform | ||||||
13 | Standards and other Rules, receipt and review of | ||||||
14 | product filings, administrative and technical support | ||||||
15 | functions, review of decisions regarding the | ||||||
16 | disapproval of a product filing, and the review of | ||||||
17 | elections made by a Compacting State to opt out of a | ||||||
18 | Uniform Standard; provided that a Uniform Standard | ||||||
19 | shall not be submitted to the Compacting States for | ||||||
20 | adoption unless approved by two-thirds (2/3) of the | ||||||
21 | members of the Management Committee; | ||||||
22 | iii. overseeing the offices of the Commission; and | ||||||
23 | iv. planning, implementing, and coordinating | ||||||
24 | communications and activities with other state, | ||||||
25 | federal and local government organizations in order to | ||||||
26 | advance the goals of the Commission. |
| |||||||
| |||||||
1 | c. The Commission shall elect annually officers from the | ||||||
2 | Management Committee, with each having such authority and | ||||||
3 | duties, as may be specified in the Bylaws. | ||||||
4 | d. The Management Committee may, subject to the approval | ||||||
5 | of the Commission, appoint or retain an executive director for | ||||||
6 | such period, upon such terms and conditions and for such | ||||||
7 | compensation as the Commission may deem appropriate. The | ||||||
8 | executive director shall serve as secretary to the Commission, | ||||||
9 | but shall not be a Member of the Commission. The executive | ||||||
10 | director shall hire and supervise such other staff as may be | ||||||
11 | authorized by the Commission. | ||||||
12 | 3. Legislative and Advisory Committees. | ||||||
13 | a. A legislative committee comprising state legislators or | ||||||
14 | their designees shall be established to monitor the operations | ||||||
15 | of, and make recommendations to, the Commission, including the | ||||||
16 | Management Committee; provided that the manner of selection | ||||||
17 | and term of any legislative committee member shall be as set | ||||||
18 | forth in the Bylaws. Prior to the adoption by the Commission of | ||||||
19 | any Uniform Standard, revision to the Bylaws, annual budget or | ||||||
20 | other significant matter as may be provided in the Bylaws, the | ||||||
21 | Management Committee shall consult with and report to the | ||||||
22 | legislative committee.
| ||||||
23 | b. The Commission shall establish two (2) advisory | ||||||
24 | committees, one of which shall comprise consumer | ||||||
25 | representatives independent of the insurance industry, and the | ||||||
26 | other comprising insurance industry representatives. |
| |||||||
| |||||||
1 | c. The Commission may establish additional advisory | ||||||
2 | committees as its Bylaws may provide for the carrying out of | ||||||
3 | its functions. | ||||||
4 | 4. Corporate Records of the Commission.
The Commission | ||||||
5 | shall maintain its corporate books and records in accordance | ||||||
6 | with the Bylaws. | ||||||
7 | 5. Qualified Immunity, Defense and Indemnification. | ||||||
8 | a. The Members, officers, executive director, employees | ||||||
9 | and representatives of the Commission shall be immune from | ||||||
10 | suit and liability, either personally or in their official | ||||||
11 | capacity, for any claim for damage to or loss of property or | ||||||
12 | personal injury or other civil liability caused by or arising | ||||||
13 | out of any actual or alleged act, error or omission that | ||||||
14 | occurred, or that the person against whom the claim is made had | ||||||
15 | a reasonable basis for believing occurred within the scope of | ||||||
16 | Commission employment, duties or responsibilities; provided, | ||||||
17 | that nothing in this paragraph shall be construed to protect | ||||||
18 | any such person from suit and/or liability for any damage, | ||||||
19 | loss, injury or liability caused by the intentional or willful | ||||||
20 | and wanton misconduct of that person. | ||||||
21 | b. The Commission shall defend any Member, officer, | ||||||
22 | executive director, employee or representative of the | ||||||
23 | Commission in any civil action seeking to impose liability | ||||||
24 | arising out of any actual or alleged act, error or omission | ||||||
25 | that occurred within the scope of Commission employment, | ||||||
26 | duties or responsibilities, or that the person against whom |
| |||||||
| |||||||
1 | the claim is made had a reasonable basis for believing | ||||||
2 | occurred within the scope of Commission employment, duties or | ||||||
3 | responsibilities; provided, that nothing herein shall be | ||||||
4 | construed to prohibit that person from retaining his or her | ||||||
5 | own counsel; and provided further, that the actual or alleged | ||||||
6 | act, error or omission did not result from that person's | ||||||
7 | intentional or willful and wanton misconduct. | ||||||
8 | c. The Commission shall indemnify and hold harmless any | ||||||
9 | Member, officer, executive director, employee or | ||||||
10 | representative of the Commission for the amount of any | ||||||
11 | settlement or judgment obtained against that person arising | ||||||
12 | out of any actual or alleged act, error or omission that | ||||||
13 | occurred within the scope of Commission employment, duties or | ||||||
14 | responsibilities, or that such person had a reasonable basis | ||||||
15 | for believing occurred within the scope of Commission | ||||||
16 | employment, duties or responsibilities, provided, that the | ||||||
17 | actual or alleged act, error or omission did not result from | ||||||
18 | the intentional or willful and wanton misconduct of that | ||||||
19 | person.
| ||||||
20 | Article VI. MEETINGS AND ACTS OF THE COMMISSION | ||||||
21 | 1. The Commission shall meet and take such actions as are | ||||||
22 | consistent with the provisions of this Compact and the Bylaws. | ||||||
23 | 2. Each Member of the Commission shall have the right and | ||||||
24 | power to cast a vote to which that Compacting State is entitled | ||||||
25 | and to participate in the business and affairs of the |
| |||||||
| |||||||
1 | Commission. A Member shall vote in person or by such other | ||||||
2 | means as provided in the Bylaws. The Bylaws may provide for | ||||||
3 | Members' participation in meetings by telephone or other means | ||||||
4 | of communication. | ||||||
5 | 3. The Commission shall meet at least once during each | ||||||
6 | calendar year. Additional meetings shall be held as set forth | ||||||
7 | in the Bylaws.
| ||||||
8 | Article VII. RULES & OPERATING PROCEDURES: RULEMAKING | ||||||
9 | FUNCTIONS OF THE COMMISSION AND OPTING OUT OF UNIFORM | ||||||
10 | STANDARDS | ||||||
11 | 1. Rulemaking Authority. The Commission shall promulgate | ||||||
12 | reasonable Rules, including Uniform Standards, and Operating | ||||||
13 | Procedures in order to effectively and efficiently achieve the | ||||||
14 | purposes of this Compact. Notwithstanding the foregoing, in | ||||||
15 | the event the Commission exercises its rulemaking authority in | ||||||
16 | a manner that is beyond the scope of the purposes of this Act, | ||||||
17 | or the powers granted hereunder, then such an action by the | ||||||
18 | Commission shall be invalid and have no force and effect. | ||||||
19 | 2. Rulemaking Procedure. Rules and Operating Procedures | ||||||
20 | shall be made pursuant to a rulemaking process that conforms | ||||||
21 | to the Model State Administrative Procedure Act of 1981 as | ||||||
22 | amended, as may be appropriate to the operations of the | ||||||
23 | Commission. Before the Commission adopts a Uniform Standard, | ||||||
24 | the Commission shall give written notice to the relevant state | ||||||
25 | legislative committee(s) in each Compacting State responsible |
| |||||||
| |||||||
1 | for insurance issues of its intention to adopt the Uniform | ||||||
2 | Standard. The Commission in adopting a Uniform Standard shall | ||||||
3 | consider fully all submitted materials and issue a concise | ||||||
4 | explanation of its decision. | ||||||
5 | 3. Effective Date and Opt Out of a Uniform Standard. A | ||||||
6 | Uniform Standard shall become effective ninety (90) days after | ||||||
7 | its promulgation by the Commission or such later date as the | ||||||
8 | Commission may determine; provided, however, that a Compacting | ||||||
9 | State may opt out of a Uniform Standard as provided in this | ||||||
10 | Article. "Opt out" shall be defined as any action by a | ||||||
11 | Compacting State to decline to adopt or participate in a | ||||||
12 | promulgated Uniform Standard. All other Rules and Operating | ||||||
13 | Procedures, and amendments thereto, shall become effective as | ||||||
14 | of the date specified in each Rule, Operating Procedure or | ||||||
15 | amendment. | ||||||
16 | 4. Opt Out Procedure. A Compacting State may opt out of a | ||||||
17 | Uniform Standard, either by legislation or regulation duly | ||||||
18 | promulgated by the Insurance Department under the Compacting | ||||||
19 | State's Administrative Procedure Act. If a Compacting State | ||||||
20 | elects to opt out of a Uniform Standard by regulation, it must | ||||||
21 | (a) give written notice to the Commission no later than ten | ||||||
22 | (10) business days after the Uniform Standard is promulgated, | ||||||
23 | or at the time the State becomes a Compacting State and (b) | ||||||
24 | find that the Uniform Standard does not provide reasonable | ||||||
25 | protections to the citizens of the State, given the conditions | ||||||
26 | in the State. The Commissioner shall make specific findings of |
| |||||||
| |||||||
1 | fact and conclusions of law, based on a preponderance of the | ||||||
2 | evidence, detailing the conditions in the State which warrant | ||||||
3 | a departure from the Uniform Standard and determining that the | ||||||
4 | Uniform Standard would not reasonably protect the citizens of | ||||||
5 | the State. The Commissioner must consider and balance the | ||||||
6 | following factors and find that the conditions in the State | ||||||
7 | and needs of the citizens of the State outweigh: (i) the intent | ||||||
8 | of the legislature to participate in, and the benefits of, an | ||||||
9 | interstate agreement to establish national uniform consumer | ||||||
10 | protections for the Products subject to this Act; and (ii) the | ||||||
11 | presumption that a Uniform Standard adopted by the Commission | ||||||
12 | provides reasonable protections to consumers of the relevant | ||||||
13 | Product.
| ||||||
14 | Notwithstanding the foregoing, a Compacting State may, at | ||||||
15 | the time of its enactment of this Compact, prospectively opt | ||||||
16 | out of all Uniform Standards involving long-term care | ||||||
17 | insurance products by expressly providing for such opt out in | ||||||
18 | the enacted Compact, and such an opt out shall not be treated | ||||||
19 | as a material variance in the offer or acceptance of any State | ||||||
20 | to participate in this Compact. Such an opt out shall be | ||||||
21 | effective at the time of enactment of this Compact by the | ||||||
22 | Compacting State and shall apply to all existing Uniform | ||||||
23 | Standards involving long-term care insurance products and | ||||||
24 | those subsequently promulgated. | ||||||
25 | 5. Effect of Opt Out. If a Compacting State elects to opt | ||||||
26 | out of a Uniform Standard, the Uniform Standard shall remain |
| |||||||
| |||||||
1 | applicable in the Compacting State electing to opt out until | ||||||
2 | such time the opt out legislation is enacted into law or the | ||||||
3 | regulation opting out becomes effective. | ||||||
4 | Once the opt out of a Uniform Standard by a Compacting | ||||||
5 | State becomes effective as provided under the laws of that | ||||||
6 | State, the Uniform Standard shall have no further force and | ||||||
7 | effect in that State unless and until the legislation or | ||||||
8 | regulation implementing the opt out is repealed or otherwise | ||||||
9 | becomes ineffective under the laws of the State. If a | ||||||
10 | Compacting State opts out of a Uniform Standard after the | ||||||
11 | Uniform Standard has been made effective in that State, the | ||||||
12 | opt out shall have the same prospective effect as provided | ||||||
13 | under Article XIV for withdrawals. | ||||||
14 | 6. Stay of Uniform Standard. If a Compacting State has | ||||||
15 | formally initiated the process of opting out of a Uniform | ||||||
16 | Standard by regulation, and while the regulatory opt out is | ||||||
17 | pending, the Compacting State may petition the Commission, at | ||||||
18 | least fifteen (15) days before the effective date of the | ||||||
19 | Uniform Standard, to stay the effectiveness of the Uniform | ||||||
20 | Standard in that State. The Commission may grant a stay if it | ||||||
21 | determines the regulatory opt out is being pursued in a | ||||||
22 | reasonable manner and there is a likelihood of success. If a | ||||||
23 | stay is granted or extended by the Commission, the stay or | ||||||
24 | extension thereof may postpone the effective date by up to | ||||||
25 | ninety (90) days, unless affirmatively extended by the | ||||||
26 | Commission; provided, a stay may not be permitted to remain in |
| |||||||
| |||||||
1 | effect for more than one (1) year unless the Compacting State | ||||||
2 | can show extraordinary circumstances which warrant a | ||||||
3 | continuance of the stay, including, but not limited to, the | ||||||
4 | existence of a legal challenge which prevents the Compacting | ||||||
5 | State from opting out. A stay may be terminated by the | ||||||
6 | Commission upon notice that the rulemaking process has been | ||||||
7 | terminated. | ||||||
8 | 7. Not later than thirty (30) days after a Rule or | ||||||
9 | Operating Procedure is promulgated, any person may file a | ||||||
10 | petition for judicial review of the Rule or Operating | ||||||
11 | Procedure; provided, that the filing of such a petition shall | ||||||
12 | not stay or otherwise prevent the Rule or Operating Procedure | ||||||
13 | from becoming effective unless the court finds that the | ||||||
14 | petitioner has a substantial likelihood of success. The court | ||||||
15 | shall give deference to the actions of the Commission | ||||||
16 | consistent with applicable law and shall not find the Rule or | ||||||
17 | Operating Procedure to be unlawful if the Rule or Operating | ||||||
18 | Procedure represents a reasonable exercise of the Commission's | ||||||
19 | authority. | ||||||
20 | Article VIII. COMMISSION RECORDS AND ENFORCEMENT | ||||||
21 | 1. The Commission shall promulgate Rules establishing | ||||||
22 | conditions and procedures for public inspection and copying of | ||||||
23 | its information and official records, except such information | ||||||
24 | and records involving the privacy of individuals and insurers' | ||||||
25 | trade secrets. The Commission may promulgate additional Rules |
| |||||||
| |||||||
1 | under which it may make available to federal and state | ||||||
2 | agencies, including law enforcement agencies, records and | ||||||
3 | information otherwise exempt from disclosure, and may enter | ||||||
4 | into agreements with such agencies to receive or exchange | ||||||
5 | information or records subject to nondisclosure and | ||||||
6 | confidentiality provisions. | ||||||
7 | 2. Except as to privileged records, data and information, | ||||||
8 | the laws of any Compacting State pertaining to confidentiality | ||||||
9 | or nondisclosure shall not relieve any Compacting State | ||||||
10 | Commissioner of the duty to disclose any relevant records, | ||||||
11 | data or information to the Commission; provided, that | ||||||
12 | disclosure to the Commission shall not be deemed to waive or | ||||||
13 | otherwise affect any confidentiality requirement; and further | ||||||
14 | provided, that, except as otherwise expressly provided in this | ||||||
15 | Act, the Commission shall not be subject to the Compacting | ||||||
16 | State's laws pertaining to confidentiality and nondisclosure | ||||||
17 | with respect to records, data and information in its | ||||||
18 | possession. Confidential information of the Commission shall | ||||||
19 | remain confidential after such information is provided to any | ||||||
20 | Commissioner. | ||||||
21 | 3. The Commission shall monitor Compacting States for | ||||||
22 | compliance with duly adopted Bylaws, Rules, including Uniform | ||||||
23 | Standards, and Operating Procedures. The Commission shall | ||||||
24 | notify any non-complying Compacting State in writing of its | ||||||
25 | noncompliance with Commission Bylaws, Rules or Operating | ||||||
26 | Procedures. If a non-complying Compacting State fails to |
| |||||||
| |||||||
1 | remedy its noncompliance within the time specified in the | ||||||
2 | notice of noncompliance, the Compacting State shall be deemed | ||||||
3 | to be in default as set forth in Article XIV. | ||||||
4 | 4. The Commissioner of any State in which an Insurer is | ||||||
5 | authorized to do business, or is conducting the business of | ||||||
6 | insurance, shall continue to exercise his or her authority to | ||||||
7 | oversee the market regulation of the activities of the Insurer | ||||||
8 | in accordance with the provisions of the State's law. The | ||||||
9 | Commissioner's enforcement of compliance with the Compact is | ||||||
10 | governed by the following provisions: | ||||||
11 | a. With respect to the Commissioner's market regulation of | ||||||
12 | a Product or Advertisement that is approved or certified to | ||||||
13 | the Commission, the content of the Product or Advertisement | ||||||
14 | shall not constitute a violation of the provisions, standards | ||||||
15 | or requirements of the Compact except upon a final order of the | ||||||
16 | Commission, issued at the request of a Commissioner after | ||||||
17 | prior notice to the Insurer and an opportunity for hearing | ||||||
18 | before the Commission. | ||||||
19 | b. Before a Commissioner may bring an action for violation | ||||||
20 | of any provision, standard or requirement of the Compact | ||||||
21 | relating to the content of an Advertisement not approved or | ||||||
22 | certified to the Commission, the Commission, or an authorized | ||||||
23 | Commission officer or employee, must authorize the action. | ||||||
24 | However, authorization pursuant to this Paragraph does not | ||||||
25 | require notice to the Insurer, opportunity for hearing or | ||||||
26 | disclosure of requests for authorization or records of the |
| |||||||
| |||||||
1 | Commission's action on such requests. | ||||||
2 | Article IX. DISPUTE RESOLUTION | ||||||
3 | The Commission shall attempt, upon the request of a | ||||||
4 | Member, to resolve any disputes or other issues that are | ||||||
5 | subject to this Compact and which may arise between two or more | ||||||
6 | Compacting States, or between Compacting States and | ||||||
7 | Non-compacting States, and the Commission shall promulgate an | ||||||
8 | Operating Procedure providing for resolution of such disputes. | ||||||
9 | Article X. PRODUCT FILING AND APPROVAL | ||||||
10 | 1. Insurers and Third-Party Filers seeking to have a | ||||||
11 | Product approved by the Commission shall file the Product | ||||||
12 | with, and pay applicable filing fees to, the Commission. | ||||||
13 | Nothing in this Act shall be construed to restrict or | ||||||
14 | otherwise prevent an insurer from filing its Product with the | ||||||
15 | insurance department in any State wherein the insurer is | ||||||
16 | licensed to conduct the business of insurance, and such filing | ||||||
17 | shall be subject to the laws of the States where filed. | ||||||
18 | 2. The Commission shall establish appropriate filing and | ||||||
19 | review processes and procedures pursuant to Commission Rules | ||||||
20 | and Operating Procedures. Notwithstanding any provision herein | ||||||
21 | to the contrary, the Commission shall promulgate Rules to | ||||||
22 | establish conditions and procedures under which the Commission | ||||||
23 | will provide public access to Product filing information. In | ||||||
24 | establishing such Rules, the Commission shall consider the |
| |||||||
| |||||||
1 | interests of the public in having access to such information, | ||||||
2 | as well as protection of personal medical and financial | ||||||
3 | information and trade secrets, that may be contained in a | ||||||
4 | Product filing or supporting information. | ||||||
5 | 3. Any Product approved by the Commission may be sold or | ||||||
6 | otherwise issued in those Compacting States for which the | ||||||
7 | Insurer is legally authorized to do business. | ||||||
8 | Article XI. REVIEW OF COMMISSION DECISIONS REGARDING FILINGS | ||||||
9 | 1. Not later than thirty (30) days after the Commission | ||||||
10 | has given notice of a disapproved Product or Advertisement | ||||||
11 | filed with the Commission, the Insurer or Third Party Filer | ||||||
12 | whose filing was disapproved may appeal the determination to a | ||||||
13 | review panel appointed by the Commission. The Commission shall | ||||||
14 | promulgate Rules to establish procedures for appointing such | ||||||
15 | review panels and provide for notice and hearing. An | ||||||
16 | allegation that the Commission, in disapproving a Product or | ||||||
17 | Advertisement filed with the Commission, acted arbitrarily, | ||||||
18 | capriciously, or in a manner that is an abuse of discretion or | ||||||
19 | otherwise not in accordance with the law, is subject to | ||||||
20 | judicial review in accordance with Article III, section 5. | ||||||
21 | 2. The Commission shall have authority to monitor, review | ||||||
22 | and reconsider Products and Advertisement subsequent to their | ||||||
23 | filing or approval upon a finding that the product does not | ||||||
24 | meet the relevant Uniform Standard. Where appropriate, the | ||||||
25 | Commission may withdraw or modify its approval after proper |
| |||||||
| |||||||
1 | notice and hearing, subject to the appeal process in section 1 | ||||||
2 | above. | ||||||
3 | Article XII. FINANCE | ||||||
4 | 1. The Commission shall pay or provide for the payment of | ||||||
5 | the reasonable expenses of its establishment and organization. | ||||||
6 | To fund the cost of its initial operations, the Commission may | ||||||
7 | accept contributions and other forms of funding from the | ||||||
8 | National Association of Insurance Commissioners, Compacting | ||||||
9 | States and other sources. Contributions and other forms of | ||||||
10 | funding from other sources shall be of such a nature that the | ||||||
11 | independence of the Commission concerning the performance of | ||||||
12 | its duties shall not be compromised. | ||||||
13 | 2. The Commission shall collect a filing fee from each | ||||||
14 | Insurer and Third Party Filer filing a product with the | ||||||
15 | Commission to cover the cost of the operations and activities | ||||||
16 | of the Commission and its staff in a total amount sufficient to | ||||||
17 | cover the Commission's annual budget. | ||||||
18 | 3. The Commission's budget for a fiscal year shall not be | ||||||
19 | approved until it has been subject to notice and comment as set | ||||||
20 | forth in Article VII of this Compact. | ||||||
21 | 4. The Commission shall be exempt from all taxation in and | ||||||
22 | by the Compacting States. | ||||||
23 | 5. The Commission shall not pledge the credit of any | ||||||
24 | Compacting State, except by and with the appropriate legal | ||||||
25 | authority of that Compacting State. |
| |||||||
| |||||||
1 | 6. The Commission shall keep complete and accurate | ||||||
2 | accounts of all its internal receipts, including grants and | ||||||
3 | donations, and disbursements of all funds under its control. | ||||||
4 | The internal financial accounts of the Commission shall be | ||||||
5 | subject to the accounting procedures established under its | ||||||
6 | Bylaws. The financial accounts and reports including the | ||||||
7 | system of internal controls and procedures of the Commission | ||||||
8 | shall be audited annually by an independent certified public | ||||||
9 | accountant. Upon the determination of the Commission, but no | ||||||
10 | less frequently than every three (3) years, the review of the | ||||||
11 | independent auditor shall include a management and performance | ||||||
12 | audit of the Commission. The Commission shall make an Annual | ||||||
13 | Report to the Governor and legislature of the Compacting | ||||||
14 | States, which shall include a report of the independent audit. | ||||||
15 | The Commission's internal accounts shall not be confidential | ||||||
16 | and such materials may be shared with the Commissioner of any | ||||||
17 | Compacting State upon request, provided, however, that any | ||||||
18 | work papers related to any internal or independent audit and | ||||||
19 | any information regarding the privacy of individuals and | ||||||
20 | insurers' proprietary information, including trade secrets, | ||||||
21 | shall remain confidential. | ||||||
22 | 7. No Compacting State shall have any claim to or | ||||||
23 | ownership of any property held by or vested in the Commission | ||||||
24 | or to any Commission funds held pursuant to the provisions of | ||||||
25 | this Compact. |
| |||||||
| |||||||
1 | Article XIII. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT | ||||||
2 | 1. Any State is eligible to become a Compacting State. | ||||||
3 | 2. The Compact shall become effective and binding upon | ||||||
4 | legislative enactment of the Compact into law by two | ||||||
5 | Compacting States; provided, the Commission shall become | ||||||
6 | effective for purposes of adopting Uniform Standards for, | ||||||
7 | reviewing, and giving approval or disapproval of, Products | ||||||
8 | filed with the Commission that satisfy applicable Uniform | ||||||
9 | Standards only after twenty-six (26) States are Compacting | ||||||
10 | States or, alternatively, by States representing greater than | ||||||
11 | forty percent (40%) of the premium volume for life insurance, | ||||||
12 | annuity, disability income and long-term care insurance | ||||||
13 | products, based on records of the NAIC for the prior year. | ||||||
14 | Thereafter, it shall become effective and binding as to any | ||||||
15 | other Compacting State upon enactment of the Compact into law | ||||||
16 | by that State.
| ||||||
17 | 3. Amendments to the Compact may be proposed by the | ||||||
18 | Commission for enactment by the Compacting States. No | ||||||
19 | amendment shall become effective and binding upon the | ||||||
20 | Commission and the Compacting States unless and until all | ||||||
21 | Compacting States enact the amendment into law. | ||||||
22 | Article XIV. WITHDRAWAL, DEFAULT AND TERMINATION | ||||||
23 | 1. Withdrawal. | ||||||
24 | a. Once effective, the Compact shall continue in force and | ||||||
25 | remain binding upon each and every Compacting State; provided, |
| |||||||
| |||||||
1 | that a Compacting State may withdraw from the Compact | ||||||
2 | ("Withdrawing State") by enacting a statute specifically | ||||||
3 | repealing the statute which enacted the Compact into law. | ||||||
4 | b. The effective date of withdrawal is the effective date | ||||||
5 | of the repealing statute. However, the withdrawal shall not | ||||||
6 | apply to any product filings approved or self-certified, or | ||||||
7 | any Advertisement of such products, on the date the repealing | ||||||
8 | statute becomes effective, except by mutual agreement of the | ||||||
9 | Commission and the Withdrawing State unless the approval is | ||||||
10 | rescinded by the Withdrawing State as provided in subsection | ||||||
11 | e. of this section. | ||||||
12 | c. The Commissioner of the Withdrawing State shall | ||||||
13 | immediately notify the Management Committee in writing upon | ||||||
14 | the introduction of legislation repealing this Compact in the | ||||||
15 | Withdrawing State. | ||||||
16 | d. The Commission shall notify the other Compacting States | ||||||
17 | of the introduction of such legislation within ten (10) days | ||||||
18 | after its receipt of notice thereof. | ||||||
19 | e. The Withdrawing State is responsible for all | ||||||
20 | obligations, duties and liabilities incurred through the | ||||||
21 | effective date of withdrawal, including any obligations, the | ||||||
22 | performance of which extend beyond the effective date of | ||||||
23 | withdrawal, except to the extent those obligations may have | ||||||
24 | been released or relinquished by mutual agreement of the | ||||||
25 | Commission and the Withdrawing State. The Commission's | ||||||
26 | approval of Products and Advertisement prior to the effective |
| |||||||
| |||||||
1 | date of withdrawal shall continue to be effective and be given | ||||||
2 | full force and effect in the Withdrawing State, unless | ||||||
3 | formally rescinded by the Withdrawing State in the same manner | ||||||
4 | as provided by the laws of the Withdrawing State for the | ||||||
5 | prospective disapproval of products or advertisement | ||||||
6 | previously approved under state law. | ||||||
7 | f. Reinstatement following withdrawal of any Compacting | ||||||
8 | State shall occur upon the effective date of the Withdrawing | ||||||
9 | State reenacting the Compact. | ||||||
10 | 2. Default. | ||||||
11 | a. If the Commission determines that any Compacting State | ||||||
12 | has at any time defaulted ("Defaulting State") in the | ||||||
13 | performance of any of its obligations or responsibilities | ||||||
14 | under this Compact, the Bylaws or duly promulgated Rules or | ||||||
15 | Operating Procedures, then, after notice and hearing as set | ||||||
16 | forth in the Bylaws, all rights, privileges and benefits | ||||||
17 | conferred by this Compact on the Defaulting State shall be | ||||||
18 | suspended from the effective date of default as fixed by the | ||||||
19 | Commission. The grounds for default include, but are not | ||||||
20 | limited to, failure of a Compacting State to perform its | ||||||
21 | obligations or responsibilities, and any other grounds | ||||||
22 | designated in Commission Rules. The Commission shall | ||||||
23 | immediately notify the Defaulting State in writing of the | ||||||
24 | Defaulting State's suspension pending a cure of the default. | ||||||
25 | The Commission shall stipulate the conditions and the time | ||||||
26 | period within which the Defaulting State must cure its |
| |||||||
| |||||||
1 | default. If the Defaulting State fails to cure the default | ||||||
2 | within the time period specified by the Commission, the | ||||||
3 | Defaulting State shall be terminated from the Compact and all | ||||||
4 | rights, privileges and benefits conferred by this Compact | ||||||
5 | shall be terminated from the effective date of termination. | ||||||
6 | b. Product approvals by the Commission or product | ||||||
7 | self-certifications, or any Advertisement in connection with | ||||||
8 | such product, that are in force on the effective date of | ||||||
9 | termination shall remain in force in the Defaulting State in | ||||||
10 | the same manner as if the Defaulting State had withdrawn | ||||||
11 | voluntarily pursuant to paragraph 1 of this Article. | ||||||
12 | c. Reinstatement following termination of any Compacting | ||||||
13 | State requires a reenactment of the Compact. | ||||||
14 | 3. Dissolution of Compact. | ||||||
15 | a. The Compact dissolves effective upon the date of the | ||||||
16 | withdrawal or default of the Compacting State which reduces | ||||||
17 | membership in the Compact to one Compacting State. | ||||||
18 | b. Upon the dissolution of this Compact, the Compact | ||||||
19 | becomes null and void and shall be of no further force or | ||||||
20 | effect, and the business and affairs of the Commission shall | ||||||
21 | be wound up and any surplus funds shall be distributed in | ||||||
22 | accordance with the Bylaws. | ||||||
23 | Article XV. SEVERABILITY AND CONSTRUCTION | ||||||
24 | 1. The provisions of this Compact shall be severable; and | ||||||
25 | if any phrase, clause, sentence or provision is deemed |
| |||||||
| |||||||
1 | unenforceable, the remaining provisions of the Compact shall | ||||||
2 | be enforceable. | ||||||
3 | 2. The provisions of this Compact shall be liberally | ||||||
4 | construed to effectuate its purposes. | ||||||
5 | Article XVI. BINDING EFFECT OF COMPACT AND OTHER LAWS | ||||||
6 | 1. Other Laws. | ||||||
7 | a. Nothing herein prevents the enforcement of any other | ||||||
8 | law of a Compacting State, except as provided in paragraph b of | ||||||
9 | this Article. | ||||||
10 | b. For any Product approved or certified to the | ||||||
11 | Commission, the Rules, Uniform Standards and any other | ||||||
12 | requirements of the Commission shall constitute the exclusive | ||||||
13 | provisions applicable to the content, approval and | ||||||
14 | certification of such Products. For Advertisement that is | ||||||
15 | subject to the Commission's authority, any Rule, Uniform | ||||||
16 | Standard or other requirement of the Commission which governs | ||||||
17 | the content of the Advertisement shall constitute the | ||||||
18 | exclusive provision that a Commissioner may apply to the | ||||||
19 | content of the Advertisement. Notwithstanding the foregoing, | ||||||
20 | no action taken by the Commission shall abrogate or restrict: | ||||||
21 | (i) the access of any person to state courts; (ii) remedies | ||||||
22 | available under state law related to breach of contract, tort, | ||||||
23 | or other laws not specifically directed to the content of the | ||||||
24 | Product; (iii) state law relating to the construction of | ||||||
25 | insurance contracts; or (iv) the authority of the attorney |
| |||||||
| |||||||
1 | general of the state, including but not limited to maintaining | ||||||
2 | any actions or proceedings, as authorized by law. | ||||||
3 | c. All insurance products filed with individual States | ||||||
4 | shall be subject to the laws of those States. | ||||||
5 | 2. Binding Effect of this Compact. | ||||||
6 | a. All lawful actions of the Commission, including all | ||||||
7 | Rules and Operating Procedures promulgated by the Commission, | ||||||
8 | are binding upon the Compacting States. | ||||||
9 | b. All agreements between the Commission and the | ||||||
10 | Compacting States are binding in accordance with their terms. | ||||||
11 | c. Upon the request of a party to a conflict over the | ||||||
12 | meaning or interpretation of Commission actions, and upon a | ||||||
13 | majority vote of the Compacting States, the Commission may | ||||||
14 | issue advisory opinions regarding the meaning or | ||||||
15 | interpretation in dispute. | ||||||
16 | d. In the event any provision of this Compact exceeds the | ||||||
17 | constitutional limits imposed on the legislature of any | ||||||
18 | Compacting State, the obligations, duties, powers or | ||||||
19 | jurisdiction sought to be conferred by that provision upon the | ||||||
20 | Commission shall be ineffective as to that Compacting State, | ||||||
21 | and those obligations, duties, powers or jurisdiction shall | ||||||
22 | remain in the Compacting State and shall be exercised by the | ||||||
23 | agency thereof to which those obligations, duties, powers or | ||||||
24 | jurisdiction are delegated by law in effect at the time this | ||||||
25 | Compact becomes effective. | ||||||
26 | (Source: P.A. 96-1481, eff. 11-29-10.) |
| |||||||
| |||||||
1 | Section 40. The Counties Code is amended by changing | ||||||
2 | Section 3-12007 as follows:
| ||||||
3 | (55 ILCS 5/3-12007) (from Ch. 34, par. 3-12007)
| ||||||
4 | Sec. 3-12007. Proposed rules for classified service. (a) | ||||||
5 | The
Director of Personnel shall prepare and submit to the | ||||||
6 | commission proposed
rules for the classified service. The | ||||||
7 | director shall give at least 10
days' notice to the heads of | ||||||
8 | all departments or agencies affected and they
shall be given | ||||||
9 | an opportunity, upon their request, to appear before the
| ||||||
10 | commission to express their views thereon before action is | ||||||
11 | taken by the
commission.
| ||||||
12 | (b) The rules, as adopted pursuant to subsection (a) of | ||||||
13 | Section
3-12005 shall provide for:
| ||||||
14 | (1) preparation, maintenance and revision of a position
| ||||||
15 | classification plan for all positions in the classified | ||||||
16 | service, based
upon the similarity of duties performed and | ||||||
17 | responsibilities assumed, so
that the same qualifications may | ||||||
18 | reasonably be required and the same
schedule of pay may be | ||||||
19 | applied to all positions in the same class. Each
position | ||||||
20 | authorized by the Board shall be allocated by the director to
| ||||||
21 | the proper class and assigned to the appropriate pay range for | ||||||
22 | that class.
| ||||||
23 | (2) promotion which shall give appropriate consideration | ||||||
24 | to the
applicant's qualifications, record of performance, |
| |||||||
| |||||||
1 | seniority, and
conduct. Vacancies shall be filled by promotion | ||||||
2 | whenever practicable
and in the best interest of the county | ||||||
3 | service, and preference may be
given to employees within the | ||||||
4 | department in which the vacancy occurs.
| ||||||
5 | (3) open competitive examinations to determine the | ||||||
6 | relative fitness
of applicants for the respective competitive | ||||||
7 | positions.
| ||||||
8 | (4) competitive selection of employees for all classes in | ||||||
9 | the
classified service.
| ||||||
10 | (5) establishment of lists of eligibles for appointment | ||||||
11 | and
promotion, upon which lists shall be placed the names of | ||||||
12 | successful
candidates in the order of their relative | ||||||
13 | excellence in the respective
examinations. The duration of | ||||||
14 | eligible lists for initial appointment
shall be for no more | ||||||
15 | than one year unless extended by the director for
not more than | ||||||
16 | one additional year; lists of eligibles for promotion
shall be | ||||||
17 | maintained for as long as the tests on which they are based are
| ||||||
18 | considered valid by the director.
| ||||||
19 | (6) certification by the director to the appointing | ||||||
20 | authorities of
not more than the top 5 names from the list of | ||||||
21 | eligibles for a single vacancy.
| ||||||
22 | (7) rejection of candidates who do not comply with | ||||||
23 | reasonable job
requirements in regard to such factors as age, | ||||||
24 | physical condition,
training and experience, or who are | ||||||
25 | addicted to alcohol or narcotics or
have been guilty of | ||||||
26 | infamous or disgraceful conduct or are illegal noncitizens |
| |||||||
| |||||||
1 | aliens .
| ||||||
2 | (8) periods of probationary employment. During the initial
| ||||||
3 | probation period following appointment any employee may be | ||||||
4 | discharged or
demoted without charges or hearing except that | ||||||
5 | any applicant or
employee, regardless of status, who has | ||||||
6 | reason to believe that he/she
has been discriminated against | ||||||
7 | because of religious opinions or
affiliation, or race, sex, or | ||||||
8 | national origin in any personnel action
may appeal to the | ||||||
9 | commission in accordance with the provisions of this
Division | ||||||
10 | or in appropriate rules established by the commission
pursuant | ||||||
11 | to subsection (a) of Section 3-12005.
| ||||||
12 | (9) provisional employment without competitive | ||||||
13 | examinations when
there is no appropriate eligible list | ||||||
14 | available. No person hired as a
provisional employee shall | ||||||
15 | continue on the county payroll longer than 6
months per | ||||||
16 | calendar year nor shall successive provisional appointments
be | ||||||
17 | allowed.
| ||||||
18 | (10) transfer from a position in one department to a | ||||||
19 | position in
another department involving similar | ||||||
20 | qualifications, duties,
responsibilities and salary.
| ||||||
21 | (11) procedures for authorized reinstatement within one | ||||||
22 | year of
persons who resign in good standing.
| ||||||
23 | (12) layoff by reason of lack of funds or work or abolition | ||||||
24 | of the
position, or material changes in duties or | ||||||
25 | organization, and for the
layoff of nontenured employees | ||||||
26 | first, and for the reemployment of
permanent employees so laid |
| |||||||
| |||||||
1 | off, giving consideration in
both layoff and reemployment to | ||||||
2 | performance record and seniority in service.
| ||||||
3 | (13) keeping records of performance of all employees in | ||||||
4 | the
classified service.
| ||||||
5 | (14) suspension, demotion or dismissal of an employee for
| ||||||
6 | misconduct, inefficiency, incompetence, insubordination, | ||||||
7 | malfeasance or
other unfitness to render effective service and | ||||||
8 | for the investigation
and hearing of appeals of any employee | ||||||
9 | recommended for suspension,
demotion or dismissal by a | ||||||
10 | department head for any of the foregoing reasons.
| ||||||
11 | (15) establishment of a plan for resolving employee | ||||||
12 | grievances and
complaints, including an appeals procedure.
| ||||||
13 | (16) hours of work, holidays and attendance regulations, | ||||||
14 | and for
annual, sick and special leaves of absence, with or | ||||||
15 | without pay, or at
reduced pay.
| ||||||
16 | (17) development of employee morale, safety and training | ||||||
17 | programs.
| ||||||
18 | (18) establishment of a period of probation, the length of | ||||||
19 | which
shall be determined by the complexity of the work | ||||||
20 | involved, but which
shall not exceed one year without special | ||||||
21 | written approval from the
commission.
| ||||||
22 | (19) such other rules, not inconsistent with this | ||||||
23 | Division,
as may be proper and necessary for its enforcement.
| ||||||
24 | (Source: P.A. 86-962.)
| ||||||
25 | Section 45. The Illinois Municipal Code is amended by |
| |||||||
| |||||||
1 | changing Section 11-74.2-14 as follows:
| ||||||
2 | (65 ILCS 5/11-74.2-14) (from Ch. 24, par. 11-74.2-14)
| ||||||
3 | Sec. 11-74.2-14.
The corporate authorities may at any time | ||||||
4 | transfer
and sell the fee simple title, or any lesser estate | ||||||
5 | that they acquired
to all or any part of the real property | ||||||
6 | within the redevelopment area.
No such sale shall be | ||||||
7 | inconsistent with the provisions of paragraph (e)
of Section | ||||||
8 | 11-74.2-8.
| ||||||
9 | Such sales and transfers may be made to:
| ||||||
10 | (1) Any individual, association or corporation, organized | ||||||
11 | under the
laws of this State or of any other State or country, | ||||||
12 | which may legally
make such investments in this State, | ||||||
13 | including foreign and non-domestic alien
insurance companies, | ||||||
14 | as defined in Section 2 of the "Illinois Insurance
Code"; or
| ||||||
15 | (2) Any body politic and corporate, public corporation or | ||||||
16 | private
individual, corporation, association or interest | ||||||
17 | empowered by law to
acquire, develop and use such real | ||||||
18 | property for such uses, public or
private, as are in | ||||||
19 | accordance with the final redevelopment plan.
| ||||||
20 | To provide that the real property sold by the corporate | ||||||
21 | authorities
is used in accordance with the final redevelopment | ||||||
22 | plan, the corporate
authorities shall inquire into and satisfy | ||||||
23 | themselves concerning the
financial ability of the purchaser | ||||||
24 | to complete the redevelopment in
accordance with the | ||||||
25 | redevelopment plan and shall require the purchaser
to execute |
| |||||||
| |||||||
1 | in writing such undertakings as the corporate authorities may
| ||||||
2 | deem necessary to obligate the purchaser to:
| ||||||
3 | (1) Use the land for the purposes designated in the | ||||||
4 | approved plan;
| ||||||
5 | (2) Commence and complete the building of the improvements | ||||||
6 | or the renovation
of the property within the periods of time | ||||||
7 | which the corporate authorities fix
as reasonable; and
| ||||||
8 | (3) Comply with such other conditions as are necessary to | ||||||
9 | carry out
the purposes of the final redevelopment plan.
| ||||||
10 | Any redevelopment area may be sold either as an entirety | ||||||
11 | or in such
parcels as the corporate authorities may select. It | ||||||
12 | is not necessary
that title be acquired to all real property | ||||||
13 | within the redevelopment
area before the sale of a part | ||||||
14 | thereof may be made as provided in this
Section. All real | ||||||
15 | property sold shall be sold at its use value which may
be less | ||||||
16 | than its acquisition cost. For purposes of this Division, use
| ||||||
17 | value represents the value at which the corporate authorities | ||||||
18 | determine
that such land should be made available in order | ||||||
19 | that it may be
developed or redeveloped for the purposes | ||||||
20 | specified in the final
redevelopment plan.
| ||||||
21 | (Source: P.A. 81-3.)
| ||||||
22 | Section 50. The Metropolitan Water Reclamation District | ||||||
23 | Act is amended by changing Section 11.15 as follows:
| ||||||
24 | (70 ILCS 2605/11.15) (from Ch. 42, par. 331.15)
|
| |||||||
| |||||||
1 | Sec. 11.15.
No person shall be employed upon contracts for | ||||||
2 | work to be done
by any such sanitary district unless he or she | ||||||
3 | is a citizen of the United States, a national of the United | ||||||
4 | States under Section 1401 of Title 8 of the United States Code, | ||||||
5 | a person an alien lawfully admitted for permanent residence | ||||||
6 | under Section 1101 of Title 8 of the United States Code, an | ||||||
7 | individual who has been granted asylum under Section 1158 of | ||||||
8 | Title 8 of the United States Code, or an individual who is | ||||||
9 | otherwise legally authorized to work in the United States.
| ||||||
10 | (Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)
| ||||||
11 | Section 55. The Board of Higher Education Act is amended | ||||||
12 | by changing Section 9.16 as follows:
| ||||||
13 | (110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
| ||||||
14 | Sec. 9.16. Underrepresentation of certain groups in higher | ||||||
15 | education.
To require public institutions of higher education | ||||||
16 | to develop and implement
methods and strategies to increase | ||||||
17 | the participation of minorities, women
and individuals with | ||||||
18 | disabilities who are traditionally underrepresented in
| ||||||
19 | education programs and activities. For the purpose of this | ||||||
20 | Section,
minorities shall mean persons who are citizens of the | ||||||
21 | United States or
lawful permanent resident noncitizens aliens | ||||||
22 | of the United States and who are any of the following: | ||||||
23 | (1) American Indian or Alaska Native (a person having | ||||||
24 | origins in any of the original peoples of North and South |
| |||||||
| |||||||
1 | America, including Central America, and who maintains | ||||||
2 | tribal affiliation or community attachment). | ||||||
3 | (2) Asian (a person having origins in any of the | ||||||
4 | original peoples of the Far East, Southeast Asia, or the | ||||||
5 | Indian subcontinent, including, but not limited to, | ||||||
6 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
7 | the Philippine Islands, Thailand, and Vietnam). | ||||||
8 | (3) Black or African American (a person having origins | ||||||
9 | in any of the black racial groups of Africa). | ||||||
10 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
11 | Puerto Rican, South or Central American, or other Spanish | ||||||
12 | culture or origin, regardless of race). | ||||||
13 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
14 | person having origins in any of the original peoples of | ||||||
15 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
16 | The Board shall adopt any rules necessary to administer | ||||||
17 | this Section.
The Board shall also do the following:
| ||||||
18 | (a) require all public institutions of higher education to | ||||||
19 | develop and
submit plans for the implementation of this | ||||||
20 | Section;
| ||||||
21 | (b) conduct periodic review of public institutions of | ||||||
22 | higher education to
determine compliance with this Section; | ||||||
23 | and if the Board finds that a public
institution of higher | ||||||
24 | education is not in compliance with this Section,
it shall | ||||||
25 | notify the institution of steps to take to attain compliance;
| ||||||
26 | (c) provide advice and counsel pursuant to this Section;
|
| |||||||
| |||||||
1 | (d) conduct studies of the effectiveness of methods and | ||||||
2 | strategies
designed to increase participation of students in | ||||||
3 | education programs and
activities in which minorities, women | ||||||
4 | and individuals with disabilities are
traditionally | ||||||
5 | underrepresented, and monitor the success of students in such
| ||||||
6 | education programs and activities;
| ||||||
7 | (e) encourage minority student recruitment and retention | ||||||
8 | in colleges
and universities. In implementing this paragraph, | ||||||
9 | the Board shall undertake
but need not be limited to the | ||||||
10 | following: the establishment of guidelines
and plans for | ||||||
11 | public institutions of higher education for minority student
| ||||||
12 | recruitment and retention, the review and monitoring of | ||||||
13 | minority student
programs implemented at public institutions | ||||||
14 | of higher education to
determine their compliance with any | ||||||
15 | guidelines and plans so established,
the determination of the | ||||||
16 | effectiveness and funding requirements of minority
student | ||||||
17 | programs at public institutions of higher education, the
| ||||||
18 | dissemination of successful programs as models, and the | ||||||
19 | encouragement of
cooperative partnerships between community | ||||||
20 | colleges and local school
attendance centers which are | ||||||
21 | experiencing difficulties in enrolling
minority students in | ||||||
22 | four-year colleges and universities;
| ||||||
23 | (f) mandate all public institutions of higher education to | ||||||
24 | submit data
and information essential to determine compliance | ||||||
25 | with this Section. The
Board shall prescribe the format and | ||||||
26 | the date for submission of this data
and any other education |
| |||||||
| |||||||
1 | equity data; and
| ||||||
2 | (g) report to the General Assembly and the Governor | ||||||
3 | annually with a
description of the plans submitted by each | ||||||
4 | public institution of higher
education for implementation of | ||||||
5 | this Section, including financial data
relating to the most | ||||||
6 | recent fiscal year expenditures for specific minority
| ||||||
7 | programs, the effectiveness of such
plans and programs and the | ||||||
8 | effectiveness of the methods and strategies developed by the
| ||||||
9 | Board in meeting the purposes of this Section, the degree of | ||||||
10 | compliance
with this Section by each public institution of | ||||||
11 | higher education as
determined by the Board pursuant to its | ||||||
12 | periodic review responsibilities,
and the findings made by the | ||||||
13 | Board in conducting its studies and monitoring
student success | ||||||
14 | as required by paragraph d) of this Section. With
respect to | ||||||
15 | each public institution of higher education such report also | ||||||
16 | shall
include, but need not be limited to, information with | ||||||
17 | respect to each
institution's minority program budget | ||||||
18 | allocations; minority student
admission, retention and | ||||||
19 | graduation statistics; admission, retention, and graduation | ||||||
20 | statistics of all students who are the first in their | ||||||
21 | immediate family to attend an institution of higher education; | ||||||
22 | number of financial
assistance awards to undergraduate and | ||||||
23 | graduate minority students; and
minority faculty | ||||||
24 | representation. This paragraph shall not be construed to
| ||||||
25 | prohibit the Board from making, preparing or issuing | ||||||
26 | additional surveys or
studies with respect to minority |
| |||||||
| |||||||
1 | education in Illinois.
| ||||||
2 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
3 | Section 60. The Dental Student Grant Act is amended by | ||||||
4 | changing Section 3.06 as follows:
| ||||||
5 | (110 ILCS 925/3.06) (from Ch. 144, par. 1503.06)
| ||||||
6 | Sec. 3.06.
"Eligible dental student" means a person who | ||||||
7 | meets all of the
following qualifications:
| ||||||
8 | (a) That the individual is a resident of this State and a | ||||||
9 | citizen or
lawful permanent resident noncitizen alien of the | ||||||
10 | United States;
| ||||||
11 | (b) That the individual has been accepted in a dental
| ||||||
12 | school located in Illinois;
| ||||||
13 | (c) That the individual exhibits financial need as
| ||||||
14 | determined by the Department;
| ||||||
15 | (d) That the individual has earned an educational diploma | ||||||
16 | at an
institution of education located in this State or has | ||||||
17 | been a resident of the
State for no less than 3 years prior to | ||||||
18 | applying for the grant;
| ||||||
19 | (e) That the individual is a member of a racial minority as | ||||||
20 | defined in
Section 3.07; and
| ||||||
21 | (f) That the individual meets other qualifications which | ||||||
22 | shall be
established by the Department.
| ||||||
23 | (Source: P.A. 87-665.)
|
| |||||||
| |||||||
1 | Section 65. The Diversifying Higher Education Faculty in | ||||||
2 | Illinois Act is amended by changing Sections 2 and 7 as | ||||||
3 | follows:
| ||||||
4 | (110 ILCS 930/2) (from Ch. 144, par. 2302)
| ||||||
5 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
6 | context otherwise requires:
| ||||||
7 | "Board" means the Board of Higher Education.
| ||||||
8 | "DFI" means the Diversifying Higher Education Faculty in | ||||||
9 | Illinois Program of financial assistance to minorities who are | ||||||
10 | traditionally
underrepresented as participants in | ||||||
11 | postsecondary education. The program
shall assist them in | ||||||
12 | pursuing a graduate or professional degree and shall also | ||||||
13 | assist program graduates to find employment at an Illinois | ||||||
14 | institution of higher education, including a community | ||||||
15 | college, in a faculty or staff position.
| ||||||
16 | "Program Board" means the entity created to administer the | ||||||
17 | grant program authorized by this Act.
| ||||||
18 | "Qualified institution of higher education" means a | ||||||
19 | qualifying publicly or privately
operated educational | ||||||
20 | institution located within Illinois (i) that
offers | ||||||
21 | instruction leading toward or prerequisite to an academic or
| ||||||
22 | professional degree beyond the baccalaureate degree, excluding | ||||||
23 | theological
schools, and (ii) that is authorized to operate in | ||||||
24 | the State of Illinois.
| ||||||
25 | "Racial minority" means a person who is a citizen of the |
| |||||||
| |||||||
1 | United
States or a lawful permanent resident noncitizen alien | ||||||
2 | of the United States and who is any of the following:
| ||||||
3 | (1) American Indian or Alaska Native (a person having | ||||||
4 | origins in any of the original peoples of North and South | ||||||
5 | America, including Central America, and who maintains | ||||||
6 | tribal affiliation or community attachment). | ||||||
7 | (2) Asian (a person having origins in any of the | ||||||
8 | original peoples of the Far East, Southeast Asia, or the | ||||||
9 | Indian subcontinent, including, but not limited to, | ||||||
10 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
11 | the Philippine Islands, Thailand, and Vietnam). | ||||||
12 | (3) Black or African American (a person having origins | ||||||
13 | in any of the black racial groups of Africa). | ||||||
14 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
15 | Puerto Rican, South or Central American, or other Spanish | ||||||
16 | culture or origin, regardless of race). | ||||||
17 | (5) Native Hawaiian or Other Pacific Islander (a | ||||||
18 | person having origins in any of the original peoples of | ||||||
19 | Hawaii, Guam, Samoa, or other Pacific Islands).
| ||||||
20 | (Source: P.A. 102-465, eff. 1-1-22 .)
| ||||||
21 | (110 ILCS 930/7) (from Ch. 144, par. 2307)
| ||||||
22 | Sec. 7. Eligibility for DFI grants. An individual is | ||||||
23 | eligible for an
award under the provisions of this Act when the | ||||||
24 | Program Board finds:
| ||||||
25 | (a) That the individual is a resident of this State |
| |||||||
| |||||||
1 | and a citizen or
lawful permanent resident noncitizen | ||||||
2 | alien of the United States;
| ||||||
3 | (b) That the individual is a member of a racial | ||||||
4 | minority as defined
under the terms of this Act;
| ||||||
5 | (c) That the individual has earned any educational | ||||||
6 | diploma at an
institution of education located in this | ||||||
7 | State, or is a resident of the
State for no less than three | ||||||
8 | years prior to applying for the grant, and the
individual | ||||||
9 | must hold a baccalaureate degree from an institution of | ||||||
10 | higher
learning;
| ||||||
11 | (d) That the individual's financial resources are such | ||||||
12 | that, in the
absence of a DFI grant, the individual will be | ||||||
13 | prevented from pursuing
a graduate or professional degree | ||||||
14 | at a qualified institution of higher
education of his or | ||||||
15 | her choice;
| ||||||
16 | (e) That the individual has above average academic | ||||||
17 | ability to pursue a
graduate or professional degree; and
| ||||||
18 | (f) That the individual meets other qualifications | ||||||
19 | which shall be
established by the Program Board.
| ||||||
20 | Grant funds shall be awarded only to those persons | ||||||
21 | pursuing a graduate or professional degree program at a | ||||||
22 | qualified institution of higher education.
| ||||||
23 | The
Board shall by rule promulgate, pursuant to the | ||||||
24 | Illinois
Administrative Procedure Act, precise standards to be | ||||||
25 | used by the Program Board to
determine whether a program | ||||||
26 | applicant has above average academic ability to
pursue a |
| |||||||
| |||||||
1 | graduate or professional degree.
| ||||||
2 | (Source: P.A. 93-862, eff. 8-4-04.)
| ||||||
3 | Section 70. The Higher Education Student Assistance Act is | ||||||
4 | amended by changing Sections 65.50 and 65.110 as follows:
| ||||||
5 | (110 ILCS 947/65.50)
| ||||||
6 | Sec. 65.50. Teacher training full-time undergraduate | ||||||
7 | scholarships.
| ||||||
8 | (a) Five hundred
new
scholarships shall be provided each | ||||||
9 | year for qualified high school students
or high school | ||||||
10 | graduates who desire to pursue full-time undergraduate
studies | ||||||
11 | in teacher education at public or private universities or | ||||||
12 | colleges
and community colleges in this State. The Commission, | ||||||
13 | in
accordance with rules and regulations promulgated for this | ||||||
14 | program,
shall provide funding and shall designate each year's | ||||||
15 | new recipients from
among those applicants who qualify for | ||||||
16 | consideration by showing:
| ||||||
17 | (1) that he or she is a resident of this State and a | ||||||
18 | citizen or a
lawful permanent resident noncitizen alien of | ||||||
19 | the United States;
| ||||||
20 | (2) that he or she has successfully completed the | ||||||
21 | program of
instruction at an approved high school or is a | ||||||
22 | student in good standing at
such a school and is engaged in | ||||||
23 | a program that will be completed by the
end of the academic | ||||||
24 | year, and in either event that his or her cumulative
grade |
| |||||||
| |||||||
1 | average was or is in the upper 1/4 of the high school | ||||||
2 | class;
| ||||||
3 | (3) that he or she has superior capacity to profit by a | ||||||
4 | higher education;
and
| ||||||
5 | (4) that he or she agrees to teach in Illinois schools | ||||||
6 | in
accordance with subsection (b).
| ||||||
7 | No rule or regulation promulgated by the State Board of
| ||||||
8 | Education prior to the effective date of this amendatory Act | ||||||
9 | of 1993 pursuant
to the exercise of any right, power, duty, | ||||||
10 | responsibility or matter of pending
business transferred from | ||||||
11 | the State Board of Education to the Commission under
this | ||||||
12 | Section shall be affected thereby, and all such rules and | ||||||
13 | regulations
shall become the rules and regulations of the | ||||||
14 | Commission until modified or
changed by the Commission in | ||||||
15 | accordance with law.
| ||||||
16 | If in any year the number of qualified applicants exceeds | ||||||
17 | the number of
scholarships to be awarded, the Commission shall | ||||||
18 | give
priority in awarding scholarships to students in | ||||||
19 | financial need. The
Commission
shall consider factors such as | ||||||
20 | the applicant's
family income, the size of the applicant's | ||||||
21 | family and the number of other
children in the applicant's | ||||||
22 | family attending college in determining the
financial need of | ||||||
23 | the individual.
| ||||||
24 | Unless otherwise indicated, these scholarships shall be | ||||||
25 | good for a period
of up to 4 years while the recipient is | ||||||
26 | enrolled for residence credit at a
public or private |
| |||||||
| |||||||
1 | university or college or at a community college. The
| ||||||
2 | scholarship shall cover tuition, fees and a stipend of $1,500 | ||||||
3 | per year.
For purposes of calculating scholarship awards for | ||||||
4 | recipients attending
private universities or colleges, tuition | ||||||
5 | and fees for students at private
colleges and universities | ||||||
6 | shall not exceed the average tuition and fees for
students at | ||||||
7 | 4-year public colleges and universities for the academic year
| ||||||
8 | in which the scholarship is made.
| ||||||
9 | (b) Upon graduation from or termination of enrollment
in a | ||||||
10 | teacher education program, any person who accepted a | ||||||
11 | scholarship under
the undergraduate scholarship program | ||||||
12 | continued by this Section, including
persons whose graduation | ||||||
13 | or termination of
enrollment occurred prior to the effective | ||||||
14 | date of this amendatory Act of
1993, shall teach in any school | ||||||
15 | in
this State for at least 4 of the 7 years immediately | ||||||
16 | following his or her
graduation or termination. If the | ||||||
17 | recipient spends up to 4 years in
military service before or | ||||||
18 | after he or she graduates, the period of
military service | ||||||
19 | shall be excluded from the computation of that 7 year
period. A | ||||||
20 | recipient who is enrolled full-time in an academic program
| ||||||
21 | leading to a graduate degree in education shall have the | ||||||
22 | period of graduate
study excluded from the computation of that | ||||||
23 | 7 year period.
| ||||||
24 | Any person who fails to fulfill the teaching requirement | ||||||
25 | shall pay to the
Commission an amount equal to one-fourth of | ||||||
26 | the
scholarship received for each unfulfilled year of the |
| |||||||
| |||||||
1 | 4-year teaching
requirement, together with interest at 8% per | ||||||
2 | year on that amount.
However, this obligation to repay does | ||||||
3 | not apply when the failure to
fulfill the teaching requirement | ||||||
4 | results from involuntarily leaving the
profession due to a | ||||||
5 | decrease in the number of teachers employed by the
school | ||||||
6 | board or a discontinuation of a type of teaching service under
| ||||||
7 | Section 24-12 of the School Code or from the death or | ||||||
8 | adjudication as
incompetent of the
person holding the | ||||||
9 | scholarship. No claim for repayment may be filed
against the | ||||||
10 | estate of such a decedent or incompetent.
| ||||||
11 | Each person applying for such a scholarship shall be | ||||||
12 | provided with
a copy of this subsection at the time he or she | ||||||
13 | applies for the benefits
of such scholarship.
| ||||||
14 | (c) This Section is substantially the same as Sections | ||||||
15 | 30-14.5 and 30-14.6
of the
School Code, which are repealed by | ||||||
16 | this amendatory Act of 1993, and shall be
construed as a | ||||||
17 | continuation of the teacher training undergraduate scholarship
| ||||||
18 | program
established by that prior law, and not as a new or | ||||||
19 | different teacher training
undergraduate scholarship program.
| ||||||
20 | The State Board of Education shall transfer to the Commission, | ||||||
21 | as the
successor to the State Board of Education for all | ||||||
22 | purposes of administering
and implementing the provisions of | ||||||
23 | this Section, all books, accounts, records,
papers, documents, | ||||||
24 | contracts, agreements, and pending business in any way
| ||||||
25 | relating to the teacher training undergraduate scholarship | ||||||
26 | program
continued under this Section,
and all scholarships at |
| |||||||
| |||||||
1 | any time awarded under that program
by, and all applications | ||||||
2 | for any such scholarship
at any
time made to, the State Board | ||||||
3 | of Education shall be unaffected by the transfer
to the | ||||||
4 | Commission of all responsibility for the administration and
| ||||||
5 | implementation of the teacher training undergraduate | ||||||
6 | scholarship
program continued under this
Section. The State | ||||||
7 | Board of Education shall furnish to the Commission such
other | ||||||
8 | information as the Commission may request to assist it in | ||||||
9 | administering
this Section.
| ||||||
10 | (Source: P.A. 88-228.)
| ||||||
11 | (110 ILCS 947/65.110) | ||||||
12 | Sec. 65.110. Post-Master of Social Work School Social Work | ||||||
13 | Professional Educator License scholarship. | ||||||
14 | (a) Subject to appropriation, beginning with awards for | ||||||
15 | the 2022-2023 academic year, the Commission shall award | ||||||
16 | annually up to 250 Post-Master of Social Work School Social | ||||||
17 | Work Professional Educator License scholarships to a person | ||||||
18 | who: | ||||||
19 | (1) holds a valid Illinois-licensed clinical social | ||||||
20 | work license or social work license; | ||||||
21 | (2) has obtained a master's degree in social work from | ||||||
22 | an approved program; | ||||||
23 | (3) is a United States citizen or eligible noncitizen; | ||||||
24 | and | ||||||
25 | (4) submits an application to the Commission for such |
| |||||||
| |||||||
1 | scholarship and agrees to take courses to obtain an | ||||||
2 | Illinois Professional Educator License with an endorsement | ||||||
3 | in School Social Work. | ||||||
4 | (b) If an appropriation for this Section for a given | ||||||
5 | fiscal year is insufficient to provide scholarships to all | ||||||
6 | qualified applicants, the Commission shall allocate the | ||||||
7 | appropriation in accordance with this subsection (b). If funds | ||||||
8 | are insufficient to provide all qualified applicants with a | ||||||
9 | scholarship as authorized by this Section, the Commission | ||||||
10 | shall allocate the available scholarship funds for that fiscal | ||||||
11 | year to qualified applicants who submit a complete application | ||||||
12 | on or before a date specified by the Commission, based on the | ||||||
13 | following order of priority: | ||||||
14 | (1) firstly, to students who received a scholarship | ||||||
15 | under this Section in the prior academic year and who | ||||||
16 | remain eligible for a scholarship under this Section; | ||||||
17 | (2) secondly, to new, qualified applicants who are | ||||||
18 | members of a racial minority, as defined in subsection | ||||||
19 | (c); and | ||||||
20 | (3) finally, to other new, qualified applicants in | ||||||
21 | accordance with this Section. | ||||||
22 | (c) Scholarships awarded under this Section shall be | ||||||
23 | issued pursuant to rules adopted by the Commission. In | ||||||
24 | awarding scholarships, the Commission shall give priority to | ||||||
25 | those applicants who are members of a racial minority. Racial | ||||||
26 | minorities are underrepresented as school social workers in |
| |||||||
| |||||||
1 | elementary and secondary schools in this State, and the | ||||||
2 | General Assembly finds that it is in the interest of this State | ||||||
3 | to provide them with priority consideration for programs that | ||||||
4 | encourage their participation in this field and thereby foster | ||||||
5 | a profession that is more reflective of the diversity of | ||||||
6 | Illinois students and the parents they will serve. A more | ||||||
7 | reflective workforce in school social work allows improved | ||||||
8 | outcomes for students and a better utilization of services. | ||||||
9 | Therefore, the Commission shall give priority to those | ||||||
10 | applicants who are members of a racial minority. In this | ||||||
11 | subsection (c), "racial minority" means a person who is a | ||||||
12 | citizen of the United States or a lawful permanent resident | ||||||
13 | noncitizen alien of the United States and who is: | ||||||
14 | (1) Black (a person having origins in any of the black | ||||||
15 | racial groups in Africa); | ||||||
16 | (2) Hispanic (a person of Spanish or Portuguese | ||||||
17 | culture with origins in Mexico, South or Central America, | ||||||
18 | or the Caribbean Islands, regardless of race); | ||||||
19 | (3) Asian American (a person having origins in any of | ||||||
20 | the original peoples of the Far East, Southeast Asia, the | ||||||
21 | Indian Subcontinent, or the Pacific Islands); or | ||||||
22 | (4) American Indian or Alaskan Native (a person having | ||||||
23 | origins in any of the original peoples of North America). | ||||||
24 | (d) Each scholarship shall be applied to the payment of | ||||||
25 | tuition and mandatory fees at the University of Illinois, | ||||||
26 | Southern Illinois University, Chicago State University, |
| |||||||
| |||||||
1 | Eastern Illinois University, Governors State University, | ||||||
2 | Illinois State University, Northeastern Illinois University, | ||||||
3 | Northern Illinois University, and Western Illinois University. | ||||||
4 | Each scholarship may be applied to pay tuition and mandatory | ||||||
5 | fees required to obtain an Illinois Professional Educator | ||||||
6 | License with an endorsement in School Social Work. | ||||||
7 | (e) The Commission shall make tuition and fee payments | ||||||
8 | directly to the qualified institution of higher learning that | ||||||
9 | the applicant attends. | ||||||
10 | (f) Any person who has accepted a scholarship under this | ||||||
11 | Section must, within one year after graduation or termination | ||||||
12 | of enrollment in a Post-Master of Social Work Professional | ||||||
13 | Education License with an endorsement in School Social Work | ||||||
14 | program, begin working as a school social worker at a public or | ||||||
15 | nonpublic not-for-profit preschool, elementary school, or | ||||||
16 | secondary school located in this State for at least 2 of the 5 | ||||||
17 | years immediately following that graduation or termination, | ||||||
18 | excluding, however, from the computation of that 5-year | ||||||
19 | period: (i) any time up to 3 years spent in the military | ||||||
20 | service, whether such service occurs before or after the | ||||||
21 | person graduates; (ii) the time that person is a person with a | ||||||
22 | temporary total disability for a period of time not to exceed 3 | ||||||
23 | years, as established by the sworn affidavit of a qualified | ||||||
24 | physician; and (iii) the time that person is seeking and | ||||||
25 | unable to find full-time employment as a school social worker | ||||||
26 | at a State public or nonpublic not-for-profit preschool, |
| |||||||
| |||||||
1 | elementary school, or secondary school. | ||||||
2 | (g) If a recipient of a scholarship under this Section | ||||||
3 | fails to fulfill the work obligation set forth in subsection | ||||||
4 | (f), the Commission shall require the recipient to repay the | ||||||
5 | amount of the scholarships received, prorated according to the | ||||||
6 | fraction of the obligation not completed, at a rate of | ||||||
7 | interest equal to 5%, and, if applicable, reasonable | ||||||
8 | collection fees. The Commission is authorized to establish | ||||||
9 | rules relating to its collection activities for repayment of | ||||||
10 | scholarships under this Section. All repayments collected | ||||||
11 | under this Section shall be forwarded to the State Comptroller | ||||||
12 | for deposit into this State's General Revenue Fund. | ||||||
13 | A recipient of a scholarship under this Section is not | ||||||
14 | considered to be in violation of the failure to fulfill the | ||||||
15 | work obligation under subsection (f) if the recipient (i) | ||||||
16 | enrolls on a full-time basis as a graduate student in a course | ||||||
17 | of study related to the field of social work at a qualified | ||||||
18 | Illinois institution of higher learning; (ii) is serving, not | ||||||
19 | in excess of 3 years, as a member of the armed services of the | ||||||
20 | United States; (iii) is a person with a temporary total | ||||||
21 | disability for a period of time not to exceed 3 years, as | ||||||
22 | established by the sworn affidavit of a qualified physician; | ||||||
23 | (iv) is seeking and unable to find full-time employment as a | ||||||
24 | school social worker at an Illinois public or nonpublic | ||||||
25 | not-for-profit preschool, elementary school, or secondary | ||||||
26 | school that satisfies the criteria set forth in subsection (f) |
| |||||||
| |||||||
1 | and is able to provide evidence of that fact; or (v) becomes a | ||||||
2 | person with a permanent total disability, as established by | ||||||
3 | the sworn affidavit of a qualified physician.
| ||||||
4 | (Source: P.A. 102-621, eff. 1-1-22.) | ||||||
5 | Section 75. The Mental Health Graduate Education | ||||||
6 | Scholarship Act is amended by changing Section 20 as follows: | ||||||
7 | (110 ILCS 952/20)
| ||||||
8 | Sec. 20. Scholarships.
| ||||||
9 | (a) Beginning with the fall term of the 2009-2010 academic | ||||||
10 | year, the Department, in accordance with rules adopted by it | ||||||
11 | for this program, shall provide scholarships to individuals | ||||||
12 | selected from among those applicants who qualify for | ||||||
13 | consideration by showing all of the following: | ||||||
14 | (1) That the individual has been a resident of this | ||||||
15 | State
for at least one year prior to application and is a | ||||||
16 | citizen or a lawful permanent resident noncitizen alien of | ||||||
17 | the United States. | ||||||
18 | (2) That the individual enrolled in or accepted into a | ||||||
19 | mental health graduate program at an approved institution. | ||||||
20 | (3) That the individual agrees to meet the mental | ||||||
21 | health
employment obligation. | ||||||
22 | (b) If in any year the number of qualified applicants | ||||||
23 | exceeds the number of scholarships to be awarded, the | ||||||
24 | Department shall, in consultation with the Advisory Council, |
| |||||||
| |||||||
1 | consider the following factors in granting priority in | ||||||
2 | awarding scholarships: | ||||||
3 | (1) Financial need, as shown on a standardized
| ||||||
4 | financial needs assessment form used by an approved | ||||||
5 | institution. | ||||||
6 | (2) A student's merit, as shown through his or
her | ||||||
7 | grade point average, class rank, and other academic and | ||||||
8 | extracurricular activities.
| ||||||
9 | The Department may add to and further define these merit | ||||||
10 | criteria by rule. | ||||||
11 | (c) Unless otherwise indicated, scholarships shall be | ||||||
12 | awarded to recipients at approved institutions for a period of | ||||||
13 | up to 2 years if the recipient is enrolled in a master's degree | ||||||
14 | program and up to 4 years if the recipient is enrolled in a | ||||||
15 | doctoral degree program.
| ||||||
16 | (Source: P.A. 96-672, eff. 8-25-09.) | ||||||
17 | Section 80. The Nursing Education Scholarship Law is | ||||||
18 | amended by changing Sections 5 and 6.5 as follows:
| ||||||
19 | (110 ILCS 975/5) (from Ch. 144, par. 2755)
| ||||||
20 | Sec. 5. Nursing education scholarships. Beginning with the | ||||||
21 | fall term of the 2004-2005
academic year, the
Department, in | ||||||
22 | accordance with rules and regulations promulgated by it for | ||||||
23 | this
program, shall provide scholarships to individuals | ||||||
24 | selected
from among those applicants who qualify for |
| |||||||
| |||||||
1 | consideration by showing:
| ||||||
2 | (1) that he or she has been a resident of this State | ||||||
3 | for at least one
year prior to application, and is a | ||||||
4 | citizen or a lawful permanent resident noncitizen
alien of | ||||||
5 | the United States;
| ||||||
6 | (2) that he or she is enrolled in or accepted for | ||||||
7 | admission to an associate degree in
nursing program, | ||||||
8 | hospital-based
diploma in nursing program, baccalaureate | ||||||
9 | degree
in nursing program, graduate degree in nursing | ||||||
10 | program, or practical nursing program at an approved
| ||||||
11 | institution; and
| ||||||
12 | (3) that he or she agrees to meet the nursing | ||||||
13 | employment obligation.
| ||||||
14 | If in any year the number of qualified applicants exceeds | ||||||
15 | the number of
scholarships to be awarded, the Department | ||||||
16 | shall, in consultation with the Illinois Nursing Workforce | ||||||
17 | Center Advisory Board, consider the following factors in | ||||||
18 | granting priority in awarding
scholarships: | ||||||
19 | (A) Financial need, as shown on a
standardized | ||||||
20 | financial needs assessment form used by an approved
| ||||||
21 | institution, of students who will pursue their | ||||||
22 | education on a full-time or close to
full-time
basis | ||||||
23 | and who already have a certificate in practical | ||||||
24 | nursing, a diploma
in nursing, or an associate degree | ||||||
25 | in nursing and are pursuing a higher
degree.
| ||||||
26 | (B) A student's status as a registered nurse who |
| |||||||
| |||||||
1 | is pursuing a graduate degree in nursing to pursue | ||||||
2 | employment in an approved institution that educates | ||||||
3 | licensed practical nurses and that educates registered | ||||||
4 | nurses in undergraduate and graduate nursing programs.
| ||||||
5 | (C) A student's merit, as shown through his or her | ||||||
6 | grade point average, class rank, and other academic | ||||||
7 | and extracurricular activities. The Department may add | ||||||
8 | to and further define these merit criteria by rule.
| ||||||
9 | Unless otherwise indicated, scholarships shall be awarded | ||||||
10 | to
recipients at approved institutions for a period
of up to 2 | ||||||
11 | years if the recipient is enrolled in an
associate degree in
| ||||||
12 | nursing
program, up to 3 years if the recipient is enrolled in | ||||||
13 | a hospital-based
diploma in nursing program, up to 4 years if | ||||||
14 | the recipient is enrolled in a
baccalaureate degree in nursing | ||||||
15 | program, up to 5 years if the recipient is enrolled in a | ||||||
16 | graduate degree in nursing program, and up to one year if the
| ||||||
17 | recipient is enrolled in a certificate in practical nursing | ||||||
18 | program. At least
40% of the scholarships awarded shall be for | ||||||
19 | recipients who are
pursuing baccalaureate degrees in nursing, | ||||||
20 | 30% of the scholarships
awarded shall be for recipients who | ||||||
21 | are pursuing associate degrees in
nursing
or a diploma in | ||||||
22 | nursing, 10% of the scholarships awarded
shall be for | ||||||
23 | recipients who are pursuing a certificate in practical | ||||||
24 | nursing, and 20% of the scholarships awarded shall be for | ||||||
25 | recipients who are pursuing a graduate degree in nursing.
| ||||||
26 | Beginning with the fall term of the 2021-2022 academic |
| |||||||
| |||||||
1 | year and continuing through the 2024-2025 academic year, | ||||||
2 | subject to appropriation from the Hospital Licensure Fund, in | ||||||
3 | addition to any other funds available to the Department for | ||||||
4 | such scholarships, the Department may award a total of | ||||||
5 | $500,000 annually in scholarships under this Section. | ||||||
6 | (Source: P.A. 102-641, eff. 8-27-21.)
| ||||||
7 | (110 ILCS 975/6.5) | ||||||
8 | Sec. 6.5. Nurse educator scholarships. | ||||||
9 | (a) Beginning with the fall term of the 2009-2010 academic | ||||||
10 | year, the Department shall provide scholarships to individuals | ||||||
11 | selected from among those applicants who qualify for | ||||||
12 | consideration by showing the following: | ||||||
13 | (1) that he or she has been a resident of this State | ||||||
14 | for at least one year prior to application and is a citizen | ||||||
15 | or a lawful permanent resident noncitizen alien of the | ||||||
16 | United States; | ||||||
17 | (2) that he or she is enrolled in or accepted for | ||||||
18 | admission to a graduate degree in nursing program at an | ||||||
19 | approved institution; and | ||||||
20 | (3) that he or she agrees to meet the nurse educator | ||||||
21 | employment obligation. | ||||||
22 | (b) If in any year the number of qualified applicants | ||||||
23 | exceeds the number of scholarships to be awarded under this | ||||||
24 | Section, the Department shall, in consultation with the | ||||||
25 | Illinois Nursing Workforce Center Advisory Board, consider the |
| |||||||
| |||||||
1 | following factors in granting priority in awarding | ||||||
2 | scholarships: | ||||||
3 | (1) Financial need, as shown on a standardized | ||||||
4 | financial needs assessment form used by an approved | ||||||
5 | institution, of students who will pursue their education | ||||||
6 | on a full-time or close to full-time basis and who already | ||||||
7 | have a diploma in nursing and are pursuing a higher | ||||||
8 | degree. | ||||||
9 | (2) A student's status as a registered nurse who is | ||||||
10 | pursuing a graduate degree in nursing to pursue employment | ||||||
11 | in an approved institution that educates licensed | ||||||
12 | practical nurses and that educates registered nurses in | ||||||
13 | undergraduate and graduate nursing programs. | ||||||
14 | (3) A student's merit, as shown through his or her | ||||||
15 | grade point average, class rank, experience as a nurse, | ||||||
16 | including supervisory experience, experience as a nurse in | ||||||
17 | the United States military, and other academic and | ||||||
18 | extracurricular activities. | ||||||
19 | (c) Unless otherwise indicated, scholarships under this | ||||||
20 | Section shall be awarded to recipients at approved | ||||||
21 | institutions for a period of up to 3 years. | ||||||
22 | (d) Within 12 months after graduation from a graduate | ||||||
23 | degree in nursing program for nurse educators, any recipient | ||||||
24 | who accepted a scholarship under this Section shall begin | ||||||
25 | meeting the required nurse educator employment obligation. In | ||||||
26 | order to defer his or her continuous employment obligation, a |
| |||||||
| |||||||
1 | recipient must request the deferment in writing from the | ||||||
2 | Department. A recipient shall receive a deferment if he or she | ||||||
3 | notifies the Department, within 30 days after enlisting, that | ||||||
4 | he or she is spending up to 4 years in military service. A | ||||||
5 | recipient shall receive a deferment if he or she notifies the | ||||||
6 | Department, within 30 days after enrolling, that he or she is | ||||||
7 | enrolled in an academic program leading to a graduate degree | ||||||
8 | in nursing. The recipient must begin meeting the required | ||||||
9 | nurse educator employment obligation no later than 6 months | ||||||
10 | after the end of the deferment or deferments. | ||||||
11 | Any person who fails to fulfill the nurse educator | ||||||
12 | employment obligation shall pay to the Department an amount | ||||||
13 | equal to the amount of scholarship funds received per year for | ||||||
14 | each unfulfilled year of the nurse educator employment | ||||||
15 | obligation, together with interest at 7% per year on the | ||||||
16 | unpaid balance. Payment must begin within 6 months following | ||||||
17 | the date of the occurrence initiating the repayment. All | ||||||
18 | repayments must be completed within 6 years from the date of | ||||||
19 | the occurrence initiating the repayment. However, this | ||||||
20 | repayment obligation may be deferred and re-evaluated every 6 | ||||||
21 | months when the failure to fulfill the nurse educator | ||||||
22 | employment obligation results from involuntarily leaving the | ||||||
23 | profession due to a decrease in the number of nurses employed | ||||||
24 | in this State or when the failure to fulfill the nurse educator | ||||||
25 | employment obligation results from total and permanent | ||||||
26 | disability. The repayment obligation shall be excused if the |
| |||||||
| |||||||
1 | failure to fulfill the nurse educator employment obligation | ||||||
2 | results from the death or adjudication as incompetent of the | ||||||
3 | person holding the scholarship. No claim for repayment may be | ||||||
4 | filed against the estate of such a decedent or incompetent. | ||||||
5 | The Department may allow a nurse educator employment | ||||||
6 | obligation fulfillment alternative if the nurse educator | ||||||
7 | scholarship recipient is unsuccessful in finding work as a | ||||||
8 | nurse educator. The Department shall maintain a database of | ||||||
9 | all available nurse educator positions in this State. | ||||||
10 | (e) Each person applying for a scholarship under this | ||||||
11 | Section must be provided with a copy of this Section at the | ||||||
12 | time of application for the benefits of this scholarship. | ||||||
13 | (f) Rulemaking authority to implement this amendatory Act | ||||||
14 | of the 96th General Assembly, if any, is conditioned on the | ||||||
15 | rules being adopted in accordance with all provisions of the | ||||||
16 | Illinois Administrative Procedure Act and all rules and | ||||||
17 | procedures of the Joint Committee on Administrative Rules; any | ||||||
18 | purported rule not so adopted, for whatever reason, is | ||||||
19 | unauthorized.
| ||||||
20 | (Source: P.A. 100-513, eff. 1-1-18 .) | ||||||
21 | Section 85. The Residential Mortgage License Act of 1987 | ||||||
22 | is amended by changing Section 1-4 as follows: | ||||||
23 | (205 ILCS 635/1-4) | ||||||
24 | Sec. 1-4. Definitions. The following words and phrases |
| |||||||
| |||||||
1 | have the meanings given to them in this Section: | ||||||
2 | (a) "Residential real property" or "residential real | ||||||
3 | estate" shall mean any real property located in Illinois, | ||||||
4 | upon which is constructed or intended to be constructed a | ||||||
5 | dwelling. Those terms include a manufactured home as | ||||||
6 | defined in subdivision (53) of Section 9-102 of the | ||||||
7 | Uniform Commercial Code which is real property as defined | ||||||
8 | in Section 5-35 of the Conveyance and Encumbrance of | ||||||
9 | Manufactured Homes as Real Property and Severance Act. | ||||||
10 | (b) "Making a residential mortgage loan" or "funding a | ||||||
11 | residential mortgage
loan" shall mean for compensation or | ||||||
12 | gain, either directly or indirectly,
advancing funds or | ||||||
13 | making a commitment to advance funds to a loan applicant
| ||||||
14 | for a residential mortgage loan. | ||||||
15 | (c) "Soliciting, processing, placing, or negotiating a | ||||||
16 | residential
mortgage loan" shall mean for compensation or | ||||||
17 | gain, either directly or
indirectly, accepting or offering | ||||||
18 | to accept an application for a
residential mortgage loan, | ||||||
19 | assisting or offering to assist in the
processing of an | ||||||
20 | application for a residential mortgage loan on behalf of a
| ||||||
21 | borrower, or negotiating or offering to negotiate the | ||||||
22 | terms or conditions
of a residential mortgage loan with a | ||||||
23 | lender on behalf of a borrower
including, but not limited | ||||||
24 | to, the submission of credit packages for the
approval of | ||||||
25 | lenders, the preparation of residential mortgage loan | ||||||
26 | closing
documents, including a closing in the name of a |
| |||||||
| |||||||
1 | broker. | ||||||
2 | (d) "Exempt person or entity" shall mean the | ||||||
3 | following: | ||||||
4 | (1) (i) Any banking organization or foreign | ||||||
5 | banking corporation
licensed by the Illinois | ||||||
6 | Commissioner of Banks and Real Estate or the
United | ||||||
7 | States Comptroller of the Currency to transact | ||||||
8 | business in this
State; (ii) any national bank, | ||||||
9 | federally chartered savings and loan
association, | ||||||
10 | federal savings bank, federal credit union; (iii) | ||||||
11 | (blank); (iv) any bank, savings and loan
association, | ||||||
12 | savings bank, or credit union organized under the laws | ||||||
13 | of this
or any other state; (v) any Illinois Consumer | ||||||
14 | Installment Loan Act licensee;
(vi) any insurance | ||||||
15 | company authorized to transact business in this State;
| ||||||
16 | (vii) any entity engaged solely in commercial mortgage | ||||||
17 | lending; (viii) any
service corporation of a savings | ||||||
18 | and loan association or savings bank organized
under | ||||||
19 | the laws of this State or the service corporation of a | ||||||
20 | federally
chartered savings and loan association or | ||||||
21 | savings bank having
its principal place of business in | ||||||
22 | this State, other than a service
corporation licensed | ||||||
23 | or entitled to reciprocity under the Real Estate
| ||||||
24 | License Act of 2000; or (ix) any first tier subsidiary | ||||||
25 | of a
bank, the charter of which is issued under the | ||||||
26 | Illinois Banking Act
by the Illinois Commissioner of |
| |||||||
| |||||||
1 | Banks and Real Estate,
or the first tier subsidiary of | ||||||
2 | a bank chartered by the United States
Comptroller of | ||||||
3 | the Currency and that has its principal place of | ||||||
4 | business
in this State, provided that the first tier | ||||||
5 | subsidiary is regularly
examined by the Illinois | ||||||
6 | Commissioner of Banks and Real Estate
or the | ||||||
7 | Comptroller of the Currency, or a consumer compliance | ||||||
8 | examination is
regularly conducted by the Federal | ||||||
9 | Reserve Board. | ||||||
10 | (1.5) Any employee of a person or entity mentioned | ||||||
11 | in
item (1) of this subsection, when acting for such | ||||||
12 | person or entity, or any registered mortgage loan | ||||||
13 | originator when acting for an entity described in | ||||||
14 | subsection (tt) of this Section. | ||||||
15 | (1.8) Any person or entity that does not originate | ||||||
16 | mortgage loans in the ordinary course of business, but | ||||||
17 | makes or acquires residential mortgage loans with his | ||||||
18 | or her own funds for his or her or its own investment | ||||||
19 | without intent to make, acquire, or resell more than 3 | ||||||
20 | residential mortgage loans in any one calendar year. | ||||||
21 | (2) (Blank). | ||||||
22 | (2.1) A bona fide nonprofit organization. | ||||||
23 | (2.2) An employee of a bona fide nonprofit | ||||||
24 | organization when acting on behalf of that | ||||||
25 | organization. | ||||||
26 | (3) Any person employed by a licensee to assist in |
| |||||||
| |||||||
1 | the performance of
the residential mortgage licensee's | ||||||
2 | activities regulated by this Act who is compensated in | ||||||
3 | any manner by
only one licensee. | ||||||
4 | (4) (Blank). | ||||||
5 | (5) Any individual, corporation, partnership, or | ||||||
6 | other entity that
originates, services, or brokers | ||||||
7 | residential mortgage loans, as these
activities are | ||||||
8 | defined in this Act, and who or which receives no
| ||||||
9 | compensation for those activities, subject to the | ||||||
10 | Commissioner's
regulations and the federal Secure and | ||||||
11 | Fair Enforcement for Mortgage Licensing Act of 2008 | ||||||
12 | and the rules promulgated under that Act with regard | ||||||
13 | to the nature and amount of compensation. | ||||||
14 | (6) (Blank). | ||||||
15 | (7) Any entity engaged solely in providing loan | ||||||
16 | processing services through the sponsoring of | ||||||
17 | individuals acting pursuant to subsection (d) of | ||||||
18 | Section 7-1A of this Act. | ||||||
19 | (e) "Licensee" or "residential mortgage licensee" | ||||||
20 | shall mean a person,
partnership, association, | ||||||
21 | corporation, or any other entity who or which is
licensed | ||||||
22 | pursuant to this Act to engage in the activities regulated | ||||||
23 | by
this Act. | ||||||
24 | (f) "Mortgage loan" "residential mortgage loan" or | ||||||
25 | "home
mortgage loan" shall mean any loan primarily for | ||||||
26 | personal, family, or household use that is secured by a |
| |||||||
| |||||||
1 | mortgage, deed of trust, or other equivalent consensual | ||||||
2 | security interest on a dwelling as defined in Section | ||||||
3 | 103(v) of the federal Truth in Lending Act, or residential | ||||||
4 | real estate upon which is constructed or intended to be | ||||||
5 | constructed a dwelling. | ||||||
6 | (g) "Lender" shall mean any person, partnership, | ||||||
7 | association,
corporation, or any other entity who either | ||||||
8 | lends or invests money in
residential mortgage loans. | ||||||
9 | (h) "Ultimate equitable owner" shall mean a person | ||||||
10 | who, directly
or indirectly, owns or controls an ownership | ||||||
11 | interest in a corporation,
foreign corporation, | ||||||
12 | non-domestic alien business organization, trust, or any | ||||||
13 | other form
of business organization regardless of whether | ||||||
14 | the person owns or controls
the ownership interest through | ||||||
15 | one or more persons or one or more proxies,
powers of | ||||||
16 | attorney, nominees, corporations, associations, | ||||||
17 | partnerships,
trusts, joint stock companies, or other | ||||||
18 | entities or devices, or any
combination thereof. | ||||||
19 | (i) "Residential mortgage financing transaction" shall | ||||||
20 | mean the negotiation,
acquisition, sale, or arrangement | ||||||
21 | for or the offer to negotiate, acquire,
sell, or arrange | ||||||
22 | for, a residential mortgage loan or residential mortgage
| ||||||
23 | loan commitment. | ||||||
24 | (j) "Personal residence address" shall mean a street | ||||||
25 | address and shall
not include a post office box number. | ||||||
26 | (k) "Residential mortgage loan commitment" shall mean |
| |||||||
| |||||||
1 | a contract for
residential mortgage loan financing. | ||||||
2 | (l) "Party to a residential mortgage financing | ||||||
3 | transaction" shall mean a
borrower, lender, or loan broker | ||||||
4 | in a residential mortgage financing
transaction. | ||||||
5 | (m) "Payments" shall mean payment of all or any of the | ||||||
6 | following:
principal, interest and escrow reserves for | ||||||
7 | taxes, insurance and other related
reserves, and | ||||||
8 | reimbursement for lender advances. | ||||||
9 | (n) "Commissioner" shall mean the Commissioner of | ||||||
10 | Banks and Real Estate, except that, beginning on April 6, | ||||||
11 | 2009 (the effective date of Public Act 95-1047), all | ||||||
12 | references in this Act to the Commissioner of Banks and | ||||||
13 | Real Estate are deemed, in appropriate contexts, to be | ||||||
14 | references to the Secretary of Financial and Professional | ||||||
15 | Regulation, or his or her designee, including the Director | ||||||
16 | of the Division of Banking of the Department of Financial | ||||||
17 | and Professional Regulation. | ||||||
18 | (n-1) "Director" shall mean the Director of the | ||||||
19 | Division of Banking of the Department of Financial and | ||||||
20 | Professional Regulation, except that, beginning on July | ||||||
21 | 31, 2009 (the effective date of Public Act 96-112), all | ||||||
22 | references in this Act to the Director are deemed, in | ||||||
23 | appropriate contexts, to be the Secretary of Financial and | ||||||
24 | Professional Regulation, or his or her designee, including | ||||||
25 | the Director of the Division of Banking of the Department | ||||||
26 | of Financial and Professional Regulation. |
| |||||||
| |||||||
1 | (o) "Loan brokering", "brokering", or "brokerage | ||||||
2 | service" shall mean the act
of helping to obtain from | ||||||
3 | another entity, for a borrower, a loan secured by
| ||||||
4 | residential real estate situated in Illinois or assisting | ||||||
5 | a borrower in
obtaining a loan secured by residential real | ||||||
6 | estate situated in Illinois in
return for consideration to | ||||||
7 | be paid by either the borrower or the lender
including, | ||||||
8 | but not limited to, contracting for the delivery of | ||||||
9 | residential
mortgage loans to a third party lender and | ||||||
10 | soliciting, processing, placing,
or negotiating | ||||||
11 | residential mortgage loans. | ||||||
12 | (p) "Loan broker" or "broker" shall mean a person, | ||||||
13 | partnership,
association, corporation, or limited | ||||||
14 | liability company, other than
those persons, partnerships,
| ||||||
15 | associations, corporations, or limited liability companies | ||||||
16 | exempted
from licensing pursuant to Section
1-4, | ||||||
17 | subsection (d), of this Act, who performs the activities | ||||||
18 | described
in subsections (c), (o), and (yy) of this | ||||||
19 | Section. | ||||||
20 | (q) "Servicing" shall mean the collection or | ||||||
21 | remittance for or the
right or obligation to collect or | ||||||
22 | remit for any lender, noteowner,
noteholder, or for a | ||||||
23 | licensee's own account, of payments, interests,
principal, | ||||||
24 | and trust items such as hazard insurance and taxes on a
| ||||||
25 | residential mortgage loan in accordance with the terms of | ||||||
26 | the residential
mortgage loan; and includes loan payment |
| |||||||
| |||||||
1 | follow-up, delinquency loan
follow-up, loan analysis and | ||||||
2 | any notifications to the borrower that are
necessary to | ||||||
3 | enable the borrower to keep the loan current and in good | ||||||
4 | standing. "Servicing" includes management of third-party | ||||||
5 | entities acting on behalf of a residential mortgage | ||||||
6 | licensee for the collection of delinquent payments and the | ||||||
7 | use by such third-party entities of said licensee's | ||||||
8 | servicing records or information, including their use in | ||||||
9 | foreclosure. | ||||||
10 | (r) "Full service office" shall mean an office, | ||||||
11 | provided by the licensee and not subleased from the | ||||||
12 | licensee's employees, and staff in Illinois
reasonably | ||||||
13 | adequate to handle efficiently communications, questions, | ||||||
14 | and
other matters relating to any application for, or an | ||||||
15 | existing home mortgage
secured by residential real estate | ||||||
16 | situated in Illinois
with respect to which the licensee is | ||||||
17 | brokering, funding originating,
purchasing, or servicing. | ||||||
18 | The management and operation of each full service
office | ||||||
19 | must include observance of good business practices such as | ||||||
20 | proper signage; adequate,
organized, and accurate books | ||||||
21 | and records; ample phone lines, hours of
business, staff | ||||||
22 | training and supervision, and provision for a mechanism to
| ||||||
23 | resolve consumer inquiries, complaints, and problems. The | ||||||
24 | Commissioner
shall issue regulations with regard to these | ||||||
25 | requirements and shall include
an evaluation of compliance | ||||||
26 | with this Section in his or her periodic
examination of |
| |||||||
| |||||||
1 | each licensee. | ||||||
2 | (s) "Purchasing" shall mean the purchase of | ||||||
3 | conventional or
government-insured mortgage loans secured | ||||||
4 | by residential real estate
situated in Illinois from | ||||||
5 | either the lender or from the secondary market. | ||||||
6 | (t) "Borrower" shall mean the person or persons who | ||||||
7 | seek the services of
a loan broker, originator, or lender. | ||||||
8 | (u) "Originating" shall mean the issuing of | ||||||
9 | commitments for and funding of
residential mortgage loans. | ||||||
10 | (v) "Loan brokerage agreement" shall mean a written | ||||||
11 | agreement in which a
broker or loan broker agrees to do | ||||||
12 | either of the following: | ||||||
13 | (1) obtain a residential mortgage loan for the | ||||||
14 | borrower or assist the
borrower in obtaining a | ||||||
15 | residential mortgage loan; or | ||||||
16 | (2) consider making a residential mortgage loan to | ||||||
17 | the borrower. | ||||||
18 | (w) "Advertisement" shall mean the attempt by | ||||||
19 | publication,
dissemination, or circulation to induce, | ||||||
20 | directly or indirectly,
any person to enter into a | ||||||
21 | residential mortgage loan agreement or
residential | ||||||
22 | mortgage loan brokerage agreement relative to a
mortgage | ||||||
23 | secured by residential real estate situated in Illinois. | ||||||
24 | (x) (Blank). | ||||||
25 | (y) "Government-insured mortgage loan" shall mean any | ||||||
26 | mortgage loan made
on the security of residential real |
| |||||||
| |||||||
1 | estate insured by the Department of
Housing and Urban | ||||||
2 | Development or Farmers Home Loan Administration, or
| ||||||
3 | guaranteed by the Veterans Administration. | ||||||
4 | (z) "Annual audit" shall mean a certified audit of the | ||||||
5 | licensee's books and
records and systems of internal | ||||||
6 | control performed by a certified public
accountant in | ||||||
7 | accordance with generally accepted accounting principles
| ||||||
8 | and generally accepted auditing standards. | ||||||
9 | (aa) "Financial institution" shall mean a savings and | ||||||
10 | loan
association, savings bank, credit union, or a bank | ||||||
11 | organized under the
laws of Illinois or a savings and loan | ||||||
12 | association, savings bank,
credit union or a bank | ||||||
13 | organized under the laws of the United States and
| ||||||
14 | headquartered in Illinois. | ||||||
15 | (bb) "Escrow agent" shall mean a third party, | ||||||
16 | individual or entity
charged with the fiduciary obligation | ||||||
17 | for holding escrow funds on a
residential mortgage loan | ||||||
18 | pending final payout of those funds
in accordance with the | ||||||
19 | terms of the residential mortgage loan. | ||||||
20 | (cc) "Net worth" shall have the meaning ascribed | ||||||
21 | thereto in Section 3-5
of this Act. | ||||||
22 | (dd) "Affiliate" shall mean: | ||||||
23 | (1) any entity that directly controls or is | ||||||
24 | controlled by the licensee
and any other company that | ||||||
25 | is directly affecting activities regulated by
this Act | ||||||
26 | that is controlled by the company that controls the |
| |||||||
| |||||||
1 | licensee; | ||||||
2 | (2) any entity: | ||||||
3 | (A) that is controlled, directly or | ||||||
4 | indirectly, by a trust or otherwise,
by or for the | ||||||
5 | benefit of shareholders who beneficially or | ||||||
6 | otherwise
control, directly or indirectly, by | ||||||
7 | trust or otherwise, the licensee or any
company | ||||||
8 | that controls the licensee; or | ||||||
9 | (B) a majority of the directors or trustees of | ||||||
10 | which constitute a
majority of the persons holding | ||||||
11 | any such office with the licensee or any
company | ||||||
12 | that controls the licensee; | ||||||
13 | (3) any company, including a real estate | ||||||
14 | investment trust, that is
sponsored and advised on a | ||||||
15 | contractual basis by the licensee or any
subsidiary or | ||||||
16 | affiliate of the licensee. | ||||||
17 | (ee) "First tier subsidiary" shall be defined by | ||||||
18 | regulation
incorporating the comparable definitions used | ||||||
19 | by the Office of the
Comptroller of the Currency and the | ||||||
20 | Illinois Commissioner of Banks
and Real Estate. | ||||||
21 | (ff) "Gross delinquency rate" means the quotient | ||||||
22 | determined by dividing
(1) the sum of (i) the number of | ||||||
23 | government-insured residential mortgage loans
funded or | ||||||
24 | purchased by a licensee in the preceding calendar year | ||||||
25 | that are
delinquent and (ii) the number of conventional | ||||||
26 | residential mortgage loans
funded or purchased by the |
| |||||||
| |||||||
1 | licensee in the preceding calendar year that are
| ||||||
2 | delinquent by (2) the sum of (i) the number of | ||||||
3 | government-insured residential
mortgage loans funded or | ||||||
4 | purchased by the licensee in the preceding calendar
year | ||||||
5 | and (ii) the number of conventional residential mortgage | ||||||
6 | loans funded or
purchased by the licensee in the preceding | ||||||
7 | calendar year. | ||||||
8 | (gg) "Delinquency rate factor" means the factor set by | ||||||
9 | rule of the
Commissioner that is multiplied by the average | ||||||
10 | gross delinquency rate of
licensees, determined annually | ||||||
11 | for the immediately preceding calendar year, for
the | ||||||
12 | purpose of determining which licensees shall be examined | ||||||
13 | by the
Commissioner pursuant to subsection (b) of Section | ||||||
14 | 4-8 of this Act. | ||||||
15 | (hh) (Blank). | ||||||
16 | (ii) "Confidential supervisory information" means any | ||||||
17 | report of examination, visitation, or investigation | ||||||
18 | prepared by the Commissioner under this Act, any report of | ||||||
19 | examination visitation, or investigation prepared by the | ||||||
20 | state regulatory authority of another state that examines | ||||||
21 | a licensee, any document or record prepared or obtained in | ||||||
22 | connection with or relating to any examination, | ||||||
23 | visitation, or investigation, and any record prepared or | ||||||
24 | obtained by the Commissioner to the extent that the record | ||||||
25 | summarizes or contains information derived from any | ||||||
26 | report, document, or record described in this subsection. |
| |||||||
| |||||||
1 | "Confidential supervisory information" does not include | ||||||
2 | any information or record routinely prepared by a licensee | ||||||
3 | and maintained in the ordinary course of business or any | ||||||
4 | information or record that is required to be made publicly | ||||||
5 | available pursuant to State or federal law or rule.
| ||||||
6 | (jj) "Mortgage loan originator" means an individual | ||||||
7 | who for compensation or gain or in the expectation of | ||||||
8 | compensation or gain: | ||||||
9 | (i) takes a residential mortgage loan application; | ||||||
10 | or | ||||||
11 | (ii) offers or negotiates terms of a residential | ||||||
12 | mortgage loan. | ||||||
13 | "Mortgage loan originator" includes an individual | ||||||
14 | engaged in loan modification activities as defined in | ||||||
15 | subsection (yy) of this Section. A mortgage loan | ||||||
16 | originator engaged in loan modification activities shall | ||||||
17 | report those activities to the Department of Financial and | ||||||
18 | Professional Regulation in the manner provided by the | ||||||
19 | Department; however, the Department shall not impose a fee | ||||||
20 | for reporting, nor require any additional qualifications | ||||||
21 | to engage in those activities beyond those provided | ||||||
22 | pursuant to this Act for mortgage loan originators. | ||||||
23 | "Mortgage loan originator" does not include an | ||||||
24 | individual engaged solely as a loan processor or | ||||||
25 | underwriter except as otherwise provided in subsection (d) | ||||||
26 | of Section 7-1A of this Act. |
| |||||||
| |||||||
1 | "Mortgage loan originator" does not include a person | ||||||
2 | or entity that only performs real estate brokerage | ||||||
3 | activities and is licensed in accordance with the Real | ||||||
4 | Estate License Act of 2000, unless the person or entity is | ||||||
5 | compensated by a lender, a mortgage broker, or other | ||||||
6 | mortgage loan originator, or by any agent of that lender, | ||||||
7 | mortgage broker, or other mortgage loan originator. | ||||||
8 | "Mortgage loan originator" does not include a person | ||||||
9 | or entity solely involved in extensions of credit relating | ||||||
10 | to timeshare plans, as that term is defined in Section | ||||||
11 | 101(53D) of Title 11, United States Code. | ||||||
12 | (kk) "Depository institution" has the same meaning as | ||||||
13 | in Section 3 of the Federal Deposit Insurance Act, and | ||||||
14 | includes any credit union. | ||||||
15 | (ll) "Dwelling" means a residential structure or | ||||||
16 | mobile home which contains one to 4 family housing units, | ||||||
17 | or individual units of condominiums or cooperatives. | ||||||
18 | (mm) "Immediate family member" means a spouse, child, | ||||||
19 | sibling, parent, grandparent, or grandchild, and includes | ||||||
20 | step-parents, step-children, step-siblings, or adoptive | ||||||
21 | relationships. | ||||||
22 | (nn) "Individual" means a natural person. | ||||||
23 | (oo) "Loan processor or underwriter" means an | ||||||
24 | individual who performs clerical or support duties as an | ||||||
25 | employee at the direction of and subject to the | ||||||
26 | supervision and instruction of a person licensed, or |
| |||||||
| |||||||
1 | exempt from licensing, under this Act. "Clerical or | ||||||
2 | support duties" includes subsequent to the receipt of an | ||||||
3 | application: | ||||||
4 | (i) the receipt, collection, distribution, and | ||||||
5 | analysis of information common for the processing or | ||||||
6 | underwriting of a residential mortgage loan; and | ||||||
7 | (ii) communicating with a consumer to obtain the | ||||||
8 | information necessary for the processing or | ||||||
9 | underwriting of a loan, to the extent that the | ||||||
10 | communication does not include offering or negotiating | ||||||
11 | loan rates or terms, or counseling consumers about | ||||||
12 | residential mortgage loan rates or terms. An | ||||||
13 | individual engaging solely in loan processor or | ||||||
14 | underwriter activities shall not represent to the | ||||||
15 | public, through advertising or other means of | ||||||
16 | communicating or providing information, including the | ||||||
17 | use of business cards, stationery, brochures, signs, | ||||||
18 | rate lists, or other promotional items, that the | ||||||
19 | individual can or will perform any of the activities | ||||||
20 | of a mortgage loan originator. | ||||||
21 | (pp) "Nationwide Multistate Licensing System and | ||||||
22 | Registry" means a mortgage licensing system developed and | ||||||
23 | maintained by the Conference of State Bank Supervisors and | ||||||
24 | the American Association of Residential Mortgage | ||||||
25 | Regulators for the licensing and registration of licensed | ||||||
26 | mortgage loan originators. |
| |||||||
| |||||||
1 | (qq) "Nontraditional mortgage product" means any | ||||||
2 | mortgage product other than a 30-year fixed rate mortgage. | ||||||
3 | (rr) "Person" means a natural person, corporation, | ||||||
4 | company, limited liability company, partnership, or | ||||||
5 | association. | ||||||
6 | (ss) "Real estate brokerage activity" means any | ||||||
7 | activity that involves offering or providing real estate | ||||||
8 | brokerage services to the public, including: | ||||||
9 | (1) acting as a real estate agent or real estate | ||||||
10 | broker for a buyer, seller, lessor, or lessee of real | ||||||
11 | property; | ||||||
12 | (2) bringing together parties interested in the | ||||||
13 | sale, purchase, lease, rental, or exchange of real | ||||||
14 | property; | ||||||
15 | (3) negotiating, on behalf of any party, any | ||||||
16 | portion of a contract relating to the sale, purchase, | ||||||
17 | lease, rental, or exchange of real property, other | ||||||
18 | than in connection with providing financing with | ||||||
19 | respect to any such transaction; | ||||||
20 | (4) engaging in any activity for which a person | ||||||
21 | engaged in the activity is required to be registered | ||||||
22 | or licensed as a real estate agent or real estate | ||||||
23 | broker under any applicable law; or | ||||||
24 | (5) offering to engage in any activity, or act in | ||||||
25 | any capacity, described in this subsection (ss). | ||||||
26 | (tt) "Registered mortgage loan originator" means any |
| |||||||
| |||||||
1 | individual that: | ||||||
2 | (1) meets the definition of mortgage loan | ||||||
3 | originator and is an employee of: | ||||||
4 | (A) a depository institution; | ||||||
5 | (B) a subsidiary that is: | ||||||
6 | (i) owned and controlled by a depository | ||||||
7 | institution; and | ||||||
8 | (ii) regulated by a federal banking | ||||||
9 | agency; or | ||||||
10 | (C) an institution regulated by the Farm | ||||||
11 | Credit Administration; and | ||||||
12 | (2) is registered with, and maintains a unique | ||||||
13 | identifier through, the Nationwide Multistate | ||||||
14 | Licensing System and Registry. | ||||||
15 | (uu) "Unique identifier" means a number or other | ||||||
16 | identifier assigned by protocols established by the | ||||||
17 | Nationwide Multistate Licensing System and Registry. | ||||||
18 | (vv) "Residential mortgage license" means a license | ||||||
19 | issued pursuant to Section 1-3, 2-2, or 2-6 of this Act. | ||||||
20 | (ww) "Mortgage loan originator license" means a | ||||||
21 | license issued pursuant to Section 7-1A, 7-3, or 7-6 of | ||||||
22 | this Act. | ||||||
23 | (xx) "Secretary" means the Secretary of the Department | ||||||
24 | of Financial and Professional Regulation, or a person | ||||||
25 | authorized by the Secretary or by this Act to act in the | ||||||
26 | Secretary's stead. |
| |||||||
| |||||||
1 | (yy) "Loan modification" means, for compensation or | ||||||
2 | gain, either directly or indirectly offering or | ||||||
3 | negotiating on behalf of a borrower or homeowner to adjust | ||||||
4 | the terms of a residential mortgage loan in a manner not | ||||||
5 | provided for in the original or previously modified | ||||||
6 | mortgage loan. | ||||||
7 | (zz) "Short sale facilitation" means, for compensation | ||||||
8 | or gain, either directly or indirectly offering or | ||||||
9 | negotiating on behalf of a borrower or homeowner to | ||||||
10 | facilitate the sale of residential real estate subject to | ||||||
11 | one or more residential mortgage loans or debts | ||||||
12 | constituting liens on the property in which the proceeds | ||||||
13 | from selling the residential real estate will fall short | ||||||
14 | of the amount owed and the lien holders are contacted to | ||||||
15 | agree to release their lien on the residential real estate | ||||||
16 | and accept less than the full amount owed on the debt. | ||||||
17 | (aaa) "Bona fide nonprofit organization" means an | ||||||
18 | organization that is described in Section 501(c)(3) of the | ||||||
19 | Internal Revenue Code, is exempt from federal income tax | ||||||
20 | under Section 501(a) of the Internal Revenue Code, does | ||||||
21 | not operate in a commercial context, and does all of the | ||||||
22 | following: | ||||||
23 | (1) Promotes affordable housing or provides home | ||||||
24 | ownership education or similar services. | ||||||
25 | (2) Conducts its activities in a manner that | ||||||
26 | serves public or charitable purposes. |
| |||||||
| |||||||
1 | (3) Receives funding and revenue and charges fees | ||||||
2 | in a manner that does not create an incentive for | ||||||
3 | itself or its employees to act other than in the best | ||||||
4 | interests of its clients. | ||||||
5 | (4) Compensates its employees in a manner that | ||||||
6 | does not create an incentive for its employees to act | ||||||
7 | other than in the best interests of its clients. | ||||||
8 | (5) Provides to, or identifies for, the borrower | ||||||
9 | residential mortgage loans with terms favorable to the | ||||||
10 | borrower and comparable to residential mortgage loans | ||||||
11 | and housing assistance provided under government | ||||||
12 | housing assistance programs. | ||||||
13 | The Commissioner may define by rule and regulation any | ||||||
14 | terms used
in this Act for the efficient and clear | ||||||
15 | administration of this Act. | ||||||
16 | (Source: P.A. 100-783, eff. 8-10-18; 100-851, eff. 8-14-18; | ||||||
17 | 100-1153, eff. 12-19-18; 101-81, eff. 7-12-19.) | ||||||
18 | Section 90. The Illinois Insurance Code is amended by | ||||||
19 | changing Sections 2, 35A-5, 37, and 58 and the heading of | ||||||
20 | Article III.5 and Sections 60a, 60b, 60c, 60d, 60e, 60f, 60g, | ||||||
21 | 60h, 60i, 60j, 63, 86, 87, 88, 103, 104, and 105 and the | ||||||
22 | heading of Article VI and Sections 108, 109, 110, 111, 112, | ||||||
23 | 113, 113.1, 114, 115, 116, 117, 118, 119, 120, 123, 123.1, | ||||||
24 | 123.3, 123C-8, 126.1, 126.12, 126.25, 131.13, 132.3, 133, 136, | ||||||
25 | 141a, 144, 144.1, 146, 148, 154.5, 156, 156.1, 157, 161, 162, |
| |||||||
| |||||||
1 | 163, 164, 166, 169, 170, 173.1, 179A-5, and 179E-5 and the | ||||||
2 | heading of Article XII and Sections 180, 185.1, 188, 188.1, | ||||||
3 | 197, 201, 223, 241, 292.1, 302.1, 308.1, 309.1, 310.1, 357.29, | ||||||
4 | 370, 404, 408, 412, 413, 415, 444, 444.1, 445, 448, 451, | ||||||
5 | 531.09, 531.11, 534.5, 543.1, and 1103 as follows:
| ||||||
6 | (215 ILCS 5/2) (from Ch. 73, par. 614)
| ||||||
7 | Sec. 2.
General
definitions.
| ||||||
8 | In this Code, unless the context otherwise requires,
| ||||||
9 | (a) "Director" means the Director of Insurance.
| ||||||
10 | (b) "Department" means the Department of Insurance.
| ||||||
11 | (c) "State" or "State of the United States" includes the | ||||||
12 | District of
Columbia and a territory or possession of the | ||||||
13 | United States.
| ||||||
14 | (d) "Country" or "Foreign Country" includes a state, | ||||||
15 | province or
political subdivision thereof.
| ||||||
16 | (e) "Company" means an insurance or surety company and | ||||||
17 | shall be deemed
to include a corporation, company, | ||||||
18 | partnership, association, society,
order, individual or | ||||||
19 | aggregation of individuals engaging in or proposing or
| ||||||
20 | attempting to engage in any kind of insurance or surety | ||||||
21 | business, including
the exchanging of reciprocal or | ||||||
22 | inter-insurance contracts between
individuals, partnerships | ||||||
23 | and corporations.
| ||||||
24 | (f) "Domestic Company" means a company incorporated or | ||||||
25 | organized under
the laws of this State.
|
| |||||||
| |||||||
1 | (g) "Foreign Company" means a company incorporated or | ||||||
2 | organized under
the laws of any state of the United States | ||||||
3 | other than this State.
| ||||||
4 | (h) " Non-domestic Alien Company" means a company | ||||||
5 | incorporated or organized under the
laws of any country other | ||||||
6 | than the United States.
| ||||||
7 | (i) "Mutual Legal Reserve Life Company" means a mutual | ||||||
8 | life company
issuing contracts without contingent liability on | ||||||
9 | the policyholder.
| ||||||
10 | (j) "Assessment Legal Reserve Life Company" means a life | ||||||
11 | company issuing
contracts providing for contingent liability | ||||||
12 | on the policyholder.
| ||||||
13 | (k) "Reciprocal" includes Inter-Insurance Exchange.
| ||||||
14 | (l) "Person" includes an individual, aggregation of | ||||||
15 | individuals,
corporation, association and partnership.
| ||||||
16 | (m) Personal pronouns include all genders, the singular | ||||||
17 | includes the
plural and the plural includes the singular.
| ||||||
18 | (n) "Policy" means an insurance policy or contract and | ||||||
19 | includes
certificates of fraternal benefit societies, | ||||||
20 | assessment companies, mutual
benefit associations, and burial | ||||||
21 | societies.
| ||||||
22 | (o) "Policyholder" means a holder of an insurance policy | ||||||
23 | or contract and
includes holders of certificates of fraternal | ||||||
24 | benefit societies, assessment
companies, mutual benefit | ||||||
25 | associations, and burial societies.
| ||||||
26 | (p) "Articles of Incorporation" means the basic instrument |
| |||||||
| |||||||
1 | of an
incorporated company and all amendments thereto and | ||||||
2 | includes "Charter,"
"Articles of Organization," "Articles of | ||||||
3 | Reorganization," "Articles of
Association," and "Deed of | ||||||
4 | Settlement."
| ||||||
5 | (q) "Officer" when used to refer to an officer of a company | ||||||
6 | includes an
attorney-in-fact for a reciprocal or Lloyds.
| ||||||
7 | (Source: Laws 1937, p. 696.)
| ||||||
8 | (215 ILCS 5/35A-5)
| ||||||
9 | Sec. 35A-5. Definitions. As used in this Article, the | ||||||
10 | terms listed in
this Section have the meaning given herein.
| ||||||
11 | "Adjusted RBC Report" means an RBC Report that has been | ||||||
12 | adjusted by the
Director in accordance with subsection (f) of | ||||||
13 | Section 35A-10.
| ||||||
14 | "Authorized control level RBC" means the number determined | ||||||
15 | under the
risk-based capital formula in accordance with the | ||||||
16 | RBC Instructions.
| ||||||
17 | "Company action level RBC" means the product of 2.0 and | ||||||
18 | the insurer's
authorized control level RBC.
| ||||||
19 | "Corrective Order" means an order issued by the Director | ||||||
20 | in accordance with
Article XII 1/2 specifying
corrective | ||||||
21 | actions that the Director determines are required.
| ||||||
22 | "Domestic insurer" means any insurance company domiciled | ||||||
23 | in this State
under Article II, Article III, Article III 1/2, | ||||||
24 | or Article IV
or a health organization as defined by this | ||||||
25 | Article, except this shall
include only those health |
| |||||||
| |||||||
1 | maintenance organizations that are "domestic
companies" in | ||||||
2 | accordance with Section 5-3 of the Health Maintenance
| ||||||
3 | Organization Act and only those limited health service | ||||||
4 | organizations that are
"domestic companies" in accordance with | ||||||
5 | Section 4003 of the Limited Health
Service Organization Act.
| ||||||
6 | "Fraternal benefit society" means any insurance company | ||||||
7 | licensed under Article XVII of this Code. | ||||||
8 | "Foreign insurer" means any foreign or non-domestic alien | ||||||
9 | insurance company licensed
under Article VI
that is not | ||||||
10 | domiciled in this State
and any health maintenance | ||||||
11 | organization that is not a "domestic company" in
accordance | ||||||
12 | with Section 5-3 of the Health Maintenance Organization Act | ||||||
13 | and any
limited health service organization that is not a | ||||||
14 | "domestic company" in
accordance with Section 4003 of the | ||||||
15 | Limited Health Service Organization Act.
| ||||||
16 | "Health organization" means an entity operating under a | ||||||
17 | certificate of
authority issued pursuant to the
Health | ||||||
18 | Maintenance Organization Act, the Dental Service Plan Act, the | ||||||
19 | Limited
Health Service Organization Act, or the Voluntary | ||||||
20 | Health Services Plans Act,
unless the entity is otherwise | ||||||
21 | defined as a "life, health, or life and health
insurer" | ||||||
22 | pursuant to this Act.
| ||||||
23 | "Life, health, or life and health insurer" means an | ||||||
24 | insurance company
that has authority to transact the kinds of
| ||||||
25 | insurance described in either or both clause (a) or clause (b) | ||||||
26 | of Class 1 of
Section 4 or a licensed property and casualty |
| |||||||
| |||||||
1 | insurer writing only accident and
health insurance.
| ||||||
2 | "Mandatory control level RBC" means the product of 0.70 | ||||||
3 | and the insurer's
authorized control level RBC.
| ||||||
4 | "NAIC" means the National Association of Insurance | ||||||
5 | Commissioners.
| ||||||
6 | "Negative trend" means, with respect to a life, health, or | ||||||
7 | life and
health
insurer or a fraternal benefit society, a | ||||||
8 | negative trend over a period of time, as determined
in | ||||||
9 | accordance with the trend test calculation included in the | ||||||
10 | Life or Fraternal RBC Instructions.
| ||||||
11 | "Property and casualty insurer" means an insurance company
| ||||||
12 | that has authority to transact the kinds of insurance in
| ||||||
13 | either or both Class 2 or Class 3 of Section 4 or a licensed | ||||||
14 | insurer writing
only insurance authorized under clause (c) of
| ||||||
15 | Class 1, but does not include monoline
mortgage guaranty | ||||||
16 | insurers, financial guaranty insurers, and title insurers.
| ||||||
17 | "RBC" means risk-based capital.
| ||||||
18 | "RBC Instructions" means the RBC Report including | ||||||
19 | risk-based capital
instructions adopted by the NAIC as those | ||||||
20 | instructions may be amended by the
NAIC from time to time in | ||||||
21 | accordance with the procedures adopted by the NAIC.
| ||||||
22 | "RBC level" means an insurer's company action level RBC, | ||||||
23 | regulatory action
level RBC, authorized control level RBC, or | ||||||
24 | mandatory control level RBC.
| ||||||
25 | "RBC Plan" means a comprehensive financial plan containing | ||||||
26 | the elements
specified in subsection (b) of Section 35A-15.
|
| |||||||
| |||||||
1 | "RBC Report" means the risk-based capital report required | ||||||
2 | under Section
35A-10.
| ||||||
3 | "Receivership" means conservation, rehabilitation, or | ||||||
4 | liquidation under
Article XIII.
| ||||||
5 | "Regulatory action level RBC" means the product of 1.5 and | ||||||
6 | the insurer's
authorized control level RBC.
| ||||||
7 | "Revised RBC Plan" means an RBC Plan rejected by the | ||||||
8 | Director and revised by
the insurer with or without the | ||||||
9 | Director's recommendations.
| ||||||
10 | "Total adjusted capital" means the sum of (1) an insurer's | ||||||
11 | statutory capital
and surplus and (2) any other items that the | ||||||
12 | RBC Instructions may provide.
| ||||||
13 | (Source: P.A. 98-157, eff. 8-2-13.)
| ||||||
14 | (215 ILCS 5/37) (from Ch. 73, par. 649)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
16 | Sec. 37. Name. The corporate name of any company organized | ||||||
17 | under this Article shall
contain the word "Mutual" and shall | ||||||
18 | not be the same as, or deceptively
similar to, the name of any | ||||||
19 | domestic company, or of any foreign or non-domestic alien
| ||||||
20 | company authorized to transact business in this State.
| ||||||
21 | (Source: Laws 1937, p. 696 .)
| ||||||
22 | (215 ILCS 5/58) (from Ch. 73, par. 670)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
24 | Sec. 58. Governmental agencies and corporations may be |
| |||||||
| |||||||
1 | members. Any government or governmental agency, state or | ||||||
2 | political subdivision
thereof, public or private corporation, | ||||||
3 | board, association, estate, trustee
or fiduciary in this State | ||||||
4 | or elsewhere, may make application, enter into
agreements for | ||||||
5 | and hold policies or contracts in or with, and be a member
of, | ||||||
6 | any domestic, foreign or non-domestic alien mutual company | ||||||
7 | subject to the provisions
of this Code. Any officer, | ||||||
8 | representative, trustee, receiver or legal
representative of | ||||||
9 | any such member or policyholder, shall be recognized as
acting | ||||||
10 | for or on its behalf for the purpose of such contract or | ||||||
11 | membership,
but shall not be personally liable upon such | ||||||
12 | contract by reason of acting
in such representative capacity.
| ||||||
13 | (Source: Laws 1937, p. 696 .)
| ||||||
14 | (215 ILCS 5/Art. III.5 heading) | ||||||
15 | ARTICLE III 1/2. NON-DOMESTIC ALIEN COMPANIES
| ||||||
16 | (215 ILCS 5/60a) (from Ch. 73, par. 672a)
| ||||||
17 | Sec. 60a. Non-domestic Alien companies; Illinois State of | ||||||
18 | entry.
| ||||||
19 | (1) A non-domestic An alien
company may use Illinois as a | ||||||
20 | state of entry to transact insurance in the
United States by | ||||||
21 | obtaining a certificate of authority pursuant to Section
111 | ||||||
22 | and maintaining in this State a deposit of assets in trust in
| ||||||
23 | accordance with the provisions of Section 60b.
| ||||||
24 | (2) A United States branch of a non-domestic an alien |
| |||||||
| |||||||
1 | company that uses Illinois as a
state of entry to transact | ||||||
2 | insurance in the United States shall be
considered a domestic | ||||||
3 | company, and as such shall be subject to all
applicable | ||||||
4 | provisions of this Code.
Transactions between the United | ||||||
5 | States branch and the home office of a non-domestic an
alien | ||||||
6 | company shall not be subject to the provisions of Section | ||||||
7 | 131.20 and
subsection (1) of Section 131.20a, but remittances | ||||||
8 | of profits of the United
States branch to the home office of a | ||||||
9 | non-domestic an alien company shall be considered
dividends | ||||||
10 | subject to the requirements of subsection
(2) of Section | ||||||
11 | 131.20a.
| ||||||
12 | (Source: P.A. 89-97, eff. 7-7-95.)
| ||||||
13 | (215 ILCS 5/60b) (from Ch. 73, par. 672b)
| ||||||
14 | Sec. 60b. Non-domestic Alien companies; Illinois trusteed | ||||||
15 | assets.
| ||||||
16 | (1) A non-domestic An alien company may not use Illinois | ||||||
17 | as a state of entry to transact
insurance in the United States | ||||||
18 | unless it maintains in this State a deposit of
assets in trust | ||||||
19 | for the benefit of policyholders in the United States, which
| ||||||
20 | assets shall be its "Trusteed Assets". The United States | ||||||
21 | branch of a non-domestic an alien
company shall maintain | ||||||
22 | Trusteed Assets at least equal to (a) the sum of (i) its
| ||||||
23 | minimum capital and surplus, and (ii) the amount of its | ||||||
24 | liabilities to
policyholders, net of reinsurance for which | ||||||
25 | credit is allowed pursuant to
Article XI, as reflected in its |
| |||||||
| |||||||
1 | most recent financial statement on file with
the Director, | ||||||
2 | minus (b) the sum of (i) the amount of all of its general state
| ||||||
3 | deposits (including all interest accrued and due and payable
| ||||||
4 | to the holder of the deposit), (ii) the amount of its special | ||||||
5 | state
deposits (including all interest accrued and due and | ||||||
6 | payable to the holder
of the deposit), (iii) the amount of its | ||||||
7 | reinsurance recoverable on paid
losses (where such reinsurance | ||||||
8 | is the type for which credit would be
allowed pursuant to | ||||||
9 | Article XI), (iv) the amounts of its notes and bills
| ||||||
10 | receivable, taken for premiums; (v) with respect to a company | ||||||
11 | authorized to
write the kinds of insurance specified in | ||||||
12 | Classes 2 and 3 of Section 4 of
this Code, the amount of its | ||||||
13 | agents' balances and uncollected premiums; and
(vi) the amount | ||||||
14 | of its funds held by or deposited with reinsureds.
| ||||||
15 | (2) Only those assets that qualify as authorized | ||||||
16 | investments as provided
in Article VIII (and in Sections 131.2 | ||||||
17 | and 131.3) shall be included in a non-domestic an alien
| ||||||
18 | company's Trusteed Assets.
| ||||||
19 | (Source: P.A. 88-45; 89-97, eff. 7-7-95.)
| ||||||
20 | (215 ILCS 5/60c) (from Ch. 73, par. 672c)
| ||||||
21 | Sec. 60c. Requirements and contents of trust agreement. | ||||||
22 | Trust
agreements governing Trusteed Assets required by Section | ||||||
23 | 60b shall satisfy
the following conditions:
| ||||||
24 | (1) Legal title to the Trusteed Assets shall be vested in | ||||||
25 | the trustee or
trustees, and their successors lawfully |
| |||||||
| |||||||
1 | appointed, in trust for the benefit
and security of | ||||||
2 | policyholders of the non-domestic alien company in the United | ||||||
3 | States.
| ||||||
4 | (2) The agreement shall provide for substitution of a new | ||||||
5 | trustee or
trustees, subject to the Director's approval.
| ||||||
6 | (3) All Trusteed Assets shall at all times be maintained | ||||||
7 | as a trust fund
separate and distinct from all other assets.
| ||||||
8 | (4) The trustee or trustees shall maintain a record at all | ||||||
9 | times
sufficient to identify the assets of the trust.
| ||||||
10 | (5) Withdrawal of or from the Trusteed Assets shall be | ||||||
11 | made only as
provided in Section 60d.
| ||||||
12 | (Source: P.A. 85-1373.)
| ||||||
13 | (215 ILCS 5/60d) (from Ch. 73, par. 672d)
| ||||||
14 | Sec. 60d. Withdrawal of Trusteed Assets. (1) The trust | ||||||
15 | agreement
shall provide that no withdrawals of Trusteed Assets | ||||||
16 | shall be made by the non-domestic
alien company or permitted | ||||||
17 | by the trustee or trustees without the prior
approval of the | ||||||
18 | Director, except as follows:
| ||||||
19 | (a) Any or all income, earnings, dividends, or interest | ||||||
20 | accumulations of
the Trusteed Assets may be paid over to the | ||||||
21 | United States branch of the non-domestic
alien company upon | ||||||
22 | request of the company or its manager, provided that no
| ||||||
23 | withdrawal shall be made that reduces the Trusteed Assets | ||||||
24 | below the amount
required by Section 60b.
| ||||||
25 | (b) For the purpose of substituting other assets |
| |||||||
| |||||||
1 | authorized for
investment by Article VIII and at least equal | ||||||
2 | in value (as reflected in
the most recent financial statement | ||||||
3 | on file with the Director) to those
being withdrawn, if such | ||||||
4 | withdrawal is requested in writing by the non-domestic alien
| ||||||
5 | company's (i) United States manager or (ii) other United | ||||||
6 | States
representative pursuant to general or specific written | ||||||
7 | authority previously
given or delegated by the non-domestic | ||||||
8 | alien company's board of directors or other
similar governing | ||||||
9 | body, and a copy of such authority has been filed with
the | ||||||
10 | trustee or trustees.
| ||||||
11 | (c) For the purpose of making deposits required by law in | ||||||
12 | any state for
the protection of the non-domestic alien | ||||||
13 | company's policyholders in the United States.
The trustee or | ||||||
14 | trustees shall transfer any assets so withdrawn, and in the
| ||||||
15 | amount so required to be deposited in the other state, | ||||||
16 | directly to the
depository required to receive such deposit in | ||||||
17 | such other state.
| ||||||
18 | (d) For the payment of obligations due from the United | ||||||
19 | States branch of
the non-domestic alien company to | ||||||
20 | policyholders in the United States, provided that no
| ||||||
21 | withdrawal shall be made that reduces the Trusteed Assets | ||||||
22 | below the amount
required by Section 60b.
| ||||||
23 | (e) For the purpose of withdrawing any amount of the | ||||||
24 | Trusteed Assets in
excess of the amount required by Section | ||||||
25 | 60b, as determined by the non-domestic alien
company's then | ||||||
26 | most current annual statement on file with the Director.
|
| |||||||
| |||||||
1 | (f) For the purpose of transferring the Trusteed Assets to | ||||||
2 | an appointed
liquidator, conservator, or rehabilitator | ||||||
3 | pursuant to the order of a court
of competent jurisdiction.
| ||||||
4 | (2) If at any time the non-domestic alien company becomes | ||||||
5 | insolvent, or if its
Trusteed Assets are less than required | ||||||
6 | under Section 60b, the Director
shall in writing order the | ||||||
7 | trustee to suspend the right of the non-domestic alien
company | ||||||
8 | or any other person to withdraw assets as otherwise authorized
| ||||||
9 | under paragraphs (a), (b), (c), (d) and (e) of subsection (1); | ||||||
10 | and the
trustee shall comply with such order until otherwise | ||||||
11 | ordered by the Director.
| ||||||
12 | (Source: P.A. 85-1373.)
| ||||||
13 | (215 ILCS 5/60e) (from Ch. 73, par. 672e)
| ||||||
14 | Sec. 60e. Domestication of Non-domestic Alien Company; | ||||||
15 | definitions. As used in
Sections 60e through 60i:
| ||||||
16 | (1) "Domestication" means the reorganization of the United | ||||||
17 | States branch
of a non-domestic an alien company as the result | ||||||
18 | of which a domestic company shall succeed
to all the business | ||||||
19 | and assets and assume all the liabilities of the United
States | ||||||
20 | branch of the non-domestic alien company.
| ||||||
21 | (2) "United States branch" means the business unit through | ||||||
22 | which
business is transacted within the United States by a | ||||||
23 | non-domestic an alien company and the
assets and liabilities | ||||||
24 | of such insurer within the United States pertaining
to such | ||||||
25 | business.
|
| |||||||
| |||||||
1 | (3) "Domestic Company" means a stock or mutual insurer | ||||||
2 | incorporated
under the laws of this State.
| ||||||
3 | (Source: P.A. 85-1373.)
| ||||||
4 | (215 ILCS 5/60f) (from Ch. 73, par. 672f)
| ||||||
5 | Sec. 60f. Domestication procedure. (1) Upon compliance | ||||||
6 | with Sections 60e
through 60i, any non-domestic alien company | ||||||
7 | authorized to do business in this State may,
with the prior | ||||||
8 | written approval of the Director, domesticate its United
| ||||||
9 | States branch by entering into an agreement in writing with a | ||||||
10 | domestic
company providing for the acquisition by the domestic | ||||||
11 | company of all of the
assets and the assumption of all of the | ||||||
12 | liabilities of the United States branch.
| ||||||
13 | (2) The acquisition of assets and assumption of | ||||||
14 | liabilities of the
United States branch by the domestic | ||||||
15 | company shall be effected by filing
with the Director an | ||||||
16 | instrument of transfer and assumption in form
satisfactory to | ||||||
17 | the Director and executed by the non-domestic alien company | ||||||
18 | and the domestic company.
| ||||||
19 | (Source: P.A. 85-1373.)
| ||||||
20 | (215 ILCS 5/60g) (from Ch. 73, par. 672g)
| ||||||
21 | Sec. 60g. Domestication agreement; authorization; | ||||||
22 | execution. (1) The
domestication agreement referred to in | ||||||
23 | Section 60f shall be authorized,
adopted, approved, signed, | ||||||
24 | and acknowledged by the non-domestic alien company in
|
| |||||||
| |||||||
1 | accordance with the laws of the country under which it is | ||||||
2 | organized.
| ||||||
3 | (2) In the case of a domestic company, the domestication | ||||||
4 | agreement shall
be approved, adopted, and authorized by its | ||||||
5 | board of directors and executed
by its president or any vice | ||||||
6 | president and attested by its secretary or
assistant secretary | ||||||
7 | under its corporate seal.
| ||||||
8 | (Source: P.A. 85-1373.)
| ||||||
9 | (215 ILCS 5/60h) (from Ch. 73, par. 672h)
| ||||||
10 | Sec. 60h. Director's approval of domestication agreement. | ||||||
11 | An executed
counterpart of the
domestication agreement, | ||||||
12 | together with certified copies of the corporate
proceedings of | ||||||
13 | the domestic company and the non-domestic alien company, | ||||||
14 | approving,
adopting and authorizing the execution of the | ||||||
15 | domestication agreement,
shall be submitted to the Director | ||||||
16 | for approval. The Director shall
thereupon consider the | ||||||
17 | agreement, and, if the Director finds that the same
is in | ||||||
18 | accordance with the provisions hereof and that the interests | ||||||
19 | of
policyholders of the United States branch of the | ||||||
20 | non-domestic alien insurer and of the
domestic company are not | ||||||
21 | materially adversely affected, the Director shall
approve the | ||||||
22 | domestication agreement and authorize the consummation thereof
| ||||||
23 | in compliance with the provisions of Section 60i. The Director | ||||||
24 | shall
approve or disapprove the domestication agreement within | ||||||
25 | 60 days
after it is submitted to the Director.
|
| |||||||
| |||||||
1 | (Source: P.A. 85-1373.)
| ||||||
2 | (215 ILCS 5/60i) (from Ch. 73, par. 672i)
| ||||||
3 | Sec. 60i.
Consummation of domestication; transfer of | ||||||
4 | assets and
deposits. (1) Upon the filing with the Director of a | ||||||
5 | certified copy of
the instrument of transfer and assumption | ||||||
6 | pursuant to which a domestic
company succeeds to the business | ||||||
7 | and assets of the United States branch of a non-domestic
an | ||||||
8 | alien company and assumes all its liabilities, the | ||||||
9 | domestication of the
United States branch shall be deemed to | ||||||
10 | be effective; and thereupon all the
rights, franchises, and | ||||||
11 | interests of the United States branch in and to
every species | ||||||
12 | of property, real, personal, and mixed, and things in actions
| ||||||
13 | thereunder belonging shall be deemed as transferred to and | ||||||
14 | vested in the
domestic company, and simultaneously therewith | ||||||
15 | the domestic company shall
be deemed to have assumed all of the | ||||||
16 | liabilities of the United States
branch. The domestic company | ||||||
17 | shall be considered as having the age as the
oldest of the 2 | ||||||
18 | parties to the domestication agreement for purposes of
| ||||||
19 | complying with the requirements of laws relating to age of | ||||||
20 | company.
| ||||||
21 | (2) All deposits of the United States branch held by the | ||||||
22 | Director, or by
state officers or other state regulatory | ||||||
23 | agencies pursuant to requirements
of state laws, shall be | ||||||
24 | deemed to be held as security for the satisfaction
by the | ||||||
25 | domestic company of all liabilities to policyholders within |
| |||||||
| |||||||
1 | the
United States assumed from the United States branch; and | ||||||
2 | such deposits
shall be deemed to be assets of the domestic | ||||||
3 | company and shall be reported
as such in the annual financial | ||||||
4 | statements and other reports which the
domestic company may be | ||||||
5 | required to file. Upon the ultimate release by any
such state | ||||||
6 | officer or agency of any such deposits, the securities and | ||||||
7 | cash
constituting such released deposit shall be delivered and | ||||||
8 | paid over to the
domestic company as the lawful successor in | ||||||
9 | interest to the United States branch.
| ||||||
10 | (3) Contemporaneously with the consummation of the | ||||||
11 | domestication of the
United States branch, the Director shall | ||||||
12 | direct the trustee, if any, of the
U. S. branch's Trusteed | ||||||
13 | Assets to transfer and deliver to the domestic
company all | ||||||
14 | assets, if any, held by such trustee.
| ||||||
15 | (Source: P.A. 85-1373.)
| ||||||
16 | (215 ILCS 5/60j) (from Ch. 73, par. 672j)
| ||||||
17 | Sec. 60j. Trustees of non-domestic alien companies. (1) | ||||||
18 | The directors of a non-domestic an alien
company may appoint | ||||||
19 | citizens or
corporations of the United States as its trustees | ||||||
20 | to hold funds and assets
in trust for the benefit of the | ||||||
21 | policyholders and creditors of the company
in the United | ||||||
22 | States. A certified copy of the record of such appointment
and | ||||||
23 | of the deed of trust, approved by the Director, shall be filed | ||||||
24 | with
him.
| ||||||
25 | (2) The Director may examine such trustee and any officers |
| |||||||
| |||||||
1 | and agents,
books and papers thereof, with respect to the | ||||||
2 | affairs of such non-domestic alien company
in the same manner | ||||||
3 | as he may examine officers, agents, books, papers and
affairs | ||||||
4 | of companies.
| ||||||
5 | (3) The funds and assets so held by such trustees shall, | ||||||
6 | with the
deposits otherwise made by the United States branch | ||||||
7 | of the non-domestic alien company in the
United States | ||||||
8 | together with
loans in connection with its policies to | ||||||
9 | policyholders,
and all other funds and assets held by the | ||||||
10 | United States branch of the non-domestic
alien company in the | ||||||
11 | United States,
constitute
the assets of the company for the | ||||||
12 | purpose of making its financial
statements required by this | ||||||
13 | Code. For purposes of making financial
statements required by | ||||||
14 | this Code, the liabilities of a non-domestic an alien company | ||||||
15 | shall
be limited to only those liabilities incurred in | ||||||
16 | connection with its United
States business.
| ||||||
17 | (4) In applying the risk limitations as provided in | ||||||
18 | Section 144 or any
limit on premium volume, the Director shall | ||||||
19 | calculate such limitations
based solely on the non-domestic | ||||||
20 | alien company's assets in the United States that,
pursuant to | ||||||
21 | subsection (3) of this Section, constitute the assets of the
| ||||||
22 | company for purposes of making its financial statements | ||||||
23 | required by this
Code and its surplus as regards policyholders | ||||||
24 | as reflected in the most
recent financial statement on file | ||||||
25 | with the Director.
| ||||||
26 | (Source: P.A. 85-1373.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/63) (from Ch. 73, par. 675)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
3 | Sec. 63. Name. The name or designation under which | ||||||
4 | contracts are to be exchanged shall
include the words | ||||||
5 | "Reciprocal" or "Inter-Insurance Exchange" or be
supplemented | ||||||
6 | by the following words immediately below the name or
| ||||||
7 | designation under which such contracts are exchanged: "A | ||||||
8 | Reciprocal" or "An
Inter-Insurance Exchange." Such name or | ||||||
9 | designation shall not be the same
as or deceptively similar to | ||||||
10 | the name or designation adopted by any other
domestic company | ||||||
11 | or any foreign or non-domestic alien company authorized to | ||||||
12 | transact
business in this State.
| ||||||
13 | (Source: Laws 1937, p. 696 .)
| ||||||
14 | (215 ILCS 5/86) (from Ch. 73, par. 698)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
16 | Sec. 86. Scope of Article.
| ||||||
17 | (1) This Article applies to all groups including
| ||||||
18 | incorporated and
individual unincorporated underwriters | ||||||
19 | transacting an insurance business in
this State through an
| ||||||
20 | attorney-in-fact under the name Lloyds or under a Lloyds plan | ||||||
21 | of operation.
Groups that meet the requirements of subsection | ||||||
22 | (3) are referred to
in this Code as "Lloyds", and incorporated | ||||||
23 | and individual unincorporated
underwriters are referred to as | ||||||
24 | "underwriters".
|
| |||||||
| |||||||
1 | (2) As used in this Code: | ||||||
2 | "Domestic Lloyds" means a Lloyds having its
home office in | ||||||
3 | this State. | ||||||
4 | "Foreign Lloyds" means a Lloyds having its home
office in | ||||||
5 | any state of the United States other than this State. | ||||||
6 | " Non-domestic Alien
Lloyds" means a Lloyds having its home | ||||||
7 | office or principal place of
business in any country other | ||||||
8 | than the United States.
| ||||||
9 | (3) A domestic Lloyds must: (i) be established pursuant to | ||||||
10 | a statute or
written charter; (ii) provide for governance by a | ||||||
11 | board of directors or similar
body; and (iii) establish and | ||||||
12 | monitor standards of solvency of its
underwriters. A foreign | ||||||
13 | or non-domestic alien Lloyds must be subject to requirements | ||||||
14 | of its
state or country of domicile. Those requirements must | ||||||
15 | be substantially similar
to those required
of domestic Lloyds. | ||||||
16 | Domestic, foreign, and non-domestic alien Lloyds shall
not be
| ||||||
17 | subject to Section 144 of this Code.
| ||||||
18 | (4) All foreign and non-domestic alien
entities and | ||||||
19 | individuals transacting an insurance business as domestic,
| ||||||
20 | foreign, or non-domestic alien
Lloyds shall notify the | ||||||
21 | Director and the Secretary of State under the
provisions of | ||||||
22 | this Article, shall be
regulated exclusively by the Director, | ||||||
23 | and shall not be required to obtain a
certificate of authority | ||||||
24 | from the Secretary of State pursuant to any other law
of this | ||||||
25 | State so long as they solely transact business as a domestic, | ||||||
26 | foreign,
or non-domestic alien Lloyds. Upon notification, the |
| |||||||
| |||||||
1 | Secretary of State may require
submission of additional | ||||||
2 | information to determine whether a foreign or non-domestic | ||||||
3 | alien
individual or entity is transacting business solely as a | ||||||
4 | domestic, foreign, or non-domestic
alien Lloyds.
| ||||||
5 | (Source: P.A. 100-863, eff. 8-14-18.)
| ||||||
6 | (215 ILCS 5/87) (from Ch. 73, par. 699)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
8 | Sec. 87. Certificate
of authority. It shall be unlawful | ||||||
9 | for any domestic, foreign or non-domestic alien Lloyds to
| ||||||
10 | transact business in this State unless it has first obtained | ||||||
11 | and has in
force a certificate of authority issued by the | ||||||
12 | Director. All certificates
of authority issued under the | ||||||
13 | provisions of this Article shall terminate on
the thirtieth | ||||||
14 | day of June next following the date of issuance and may be
| ||||||
15 | renewed upon compliance with this Code.
| ||||||
16 | (Source: Laws 1937, p. 696 .)
| ||||||
17 | (215 ILCS 5/88) (from Ch. 73, par. 700)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
19 | Sec. 88. Name. The name of any Lloyds authorized to | ||||||
20 | transact business under this
Article shall not be the same as, | ||||||
21 | or deceptively similar to, the name of
any domestic company or | ||||||
22 | of any foreign or non-domestic alien company authorized to
| ||||||
23 | transact business in this State.
| ||||||
24 | (Source: Laws 1937, p. 696 .)
|
| |||||||
| |||||||
1 | (215 ILCS 5/103) (from Ch. 73, par. 715)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
3 | Sec. 103. Non-domestic Alien
Lloyds. | ||||||
4 | (1) Each non-domestic alien Lloyds authorized to transact | ||||||
5 | business in this State
shall
| ||||||
6 | (a) maintain in this State or any other state of the | ||||||
7 | United States in
which they are authorized to transact | ||||||
8 | business, cash or securities of a
character conformable to | ||||||
9 | the requirements of Article VIII of this Code
for domestic | ||||||
10 | companies at least equal at all times to the minimum of
| ||||||
11 | admitted assets required by this Article for a domestic | ||||||
12 | Lloyds doing the
same kind or kinds of business;
| ||||||
13 | (b) make deposits of underwriters in this State in | ||||||
14 | accordance with the
requirements imposed upon domestic | ||||||
15 | Lloyds;
| ||||||
16 | (c) file with the Director an authenticated copy of | ||||||
17 | its power of
attorney and an authenticated copy of the | ||||||
18 | trust agreement or other
agreement under which deposits | ||||||
19 | made by underwriters in this State are held;
| ||||||
20 | (d) notify the Director forthwith of any amendment to | ||||||
21 | its power of
attorney, deposit agreement or other | ||||||
22 | documents by filing with the Director
an authenticated | ||||||
23 | copy of such document as amended; and
| ||||||
24 | (e) notify the Director forthwith of any change in its | ||||||
25 | name or change of
attorney-in-fact or change of address of |
| |||||||
| |||||||
1 | its attorney-in-fact.
| ||||||
2 | (2) A non-domestic An alien Lloyds shall not establish | ||||||
3 | branches under other or
different names or titles.
| ||||||
4 | (3) There shall be filed with the Director by the
| ||||||
5 | attorney-in-fact for such Lloyds, who or which shall be a | ||||||
6 | resident person or
corporation of this
State, at the time of | ||||||
7 | filing the annual statement, or more often if
required by the | ||||||
8 | Director, a verified statement setting forth
| ||||||
9 | (a) the names and addresses of all underwriters of | ||||||
10 | such Lloyds; and
| ||||||
11 | (b) a description of the cash and securities deposited | ||||||
12 | in trust by each
underwriter.
| ||||||
13 | (4) Additional underwriters may join and be included in | ||||||
14 | any such
Lloyds subject to such conditions and requirements as | ||||||
15 | may from time to time be
imposed by such Lloyds and upon | ||||||
16 | meeting the requirements of this Section,
such additional | ||||||
17 | underwriters who may so join such Lloyds shall be bound by
the | ||||||
18 | documents on file with the Director in the same manner as | ||||||
19 | though they
had personally executed the same and shall have | ||||||
20 | the same rights, powers and
duties as all other underwriters | ||||||
21 | of such Lloyds. The attorney-in-fact
authorized by the | ||||||
22 | underwriters to act for them shall thereafter be the
| ||||||
23 | attorney-in-fact for such additional underwriters to the | ||||||
24 | extent of the
power of attorney or other document or | ||||||
25 | authorization by such underwriters
to the attorney-in-fact.
| ||||||
26 | (Source: P.A. 90-794, eff. 8-14-98 .)
|
| |||||||
| |||||||
1 | (215 ILCS 5/104) (from Ch. 73, par. 716)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
3 | Sec. 104. Policy
forms. Every policy issued in this State | ||||||
4 | by any domestic, foreign or non-domestic alien
Lloyds shall | ||||||
5 | have printed upon its face and back the name of such Lloyds,
| ||||||
6 | the name and address of its attorney-in-fact in this State or | ||||||
7 | agent for
service of process in this State, and in type not | ||||||
8 | smaller than ten point
the words "Not Incorporated."
| ||||||
9 | (Source: Laws 1937, p. 696 .)
| ||||||
10 | (215 ILCS 5/105) (from Ch. 73, par. 717)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
12 | Sec. 105. Director as agent;
service of process. | ||||||
13 | (1) The attorney-in-fact of every Lloyds transacting | ||||||
14 | business in this
State shall file with the Director a duly | ||||||
15 | executed instrument whereby such
Lloyds shall appoint and | ||||||
16 | constitute the Director, his successor or
successors in | ||||||
17 | office, the true and lawful agent of such Lloyds upon whom
all | ||||||
18 | lawful process in any action or legal proceeding against such | ||||||
19 | Lloyds
may be served, and shall agree that any lawful process | ||||||
20 | against such Lloyds
which may be served upon said agent shall | ||||||
21 | be of the same force and validity
as if served upon the | ||||||
22 | attorney-in-fact, and that the authority thereof
shall | ||||||
23 | continue in force irrevocably so long as any liability of such | ||||||
24 | Lloyds
in this State shall remain outstanding.
|
| |||||||
| |||||||
1 | (2) In any suit instituted against any domestic, foreign | ||||||
2 | or non-domestic alien Lloyds
transacting business in this | ||||||
3 | State, it shall not be necessary to name the
underwriters as | ||||||
4 | parties defendant, but such Lloyds may be named
as the party | ||||||
5 | defendant in any such suit and service may be had upon all the
| ||||||
6 | underwriters by service upon the last appointed | ||||||
7 | attorney-in-fact or by
service upon the Director, and not | ||||||
8 | otherwise. Any such suit may be brought
in the county in which | ||||||
9 | the cause of action arises or in which the claimant
resides. | ||||||
10 | When such process is served upon the Director as agent to | ||||||
11 | accept
service, duplicate copies of such process shall be | ||||||
12 | delivered to him and he
shall immediately forward one copy of | ||||||
13 | each such process to the last
appointed attorney-in-fact by | ||||||
14 | certified or registered mail, postage
prepaid, giving the
day | ||||||
15 | and hour of such service.
| ||||||
16 | (Source: P.A. 88-535 .)
| ||||||
17 | (215 ILCS 5/Art. VI heading) | ||||||
18 | ARTICLE VI. FOREIGN OR NON-DOMESTIC ALIEN COMPANIES
| ||||||
19 | (Article scheduled to be repealed on January 1, 2027)
| ||||||
20 | (215 ILCS 5/108) (from Ch. 73, par. 720)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
22 | Sec. 108. Companies
that may be admitted to do business.
| ||||||
23 | (1) Upon complying with the provisions of this Article, a | ||||||
24 | foreign or non-domestic
alien company organized as a stock |
| |||||||
| |||||||
1 | company, mutual company, reciprocal,
Lloyds or fraternal | ||||||
2 | benefit society
may be admitted to transact in this State the | ||||||
3 | kind or kinds of business
which a domestic company similarly | ||||||
4 | organized may be authorized to transact
under this Code. Any | ||||||
5 | certificate of authority issued to a non-domestic an alien | ||||||
6 | Lloyds
shall be subject to all of the provisions of Section | ||||||
7 | 103.
| ||||||
8 | (2) No foreign or non-domestic alien mutual benefit | ||||||
9 | society or burial society shall
hereafter be admitted to | ||||||
10 | transact business in this State.
| ||||||
11 | (3) No foreign or non-domestic alien company shall | ||||||
12 | transact in this State any
insurance business not classified | ||||||
13 | under Section 4.
| ||||||
14 | (Source: P.A. 82-498 .)
| ||||||
15 | (215 ILCS 5/109) (from Ch. 73, par. 721)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
17 | Sec. 109. Application for certificate of authority.
| ||||||
18 | (1) A foreign or non-domestic alien company in order to | ||||||
19 | procure a certificate of
authority to transact business in | ||||||
20 | this State shall make application
therefor to the Director. | ||||||
21 | The application shall set forth:
| ||||||
22 | (a) the name of the company, and the state or country | ||||||
23 | under the laws of
which it is organized or authorized;
| ||||||
24 | (b) the title of the Act under or by which it was | ||||||
25 | incorporated or
organized, the date of its incorporation |
| |||||||
| |||||||
1 | or organization and, if a
corporation, the period of its | ||||||
2 | duration;
| ||||||
3 | (c) the class or classes of insurance business, as | ||||||
4 | provided in Section
4, in which it proposes to engage in | ||||||
5 | this State, and the kinds of
insurances in each class it | ||||||
6 | proposes to write in this State;
| ||||||
7 | (d) if a life company, that it is not engaged in any | ||||||
8 | state in practices
which, if engaged in in this State, | ||||||
9 | would constitute a violation of Section
237;
| ||||||
10 | (e) whether or not it was authorized to transact | ||||||
11 | business in this State
during any part of the 3-year | ||||||
12 | period prior to its
application and, if so, for what | ||||||
13 | period;
| ||||||
14 | (f) whether or not it survives or was formed by a | ||||||
15 | merger, consolidation,
reorganization, or reincorporation | ||||||
16 | effected within 3 years
prior to its application and, if | ||||||
17 | so, whether and for what period or
periods any of the | ||||||
18 | companies that are parties to the merger,
consolidation, | ||||||
19 | reorganization, or reincorporation were authorized to
| ||||||
20 | transact business in this State within the 3-year period
| ||||||
21 | prior to its application; and
| ||||||
22 | (g) such additional information as the Director may | ||||||
23 | require to enable
the Director to determine whether the | ||||||
24 | company is
entitled to a certificate of authority to | ||||||
25 | transact business in this State and
to determine and | ||||||
26 | assess the taxes, fees and charges payable as in this Code
|
| |||||||
| |||||||
1 | prescribed.
| ||||||
2 | (2) Such application shall be made on forms prescribed and | ||||||
3 | furnished by
the Director and shall be executed by the company | ||||||
4 | by its president or a
vice-president or executive officer | ||||||
5 | corresponding thereto, and verified by
such officer, and if a | ||||||
6 | corporation, the corporate seal shall be thereto
affixed, | ||||||
7 | attested by its secretary or other proper officer.
| ||||||
8 | (Source: P.A. 90-655, eff. 7-30-98 .)
| ||||||
9 | (215 ILCS 5/110) (from Ch. 73, par. 722)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
11 | Sec. 110. Delivery
to director of application and | ||||||
12 | documents. There shall be delivered to the Director
| ||||||
13 | (a) the application of the company for a certificate | ||||||
14 | of authority;
| ||||||
15 | (b) a copy of its articles of incorporation or | ||||||
16 | articles of association
as amended, duly certified by the | ||||||
17 | proper officer of the state or country
under whose laws | ||||||
18 | the company is organized or incorporated, or if a
| ||||||
19 | reciprocal or Lloyds the power of attorney of the | ||||||
20 | attorney-in-fact;
| ||||||
21 | (c) if a non-domestic an alien company, a copy of the | ||||||
22 | appointment and authority of its
United States manager, | ||||||
23 | certified by a proper officer of the company;
| ||||||
24 | (d) a copy of its by-laws or regulations, and if a | ||||||
25 | fraternal benefit
society, a copy of its constitution, |
| |||||||
| |||||||
1 | certified by its secretary or officer
corresponding | ||||||
2 | thereto;
| ||||||
3 | (e) the instrument authorizing service of process on | ||||||
4 | the Director
required by section 112;
| ||||||
5 | (f) a statement of its financial condition and | ||||||
6 | business as of the end of
the preceding calendar year | ||||||
7 | complying as to form, content and verification
with the | ||||||
8 | requirements of this Code for annual statements, or a | ||||||
9 | financial
statement as of such later date as the Director | ||||||
10 | may require;
| ||||||
11 | (g) a copy of the last report of examination certified | ||||||
12 | to by an
insurance commissioner or other proper | ||||||
13 | supervisory official; and
| ||||||
14 | (h) a certificate from the proper official of the | ||||||
15 | state or country
wherein it is incorporated or organized | ||||||
16 | that it is duly incorporated or
organized and is | ||||||
17 | authorized to write the kind or kinds of insurance which
| ||||||
18 | it proposes to write in this State.
| ||||||
19 | (Source: Laws 1965, p. 422 .)
| ||||||
20 | (215 ILCS 5/111) (from Ch. 73, par. 723)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
22 | Sec. 111. Conditions of issuance of certificate of | ||||||
23 | authority.
| ||||||
24 | (1) Before a certificate of authority to transact business | ||||||
25 | in this State
is issued to a foreign or non-domestic alien |
| |||||||
| |||||||
1 | company, such company shall satisfy the
Director that:
| ||||||
2 | (a) the company is duly organized under the laws of | ||||||
3 | the state or country
under whose laws it professes to be | ||||||
4 | organized and authorized to do the
business it is | ||||||
5 | transacting or proposes to transact;
| ||||||
6 | (b) its name is not the same as, or deceptively | ||||||
7 | similar to, the name of
any domestic company, or of any | ||||||
8 | foreign or non-domestic alien company authorized to
| ||||||
9 | transact business in this State;
| ||||||
10 | (c) if a company transacting business of the kind or | ||||||
11 | kinds enumerated in
Class 1 of Section 4, it is not | ||||||
12 | engaging in practices in any state which
if engaged in | ||||||
13 | this State, would constitute a violation of Section 237;
| ||||||
14 | and it is not transacting any kinds of business other than | ||||||
15 | those enumerated
in Class 1 of Section 4;
| ||||||
16 | (d) if a stock company, it has a paid up capital and | ||||||
17 | surplus at least
equal to the capital and original surplus | ||||||
18 | required by this Code for a
domestic company doing the | ||||||
19 | same kind or kinds of business or, if a mutual
company or | ||||||
20 | reciprocal, it has a surplus and provision for contingent
| ||||||
21 | liability of policyholders, at least equal to the original | ||||||
22 | surplus and
provision for contingent liability of | ||||||
23 | policyholders required for a similar
domestic company | ||||||
24 | doing the same kind or kinds of business, or, if a
| ||||||
25 | fraternal benefit society, it
meets the requirements | ||||||
26 | prescribed in this Code for the organization of a
domestic |
| |||||||
| |||||||
1 | company or society, or if a Lloyds it meets the | ||||||
2 | requirements of
Article V;
| ||||||
3 | (e) its funds are invested in accordance with the laws | ||||||
4 | of its domicile;
and
| ||||||
5 | (f) in the case of a stock company its minimum capital | ||||||
6 | and surplus and
required reserves, or in the case of a | ||||||
7 | mutual company or a reciprocal
proposing to issue policies | ||||||
8 | without contingent liability, its minimum
surplus and | ||||||
9 | required reserves, or in the case of any other company, | ||||||
10 | all its
funds, are invested in securities or property | ||||||
11 | which afford a degree of
financial security equal to that | ||||||
12 | required for similar domestic companies,
provided that | ||||||
13 | this clause shall not be construed as requiring the
| ||||||
14 | application of limitations relating either to the kind or | ||||||
15 | amount of
securities prescribed by this Code for the | ||||||
16 | investments of domestic
companies.
| ||||||
17 | (2) In determining whether a non-domestic an alien company | ||||||
18 | complies with the provisions
of subsection (1) of this section | ||||||
19 | the Director shall consider only business
transacted in the | ||||||
20 | United States, only the assets described in Section 60j
and | ||||||
21 | only liabilities in connection with its United States | ||||||
22 | business.
| ||||||
23 | (3) Before a certificate of authority is issued to a | ||||||
24 | foreign or non-domestic alien
company, other than a Lloyds, it | ||||||
25 | shall deposit with the Director securities
which are | ||||||
26 | authorized investments for similar domestic companies under
|
| |||||||
| |||||||
1 | Section 126.11A(1), 126.11A(2), 126.24A(1), or 126.24A(2) of
| ||||||
2 | the amount, if any, required of a domestic company
similarly | ||||||
3 | organized and doing the same kind or kinds of business; or in
| ||||||
4 | lieu of such deposit such foreign or non-domestic alien | ||||||
5 | company shall satisfy the
Director that it has on deposit with | ||||||
6 | an official of a state of the United
States or a depositary | ||||||
7 | designated or authorized for such purpose by such
official, | ||||||
8 | authorized by the law of such state to accept such deposit,
| ||||||
9 | securities of at least a like amount, for the benefit and | ||||||
10 | security of all
creditors, policyholders and policy | ||||||
11 | obligations of such company.
| ||||||
12 | (4) Before issuing a certificate of authority to a foreign | ||||||
13 | or non-domestic alien
company, the Director may cause an | ||||||
14 | examination to be made of the condition
and affairs of such | ||||||
15 | company.
| ||||||
16 | (Source: P.A. 90-418, eff. 8-15-97; 90-794, eff. 8-14-98 .)
| ||||||
17 | (215 ILCS 5/112) (from Ch. 73, par. 724)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
19 | Sec. 112. Service of process - Director as attorney. | ||||||
20 | (1) Every foreign or non-domestic alien company desiring | ||||||
21 | to transact business in this
State shall file with the | ||||||
22 | Director a duly executed instrument whereby the
company shall | ||||||
23 | appoint and constitute the Director and his successor or
| ||||||
24 | successors in office the true and lawful attorney of such | ||||||
25 | company upon whom
all lawful process in any action or legal |
| |||||||
| |||||||
1 | proceeding against it may be
served and shall agree that any | ||||||
2 | such lawful process against it which may be
served upon its | ||||||
3 | said attorney as provided in this section shall be of the
same | ||||||
4 | force and validity as if served upon the company and that the
| ||||||
5 | authority thereof shall continue in force irrevocably so long | ||||||
6 | as any
liability of the company in the State shall remain | ||||||
7 | outstanding.
| ||||||
8 | (2) Process authorized by such instrument or by any | ||||||
9 | similar instrument
heretofore executed shall be served by | ||||||
10 | delivering to and leaving with the
Director duplicate copies | ||||||
11 | of such process with payment of the fee
prescribed by this | ||||||
12 | Code, and the service thereof upon such attorney shall
be | ||||||
13 | deemed service upon the company. The Director shall forthwith | ||||||
14 | forward
one copy of each such process by certified or | ||||||
15 | registered mail prepaid
to the company, or
in the case of a | ||||||
16 | non-domestic an alien company, to the United States Manager or | ||||||
17 | last
appointed United States general agent of the company, | ||||||
18 | giving the day and
the hour of such service. Service of such | ||||||
19 | process shall not be complete
until the copy thereof has been | ||||||
20 | so mailed and received by the company, and
the certified | ||||||
21 | receipt or registry receipt shall be prima facie evidence
of | ||||||
22 | the completion of
such service. Service of process on a | ||||||
23 | reciprocal or Lloyds shall be
governed by sections 77 and 105 | ||||||
24 | respectively.
| ||||||
25 | (Source: P.A. 83-598 .)
|
| |||||||
| |||||||
1 | (215 ILCS 5/113) (from Ch. 73, par. 725)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
3 | Sec. 113. When
certificate of authority to issue. When a | ||||||
4 | foreign or non-domestic alien company has complied with the | ||||||
5 | requirements of
this Article and all other requirements | ||||||
6 | imposed on such company by existing
laws and has paid the | ||||||
7 | taxes, fees and charges imposed by law, and the
operational | ||||||
8 | history of the company when reviewed in conjunction with its
| ||||||
9 | loss experience, the kinds and nature of risks insured, the | ||||||
10 | financial
condition of the company and its ownership and the | ||||||
11 | ratio of annual premium
volume to incurred acquisition | ||||||
12 | expenses and to its policyholders' surplus
indicates a | ||||||
13 | condition such that the expanded operation of the company in
| ||||||
14 | this State will not create a condition which might be | ||||||
15 | hazardous to its
policyholders, creditors or the general | ||||||
16 | public, the Director must file in
his office the documents | ||||||
17 | delivered to him and must issue to the company a
certificate of | ||||||
18 | authority to transact in this State the kind or kinds of
| ||||||
19 | business specified therein. Such certificate shall expire on | ||||||
20 | the 30th day
of June of the calendar year succeeding the | ||||||
21 | calendar year in which such
certificate is issued.
| ||||||
22 | (Source: P.A. 77-1513 .)
| ||||||
23 | (215 ILCS 5/113.1) (from Ch. 73, par. 725.1)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
25 | Sec. 113.1. Effect of acceptance of certificate of |
| |||||||
| |||||||
1 | authority.
| ||||||
2 | (1) No foreign or non-domestic alien company which accepts | ||||||
3 | a certificate of authority
or renewal certificate of authority | ||||||
4 | to transact in this State any insurance
business as described | ||||||
5 | in Section 4 of this Code shall transfer by sale,
| ||||||
6 | contribution, merger, consolidation, reinsurance or otherwise, | ||||||
7 | its direct
policy obligations under insurance contracts with | ||||||
8 | Illinois policyholders
unless:
| ||||||
9 | a. the transfer is made to a company authorized to | ||||||
10 | transact in this
State the type of insurance business | ||||||
11 | transferred; or
| ||||||
12 | b. the transferring company gives 30 days prior | ||||||
13 | written notice to each
policyholder to be transferred | ||||||
14 | stating that the insurance contract and the
company's | ||||||
15 | liabilities thereunder are to be transferred to a | ||||||
16 | specified
insurer which is not subject to regulation by | ||||||
17 | the Illinois Insurance
Department or the administrative | ||||||
18 | requirements of the Illinois Insurance
Code; and
| ||||||
19 | c. the unauthorized company to which the insurance | ||||||
20 | business is to be
transferred makes and maintains a | ||||||
21 | special deposit with the Director for the
protection and | ||||||
22 | benefit of all Illinois policyholders of such unauthorized
| ||||||
23 | company, in assets acceptable to the Director and having a | ||||||
24 | fair market value
not less than the required statutory | ||||||
25 | reserves for the Illinois insurance
business to be | ||||||
26 | transferred.
|
| |||||||
| |||||||
1 | (2) Any and all transfers resulting in the violation of | ||||||
2 | this Section
shall be construed as a violation of all | ||||||
3 | applicable provisions of Article
VII of this Code; including, | ||||||
4 | but not limited to, Section 121-4 providing
for liability to | ||||||
5 | insureds for claims or insured losses not honored by the
| ||||||
6 | unauthorized insurer.
| ||||||
7 | (3) Unless permitted by and obtained in compliance with | ||||||
8 | this Section, or
specifically authorized by another provision | ||||||
9 | of this Code, it shall be
unlawful for any unauthorized | ||||||
10 | company to obtain as direct insurer any
insurance contracts | ||||||
11 | written in this State.
| ||||||
12 | (Source: P.A. 86-753 .)
| ||||||
13 | (215 ILCS 5/114) (from Ch. 73, par. 726)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
15 | Sec. 114. Renewal of
certificate of authority.
| ||||||
16 | (1) The Director shall renew for one year the certificate | ||||||
17 | of authority
of a foreign or non-domestic alien company on the | ||||||
18 | first day of July of the calendar year
following the calendar | ||||||
19 | year in which it is admitted to transact business in
this State | ||||||
20 | and annually thereafter, without application by the company,
| ||||||
21 | upon payment of the annual privilege tax imposed by this Code, | ||||||
22 | if any,
provided the Director is satisfied that
| ||||||
23 | (a) none of the facts specified in this article as | ||||||
24 | grounds for revoking
a certificate of authority exists; | ||||||
25 | and
|
| |||||||
| |||||||
1 | (b) the company is complying with the conditions for | ||||||
2 | admission in respect
to capital, contingent liability, the | ||||||
3 | investment of its assets or the maintenance
of deposits in | ||||||
4 | this or another state and maintains the surplus which | ||||||
5 | similar
domestic companies transacting the same kind or | ||||||
6 | kinds of business are required
to maintain.
| ||||||
7 | (2) Except in case of nonpayment of taxes, the Director | ||||||
8 | shall give
notice of his intention to refuse to renew the | ||||||
9 | certificate of authority of
a foreign or non-domestic alien | ||||||
10 | company and the grounds therefor at least twenty days
before | ||||||
11 | the end of the term for which the existing certificate was | ||||||
12 | issued,
and, the company shall be given an opportunity for a | ||||||
13 | hearing before the end
of such term.
| ||||||
14 | (3) In the event that a company admitted to transact | ||||||
15 | business in this
State prior to the effective date of this Code | ||||||
16 | has been and is transacting
in this State or in any other state | ||||||
17 | or country the kind or kinds of
business enumerated in Class 1 | ||||||
18 | of Section 4 and in addition thereto any of
the kinds of | ||||||
19 | business not enumerated in such class, the Director may for a
| ||||||
20 | period of three years renew annually its certificate of | ||||||
21 | authority to
transact such kinds of business. At the end of | ||||||
22 | such three year period or at
the end of any extended period as | ||||||
23 | herein provided for, the Director may
extend the period during | ||||||
24 | which the certificate of authority of such company
may be | ||||||
25 | renewed annually, upon a showing by the company at a hearing | ||||||
26 | before
the Director that
|
| |||||||
| |||||||
1 | (a) it has made reasonable progress in the | ||||||
2 | discontinuance of kinds of
business other than those | ||||||
3 | enumerated in Class 1 of Section 4; and
| ||||||
4 | (b) complete and immediate discontinuance of such | ||||||
5 | kinds of business
would result in undue loss to the | ||||||
6 | company and the policyholders would
suffer materially | ||||||
7 | thereby; or
| ||||||
8 | (c) there are other reasons for such extension deemed | ||||||
9 | by the Director to
be good and sufficient. The extension | ||||||
10 | herein provided for shall be for such
period as the | ||||||
11 | Director may deem proper on the showing made, but the | ||||||
12 | total
of such extended periods shall not exceed three | ||||||
13 | years.
| ||||||
14 | (Source: P.A. 82-498 .)
| ||||||
15 | (215 ILCS 5/115) (from Ch. 73, par. 727)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
17 | Sec. 115. Amended
certificate of authority. | ||||||
18 | (1) In the event that a foreign or non-domestic alien | ||||||
19 | company authorized to transact
business in this State changes | ||||||
20 | its name or desires to transact in this
State a kind or kinds | ||||||
21 | of business other than those it is then authorized to
| ||||||
22 | transact, it shall file with the Director an application for | ||||||
23 | an amended
certificate of authority.
| ||||||
24 | (2) Such application shall comply as to form and manner of | ||||||
25 | execution
with the requirements of this Article for an |
| |||||||
| |||||||
1 | original application and shall
set forth the name of the | ||||||
2 | company, the respects in which the company
desires its | ||||||
3 | certificate of authority amended, and such other information | ||||||
4 | as
is necessary or appropriate to enable the Director to | ||||||
5 | determine whether
such an amended certificate of authority | ||||||
6 | should be issued.
| ||||||
7 | (3) The Director shall issue such amended certificate if | ||||||
8 | he is satisfied
that
| ||||||
9 | (a) the company might lawfully be authorized to | ||||||
10 | transact the kind or
kinds of business it desires to | ||||||
11 | transact if application for such authority
were made in an | ||||||
12 | original application; and
| ||||||
13 | (b) the conditions provided for in Section 111 are | ||||||
14 | complied with.
| ||||||
15 | (Source: Laws 1937, p. 696 .)
| ||||||
16 | (215 ILCS 5/116) (from Ch. 73, par. 728)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
18 | Sec. 116. Amendments
to articles of incorporation. | ||||||
19 | Whenever the articles of incorporation or articles of | ||||||
20 | association of a
foreign or non-domestic alien company | ||||||
21 | authorized to transact business in this State
shall be | ||||||
22 | amended, such company shall, within thirty days after the
| ||||||
23 | effective date of such amendment, file with the Director a | ||||||
24 | copy thereof
duly authenticated by the proper officer of the | ||||||
25 | state or country under the
laws of which such company is |
| |||||||
| |||||||
1 | organized. The filing of such copy shall not
of itself enlarge | ||||||
2 | the authority of the company in the transaction of
business in | ||||||
3 | this State, nor authorize such company to transact business in
| ||||||
4 | this State under any other name than the name set forth in its | ||||||
5 | certificate
of authority.
| ||||||
6 | (Source: Laws 1937, p. 696 .)
| ||||||
7 | (215 ILCS 5/117) (from Ch. 73, par. 729)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
9 | Sec. 117. Merger or
consolidation. | ||||||
10 | (1) Whenever a foreign or non-domestic alien company | ||||||
11 | authorized to transact business
in this State shall be the | ||||||
12 | surviving company of a statutory merger
permitted by the laws | ||||||
13 | of the state or country under which it is organized,
and such | ||||||
14 | merger is not subject to the provisions of Article X; it shall
| ||||||
15 | forthwith file with the Director
| ||||||
16 | (a) copies of the agreement and certificate of merger | ||||||
17 | duly authenticated
by the proper officer of the state or | ||||||
18 | country under the laws of which such
statutory merger was | ||||||
19 | effected; and
| ||||||
20 | (b) if any of the companies party to such merger were | ||||||
21 | not admitted to
transact business in this State, a | ||||||
22 | statement of the financial condition and
business of each | ||||||
23 | of such companies, as of the end of the preceding calendar
| ||||||
24 | year complying as to form, content and verification with | ||||||
25 | the requirements
of this Code for annual statements, or a |
| |||||||
| |||||||
1 | financial statement as of such
later date as the Director | ||||||
2 | may require.
| ||||||
3 | (2) It shall not be necessary for such surviving company | ||||||
4 | to procure a
new certificate of authority to transact business | ||||||
5 | in this State nor an
amended certificate unless the name of | ||||||
6 | such company be changed thereby or
unless the company desires | ||||||
7 | to transact in this State a kind or kinds of
business other | ||||||
8 | than those which it is then authorized to transact.
| ||||||
9 | (3) Whenever a foreign or non-domestic alien company | ||||||
10 | authorized to transact business
in this State shall be a party | ||||||
11 | to a statutory merger and such company shall
not be the | ||||||
12 | surviving company, or if such foreign or non-domestic alien | ||||||
13 | company shall be
a party to a consolidation, then the | ||||||
14 | certificate of authority of such
foreign or non-domestic alien | ||||||
15 | company shall terminate upon such merger or consolidation,
and | ||||||
16 | the surviving company, if not previously authorized to | ||||||
17 | transact
business in this State, or the new company, in the | ||||||
18 | case of consolidation,
shall be subject to the same | ||||||
19 | requirements for admission to transact
business in this State | ||||||
20 | as any other foreign or non-domestic alien company.
| ||||||
21 | (Source: Laws 1937, p. 696 .)
| ||||||
22 | (215 ILCS 5/118) (from Ch. 73, par. 730)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
24 | Sec. 118. Withdrawal
from the State. | ||||||
25 | (1) Any foreign or non-domestic alien company admitted to |
| |||||||
| |||||||
1 | do business in this State
may withdraw from this State by | ||||||
2 | filing with the Director a statement of
withdrawal, signed and | ||||||
3 | verified by a president, vice-president or an
executive | ||||||
4 | officer corresponding thereto, or in the case of a reciprocal | ||||||
5 | or
Lloyds, by the attorney-in-fact, and setting forth
| ||||||
6 | (a) that the company surrenders its authority to | ||||||
7 | transact business in
this State and returns for | ||||||
8 | cancellation its certificate of authority;
| ||||||
9 | (b) except in the case of a reciprocal or Lloyds, that | ||||||
10 | the withdrawal of
the company from this State has been | ||||||
11 | duly authorized by the board of
directors, trustees or | ||||||
12 | other governing body of such company; and
| ||||||
13 | (c) a postoffice address to which the Director may | ||||||
14 | mail a copy of any
process against the withdrawing company | ||||||
15 | that may be served upon him.
| ||||||
16 | (2) Upon the filing of such statement together with its | ||||||
17 | certificate of
authority with the Director and payment of any | ||||||
18 | taxes or charges that may be
due, the Director shall cancel the | ||||||
19 | certificate of authority and return the
cancelled certificate | ||||||
20 | to the company. The authority of the company to
transact | ||||||
21 | business in this State shall thereupon cease.
| ||||||
22 | (Source: Laws 1937, p. 696 .)
| ||||||
23 | (215 ILCS 5/119) (from Ch. 73, par. 731)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
25 | Sec. 119. Revocation and suspension of certificate of |
| |||||||
| |||||||
1 | authority. | ||||||
2 | (1) The Director may revoke or suspend the certificate of | ||||||
3 | authority of a
foreign or non-domestic alien company or may by | ||||||
4 | order require such insurance company to
pay to the people of | ||||||
5 | the State of Illinois a penalty in a sum not exceeding
$500, | ||||||
6 | and upon the failure of such insurance company to pay such | ||||||
7 | penalty
within 20 days after the mailing of such order, | ||||||
8 | postage prepaid, certified or
registered, and addressed to the | ||||||
9 | last known place of business of such
insurance company, unless | ||||||
10 | such order is stayed by an order of a court of
competent | ||||||
11 | jurisdiction, the Director of Insurance may revoke or suspend | ||||||
12 | the
license of such insurance company for any period of time up | ||||||
13 | to, but not
exceeding a period of, 2 years whenever he finds | ||||||
14 | that such company
| ||||||
15 | (a) is insolvent;
| ||||||
16 | (b) fails to comply with the requirements for | ||||||
17 | admission in respect to
capital, contingent liability, the | ||||||
18 | investment of its assets or the
maintenance of deposits in | ||||||
19 | this or another state or fails to maintain the
surplus | ||||||
20 | which similar domestic companies transacting the same kind | ||||||
21 | or kinds
of business are required to maintain;
| ||||||
22 | (c) is in such a financial condition that its further | ||||||
23 | transaction of
business in this State would be hazardous | ||||||
24 | to policyholders and creditors in
this State and to the | ||||||
25 | public;
| ||||||
26 | (d) has refused or neglected to pay a valid final |
| |||||||
| |||||||
1 | judgment against such
company within 30 days after the | ||||||
2 | rendition of such judgment;
| ||||||
3 | (e) has violated any law of this State or has in this | ||||||
4 | State violated its
charter or exceeded its corporate | ||||||
5 | powers;
| ||||||
6 | (f) has refused to submit its books, papers, accounts, | ||||||
7 | records, or
affairs to the reasonable inspection or | ||||||
8 | examination of the Director, his
actuaries, deputies or | ||||||
9 | examiners;
| ||||||
10 | (g) has an officer who has refused upon reasonable | ||||||
11 | demand to be examined
under oath touching its affairs;
| ||||||
12 | (h) fails to file its annual statement within 30 days | ||||||
13 | after the date
when it is required by law to file such | ||||||
14 | statement;
| ||||||
15 | (i) fails to file with the Director a copy of an | ||||||
16 | amendment to its
charter or articles of association within | ||||||
17 | 30 days after the effective date
of such amendment;
| ||||||
18 | (j) fails to file with the Director copies of the | ||||||
19 | agreement and
certificate of merger and the financial | ||||||
20 | statements of the merged companies,
if required, within 30 | ||||||
21 | days after the effective date of the merger;
| ||||||
22 | (k) fails to pay any fees, taxes or charges prescribed | ||||||
23 | by this Code
within 30 days after they are due and payable; | ||||||
24 | provided, however, that in
case of objection or legal | ||||||
25 | contest the company shall not be required to pay
the tax | ||||||
26 | until 30 days after final disposition of the objection or |
| |||||||
| |||||||
1 | legal
contest.
| ||||||
2 | (l) fails to file any report or reports for the | ||||||
3 | purpose of enabling the
Director to compute the taxes to | ||||||
4 | be paid by such company within 30 days
after the date when | ||||||
5 | it is required by law to file such report or reports;
| ||||||
6 | (m) has had its corporate existence dissolved or its | ||||||
7 | certificate of
authority revoked in the state in which it | ||||||
8 | was organized; or
| ||||||
9 | (n) has had all its risks reinsured in their entirety | ||||||
10 | in another
company.
| ||||||
11 | (2) Except for the grounds stated in clauses (a), (c) or | ||||||
12 | (k) of
subsection (1) of this section the Director shall not | ||||||
13 | revoke or suspend the
certificate of authority of a foreign or | ||||||
14 | non-domestic alien company until he has given
the company at | ||||||
15 | least twenty days' notice of the revocation or suspension
and | ||||||
16 | of the grounds therefor and has afforded the company an | ||||||
17 | opportunity for
a hearing.
| ||||||
18 | (Source: P.A. 83-598 .)
| ||||||
19 | (215 ILCS 5/120) (from Ch. 73, par. 732)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
21 | Sec. 120. Withdrawal
of deposits. When a foreign or | ||||||
22 | non-domestic alien company has withdrawn from this State or | ||||||
23 | has had
its certificate of authority to transact business in | ||||||
24 | this State revoked and
such company desires to withdraw any | ||||||
25 | deposit made in this State pursuant to
this Code, the Director |
| |||||||
| |||||||
1 | shall upon the application of the company and at
its expense, | ||||||
2 | give notice of such intention to the insurance commissioner or
| ||||||
3 | other proper supervisory official of each state or country | ||||||
4 | where it appears
from information on file with the Director, | ||||||
5 | the company is authorized to
transact business, and shall | ||||||
6 | publish notice of such intention in a
newspaper of general | ||||||
7 | circulation in this State once a week for four
consecutive | ||||||
8 | weeks. After such notice and publication the Director shall
| ||||||
9 | deliver to such company or its assigns the securities so | ||||||
10 | deposited when he
is satisfied upon examination and | ||||||
11 | investigation made by him, or under his
authority, and upon | ||||||
12 | the oaths of the president and secretary or other chief
| ||||||
13 | officers of the company that all debts and liabilities of | ||||||
14 | every kind due
and to become due which the deposit was made to | ||||||
15 | secure have been paid or
otherwise extinguished.
| ||||||
16 | (Source: Laws 1937, p. 696 .)
| ||||||
17 | (215 ILCS 5/123) (from Ch. 73, par. 735)
| ||||||
18 | Sec. 123.
Service of process upon an unauthorized foreign | ||||||
19 | or non-domestic alien
company.
| ||||||
20 | (1) The purpose of this Section is to subject unauthorized
| ||||||
21 | foreign and non-domestic alien companies to the jurisdiction | ||||||
22 | of courts of this State in
actions by or on behalf of insureds, | ||||||
23 | reinsureds, or beneficiaries under
insurance
or reinsurance | ||||||
24 | contracts. The Legislature declares that it is a subject of
| ||||||
25 | concern that
many residents of this State or corporations |
| |||||||
| |||||||
1 | authorized to do business in
this State hold policies of | ||||||
2 | insurance or reinsurance issued by companies
not authorized to | ||||||
3 | do business in this State, thus presenting to such
residents | ||||||
4 | or corporations authorized to do business in this State the | ||||||
5 | often
insuperable obstacle of
resorting to distant forums for
| ||||||
6 | the purpose of asserting legal rights under such policies. In | ||||||
7 | furtherance
of such State interest, the Legislature herein | ||||||
8 | provides a method of
substituted service of process upon such | ||||||
9 | companies and declares that in so
doing it exercises its power | ||||||
10 | to protect its residents and corporations
authorized to do | ||||||
11 | business in this State and to define, for
the purpose of this | ||||||
12 | statute, what constitutes doing business in this State,
and | ||||||
13 | also exercises powers and
privileges available to the State by | ||||||
14 | virtue of Public Law 15, 79th Congress
of the United States, | ||||||
15 | Chapter 20, 1st. Sess., S. 340, as amended, which
declares | ||||||
16 | that the business of insurance and every person engaged | ||||||
17 | therein
shall be subject to the laws of the several states.
| ||||||
18 | (2) Any of the following acts in this State, effected by | ||||||
19 | mail or
otherwise, by an unauthorized foreign or non-domestic | ||||||
20 | alien company: (a) the issuance or
delivery of contracts of | ||||||
21 | insurance or reinsurance to residents of
this State or to | ||||||
22 | corporations authorized to do business therein, (b) the
| ||||||
23 | solicitation of applications for such contracts, (c) the | ||||||
24 | collection of
premiums, membership fees, assessments or other | ||||||
25 | considerations for such
contracts, or (d) any other | ||||||
26 | transaction of business, is equivalent to and
shall constitute |
| |||||||
| |||||||
1 | an appointment by such company, of the Director and his or her
| ||||||
2 | successor or successors in office, to be its true and lawful | ||||||
3 | attorney upon
whom may be served all lawful process in any | ||||||
4 | action or proceeding against
it, arising out of such policy or | ||||||
5 | contract of insurance or reinsurance, and
the acts
shall be a | ||||||
6 | signification of its agreement that any such process against | ||||||
7 | it
which is so served shall be of the same legal force and | ||||||
8 | validity as if
served upon the company.
| ||||||
9 | (3) Service of such process shall be made by delivering | ||||||
10 | and leaving with
the Director a copy thereof and the payment to | ||||||
11 | the Director of the fee
prescribed by this Code. The Director | ||||||
12 | shall keep a record of all process so
served upon him or her. | ||||||
13 | Such process shall be sufficient service upon such
foreign or | ||||||
14 | non-domestic alien company provided notice of such service and | ||||||
15 | a copy of the
process are, within 10 days thereafter, sent by | ||||||
16 | certified or registered
mail by the plaintiff's attorney of | ||||||
17 | record to the defendant at the last
known principal place of | ||||||
18 | business of the defendant, and the defendant's
receipt and the | ||||||
19 | plaintiff's attorney's affidavit of compliance herewith are
| ||||||
20 | filed with the Clerk of the Court in which such action is | ||||||
21 | pending on or
before the return date of the process or within | ||||||
22 | such further time as the court may allow.
| ||||||
23 | (4) Service of process in any such action against any such | ||||||
24 | company shall
in addition to the mode hereinabove described be | ||||||
25 | valid and legal if served
upon any person within this State | ||||||
26 | who, in this State on behalf of such
company, is
|
| |||||||
| |||||||
1 | (a) soliciting insurance or reinsurance, or
| ||||||
2 | (b) making, issuing, or delivering any policies or | ||||||
3 | contracts of
insurance or reinsurance, or
| ||||||
4 | (c) collecting or receiving any premium, membership | ||||||
5 | fee, assessment or
other consideration for insurance or | ||||||
6 | reinsurance, or
| ||||||
7 | (d) in any manner aiding or assisting in doing any of | ||||||
8 | the things
enumerated in clauses (a), (b), or (c) of this | ||||||
9 | subsection; and a copy of
such process is within 10 days | ||||||
10 | thereafter sent by certified or registered
mail by the | ||||||
11 | plaintiff's attorney of record to the defendant at the | ||||||
12 | last
known principal place of business of the defendant | ||||||
13 | and the defendant's
receipt and the plaintiff's attorney's | ||||||
14 | affidavit of compliance herewith are
filed with the clerk | ||||||
15 | of the court in which such action is pending on or
before | ||||||
16 | the return date of the process or within such further time | ||||||
17 | as the court
may allow.
| ||||||
18 | (5) Before any unauthorized foreign or non-domestic alien | ||||||
19 | company shall file or cause
to be filed any pleading in any | ||||||
20 | action or proceeding, including any
arbitration, instituted
| ||||||
21 | against it, such unauthorized company shall either (1) deposit | ||||||
22 | with the
clerk of the court in which such action or proceeding | ||||||
23 | is pending or with the
clerk of the court in the jurisdiction | ||||||
24 | in which the arbitration is pending
cash
or securities or file | ||||||
25 | with such clerk a bond with good and sufficient
sureties, to be | ||||||
26 | approved by the court, in an amount to be fixed by the
court |
| |||||||
| |||||||
1 | sufficient to secure the payment of any final judgment which | ||||||
2 | may be
rendered in such action, proceeding, or arbitration; or | ||||||
3 | (2) where the
unauthorized company continues to transact the | ||||||
4 | business of insurance by issuing
new contracts of insurance or | ||||||
5 | reinsurance, procure a certificate of authority
to
transact | ||||||
6 | the business of insurance in this State.
| ||||||
7 | The court in any action or proceeding, in which service is | ||||||
8 | made
in the manner provided in subsections (3) or (4) may, in | ||||||
9 | its discretion,
order such postponement as may be necessary to | ||||||
10 | afford the defendant
reasonable opportunity to comply with the | ||||||
11 | provisions of this subsection and
to defend such action.
| ||||||
12 | Nothing in this Section is to be construed to prevent an | ||||||
13 | unauthorized
foreign or non-domestic alien company from filing | ||||||
14 | a motion to quash process or to set
aside service thereof made | ||||||
15 | in the manner provided in subsections (3) or (4)
on the ground | ||||||
16 | either (a) that such unauthorized company has not done any of
| ||||||
17 | the acts enumerated in subsection (2) or (b) that the person on | ||||||
18 | whom
service was made pursuant to subsection (4) was not doing | ||||||
19 | any of the acts
therein enumerated.
| ||||||
20 | (6) In any action against an unauthorized foreign or | ||||||
21 | non-domestic alien company upon
a contract of insurance or | ||||||
22 | reinsurance issued or delivered in this State to
a resident
| ||||||
23 | thereof or to a corporation authorized to do business therein, | ||||||
24 | if the
company has failed for 30 days after demand prior to the | ||||||
25 | commencement
of the action to make payment in accordance with | ||||||
26 | the terms of the contract,
and it appears to the court that |
| |||||||
| |||||||
1 | such refusal was vexatious and without
reasonable cause, the | ||||||
2 | court may allow to the plaintiff a reasonable
attorney fee and | ||||||
3 | include such fee in any judgment that may be rendered in
such | ||||||
4 | action. Such fee shall not exceed 12-1/2 per cent of the
amount | ||||||
5 | which the court or jury finds the plaintiff is entitled to | ||||||
6 | recover
against the insurer, but in no event shall such fee be | ||||||
7 | less than $25.
Failure of a company to defend any such action | ||||||
8 | shall
be deemed prima facie evidence that its failure to make | ||||||
9 | payment was
vexatious and without reasonable cause.
| ||||||
10 | (7) No plaintiff shall be entitled to a judgment by
| ||||||
11 | default under this Section until the expiration of 30 days | ||||||
12 | from the
date of the filing of the affidavit of compliance.
| ||||||
13 | (8) The provisions of this Section shall not apply to any | ||||||
14 | action
or proceeding against any unauthorized foreign or | ||||||
15 | non-domestic alien company arising out
of any contract of | ||||||
16 | direct insurance
| ||||||
17 | (a) effected in accordance with Section 445, or
| ||||||
18 | (b) covering ocean marine, aircraft, railway insurance | ||||||
19 | risks, or
| ||||||
20 | (c) against legal liability arising out of the | ||||||
21 | ownership, operation or
maintenance of any property having | ||||||
22 | a permanent situs outside this State, or
| ||||||
23 | (d) against loss of or damage to any property having a | ||||||
24 | permanent situs
outside this State,
| ||||||
25 | where such contract of insurance contains a provision | ||||||
26 | designating the
Director and his or her successor or |
| |||||||
| |||||||
1 | successors in office or a bona fide
resident of Illinois to be | ||||||
2 | the true and lawful attorney of such
non-admitted insurer upon | ||||||
3 | whom may be served all lawful process in any
action or | ||||||
4 | proceeding arising out of any such contract of insurance or | ||||||
5 | where
the insurer enters a general appearance in any such | ||||||
6 | action or proceeding.
| ||||||
7 | (9) Nothing in this Section contained shall limit or | ||||||
8 | affect the right to
serve any process, notice or demand | ||||||
9 | required or permitted by law to be
served upon any company in | ||||||
10 | any other manner now or hereafter permitted by
law.
| ||||||
11 | (Source: P.A. 90-53, eff. 7-3-97.)
| ||||||
12 | (215 ILCS 5/123.1) (from Ch. 73, par. 735.1)
| ||||||
13 | Sec. 123.1.
Service of process upon unauthorized insurers | ||||||
14 | for false
advertising.
| ||||||
15 | (1) (a) The purpose of this Act is to subject to the | ||||||
16 | jurisdiction of the
Director of Insurance of this State and to | ||||||
17 | the jurisdiction of the courts
of this State insurers not | ||||||
18 | authorized to transact business in this State
which place in | ||||||
19 | or send into this State any false advertising designed to
| ||||||
20 | induce residents of this State to purchase insurance from | ||||||
21 | insurers not
authorized to transact business in this State. | ||||||
22 | The Legislature declares it
is in the interest of the citizens | ||||||
23 | of this State who purchase insurance
from insurers which | ||||||
24 | solicit insurance business in this State in the manner
set | ||||||
25 | forth in the preceding sentence that such insurers be subject |
| |||||||
| |||||||
1 | to the
provisions of this Act. In furtherance of such state | ||||||
2 | interest, the
Legislature herein provides a method of | ||||||
3 | substituted service of process upon
such insurers and declares | ||||||
4 | that in so doing, it exercises its power to
protect its | ||||||
5 | residents and also exercises powers and privileges available | ||||||
6 | to
the State by virtue of Public Law 15, 79th Congress of the | ||||||
7 | United States,
Chapter 20, 1st Session, S. 340, which declares | ||||||
8 | that the business of
insurance and every person engaged | ||||||
9 | therein shall be subject to the laws of
the several states; the | ||||||
10 | authority provided herein to be in addition to any
existing | ||||||
11 | powers of this State.
| ||||||
12 | (b) The provisions of this Section shall be liberally | ||||||
13 | construed.
| ||||||
14 | (2) No unauthorized foreign or non-domestic alien insurer | ||||||
15 | of the kind described in
subsection (1) shall make, issue, | ||||||
16 | circulate or cause to be made, issued or
circulated, to | ||||||
17 | residents of this State any estimate, illustration,
circular, | ||||||
18 | pamphlet, or letter, or cause to be made in any newspaper,
| ||||||
19 | magazine or other publication or over any radio or television | ||||||
20 | station, any
announcement or statement to such residents | ||||||
21 | misrepresenting its financial
condition or the terms of any | ||||||
22 | contracts issued or to be issued or the
benefits or advantages | ||||||
23 | promised thereby, or the dividends or share of the
surplus to | ||||||
24 | be received thereon in violation of Article XXVI, and whenever
| ||||||
25 | the Director shall have reason to believe that any such | ||||||
26 | insurer is engaging
in such unlawful advertising, it shall be |
| |||||||
| |||||||
1 | his duty to give notice of such
fact by certified or registered | ||||||
2 | mail to such insurer and to the insurance
supervisory official | ||||||
3 | of the domiciliary state of such insurer. For the purpose
of | ||||||
4 | this Section the domiciliary state of a non-domestic an alien | ||||||
5 | insurer shall be deemed to be
the state of entry or the state | ||||||
6 | of the principal office in the United States.
| ||||||
7 | (3) If after thirty days following the giving of the | ||||||
8 | notice mentioned in
subsection (2) such insurer has failed to | ||||||
9 | cease making, issuing, or
circulating such false | ||||||
10 | misrepresentations or causing the same to be made,
issued or | ||||||
11 | circulated in this State, and if the Director has reason to
| ||||||
12 | believe that a proceeding by him in respect to such matters | ||||||
13 | would be to the
interest of the public, and that such insurer | ||||||
14 | is issuing or delivering
contracts of insurance to residents | ||||||
15 | of this State or collecting premiums on
such contracts or | ||||||
16 | doing any of the acts enumerated in subsection (4), he
shall | ||||||
17 | take action against such insurer under Article XXVI.
| ||||||
18 | (4) (a) Any of the following acts in this State, effected | ||||||
19 | by mail or
otherwise, by any such unauthorized foreign or | ||||||
20 | non-domestic alien insurer:
| ||||||
21 | (i) the issuance or delivery of contracts or insurance | ||||||
22 | to residents
of this State; or
| ||||||
23 | (ii) the solicitation of applications for such | ||||||
24 | contracts; or
| ||||||
25 | (iii) the collection of premiums, membership fees, | ||||||
26 | assessments or
other considerations for such contracts; or
|
| |||||||
| |||||||
1 | (iv) any other transaction of insurance business;
| ||||||
2 | is equivalent to and shall constitute an appointment by such | ||||||
3 | insurer of the
Director and his successor or successors in | ||||||
4 | office, to be its true and lawful
attorney, upon whom may be | ||||||
5 | served all statements of charges, notices and lawful
process | ||||||
6 | in any proceeding instituted in respect to the | ||||||
7 | misrepresentations set
forth in subsection (2) hereof under | ||||||
8 | the provisions of Article XXVI, or in any
action, suit or | ||||||
9 | proceeding for the recovery of any penalty therein provided,
| ||||||
10 | and any such act shall be signification of its agreement that | ||||||
11 | such service of
statement of charges, notices or process is of | ||||||
12 | the same legal force and
validity as personal service of such | ||||||
13 | statement of charges, notices or process
in this State, upon | ||||||
14 | such insurer.
| ||||||
15 | (b) Service of a statement of charges and notices under | ||||||
16 | Article XXVI
shall be made by any deputy or employee of the | ||||||
17 | Department of Insurance
delivering to and leaving with the | ||||||
18 | Director or some person in apparent
charge of his office, two | ||||||
19 | copies thereof. Service of process issued by any
court in any | ||||||
20 | action, suit or proceeding to collect any penalty under
| ||||||
21 | Article XXVI provided, shall be made by delivering and leaving | ||||||
22 | with the
Director, or some person in apparent charge of his | ||||||
23 | office, two copies
thereof. The Director shall forthwith cause | ||||||
24 | to be mailed by certified
or registered mail one of the copies | ||||||
25 | of such statement of charges, notices or
process to the | ||||||
26 | defendant at its last known principal place of business, and
|
| |||||||
| |||||||
1 | shall keep a record of all statements of charges, notices and | ||||||
2 | process so
served. Such service of statement of charges, | ||||||
3 | notices or process shall be
sufficient provided they shall | ||||||
4 | have been so mailed and the defendant's receipt
or receipt | ||||||
5 | issued by the post office with which the letter is certified or
| ||||||
6 | registered, showing the name of the sender of the letter and | ||||||
7 | the name and
address of the person to whom the letter is | ||||||
8 | addressed, and the affidavit of the
person mailing such letter | ||||||
9 | showing a compliance herewith are filed with the
Director in | ||||||
10 | the case of any statement of charges or notices, or with the | ||||||
11 | clerk
of the court in which such action is pending in the case | ||||||
12 | of any process, on or
before the date the defendant is required | ||||||
13 | to appear or within such further time
as may be allowed.
| ||||||
14 | (c) Service of statement of charges, notices and process | ||||||
15 | in any such
proceeding, action or suit shall in addition to the | ||||||
16 | manner provided in
paragraph (b) of this subsection be valid | ||||||
17 | if served upon any person within
this State who on behalf of | ||||||
18 | such insurer is
| ||||||
19 | (i) soliciting insurance; or
| ||||||
20 | (ii) making, issuing or delivering any policies or | ||||||
21 | contracts of
insurance; or
| ||||||
22 | (iii) collecting or receiving in this State any | ||||||
23 | premium, membership
fee, assessment or other consideration | ||||||
24 | for insurance; or
| ||||||
25 | (iv) in any manner aiding or assisting in doing any of | ||||||
26 | the things
enumerated in clauses (i), (ii) or (iii) of |
| |||||||
| |||||||
1 | this paragraph;
| ||||||
2 | and a copy of such statement of charges, notices or process is | ||||||
3 | sent within
ten days thereafter by certified or registered | ||||||
4 | mail by or on behalf
of the Director to the defendant at the | ||||||
5 | last known principal place of business
of the defendant, and | ||||||
6 | the defendant's receipt, or the receipt issued by the
post | ||||||
7 | office with which the letter is certified or registered, | ||||||
8 | showing the name
of the sender of the letter, the name and | ||||||
9 | address of the person to whom the
letter is addressed, and the | ||||||
10 | affidavit of the person mailing the same showing a
compliance | ||||||
11 | herewith, are filed with the Director in the case of any | ||||||
12 | statement
of charges or notices, or with the clerk of the court | ||||||
13 | in which such action is
pending in the case of any process, on | ||||||
14 | or before the date the defendant is
required to appear or | ||||||
15 | within such further time as the court may allow.
| ||||||
16 | (d) No cease or desist order or judgment by default under | ||||||
17 | this section
shall be entered until the expiration of thirty | ||||||
18 | days from the date of the
filing of the affidavit of | ||||||
19 | compliance.
| ||||||
20 | (e) Service of process and notice under the provisions of | ||||||
21 | this section
shall be in addition to all other methods of | ||||||
22 | service provided by law, and
nothing in this section shall | ||||||
23 | limit or prohibit the right to serve any
statement of charges, | ||||||
24 | notices or process upon any insurer in any other
manner now or | ||||||
25 | hereafter permitted by law.
| ||||||
26 | (5) When used in this Act, "residents" shall mean and |
| |||||||
| |||||||
1 | include person,
partnership or corporation, domestic, | ||||||
2 | non-domestic, alien or foreign.
| ||||||
3 | (Source: P.A. 83-598.)
| ||||||
4 | (215 ILCS 5/123.3) (from Ch. 73, par. 735.3)
| ||||||
5 | Sec. 123.3.
Insurance Sales by Companies in Hazardous | ||||||
6 | Financial
Condition Prohibited. Notwithstanding any other | ||||||
7 | provision of this Code, no
unauthorized foreign or | ||||||
8 | non-domestic alien company officer, director, trustee, agent | ||||||
9 | or
employee of such company may renew, issue, or deliver or | ||||||
10 | cause to be
renewed, issued or delivered any policy, contract, | ||||||
11 | or certificate of
insurance for which a premium is charged or | ||||||
12 | collected if the Director of
Insurance has found that such | ||||||
13 | company is in a hazardous financial condition
and such | ||||||
14 | officer, director, trustee, agent or employee is aware of such | ||||||
15 | finding.
| ||||||
16 | If upon request of the Director, such company officer, | ||||||
17 | director, trustee
or employee is unable or unwilling to submit | ||||||
18 | to the Director a copy of such
unauthorized company's most | ||||||
19 | recent financial statement, such unwillingness
or inability | ||||||
20 | shall be deemed prima facie evidence of a hazardous financial | ||||||
21 | condition.
| ||||||
22 | However, a finding of hazardous financial condition does | ||||||
23 | not prevent the
issuance or renewal of a policy when an insured | ||||||
24 | or owner exercises an
option granted to him under an existing | ||||||
25 | policy to obtain new, renewed or
converted insurance coverage.
|
| |||||||
| |||||||
1 | Any company officer, director, trustee, agent, or employee | ||||||
2 | of such
company violating this Section shall be guilty of a | ||||||
3 | Class A misdemeanor.
| ||||||
4 | (Source: P.A. 85-1139.)
| ||||||
5 | (215 ILCS 5/123C-8) (from Ch. 73, par. 735C-8)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
7 | Sec. 123C-8. Merger, consolidation, plans of exchange
and | ||||||
8 | reorganization. | ||||||
9 | A. The provisions of Article X shall apply to captive
| ||||||
10 | insurance companies; provided, however, that:
| ||||||
11 | (1) if the surviving or new company is to be a domestic
| ||||||
12 | captive insurance company,
| ||||||
13 | (a) the Director shall, in determining whether | ||||||
14 | such
company meets the requirements set forth in | ||||||
15 | paragraph (b) of subsection (2)
of Section 162, refer | ||||||
16 | only to the provisions of this Article VIIC and
the | ||||||
17 | other provisions of Article X;
| ||||||
18 | (b) the Director shall, in determining whether | ||||||
19 | such
company meets the requirements of Sections 123C-3 | ||||||
20 | and
123C-4, take into account the capital and surplus | ||||||
21 | of
the company to be merged into the domestic captive | ||||||
22 | insurance
company or the companies to be consolidated | ||||||
23 | into the
domestic captive insurance company (but any | ||||||
24 | approval
by the Director of such merger or | ||||||
25 | consolidation shall
be contingent upon the receipt of |
| |||||||
| |||||||
1 | such capital and surplus
by the domestic captive | ||||||
2 | insurance company and satisfactory
evidence thereof | ||||||
3 | being presented to the Director);
| ||||||
4 | (c) notwithstanding the provisions of paragraph | ||||||
5 | (c) of subsection (1) of Section 166,
such surviving | ||||||
6 | or new company shall have all of the
rights, | ||||||
7 | privileges, immunities and powers and shall
be subject | ||||||
8 | to all of the duties and liabilities granted
or | ||||||
9 | imposed by this Article VIIC (and not by the entire
| ||||||
10 | Code); and
| ||||||
11 | (2) in the event that such merger or consolidation
is | ||||||
12 | to be effected in conjunction with the formation and | ||||||
13 | licensing of
a new domestic captive insurance company in | ||||||
14 | this State,
the Director shall follow procedures for the | ||||||
15 | contemporaneous
and expeditious review of the materials | ||||||
16 | presented to
the Director for his approval of such | ||||||
17 | formation, licensing
and merger or consolidation.
| ||||||
18 | B. (1) Any domestic, foreign or non-domestic alien stock | ||||||
19 | company,
mutual company, or reciprocal company, authorized or
| ||||||
20 | which may be authorized to do business in this State,
may | ||||||
21 | reorganize as a domestic captive insurance company
under the | ||||||
22 | laws of this State, by complying with the
provisions of | ||||||
23 | Article XII. Domestic companies are hereby
authorized to | ||||||
24 | reorganize as domestic captive insurance
companies.
| ||||||
25 | (2) In the event that such reorganization is to be
| ||||||
26 | effected in conjunction with the formation and licensing
|
| |||||||
| |||||||
1 | of a new captive insurance company in this State, the
| ||||||
2 | Director shall follow procedures for the contemporaneous
| ||||||
3 | and expeditious review of the materials presented to
the | ||||||
4 | Director for his approval of such formation, licensing
and | ||||||
5 | reorganization.
| ||||||
6 | (Source: P.A. 85-131 .)
| ||||||
7 | (215 ILCS 5/126.1)
| ||||||
8 | Sec. 126.1. Purpose and scope.
| ||||||
9 | A. Purpose.
The purpose of this Article is to protect the | ||||||
10 | interests of insureds by
promoting
insurer solvency and | ||||||
11 | financial strength. This will be accomplished through the
| ||||||
12 | application of investment standards that facilitate a | ||||||
13 | reasonable balance of the
following objectives:
| ||||||
14 | (1) To preserve principal;
| ||||||
15 | (2) To assure reasonable diversification as to type of | ||||||
16 | investment, issuer
and credit quality; and
| ||||||
17 | (3) To allow insurers to allocate investments in a | ||||||
18 | manner consistent with
principles of prudent investment | ||||||
19 | management to achieve an adequate
return so that | ||||||
20 | obligations to insureds are adequately met and financial
| ||||||
21 | strength is sufficient to cover reasonably foreseeable | ||||||
22 | contingencies.
| ||||||
23 | B. Scope.
This Article shall apply only to investments and | ||||||
24 | investment practices of
domestic insurers and United States | ||||||
25 | branches of non-domestic alien insurers entered through
this |
| |||||||
| |||||||
1 | State. This Article shall not apply to separate accounts of an | ||||||
2 | insurer
except to the extent that the provisions of Article | ||||||
3 | XIV 1/2 so provide.
| ||||||
4 | (Source: P.A. 90-418, eff. 8-15-97.)
| ||||||
5 | (215 ILCS 5/126.12)
| ||||||
6 | Sec. 126.12. Insurer investment pools.
| ||||||
7 | A. An insurer may acquire investments in investment pools | ||||||
8 | that:
| ||||||
9 | (1) Invest only in:
| ||||||
10 | (a) Obligations that are rated 1 or 2 by the SVO or | ||||||
11 | have an equivalent
of an SVO 1 or 2 rating (or, in the | ||||||
12 | absence of a 1 or 2 rating or
equivalent rating, the | ||||||
13 | issuer has outstanding obligations with an
SVO 1 or 2 | ||||||
14 | or equivalent rating) by a nationally recognized
| ||||||
15 | statistical rating organization recognized by the SVO | ||||||
16 | and have:
| ||||||
17 | (i) A remaining maturity of 397 days or less | ||||||
18 | or a put that
entitles the holder to receive the | ||||||
19 | principal amount of the
obligation which put may | ||||||
20 | be exercised through maturity at
specified | ||||||
21 | intervals not exceeding 397 days; or
| ||||||
22 | (ii) A remaining maturity of 3 years or less | ||||||
23 | and a
floating interest rate that resets no less | ||||||
24 | frequently than
quarterly on the basis of a | ||||||
25 | current short-term index (federal
funds, prime |
| |||||||
| |||||||
1 | rate, treasury bills, London InterBank Offered
| ||||||
2 | Rate (LIBOR) or commercial paper) and is subject | ||||||
3 | to no
maximum limit, if the obligations do not | ||||||
4 | have an interest
rate that varies inversely to | ||||||
5 | market interest rate changes;
| ||||||
6 | (b) Government money market mutual funds or class | ||||||
7 | one money
market mutual funds; or
| ||||||
8 | (c) Securities lending, repurchase, and reverse | ||||||
9 | repurchase transactions
that meet all the requirements | ||||||
10 | of Section 126.16, except the quantitative
limitations | ||||||
11 | of Section 126.16D; or
| ||||||
12 | (2) Invest only in investments which an insurer may | ||||||
13 | acquire under this
Article, if the insurer's proportionate | ||||||
14 | interest in the amount invested in
these investments when | ||||||
15 | combined with amount of such investments made
directly or | ||||||
16 | indirectly through an investment subsidiary or other | ||||||
17 | insurer
investment pool permitted under this subsection | ||||||
18 | A(2) does not exceed the
applicable limits of this Article | ||||||
19 | for such investments.
| ||||||
20 | B. For an investment in an investment pool to be qualified | ||||||
21 | under this
Article, the investment pool shall not:
| ||||||
22 | (1) Acquire securities issued, assumed, guaranteed or | ||||||
23 | insured by the
insurer or an affiliate of the insurer;
| ||||||
24 | (2) Borrow or incur any indebtedness for borrowed | ||||||
25 | money, except for
securities lending and reverse | ||||||
26 | repurchase transactions that meet the
requirements of |
| |||||||
| |||||||
1 | Section 126.16 except the quantitative limitations of | ||||||
2 | Section
126.16D; or
| ||||||
3 | (3) Acquire an investment if, as a result of such | ||||||
4 | transaction, the
aggregate value of securities then loaned | ||||||
5 | or sold to, purchased from or
invested in any one business | ||||||
6 | entity under this Section would exceed 10% of the
total | ||||||
7 | assets of the investment pool.
| ||||||
8 | C. The limitations of Section 126.10A shall not apply to | ||||||
9 | an insurer's
investment in an investment pool, however an | ||||||
10 | insurer shall not acquire an
investment in an investment pool | ||||||
11 | under this Section if, as a result of and
after giving effect | ||||||
12 | to the investment, the aggregate amount of investments then
| ||||||
13 | held by the insurer under this Section:
| ||||||
14 | (1) In all investment pools investing in investments | ||||||
15 | permitted under
subsection A(2) of this Section would | ||||||
16 | exceed 25% of its admitted assets; or
| ||||||
17 | (2) In all investment pools would exceed 35% of its | ||||||
18 | admitted assets.
| ||||||
19 | D. For an investment in an investment pool to be qualified | ||||||
20 | under this
Article, the manager of the investment pool shall:
| ||||||
21 | (1) Be organized under the laws of the United States | ||||||
22 | or a state and
designated as the pool manager in a pooling | ||||||
23 | agreement;
| ||||||
24 | (2) Be the insurer, an affiliated insurer or a | ||||||
25 | business entity affiliated
with the
insurer, a qualified | ||||||
26 | bank, a business entity registered under the Investment |
| |||||||
| |||||||
1 | Advisers
Act of 1940 (15 U.S.C. 80a-1 et seq.), as amended | ||||||
2 | or, in the
case of a reciprocal insurer or interinsurance | ||||||
3 | exchange, its attorney-in-fact,
or in the case of a United | ||||||
4 | States branch of a non-domestic an alien insurer, its | ||||||
5 | United
States manager or an affiliate or subsidiary of its | ||||||
6 | United States manager;
| ||||||
7 | (3) Be responsible for the compilation and maintenance | ||||||
8 | of detailed
accounting records setting forth:
| ||||||
9 | (a) The cash receipts and disbursements reflecting | ||||||
10 | each participant's
proportionate investment in the | ||||||
11 | investment pool;
| ||||||
12 | (b) A complete description of all underlying | ||||||
13 | assets of the investment
pool (including amount, | ||||||
14 | interest rate, maturity date (if any) and
other | ||||||
15 | appropriate designations); and
| ||||||
16 | (c) Other records which, on a daily basis, allow | ||||||
17 | third parties to verify
each participant's investment | ||||||
18 | in the investment pool; and
| ||||||
19 | (4) Maintain the assets of the investment pool in one | ||||||
20 | or more accounts, in
the name of or on behalf of the | ||||||
21 | investment pool, under a custody agreement
with a | ||||||
22 | qualified bank. The custody agreement shall:
| ||||||
23 | (a) State and recognize the claims and rights of | ||||||
24 | each participant;
| ||||||
25 | (b) Acknowledge that the underlying assets of the | ||||||
26 | investment pool are
held solely for the benefit of |
| |||||||
| |||||||
1 | each participant in proportion to the
aggregate amount | ||||||
2 | of its investments in the investment pool; and
| ||||||
3 | (c) Contain an agreement that the underlying | ||||||
4 | assets of the investment
pool shall not be commingled | ||||||
5 | with the general assets of the
custodian qualified | ||||||
6 | bank or any other person.
| ||||||
7 | E. The pooling agreement for each investment pool shall be | ||||||
8 | in writing and
shall provide that:
| ||||||
9 | (1) An insurer and its affiliated insurers or, in the | ||||||
10 | case of an
investment
pool investing solely in investments | ||||||
11 | permitted under subsection A(1) of this
Section, the | ||||||
12 | insurer and its subsidiaries, affiliates or any pension or | ||||||
13 | profit
sharing plan of the insurer, its subsidiaries and | ||||||
14 | affiliates or, in the case of
a United States branch of a | ||||||
15 | non-domestic an alien insurer, affiliates or subsidiaries | ||||||
16 | of its
United States manager, shall, at all times, hold | ||||||
17 | 100% of the interests in the
investment pool;
| ||||||
18 | (2) The underlying assets of the investment pool shall | ||||||
19 | not be commingled
with the general assets of the pool | ||||||
20 | manager or any other person;
| ||||||
21 | (3) In proportion to the aggregate amount of each pool | ||||||
22 | participant's
interest in the investment pool:
| ||||||
23 | (a) Each participant owns an undivided interest in | ||||||
24 | the underlying
assets of the investment pool; and
| ||||||
25 | (b) The underlying assets of the investment pool | ||||||
26 | are held solely for the
benefit of each participant;
|
| |||||||
| |||||||
1 | (4) A participant, or in the event of the | ||||||
2 | participant's insolvency,
bankruptcy or
receivership, its | ||||||
3 | trustee, receiver or other successor-in-interest, may
| ||||||
4 | withdraw all or any portion of its investment from the | ||||||
5 | investment pool
under the terms of the pooling agreement;
| ||||||
6 | (5) Withdrawals may be made on demand without penalty | ||||||
7 | or other assessment
on any business day, but settlement of | ||||||
8 | funds shall occur within a
reasonable and customary period | ||||||
9 | thereafter not to exceed 10 business
days. Distributions | ||||||
10 | under this paragraph shall be calculated in each case
net | ||||||
11 | of all then applicable fees and expenses of the investment | ||||||
12 | pool. The
pooling agreement shall provide that the pool | ||||||
13 | manager shall distribute to a
participant, at the | ||||||
14 | discretion of the pool manager:
| ||||||
15 | (a) In cash, the then fair market value of the | ||||||
16 | participant's pro rata
share
of each underlying asset | ||||||
17 | of the investment pool;
| ||||||
18 | (b) In kind, a pro rata share of each underlying | ||||||
19 | asset; or
| ||||||
20 | (c) In a combination of cash and in kind | ||||||
21 | distributions, a pro rata share
in each underlying | ||||||
22 | asset; and
| ||||||
23 | (6) The pool manager shall make the records of the | ||||||
24 | investment pool
available
for inspection by the Director.
| ||||||
25 | F. Except for
the
formation of the investment pool, | ||||||
26 | transactions and
between a domestic insurer and an affiliated |
| |||||||
| |||||||
1 | insurer
investment pool shall not be subject to the | ||||||
2 | requirements of Section
131.20a of this Code.
| ||||||
3 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
4 | (215 ILCS 5/126.25)
| ||||||
5 | Sec. 126.25. Insurer investment pools.
| ||||||
6 | A. An insurer may acquire investments in investment pools | ||||||
7 | that:
| ||||||
8 | (1) Invest only in:
| ||||||
9 | (a) Obligations that are rated 1 or 2 by the SVO or | ||||||
10 | have an equivalent
of an SVO 1 or 2 rating (or, in the | ||||||
11 | absence of a 1 or 2 rating or
equivalent rating, the | ||||||
12 | issuer has outstanding obligations with an
SVO 1 or 2 | ||||||
13 | or equivalent rating) by a nationally recognized
| ||||||
14 | statistical rating organization recognized by the SVO | ||||||
15 | and have:
| ||||||
16 | (i) A remaining maturity of 397 days or less | ||||||
17 | or a put that
entitles the holder to receive the | ||||||
18 | principal amount of the
obligation which put may | ||||||
19 | be exercised through maturity at
specified | ||||||
20 | intervals not exceeding 397 days; or
| ||||||
21 | (ii) A remaining maturity of 3 years or less | ||||||
22 | and a
floating interest rate that resets no less | ||||||
23 | frequently than
quarterly on the basis of a | ||||||
24 | current short-term index (federal
funds, prime | ||||||
25 | rate, treasury bills, London InterBank Offered
|
| |||||||
| |||||||
1 | Rate (LIBOR) or commercial paper) and is subject | ||||||
2 | to no
maximum limit, if the obligations do not | ||||||
3 | have an interest
rate that varies inversely to | ||||||
4 | market interest rate changes;
| ||||||
5 | (b) Government money market mutual funds or class | ||||||
6 | one money
market mutual funds; or
| ||||||
7 | (c) Securities lending, repurchase, and reverse | ||||||
8 | repurchase, transactions
that meet all the | ||||||
9 | requirements of Section 126.29, except the | ||||||
10 | quantitative
limitations of Section 126.29D; or
| ||||||
11 | (2) Invest only in investments which an insurer may | ||||||
12 | acquire under this
Article, if the insurer's proportionate | ||||||
13 | interest in the amount invested in
these investments when | ||||||
14 | combined with amounts of such investments made
directly or | ||||||
15 | indirectly through an investment subsidiary or other | ||||||
16 | insurer
investment pool permitted under this subsection | ||||||
17 | A(2) does not exceed the
applicable limits of this Article | ||||||
18 | for such investments.
| ||||||
19 | B. For an investment in an investment pool to be qualified | ||||||
20 | under this
Article, the investment pool shall not:
| ||||||
21 | (1) Acquire securities issued, assumed, guaranteed, or | ||||||
22 | insured by the
insurer or an affiliate of the insurer;
| ||||||
23 | (2) Borrow or incur any indebtedness for borrowed | ||||||
24 | money, except for
securities lending and reverse | ||||||
25 | repurchase transactions that meet the
requirements of | ||||||
26 | Section 126.29 except the quantitative limitations of |
| |||||||
| |||||||
1 | Section
126.29D; or
| ||||||
2 | (3) Acquire an investment if, as a result of such | ||||||
3 | transaction, the
aggregate
value of securities then loaned | ||||||
4 | or sold to, purchased from or invested in
any one business | ||||||
5 | entity under this Section would exceed 10%
of the total | ||||||
6 | assets of the investment pool.
| ||||||
7 | C. The limitations of Section 126.23A shall not apply to | ||||||
8 | an insurer's
investment in an investment pool, however an | ||||||
9 | insurer shall not acquire an
investment in an investment pool | ||||||
10 | under this Section if, as a result of and
after giving effect | ||||||
11 | to the investment, the aggregate amount of investments then
| ||||||
12 | held by the insurer under this Section:
| ||||||
13 | (1) In all investment pools investing in investments | ||||||
14 | permitted under
subsection A(2) of this Section would | ||||||
15 | exceed 25% of
its admitted assets; or
| ||||||
16 | (2) In all investment pools would exceed 40% of its | ||||||
17 | admitted
assets.
| ||||||
18 | D. For an investment in an investment pool to be qualified | ||||||
19 | under this
Article, the manager of the investment pool shall:
| ||||||
20 | (1) Be organized under the laws of the United States | ||||||
21 | or a state and
designated as the pool manager in a pooling | ||||||
22 | agreement;
| ||||||
23 | (2) Be the insurer, an affiliated insurer or a | ||||||
24 | business entity affiliated
with the
insurer, a qualified | ||||||
25 | bank, a business entity registered under the Investment | ||||||
26 | Advisers
Act of 1940 (15 U.S.C. 80a-1 et seq.), as amended |
| |||||||
| |||||||
1 | or, in the
case of a reciprocal insurer or interinsurance | ||||||
2 | exchange, its attorney-in-fact,
or in the case of a United | ||||||
3 | States branch of a non-domestic an alien insurer, its | ||||||
4 | United
States manager or an affiliate or subsidiary of its | ||||||
5 | United States manager;
| ||||||
6 | (3) Be responsible for the compilation and maintenance | ||||||
7 | of detailed
accounting records setting forth:
| ||||||
8 | (a) The cash receipts and disbursements reflecting | ||||||
9 | each participant's
proportionate investment in the | ||||||
10 | investment pool;
| ||||||
11 | (b) A complete description of all underlying | ||||||
12 | assets of the investment
pool (including amount, | ||||||
13 | interest rate, maturity date (if any) and
other | ||||||
14 | appropriate designations); and
| ||||||
15 | (c) Other records which, on a daily basis, allow | ||||||
16 | third parties to verify
each participant's investment | ||||||
17 | in the investment pool; and
| ||||||
18 | (4) Maintain the assets of the investment pool in one | ||||||
19 | or more accounts, in
the name of or on behalf of the | ||||||
20 | investment pool, under a custody agreement with
a | ||||||
21 | qualified bank. The custody agreement shall:
| ||||||
22 | (a) State and recognize the claims and rights of | ||||||
23 | each participant;
| ||||||
24 | (b) Acknowledge that the underlying assets of the | ||||||
25 | investment pool are
held solely for the benefit of | ||||||
26 | each participant in proportion to the
aggregate amount |
| |||||||
| |||||||
1 | of its investments in the investment pool; and
| ||||||
2 | (c) Contain an agreement that the underlying | ||||||
3 | assets of the investment
pool shall not be commingled | ||||||
4 | with the general assets of the
custodian qualified | ||||||
5 | bank or any other person.
| ||||||
6 | E. The pooling agreement for each investment pool shall be | ||||||
7 | in writing and
shall provide that:
| ||||||
8 | (1) An insurer and its affiliated insurers or, in the | ||||||
9 | case of an
investment pool investing solely in investments | ||||||
10 | permitted under subsection A(1)
of this Section, the | ||||||
11 | insurer and its subsidiaries, affiliates or any pension or
| ||||||
12 | profit
sharing plan of the insurer, its subsidiaries and | ||||||
13 | affiliates or, in the case of
a United States branch of a | ||||||
14 | non-domestic an alien insurer, affiliates or subsidiaries | ||||||
15 | of its
United States manager, shall, at all times, hold | ||||||
16 | 100% of the interests in the
investment pool;
| ||||||
17 | (2) The underlying assets of the investment pool shall | ||||||
18 | not be commingled
with the general assets of the pool | ||||||
19 | manager or any other person;
| ||||||
20 | (3) In proportion to the aggregate amount of each pool | ||||||
21 | participant's
interest in
the investment pool:
| ||||||
22 | (a) Each participant owns an undivided interest in | ||||||
23 | the underlying
assets of the investment pool; and
| ||||||
24 | (b) The underlying assets of the investment pool | ||||||
25 | are held solely for the
benefit of each participant;
| ||||||
26 | (4) A participant, or in the event of the |
| |||||||
| |||||||
1 | participant's insolvency,
bankruptcy or
receivership, its | ||||||
2 | trustee, receiver or other successor-in-interest, may
| ||||||
3 | withdraw all or any portion of its investment from the | ||||||
4 | investment pool
under the terms of the pooling agreement;
| ||||||
5 | (5) Withdrawals may be made on demand without penalty | ||||||
6 | or other assessment
on any business day, but settlement of | ||||||
7 | funds shall occur within a
reasonable and customary period | ||||||
8 | thereafter not to exceed 10 business
days. Distributions | ||||||
9 | under this paragraph shall be calculated in each case
net | ||||||
10 | of all then applicable fees and expenses of the investment | ||||||
11 | pool. The
pooling agreement shall provide that the pool | ||||||
12 | manager shall distribute to a
participant, at the | ||||||
13 | discretion of the pool manager:
| ||||||
14 | (a) In cash, the then fair market value of the | ||||||
15 | participant's pro rata
share of each underlying asset | ||||||
16 | of the investment pool;
| ||||||
17 | (b) In kind, a pro rata share of each underlying | ||||||
18 | asset; or
| ||||||
19 | (c) In a combination of cash and in kind | ||||||
20 | distributions, a pro rata share
in each underlying | ||||||
21 | asset; and
| ||||||
22 | (6) The pool manager shall make the records of the | ||||||
23 | investment pool
available for inspection by the Director.
| ||||||
24 | F. Except for the formation of the investment pool, | ||||||
25 | transactions between a
domestic insurer and an affiliated | ||||||
26 | insurer
investment pool shall not be subject to the |
| |||||||
| |||||||
1 | requirements of Section
131.20a of this Code.
| ||||||
2 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
3 | (215 ILCS 5/131.13) (from Ch. 73, par. 743.13)
| ||||||
4 | Sec. 131.13. Registration of companies. Every company | ||||||
5 | which is authorized to do business in this State and which
is a | ||||||
6 | member of an insurance holding company system must register | ||||||
7 | with the
Director, except a foreign or non-domestic alien | ||||||
8 | company subject to registration
requirements and standards | ||||||
9 | adopted by statute or regulation in the
jurisdiction of its | ||||||
10 | domicile which are substantially similar to those
contained in | ||||||
11 | this section and Sections 131.14 through 131.20a. Any company
| ||||||
12 | which is subject to registration under this section must | ||||||
13 | register within 60
days after the effective date of this | ||||||
14 | Article or 15 days after it becomes
subject to registration, | ||||||
15 | whichever is later, unless the Director for good
cause shown | ||||||
16 | extends the time for registration, and then within such
| ||||||
17 | extended time. The Director may require any authorized company | ||||||
18 | which is a
member of a holding company system which is not | ||||||
19 | subject to registration
under this section to furnish a copy | ||||||
20 | of the registration statement or other
information filed by | ||||||
21 | such company with the insurance regulatory authority
of its | ||||||
22 | domiciliary jurisdiction.
| ||||||
23 | (Source: P.A. 98-609, eff. 1-1-14.)
| ||||||
24 | (215 ILCS 5/132.3) (from Ch. 73, par. 744.3)
|
| |||||||
| |||||||
1 | Sec. 132.3. Authority, scope, and scheduling of | ||||||
2 | examinations.
| ||||||
3 | (a) The Director or any of his examiners may conduct an | ||||||
4 | examination of
any company as often as the Director, in his | ||||||
5 | sole discretion, deems
appropriate, but shall, at a minimum, | ||||||
6 | conduct an examination of every
insurer authorized or licensed | ||||||
7 | in this State not less frequently than once
every 5 years. In | ||||||
8 | scheduling and determining the nature, scope, and
frequency of | ||||||
9 | the examinations, the Director shall consider the results of
| ||||||
10 | financial statement analyses and ratios, changes in management | ||||||
11 | or
ownership, actuarial opinions, reports of independent | ||||||
12 | certified public
accountants and other criteria set forth in | ||||||
13 | the Examiners' Handbook adopted
by the National Association of | ||||||
14 | Insurance Commissioners and in effect when
the Director | ||||||
15 | exercises discretion under this subsection.
| ||||||
16 | (b) For purposes of completing an examination of any | ||||||
17 | company, the
Director may examine or investigate any person, | ||||||
18 | or the business of any
person, insofar as the examination or | ||||||
19 | investigation is, in the sole
discretion of the Director, | ||||||
20 | necessary or material to the examination of the
company.
| ||||||
21 | (c) In lieu of an examination of any foreign or | ||||||
22 | non-domestic alien insurer authorized
or licensed in this
| ||||||
23 | State, the Director may accept an examination report on the | ||||||
24 | company as
prepared by the insurance department for the | ||||||
25 | company's state of domicile or
port-of-entry state until | ||||||
26 | January 1, 1994. Thereafter, those reports may
only be |
| |||||||
| |||||||
1 | accepted if (1) the insurance department was at the time of the
| ||||||
2 | examination accredited under the National Association of | ||||||
3 | Insurance
Commissioners' Financial Regulation Standards and | ||||||
4 | Accreditation Program,
(2) the examination is performed under | ||||||
5 | the supervision of an accredited
insurance department or with | ||||||
6 | the participation of one or more examiners
who are employed by | ||||||
7 | an accredited state insurance department, and who,
after a | ||||||
8 | review of the examination work papers and report, state under | ||||||
9 | oath
that the examination was performed in a manner consistent | ||||||
10 | with the
standards and procedures required by their insurance | ||||||
11 | department, or (3) the
Director otherwise determines that the | ||||||
12 | examination was performed in a manner
substantially similar to | ||||||
13 | the standards and procedures required by Sections
132.1 | ||||||
14 | through 132.6 of this Code.
| ||||||
15 | (Source: P.A. 89-97, eff. 7-7-95.)
| ||||||
16 | (215 ILCS 5/133) (from Ch. 73, par. 745)
| ||||||
17 | Sec. 133. Books, records, accounts and vouchers.
| ||||||
18 | (1) Every domestic company shall keep its books, records, | ||||||
19 | documents,
accounts and vouchers in such manner that its | ||||||
20 | financial condition,
affairs and operations can be
ascertained | ||||||
21 | and so that its financial statements filed with the Director
| ||||||
22 | can be readily verified and its compliance with the law | ||||||
23 | determined and may
cause any or all such books, records, | ||||||
24 | documents, accounts and vouchers to
be photographed or | ||||||
25 | reproduced on film. Any such photographs,
microphotographs, |
| |||||||
| |||||||
1 | optical imaging, or film reproductions of any original
books, | ||||||
2 | records,
documents, accounts and vouchers shall for all | ||||||
3 | purposes be considered the
same as the originals thereof and a | ||||||
4 | transcript, exemplification or
certified copy of any such | ||||||
5 | photograph, microphotograph, optical imaging, or
film | ||||||
6 | reproduction
shall for all purposes be deemed to be a | ||||||
7 | transcript, exemplification or
certified copy of the original. | ||||||
8 | Any original so reproduced may thereafter
be disposed of or | ||||||
9 | destroyed if provision is made for preserving and
examining | ||||||
10 | such reproductions.
| ||||||
11 | (2) All such original books, records, documents, accounts | ||||||
12 | and vouchers,
or such reproductions thereof, of the home | ||||||
13 | office of any domestic company
or of any principal United | ||||||
14 | States office of a foreign or non-domestic alien company
| ||||||
15 | located in this State shall be preserved and kept available in | ||||||
16 | this State
for the purpose of examination and until authority | ||||||
17 | to destroy or otherwise
dispose of such records is secured | ||||||
18 | from the Director. Such original records
may, however, be kept | ||||||
19 | and maintained outside this State if, according to a
plan | ||||||
20 | adopted by the company's board of directors and approved by | ||||||
21 | the
Director, it maintains suitable records in lieu thereof. | ||||||
22 | Every domestic
company shall keep its securities within the | ||||||
23 | State of Illinois except where:
| ||||||
24 | (a) on deposit with other states of the United States | ||||||
25 | of America, or
political subdivision thereof; or
| ||||||
26 | (b) on deposit with foreign countries where the |
| |||||||
| |||||||
1 | company is licensed to
transact an insurance business; or
| ||||||
2 | (c) where requisite for the normal transaction of the | ||||||
3 | company's business
and approved by the Director.
| ||||||
4 | (3) Any domestic company may maintain with a corporation, | ||||||
5 | qualified to
administer trusts in this State under the | ||||||
6 | Corporate Fiduciary Act and that
has an
office in this State at | ||||||
7 | which the account is maintained,
for its securities, a limited
| ||||||
8 | agency, custodial or depository account, or other type of | ||||||
9 | account for the
safekeeping of those securities, collecting | ||||||
10 | the income from those securities
and providing supportive | ||||||
11 | accounting services relating to such safekeeping
and | ||||||
12 | collection, provided, the domestic company maintains full | ||||||
13 | investment
discretion over those securities. Such a | ||||||
14 | corporation in safekeeping such
securities shall have all the | ||||||
15 | powers, rights, duties and responsibilities
as it has for | ||||||
16 | holding securities in its fiduciary accounts under the
| ||||||
17 | Securities in Fiduciary Accounts Act.
| ||||||
18 | (4) Any director, officer, agent or employee of any | ||||||
19 | company who destroys
any such books, records or documents | ||||||
20 | without the authority of the Director
in violation of this | ||||||
21 | section or who fails to keep the books, records,
documents, | ||||||
22 | accounts and vouchers required by this section shall be guilty
| ||||||
23 | of a business offense and shall be fined not more than | ||||||
24 | $5000.00.
| ||||||
25 | (Source: P.A. 88-364; 89-437, eff. 12-15-95.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/136) (from Ch. 73, par. 748)
| ||||||
2 | Sec. 136. Annual statement.
| ||||||
3 | (1) Every company authorized to do business in this State | ||||||
4 | or accredited by
this State shall submit to the Director by | ||||||
5 | March 1st in each year
its financial statement for the year | ||||||
6 | ending December 31st immediately preceding in such manner and | ||||||
7 | in such form as
prescribed by the Director, which shall | ||||||
8 | conform substantially to the
form of statement adopted by the | ||||||
9 | National Association of Insurance
Commissioners. Unless the | ||||||
10 | Director provides otherwise, the annual statement is
to be | ||||||
11 | prepared in accordance with the annual statement instructions | ||||||
12 | and the
Accounting Practices and Procedures Manual adopted by | ||||||
13 | the National Association
of Insurance Commissioners. The | ||||||
14 | Director shall have power to make such
modifications and | ||||||
15 | additions in this form as he may deem desirable
or necessary to | ||||||
16 | ascertain the condition and affairs of the company. The
| ||||||
17 | Director shall have authority to extend the time for filing | ||||||
18 | any statement by
any company for reasons which he considers | ||||||
19 | good and sufficient. In every
statement the admitted assets | ||||||
20 | shall be shown at the actual values as of the
last day of the | ||||||
21 | preceding year, in accordance with Section 126.7.
The | ||||||
22 | statement
shall be verified by oaths of the president and | ||||||
23 | secretary of the company or, in
their absence, by 2 other | ||||||
24 | principal officers. In addition, any company may be
required | ||||||
25 | by the Director, when he considers that action to be necessary | ||||||
26 | and
appropriate for the protection of policyholders, |
| |||||||
| |||||||
1 | creditors, shareholders, or
claimants, to file, within 60 days | ||||||
2 | after mailing to the company a notice that
such is required, a | ||||||
3 | supplemental summary statement as of the last day of any
| ||||||
4 | calendar month occurring during the 100 days next preceding | ||||||
5 | the mailing of such
notice designated by him on forms | ||||||
6 | prescribed and furnished by the Director. The
Director may | ||||||
7 | require supplemental summary statements to be certified by an
| ||||||
8 | independent actuary deemed competent by the Director or by an | ||||||
9 | independent
certified public accountant.
| ||||||
10 | (2) The statement of a non-domestic an alien company shall | ||||||
11 | embrace only its
condition and transactions in the United | ||||||
12 | States and shall be verified by
the oaths of its resident | ||||||
13 | manager or principal representative in the
United States, | ||||||
14 | except that in the case of any life company organized
under the | ||||||
15 | laws of Canada or any province thereof, the statement may be
| ||||||
16 | verified by the oaths of any of its principal officers | ||||||
17 | designated for
that purpose by its board of directors.
| ||||||
18 | (3) For the information of the public generally the | ||||||
19 | Director shall
cause an abstract of the information contained | ||||||
20 | in the annual statement
to be made available to the public as | ||||||
21 | soon as practicable after filing
with the Department, by | ||||||
22 | printing those abstracts in pamphlet tabular form
for free | ||||||
23 | general distribution by the Department, or by such other
| ||||||
24 | publication in the city of Springfield or in the city of | ||||||
25 | Chicago as may
be reasonably necessary more fully to inform | ||||||
26 | the public of the financial
condition of companies transacting |
| |||||||
| |||||||
1 | business in this State.
| ||||||
2 | (4) Each domestic, foreign, and non-domestic alien insurer | ||||||
3 | authorized to
do business in this State or accredited by this | ||||||
4 | State shall participate
in the National Association of | ||||||
5 | Insurance Commissioners' Insurance Regulatory
Information | ||||||
6 | System, including the payment of all fees and charges of the
| ||||||
7 | system. Each company shall, on or before March 1 of each year, | ||||||
8 | file with the
National Association of Insurance Commissioners | ||||||
9 | a copy of its annual financial
statement along with any | ||||||
10 | additional filings prescribed by the Director for the
| ||||||
11 | preceding year. The statement filed with the National | ||||||
12 | Association of Insurance
Commissioners shall be in the same | ||||||
13 | format and scope as that required by this
Code and shall | ||||||
14 | include a signed jurat page and actuarial certification. Any
| ||||||
15 | amendments and addendums to the annual statement shall also be | ||||||
16 | filed with the
National Association of Insurance | ||||||
17 | Commissioners. Each company shall also file
with the National | ||||||
18 | Association of Insurance Commissioners annual and quarterly
| ||||||
19 | financial statement information in computer readable format as | ||||||
20 | required by the
Insurance Regulatory Information System.
| ||||||
21 | Failure of a company to file financial statement information | ||||||
22 | in computer
readable format shall subject the company to the | ||||||
23 | provisions of Section 139.
| ||||||
24 | (5) All financial analysis ratios and examination synopsis | ||||||
25 | concerning
insurance companies that are submitted to the | ||||||
26 | Director by the National
Association of Insurance |
| |||||||
| |||||||
1 | Commissioners' Insurance Regulatory Information
System are | ||||||
2 | confidential and may not be disclosed by the Director.
| ||||||
3 | (6) Every property and casualty insurance company doing | ||||||
4 | business in this State, unless otherwise exempted by the | ||||||
5 | Director, shall annually submit the opinion of an appointed | ||||||
6 | actuary entitled "Statement of Actuarial Opinion". This | ||||||
7 | opinion shall be filed in accordance with the appropriate | ||||||
8 | National Association of Insurance Commissioners Property and | ||||||
9 | Casualty Annual Statement Instructions. | ||||||
10 | (a) Every property and casualty insurance company | ||||||
11 | domiciled in this State that is required to submit a | ||||||
12 | Statement of Actuarial Opinion shall annually submit an | ||||||
13 | Actuarial Opinion Summary, written by the company's | ||||||
14 | appointed actuary. This Actuarial Opinion Summary shall be | ||||||
15 | filed in accordance with the appropriate National | ||||||
16 | Association of Insurance Commissioners Property and | ||||||
17 | Casualty Annual Statement Instructions and shall be | ||||||
18 | considered as a document supporting the Actuarial Opinion | ||||||
19 | required in this subsection (6). Each foreign and | ||||||
20 | non-domestic alien property and casualty company | ||||||
21 | authorized to do business in this State shall provide the | ||||||
22 | Actuarial Opinion Summary upon request. | ||||||
23 | (b) An Actuarial Report and underlying workpapers as | ||||||
24 | required by the appropriate National Association of | ||||||
25 | Insurance Commissioners Property and Casualty Annual | ||||||
26 | Statement Instructions shall be prepared to support each |
| |||||||
| |||||||
1 | Actuarial Opinion. If the insurance company fails to | ||||||
2 | provide a supporting Actuarial Report or workpapers at the | ||||||
3 | request of the Director or the Director determines that | ||||||
4 | the supporting Actuarial Report or workpapers provided by | ||||||
5 | the insurance company is otherwise unacceptable to the | ||||||
6 | Director, the Director may engage a qualified actuary at | ||||||
7 | the expense of the company to review the opinion and the | ||||||
8 | basis for the opinion and prepare the supporting Actuarial | ||||||
9 | Report or workpapers. | ||||||
10 | (c) The appointed actuary shall not be liable for | ||||||
11 | damages to any person (other than the insurance company | ||||||
12 | and the Director) for any act, error, omission, decision, | ||||||
13 | or conduct with respect to the actuary's opinion, except | ||||||
14 | in cases of fraud or willful misconduct on the part of the | ||||||
15 | appointed actuary. | ||||||
16 | (d) The Statement of Actuarial Opinion shall be | ||||||
17 | provided with the Annual Statement in accordance with the | ||||||
18 | appropriate National Association of Insurance | ||||||
19 | Commissioners Property and Casualty Annual Statement | ||||||
20 | Instructions and shall be treated as a public document. | ||||||
21 | Documents, materials, or other information in the | ||||||
22 | possession or control of the Director that are considered | ||||||
23 | an Actuarial Report, workpapers, or Actuarial Opinion | ||||||
24 | Summary provided in support of the opinion, and any other | ||||||
25 | material provided by the company to the Director in | ||||||
26 | connection with the Actuarial Report, workpapers or |
| |||||||
| |||||||
1 | Actuarial Opinion Summary, must be given confidential | ||||||
2 | treatment, are not subject to subpoena, and may not be | ||||||
3 | made public by the Director or any other persons. This | ||||||
4 | paragraph (d) shall not be construed to limit the | ||||||
5 | Director's authority to release the documents to the | ||||||
6 | Actuarial Board for Counseling and Discipline (ABCD), so | ||||||
7 | long as the material is required for the purpose of | ||||||
8 | professional disciplinary proceedings and that the ABCD | ||||||
9 | establishes procedures satisfactory to the Director for | ||||||
10 | preserving the confidentiality of the documents, nor shall | ||||||
11 | this paragraph (d) be construed to limit the Director's | ||||||
12 | authority to use the documents, materials or other | ||||||
13 | information in furtherance of any regulatory or legal | ||||||
14 | action brought as part of the Director's official duties. | ||||||
15 | Neither the Director nor any person who received | ||||||
16 | documents, materials, or other information while acting | ||||||
17 | under the authority of the Director shall be permitted or | ||||||
18 | required to testify in any private civil action concerning | ||||||
19 | any confidential documents, materials, or information | ||||||
20 | subject to this subsection (6). Except where another | ||||||
21 | provision of this Code expressly prohibits a disclosure of | ||||||
22 | confidential information to the specific officials or | ||||||
23 | organizations described in this subsection, the Director | ||||||
24 | may: | ||||||
25 | (i) share documents, materials, or other | ||||||
26 | information, including the confidential and privileged |
| |||||||
| |||||||
1 | documents, materials or information subject to this | ||||||
2 | paragraph (d) with the insurance department of any | ||||||
3 | other state or country or with law enforcement | ||||||
4 | officials of this or any other state or agency of the | ||||||
5 | federal government at any time, as long as the agency | ||||||
6 | or office receiving the document, material, or other | ||||||
7 | information agrees in writing to hold it confidential | ||||||
8 | and in a manner consistent with this Code; | ||||||
9 | (ii) receive documents, materials, or information, | ||||||
10 | including otherwise confidential and privileged | ||||||
11 | documents, materials, or information, from the | ||||||
12 | National Association of Insurance Commissioners and | ||||||
13 | its affiliates and subsidiaries, and from regulatory | ||||||
14 | and law enforcement officials of other foreign or | ||||||
15 | domestic jurisdictions, and shall maintain as | ||||||
16 | confidential or privileged any document, material, or | ||||||
17 | information received with notice or the understanding | ||||||
18 | that it is confidential or privileged under the laws | ||||||
19 | of the jurisdiction that is the source of the | ||||||
20 | document, material, or information; and | ||||||
21 | (iii) enter into agreements governing sharing and | ||||||
22 | use of information consistent with paragraph (d). | ||||||
23 | (e) No waiver of any applicable privilege or claim of | ||||||
24 | confidentiality in the documents, materials or information | ||||||
25 | shall occur as a result of disclosure to the Director | ||||||
26 | under this Section or as a result of sharing as authorized |
| |||||||
| |||||||
1 | in subparagraphs (i), (ii), and (iii) of paragraph (d) of | ||||||
2 | subsection (6) of this Section.
All 2008 Annual | ||||||
3 | Statements, which are filed in 2009, and all subsequent | ||||||
4 | Annual Statement filings shall be done in accordance with | ||||||
5 | subsection (6) of this Section. | ||||||
6 | (Source: P.A. 96-145, eff. 8-7-09; 97-486, eff. 1-1-12.)
| ||||||
7 | (215 ILCS 5/141a) (from Ch. 73, par. 753a)
| ||||||
8 | Sec. 141a.
Managing general agents and retrospective | ||||||
9 | compensation
agreements.
| ||||||
10 | (a) As used in this Section, the following terms have the | ||||||
11 | following
meanings:
| ||||||
12 | "Actuary" means a person who is a member in good standing | ||||||
13 | of the American
Academy of Actuaries.
| ||||||
14 | "Gross direct written premium" means direct premium | ||||||
15 | including policy and
membership fees, net of returns and | ||||||
16 | cancellations, and prior to any cessions.
| ||||||
17 | "Insurer" means any person duly licensed in this State as | ||||||
18 | an insurance
company pursuant to Articles II, III, III 1/2, | ||||||
19 | IV, V, VI, and
XVII of this Code.
| ||||||
20 | "Managing general agent" means any person, firm, | ||||||
21 | association, or
corporation, either separately or together | ||||||
22 | with affiliates, that:
| ||||||
23 | (1) manages all or part of the insurance business of | ||||||
24 | an insurer
(including the management of a separate | ||||||
25 | division, department, or
underwriting office), and
|
| |||||||
| |||||||
1 | (2) acts as an agent for the insurer whether known as a | ||||||
2 | managing
general agent, manager, or other similar term, | ||||||
3 | and
| ||||||
4 | (3) with or without the authority produces, directly | ||||||
5 | or indirectly, and underwrites:
| ||||||
6 | (A) within any one calendar quarter, an amount of | ||||||
7 | gross direct
written premium equal to or more than 5% | ||||||
8 | of the policyholders' surplus as
reported in the | ||||||
9 | insurer's last annual statement, or
| ||||||
10 | (B) within any one calendar year, an amount of | ||||||
11 | gross direct written
premium equal to or more than 8% | ||||||
12 | of the policyholders' surplus as reported
in the | ||||||
13 | insurer's last annual statement, and either
| ||||||
14 | (4) has the authority to bind the company in | ||||||
15 | settlement of individual claims in amounts in excess of | ||||||
16 | $500, or
| ||||||
17 | (5) has the authority to negotiate reinsurance on
| ||||||
18 | behalf of the insurer.
| ||||||
19 | Notwithstanding the provisions of items (1) through (5), | ||||||
20 | the following
persons shall not be considered to be managing | ||||||
21 | general agents for the
purposes of this Code:
| ||||||
22 | (1) An employee of the insurer;
| ||||||
23 | (2) A U.S. manager of the United States branch of a | ||||||
24 | non-domestic an alien insurer;
| ||||||
25 | (3) An underwriting manager who, pursuant to a | ||||||
26 | contract meeting the
standards of Section 141.1 manages
|
| |||||||
| |||||||
1 | all or part of the insurance operations of the insurer, is
| ||||||
2 | affiliated with the
insurer, subject to Article VIII 1/2, | ||||||
3 | and whose
compensation is not
based on the volume of | ||||||
4 | premiums written;
| ||||||
5 | (4) The attorney or the attorney in fact authorized | ||||||
6 | and acting for or on
behalf of the subscriber | ||||||
7 | policyholders of a reciprocal or inter-insurance
exchange, | ||||||
8 | under the terms of the subscription agreement, power of | ||||||
9 | attorney, or
policy of insurance or the attorney in fact | ||||||
10 | for any Lloyds organization
licensed in this State.
| ||||||
11 | "Retrospective compensation
agreement" means any | ||||||
12 | arrangement, agreement, or contract having as its
purpose the | ||||||
13 | actual or constructive retention by the insurer of a fixed
| ||||||
14 | proportion of the gross premiums, with the balance of the | ||||||
15 | premiums,
retained actually or constructively by the agent or | ||||||
16 | the producer of the
business, who assumes to pay therefrom all | ||||||
17 | losses, all subordinate
commission, loss adjustment expenses, | ||||||
18 | and his profit, if any, with other
provisions of the | ||||||
19 | arrangement, agreement, or contract being auxiliary or
| ||||||
20 | incidental to that purpose.
| ||||||
21 | "Underwrite" means to accept or reject risk on behalf of | ||||||
22 | the insurer.
| ||||||
23 | (b) Licensure of managing general agents.
| ||||||
24 | (1) No person, firm, association, or corporation shall | ||||||
25 | act in the
capacity of a managing general agent with | ||||||
26 | respect to risks located in this
State for an insurer |
| |||||||
| |||||||
1 | licensed in this State unless the person is a licensed
| ||||||
2 | producer or a registered firm in this State under
Article | ||||||
3 | XXXI of this Code or a licensed third party administrator | ||||||
4 | in this
State under Article XXXI 1/4 of this Code.
| ||||||
5 | (2) No person, firm, association, or corporation shall | ||||||
6 | act in the
capacity of a managing general agent with | ||||||
7 | respect to risks located outside
this State for an insurer | ||||||
8 | domiciled in this State unless the person is
a licensed | ||||||
9 | producer or a registered firm in this State under Article | ||||||
10 | XXXI of this Code or a
licensed third party administrator | ||||||
11 | in this State under Article XXXI 1/4 of this
Code.
| ||||||
12 | (3) The managing general agent must provide a surety | ||||||
13 | bond for the benefit
of the insurer in an amount equal to | ||||||
14 | the greater of $100,000 or 5% of the gross
direct written | ||||||
15 | premium underwritten by the managing general agent on | ||||||
16 | behalf of
the insurer. The bond shall provide for a | ||||||
17 | discovery period and prior
notification of cancellation in | ||||||
18 | accordance with the rules of the Department
unless | ||||||
19 | otherwise approved in writing by the Director.
| ||||||
20 | (4) The managing general agent must maintain an errors | ||||||
21 | and omissions
policy
for the benefit of the insurer with | ||||||
22 | coverage in an amount equal to the greater
of $1,000,000 | ||||||
23 | or 5% of the gross direct written premium underwritten by | ||||||
24 | the
managing general agent on behalf of the insurer.
| ||||||
25 | (5) Evidence of the existence of the bond and the | ||||||
26 | errors and omissions
policy must be made available to the |
| |||||||
| |||||||
1 | Director upon his request.
| ||||||
2 | (c) No person, firm, association, or corporation acting in | ||||||
3 | the capacity
of a managing general agent shall place business | ||||||
4 | with an insurer unless
there is in force a written contract | ||||||
5 | between the parties that sets forth
the responsibilities of | ||||||
6 | each party, that, if both parties share
responsibility for a | ||||||
7 | particular function, specifies the division of
responsibility, | ||||||
8 | and that contains the following minimum provisions:
| ||||||
9 | (1) The insurer may terminate the contract for cause | ||||||
10 | upon written
notice to the managing general agent. The | ||||||
11 | insurer may suspend the underwriting
authority of the | ||||||
12 | managing general agent during the pendency of any dispute
| ||||||
13 | regarding the cause for termination.
| ||||||
14 | (2) The managing general agent shall render accounts | ||||||
15 | to the insurer
detailing all transactions and remit all | ||||||
16 | funds due under the contract to
the insurer on not less | ||||||
17 | than a monthly basis.
| ||||||
18 | (3) All funds collected for the account of an insurer | ||||||
19 | shall be held by
the managing general agent in a fiduciary | ||||||
20 | capacity in a bank that is a
federally or State chartered | ||||||
21 | bank and that is a member of the Federal
Deposit Insurance | ||||||
22 | Corporation. This account shall be used for all payments
| ||||||
23 | on behalf of the insurer; however, the managing general | ||||||
24 | agent shall not have
authority to draw on any other | ||||||
25 | accounts of the insurer. The managing general
agent may | ||||||
26 | retain no more
than 3 months estimated claims payments and |
| |||||||
| |||||||
1 | allocated loss adjustment
expenses.
| ||||||
2 | (4) Separate records of business written by the | ||||||
3 | managing general agent
will be maintained. The insurer | ||||||
4 | shall have access to and the right to copy all
accounts and | ||||||
5 | records related to its business in a form usable by the | ||||||
6 | insurer,
and the Director shall have access to all books, | ||||||
7 | bank accounts, and records of
the managing general agent | ||||||
8 | in a form usable to the Director.
| ||||||
9 | (5) The contract may not be assigned in whole or part | ||||||
10 | by the
managing general agent.
| ||||||
11 | (6) The managing general agent shall provide to the | ||||||
12 | company audited
financial statements required under | ||||||
13 | paragraph (1) of subsection (d).
| ||||||
14 | (7) That appropriate underwriting guidelines be | ||||||
15 | followed,
which guidelines shall stipulate the following:
| ||||||
16 | (A) the maximum annual premium volume;
| ||||||
17 | (B) the basis of the rates to be charged;
| ||||||
18 | (C) the types of risks that may be written;
| ||||||
19 | (D) maximum limits of liability;
| ||||||
20 | (E) applicable exclusions;
| ||||||
21 | (F) territorial limitations;
| ||||||
22 | (G) policy cancellation provisions; and
| ||||||
23 | (H) the maximum policy period.
| ||||||
24 | (8) The insurer shall have the right to: (i) cancel or | ||||||
25 | nonrenew any
policy of insurance subject to applicable | ||||||
26 | laws and regulations concerning
those actions; and (ii) |
| |||||||
| |||||||
1 | require cancellation of any subproducer's contract
after | ||||||
2 | appropriate notice.
| ||||||
3 | (9) If the contract permits the managing general agent | ||||||
4 | to
settle claims on behalf of the insurer:
| ||||||
5 | (A) all claims must be reported to the company in a | ||||||
6 | timely manner.
| ||||||
7 | (B) a copy of the claim file must be sent to the | ||||||
8 | insurer at its
request or as soon as it becomes known | ||||||
9 | that the claim:
| ||||||
10 | (i) has the potential to exceed an amount | ||||||
11 | determined by the company;
| ||||||
12 | (ii) involves a coverage dispute;
| ||||||
13 | (iii) may exceed the managing general agent's | ||||||
14 | claims
settlement authority;
| ||||||
15 | (iv) is open for more than 6 months; or
| ||||||
16 | (v) is closed by payment of an amount set by | ||||||
17 | the company.
| ||||||
18 | (C) all claim files will be the joint
property of | ||||||
19 | the insurer and the managing general agent. However, | ||||||
20 | upon an
order of liquidation of the insurer, the files | ||||||
21 | shall become the sole
property of the insurer or its | ||||||
22 | estate; the managing general agent shall
have | ||||||
23 | reasonable access to and the right to copy the files on | ||||||
24 | a timely basis.
| ||||||
25 | (D) any settlement authority granted to the | ||||||
26 | managing general agent
may be terminated for cause |
| |||||||
| |||||||
1 | upon the insurer's written notice to the
managing | ||||||
2 | general agent or upon the termination of the contract. | ||||||
3 | The
insurer may suspend the settlement authority | ||||||
4 | during the pendency of any
dispute regarding the cause | ||||||
5 | for termination.
| ||||||
6 | (10) Where electronic claims files are in existence, | ||||||
7 | the
contract must
address the timely transmission of the | ||||||
8 | data.
| ||||||
9 | (11) If the contract provides for a sharing of interim
| ||||||
10 | profits by the
managing general agent and the managing | ||||||
11 | general agent has the authority to
determine the amount of | ||||||
12 | the interim profits by establishing loss reserves,
| ||||||
13 | controlling claim payments, or by any other manner, | ||||||
14 | interim profits will
not be paid to the managing general | ||||||
15 | agent until one year after they are
earned for property | ||||||
16 | insurance business and until 5 years after they are
earned | ||||||
17 | on casualty business and in either case, not until the | ||||||
18 | profits have been
verified.
| ||||||
19 | (12) The managing general agent shall not:
| ||||||
20 | (A) Bind reinsurance or retrocessions on behalf of | ||||||
21 | the insurer,
except that the managing general agent | ||||||
22 | may bind facultative reinsurance
contracts under
| ||||||
23 | obligatory facultative agreements if the contract with | ||||||
24 | the insurer contains
reinsurance underwriting | ||||||
25 | guidelines including, for both reinsurance assumed
and | ||||||
26 | ceded, a list of reinsurers with which automatic |
| |||||||
| |||||||
1 | agreements are in
effect, the coverages and amounts or | ||||||
2 | percentages that may be reinsured, and
commission | ||||||
3 | schedules.
| ||||||
4 | (B) Appoint any producer without assuring that the | ||||||
5 | producer is
lawfully licensed to transact the type of | ||||||
6 | insurance for which he is appointed.
| ||||||
7 | (C) Without prior approval of the insurer, pay or | ||||||
8 | commit the insurer
to pay a claim over a specified | ||||||
9 | amount, net of reinsurance, that shall not
exceed 1% | ||||||
10 | of the insurer's policyholders' surplus as of December | ||||||
11 | 31 of the
last completed calendar year.
| ||||||
12 | (D) Collect any payment from a reinsurer or commit | ||||||
13 | the insurer to
any claim settlement with a reinsurer | ||||||
14 | without prior approval of the
insurer. If prior | ||||||
15 | approval is given, a report must be promptly forwarded | ||||||
16 | to
the insurer.
| ||||||
17 | (E) Permit its subproducer to serve on its board | ||||||
18 | of directors.
| ||||||
19 | (F) Employ an individual who is also employed by | ||||||
20 | the insurer.
| ||||||
21 | (13) The contract may not be written for a term of | ||||||
22 | greater than 5
years.
| ||||||
23 | (d) Insurers shall have the following duties:
| ||||||
24 | (1) The insurer shall have on file the managing | ||||||
25 | general agent's
audited financial
statements as of the end | ||||||
26 | of the most recent fiscal year prepared in
accordance with |
| |||||||
| |||||||
1 | Generally Accepted Accounting Principles. The insurer | ||||||
2 | shall
notify the Director if the auditor's opinion on | ||||||
3 | those statements is other than
an unqualified opinion. | ||||||
4 | That notice shall be given to the Director within 10
days | ||||||
5 | of receiving the audited financial statements or becoming | ||||||
6 | aware that such
opinion has been given.
| ||||||
7 | (2) If a managing general agent establishes loss | ||||||
8 | reserves, the insurer
shall annually obtain the opinion of | ||||||
9 | an actuary attesting to the adequacy
of loss reserves | ||||||
10 | established for losses incurred and outstanding on
| ||||||
11 | business produced by the managing general agent, in | ||||||
12 | addition to any other
required loss reserve certification.
| ||||||
13 | (3) The insurer shall periodically (at least | ||||||
14 | semiannually) conduct an
on-site review of the | ||||||
15 | underwriting and claims processing operations of the
| ||||||
16 | managing general agent.
| ||||||
17 | (4) Binding authority for all reinsurance contracts or | ||||||
18 | participation
in insurance or reinsurance syndicates shall | ||||||
19 | rest with an officer of the
insurer, who shall not be | ||||||
20 | affiliated with the managing general agent.
| ||||||
21 | (5) Within 30 days of entering into or terminating a | ||||||
22 | contract with a
managing general agent, the insurer shall | ||||||
23 | provide written notification of
the appointment or | ||||||
24 | termination to the Director. Notices of appointment of
a | ||||||
25 | managing general agent shall include a statement of duties | ||||||
26 | that the
applicant is expected to perform on behalf of the |
| |||||||
| |||||||
1 | insurer, the lines of
insurance for which the applicant is | ||||||
2 | to be authorized to act, and any other
information the | ||||||
3 | Director may request.
| ||||||
4 | (6) An insurer shall review its books and records each | ||||||
5 | quarter to
determine if any producer has become a managing | ||||||
6 | general agent. If the
insurer determines that a producer | ||||||
7 | has become a managing general agent, the
insurer shall | ||||||
8 | promptly notify the producer and the Director of that
| ||||||
9 | determination, and the insurer and producer must fully | ||||||
10 | comply with the
provisions of this Section within 30 days | ||||||
11 | of the notification.
| ||||||
12 | (7) The insurer shall file any managing general agent | ||||||
13 | contract for the
Director's approval within 45 days after | ||||||
14 | the contract becomes subject to this
Section. Failure of | ||||||
15 | the Director to disapprove the contract within 45 days
| ||||||
16 | shall constitute approval thereof. Upon expiration of the | ||||||
17 | contract, the
insurer shall submit the replacement | ||||||
18 | contract for approval. Contracts filed
under this Section | ||||||
19 | shall be exempt from filing under Sections 141, 141.1 and
| ||||||
20 | 131.20a.
| ||||||
21 | (8) An insurer shall not appoint to its board of | ||||||
22 | directors an
officer,
director, employee, or controlling | ||||||
23 | shareholder of its managing general
agents. This provision | ||||||
24 | shall not apply to relationships governed by Article
VIII | ||||||
25 | 1/2 of this Code.
| ||||||
26 | (e) The acts of a managing general agent are considered to |
| |||||||
| |||||||
1 | be the acts
of the insurer on whose behalf it is acting. A | ||||||
2 | managing general agent may
be examined in the same manner as an | ||||||
3 | insurer.
| ||||||
4 | (f) Retrospective compensation agreements for business | ||||||
5 | written under
Section 4 of this Code in Illinois and outside of | ||||||
6 | Illinois by an insurer
domiciled in this State must be filed | ||||||
7 | for approval.
The standards for approval shall be as set forth | ||||||
8 | under Section 141
of this Code.
| ||||||
9 | (g) Unless specifically required by the Director, the | ||||||
10 | provisions of this
Section shall not apply to arrangements | ||||||
11 | between a managing general agent not
underwriting any risks | ||||||
12 | located in Illinois and a foreign insurer domiciled in
an NAIC | ||||||
13 | accredited state that has adopted legislation substantially | ||||||
14 | similar to
the NAIC Managing General Agents Model Act. "NAIC | ||||||
15 | accredited state" means a
state or territory of the United | ||||||
16 | States having an insurance regulatory agency
that maintains an | ||||||
17 | accredited status granted by the National Association of
| ||||||
18 | Insurance Commissioners.
| ||||||
19 | (h) If the Director determines that a managing general | ||||||
20 | agent
has not materially complied with this Section or any | ||||||
21 | regulation or
order promulgated hereunder, after notice and | ||||||
22 | opportunity to be heard, the
Director may order a penalty in an | ||||||
23 | amount not exceeding $100,000 for each
separate violation and | ||||||
24 | may order the revocation or suspension of the producer's
| ||||||
25 | license. If it is found that because of the material | ||||||
26 | noncompliance the
insurer
has suffered any loss or damage, the |
| |||||||
| |||||||
1 | Director may maintain a civil action
brought by or on behalf of | ||||||
2 | the insurer and its policyholders and creditors for
recovery | ||||||
3 | of compensatory damages for the benefit of the insurer and its
| ||||||
4 | policyholders
and creditors or other appropriate relief. This | ||||||
5 | subsection (h) shall not be
construed to prevent any other | ||||||
6 | person from taking civil action against a
managing general | ||||||
7 | agent.
| ||||||
8 | (i) If an Order of Rehabilitation or Liquidation is | ||||||
9 | entered
under Article XIII and
the receiver appointed under | ||||||
10 | that Order determines that the managing general
agent or any | ||||||
11 | other person has not materially complied with this Section or | ||||||
12 | any
regulation or Order promulgated hereunder and the insurer | ||||||
13 | suffered any loss
or damage therefrom, the receiver may | ||||||
14 | maintain a civil action for recovery of
damages or other | ||||||
15 | appropriate sanctions for the benefit of the insurer.
| ||||||
16 | Any decision, determination, or order of the Director | ||||||
17 | under this
subsection shall be subject to judicial review | ||||||
18 | under the Administrative
Review Law.
| ||||||
19 | Nothing contained in this subsection shall affect the | ||||||
20 | right of the
Director to impose any other penalties provided | ||||||
21 | for in this Code.
| ||||||
22 | Nothing contained in this subsection is intended to or | ||||||
23 | shall in any
manner limit or restrict the rights of | ||||||
24 | policyholders, claimants, and auditors.
| ||||||
25 | (j) A domestic company shall not during any calendar year | ||||||
26 | write,
through a managing general agent or managing general |
| |||||||
| |||||||
1 | agents, premiums in an
amount equal to or greater than its | ||||||
2 | capital and surplus as of the preceding
December 31st unless | ||||||
3 | the domestic company requests in writing the Director's
| ||||||
4 | permission to do so and the Director has either approved the | ||||||
5 | request or has
not disapproved the request within 45 days | ||||||
6 | after the Director received the
request.
| ||||||
7 | No domestic company with less than $5,000,000 of capital | ||||||
8 | and surplus may
write any business through a managing general | ||||||
9 | agent unless the domestic company
requests in writing the | ||||||
10 | Director's permission to do so and the Director has
either | ||||||
11 | approved the request or has not disapproved the request within | ||||||
12 | 45 days
after the Director received the request.
| ||||||
13 | (Source: P.A. 93-32, eff. 7-1-03.)
| ||||||
14 | (215 ILCS 5/144) (from Ch. 73, par. 756)
| ||||||
15 | Sec. 144.
Limitation
of risk.
| ||||||
16 | (1) No company authorized to transact any of the kind of | ||||||
17 | business
enumerated in Classes 2 and 3 of Section 4 in this | ||||||
18 | State may expose itself
to any loss on any one risk or hazard | ||||||
19 | to an amount exceeding 10% of its
admitted assets in excess of | ||||||
20 | its liabilities excluding, in the case of a
stock company, its | ||||||
21 | capital stock liability. No portion of any such risk or
hazard | ||||||
22 | which has been reinsured in a domestic or an approved foreign | ||||||
23 | or non-domestic
alien company, in accordance with this Code, | ||||||
24 | shall be included in
determining the limitation of risk | ||||||
25 | prescribed herein.
|
| |||||||
| |||||||
1 | (2) Any company transacting the kind of business | ||||||
2 | enumerated in clause
(g) of Class 2 of Section 4 may expose | ||||||
3 | itself to a risk or hazard in excess
of the amount prescribed | ||||||
4 | in subsection (1) if it is protected in excess of
that amount | ||||||
5 | by the following:
| ||||||
6 | (a) The co-suretyship of such a company similarly | ||||||
7 | authorized; or
| ||||||
8 | (b) By deposit with it in pledge or conveyance to it in | ||||||
9 | trust for its
protection of property; or
| ||||||
10 | (c) By conveyance or mortgage for its protection; or
| ||||||
11 | (d) In case a suretyship obligation was made on behalf | ||||||
12 | or on account of
a fiduciary holding property in a trust | ||||||
13 | capacity, by deposit or other
disposition of a portion of | ||||||
14 | the property so held in trust that no future
sale, | ||||||
15 | mortgage, pledge or other disposition can be made thereof | ||||||
16 | without the
consent of such company except by a judgment | ||||||
17 | or order of a court of competent
jurisdiction.
| ||||||
18 | (3) A company designated in subsection (2) may also | ||||||
19 | execute
transportation or warehouse bonds for United States | ||||||
20 | Internal Revenue taxes
to an amount equal to 50% of its capital | ||||||
21 | and surplus. When the penalty of
the suretyship obligation | ||||||
22 | exceeds the amount of a judgment described
therein as appealed | ||||||
23 | from and thereby secured, or exceeds the amount of the
subject | ||||||
24 | matter in controversy or of the estate in the custody of the
| ||||||
25 | fiduciary for the performance of whose duties it is | ||||||
26 | conditioned, the bond
may be executed if the actual amount of |
| |||||||
| |||||||
1 | the judgment or the subject matter
in controversy or estate | ||||||
2 | not subject to supervision or control of the
surety is not in | ||||||
3 | excess of such limitation. When the penalty of the
suretyship | ||||||
4 | obligation executed for the performance of a contract exceeds
| ||||||
5 | the contract price, the latter shall be taken as the basis for | ||||||
6 | estimating
the limit of risk within the meaning of this | ||||||
7 | Section.
| ||||||
8 | (4) Whenever the ratio of the annual premium volume in | ||||||
9 | proportion to the
policyholder surplus of any company | ||||||
10 | transacting the kinds of business
authorized in Class 2 and | ||||||
11 | Class 3 of Section 4 when reviewed in conjunction
with the | ||||||
12 | kinds and nature of risks insured, the financial condition of | ||||||
13 | the
company and its ownership including but not limited to the | ||||||
14 | liquidity of
assets, relationship of surplus to liabilities | ||||||
15 | and adequacy of outstanding
loss reserves, creates a condition | ||||||
16 | such that the further assumption of
risks might be hazardous | ||||||
17 | to policyholders, creditors or the general public,
then the | ||||||
18 | Director may order such company to take one or more of the
| ||||||
19 | following steps:
| ||||||
20 | (a) to reduce the loss exposure by reinsurance;
| ||||||
21 | (b) to reduce the volume of new business being | ||||||
22 | accepted;
| ||||||
23 | (c) to suspend the writing of new business for a | ||||||
24 | period not to exceed 3
months;
| ||||||
25 | (d) to increase and maintain the company's surplus by | ||||||
26 | a contribution to
surplus which will raise the surplus for |
| |||||||
| |||||||
1 | such a period of time and by such
an amount as the Director | ||||||
2 | may deem necessary and essential; or
| ||||||
3 | (e) to reduce general or acquisition expenses by | ||||||
4 | specified methods.
| ||||||
5 | (f) (Blank).
| ||||||
6 | (5) The provisions of this Section do not apply to | ||||||
7 | domestic, foreign, and non-domestic
alien Lloyds.
| ||||||
8 | The company may, within 10 days after receipt of an Order | ||||||
9 | of the
Director under this Section, request that the Director | ||||||
10 | hold a hearing to
determine whether the Order of the Director | ||||||
11 | should be modified in any way.
A request for a hearing by a | ||||||
12 | company under this Section stays any Order of
the Director | ||||||
13 | entered under this Section until such time as the Director has
| ||||||
14 | entered an Order pursuant to the hearing.
| ||||||
15 | (Source: P.A. 89-97, eff. 7-7-95; 90-794, eff. 8-14-98.)
| ||||||
16 | (215 ILCS 5/144.1) (from Ch. 73, par. 756.1)
| ||||||
17 | Sec. 144.1.
Insurance Sales by Insolvent or Impaired | ||||||
18 | Companies
Prohibited.) (1) Unless allowed by the Director, no | ||||||
19 | foreign or non-domestic alien
company officer, director, | ||||||
20 | trustee,
agent, or employee of such company may renew, issue | ||||||
21 | or deliver or cause
to be renewed, issued or delivered, any | ||||||
22 | policy, contract or certificate
of insurance in this State, | ||||||
23 | nor may any domestic company, officer,
director, trustee, | ||||||
24 | agent or employee of such company renew, issue or
deliver or | ||||||
25 | cause to be renewed, issued or delivered, any policy,
contract |
| |||||||
| |||||||
1 | or certificate of insurance, for which a premium is charged or
| ||||||
2 | collected, when the company writing such insurance is | ||||||
3 | insolvent or
impaired and the fact of such insolvency or | ||||||
4 | impairment is known to the
company officer, director, trustee, | ||||||
5 | agent or employee of such company. A
company is impaired when | ||||||
6 | its assets are less than its capital, minimum
required surplus | ||||||
7 | and all liabilities.
| ||||||
8 | However, the existence of an impairment does not prevent | ||||||
9 | the issuance
or renewal of a policy when an insured or owner | ||||||
10 | exercises an option
granted to him under an existing policy to | ||||||
11 | obtain new, renewed or
converted insurance coverage.
| ||||||
12 | (2) Any company officer, director, trustee, agent, or | ||||||
13 | employee of
such company violating this Section shall be | ||||||
14 | guilty of a Class A
misdemeanor.
| ||||||
15 | (Source: P.A. 82-498.)
| ||||||
16 | (215 ILCS 5/146) (from Ch. 73, par. 758)
| ||||||
17 | Sec. 146.
Withdrawal
of deposits.
| ||||||
18 | (1) The Director shall at any time upon request release to | ||||||
19 | a company any
portion of its deposit which is not required as a | ||||||
20 | compliance with the
conditions of this Code.
| ||||||
21 | (2) When all of the business of a company has been | ||||||
22 | reinsured in
accordance with this Code and the assets thereof | ||||||
23 | by contract assigned to
another company, the Director may | ||||||
24 | deliver to the reinsured company or to
its assigns under the | ||||||
25 | contract of reinsurance after one year from the
effective date |
| |||||||
| |||||||
1 | of such reinsurance contract, all the securities deposited
by | ||||||
2 | the reinsured company upon compliance with the following | ||||||
3 | conditions:
| ||||||
4 | (a) The reinsuring company under the reinsurance contract | ||||||
5 | has assumed
all liabilities of every kind due and to become due | ||||||
6 | which the deposit of
the reinsured company was made to secure | ||||||
7 | or adequate provision has been
made therefor;
| ||||||
8 | (b) The said reinsuring company shall have and maintain a | ||||||
9 | deposit in
this State or with the department or official | ||||||
10 | charged with the duty of
supervising the business of insurance | ||||||
11 | in the state where it is incorporated
or, if a non-domestic an | ||||||
12 | alien company, where it is entered, in securities authorized | ||||||
13 | by
this Code as lawful investments of the company and in an | ||||||
14 | amount and value
not less than the deposit formerly required | ||||||
15 | of the reinsured company by
this Code; and
| ||||||
16 | (c) The deposit of the said reinsuring company shall be | ||||||
17 | such that it
will subsist for the security of all the | ||||||
18 | obligations of the reinsuring
company.
| ||||||
19 | (Source: Laws 1937, p. 696.)
| ||||||
20 | (215 ILCS 5/148) (from Ch. 73, par. 760)
| ||||||
21 | Sec. 148.
Contents
of advertisements as to financial | ||||||
22 | condition.
| ||||||
23 | (1) No company authorized to do business in this State | ||||||
24 | shall cause to be
inserted in any newspaper, periodical, | ||||||
25 | magazine or other publication, any
advertisement purporting to |
| |||||||
| |||||||
1 | set forth in figures its financial standing
unless the figures | ||||||
2 | exhibited in such advertisement correspond to the
figures | ||||||
3 | contained in the next preceding verified statement made to the
| ||||||
4 | Director and unless there is set forth either
| ||||||
5 | (a) the total amount of the capital actually paid in, the | ||||||
6 | total value of
the admitted assets owned, the total amount of | ||||||
7 | the liabilities, including
therein the reserves required by | ||||||
8 | law and the amount of the net surplus of
assets over | ||||||
9 | liabilities actually available for the payment of losses and
| ||||||
10 | claims and held for the protection of policyholders; or
| ||||||
11 | (b) the capital paid in or the surplus, separately or | ||||||
12 | combined.
| ||||||
13 | (2) No non-domestic alien company authorized to do | ||||||
14 | business in this State shall cause
to be inserted in any | ||||||
15 | newspaper, periodical or magazine any advertisement
purporting | ||||||
16 | to set forth in figures its financial standing, unless the
| ||||||
17 | figures exhibited in such advertisement correspond to the | ||||||
18 | figures contained
in the next preceding verified statement | ||||||
19 | made to the Director by the United
States Branch of such | ||||||
20 | company and unless there is set forth the total
amount of the | ||||||
21 | capital and assets held by its United States Branch, the
total | ||||||
22 | amount of its liabilities, including therein the reserves | ||||||
23 | required by
law and the total amount of the net surplus of | ||||||
24 | assets over all liabilities
actually available for the payment | ||||||
25 | of losses and claims and held for the
protection of its | ||||||
26 | policyholders in the United States; provided that any
life |
| |||||||
| |||||||
1 | company organized under the laws of the Dominion of Canada or | ||||||
2 | any
province thereof may use in its advertising a statement of | ||||||
3 | its total
business and condition in all countries if such | ||||||
4 | statement is accompanied by
a statement showing the amount of | ||||||
5 | its total assets and total liabilities in
the United States, | ||||||
6 | corresponding to the figures contained in the next
preceding | ||||||
7 | statement of such company filed with the Director.
| ||||||
8 | (3) Any company violating any provision of this section, | ||||||
9 | and any officer
or director thereof knowingly participating in | ||||||
10 | or abetting such violation,
shall be guilty of a business | ||||||
11 | offense and shall be required to pay a
penalty of not less than | ||||||
12 | five hundred dollars nor more than one thousand
dollars, to be | ||||||
13 | recovered in the name of the People of the State of Illinois
by | ||||||
14 | the State's Attorney of the county in which the violation | ||||||
15 | occurs and the
penalty so recovered shall be paid into the | ||||||
16 | county treasury.
| ||||||
17 | (Source: P.A. 77-2699.)
| ||||||
18 | (215 ILCS 5/154.5) (from Ch. 73, par. 766.5)
| ||||||
19 | Sec. 154.5.
Improper Claims Practices) It is an improper | ||||||
20 | claims practice
for any domestic, foreign or non-domestic | ||||||
21 | alien company transacting business in this
State to commit any | ||||||
22 | of the acts contained in Section 154.6 if:
| ||||||
23 | (a) it is committed knowingly in violation of this Act or | ||||||
24 | any rules promulgated
hereunder; or
| ||||||
25 | (b) It has been committed with such frequency to indicate |
| |||||||
| |||||||
1 | a persistent
tendency to engage in that type of conduct.
| ||||||
2 | (Source: P.A. 80-926.)
| ||||||
3 | (215 ILCS 5/156) (from Ch. 73, par. 768)
| ||||||
4 | Sec. 156. Merger and
consolidation permitted. | ||||||
5 | (a) Upon complying with the provisions of this article, | ||||||
6 | any domestic
company, except a Lloyds, is hereby authorized | ||||||
7 | and empowered to merge or
consolidate with any domestic | ||||||
8 | company or with any foreign or non-domestic alien company,
| ||||||
9 | except a Lloyds if the surviving company meets the | ||||||
10 | requirements for
authorization to engage in the insurance | ||||||
11 | business in this state and, if
such merger or consolidation is | ||||||
12 | authorized by the laws of the state or
country under which such | ||||||
13 | foreign or non-domestic alien company is incorporated or
| ||||||
14 | organized. | ||||||
15 | (b) The Director may permit the formation of a domestic | ||||||
16 | stock company that is established for the sole purpose of | ||||||
17 | merging or consolidating with an existing stock company | ||||||
18 | simultaneously with the effectiveness of a division authorized | ||||||
19 | by this Code. Upon request of the dividing company, the | ||||||
20 | Director may waive the requirements of Section 131.8 of this | ||||||
21 | Code. Each domestic stock company formed under this subsection | ||||||
22 | shall be deemed to exist before a merger and division under | ||||||
23 | this Section becomes effective, but solely for the purpose of | ||||||
24 | being a party to such merger and division. The Director shall | ||||||
25 | not require that such domestic stock company be licensed to |
| |||||||
| |||||||
1 | transact insurance business in this state before such merger | ||||||
2 | and division. All insurance policies, annuities, or | ||||||
3 | reinsurance agreements allocated to such domestic stock | ||||||
4 | company shall become the obligation of the domestic stock | ||||||
5 | company that survives the merger simultaneously with the | ||||||
6 | effectiveness of the merger and division. The plan of merger | ||||||
7 | or consolidation shall be deemed to have been authorized and | ||||||
8 | approved by such domestic stock company if the dividing | ||||||
9 | company authorized and approved such plan. The certificate of | ||||||
10 | merger shall state that it was approved by the domestic stock | ||||||
11 | company formed under this subsection.
| ||||||
12 | (Source: P.A. 100-1118, eff. 11-27-18.)
| ||||||
13 | (215 ILCS 5/156.1) (from Ch. 73, par. 768.1)
| ||||||
14 | Sec. 156.1. Acquisition by exchange of stock permitted. | ||||||
15 | Any domestic stock insurance company may adopt a plan of | ||||||
16 | exchange of the
outstanding stock of its stockholders for the | ||||||
17 | consideration herein
designated to be paid or provided by a | ||||||
18 | corporation which acquires such
stock, in the manner provided | ||||||
19 | in this Article.
| ||||||
20 | The plan of exchange may provide that the acquiring | ||||||
21 | corporation, as
consideration for the stock of the domestic | ||||||
22 | corporation, (1) transfer
shares of its stock, or (2) transfer | ||||||
23 | other securities issued by it, or (3)
pay cash therefor, or (4) | ||||||
24 | pay or provide other consideration, or (5) pay or
provide any | ||||||
25 | combination of the foregoing types of consideration.
|
| |||||||
| |||||||
1 | "Acquiring corporation", as used in this Article, means | ||||||
2 | any stock
insurance corporation incorporated under this Code | ||||||
3 | or under prior laws of
this State relating to the | ||||||
4 | incorporation of domestic insurance
corporations; any stock | ||||||
5 | corporation incorporated under the "Business
Corporation Act | ||||||
6 | of 1983" or under prior laws of this State authorizing the
| ||||||
7 | establishment of business corporations; and any foreign or | ||||||
8 | non-domestic alien stock
corporation qualified to do business | ||||||
9 | in Illinois and registered by the
corporation department; and | ||||||
10 | any foreign or non-domestic alien stock insurance company
| ||||||
11 | authorized to do business in Illinois.
| ||||||
12 | (Source: P.A. 83-1362.)
| ||||||
13 | (215 ILCS 5/157) (from Ch. 73, par. 769)
| ||||||
14 | Sec. 157.
Powers of
company not enlarged.
| ||||||
15 | Nothing in this article contained shall be construed to | ||||||
16 | authorize any
company to engage in any kind of insurance | ||||||
17 | business not authorized by its
articles of incorporation nor | ||||||
18 | to authorize any foreign or non-domestic alien company to
| ||||||
19 | engage in any kind of insurance business in this State not | ||||||
20 | covered by its
certificate of authority to do business in this | ||||||
21 | State.
| ||||||
22 | (Source: Laws 1937, p. 696.)
| ||||||
23 | (215 ILCS 5/161) (from Ch. 73, par. 773)
| ||||||
24 | Sec. 161.
Approval
and execution of agreement or plan of |
| |||||||
| |||||||
1 | exchange by foreign or non-domestic alien
company.
| ||||||
2 | In the event that a foreign or non-domestic alien company | ||||||
3 | is a party to the agreement
of merger or consolidation or plan | ||||||
4 | of exchange, the agreement or plan shall
be executed by the | ||||||
5 | proper officers of such foreign or non-domestic alien company | ||||||
6 | when
they are duly authorized thereto by such action on the | ||||||
7 | part of the
directors, shareholders, members, or policyholders | ||||||
8 | of such foreign or non-domestic alien
company as may be | ||||||
9 | required by the laws of the domiciliary state or country
of | ||||||
10 | such foreign or non-domestic alien company.
| ||||||
11 | (Source: Laws 1967, p. 2406.)
| ||||||
12 | (215 ILCS 5/162) (from Ch. 73, par. 774)
| ||||||
13 | Sec. 162.
Certificate of Merger or Consolidation or Plan | ||||||
14 | of Exchange
and Certificate of Approval.
| ||||||
15 | (1) Upon the execution of an agreement of
merger or | ||||||
16 | consolidation or plan of exchange, there shall be delivered to
| ||||||
17 | the Director:
| ||||||
18 | (a) two duplicate originals of the agreement or plan;
| ||||||
19 | (b) affidavits of officers of each of the companies | ||||||
20 | setting forth
the facts necessary to show that all | ||||||
21 | requirements of law with respect to
notices to persons | ||||||
22 | entitled to vote have been complied with;
| ||||||
23 | (c) certificates of the secretaries or assistant | ||||||
24 | secretaries or
corresponding officers of each of the | ||||||
25 | companies, in case of a merger or
consolidation, or of the |
| |||||||
| |||||||
1 | company to be acquired in case of a plan of
exchange, | ||||||
2 | certifying to the number of shares, if any, outstanding, | ||||||
3 | the
number of shares voted for and against such agreement | ||||||
4 | or plan, and
further in the case of a merger or | ||||||
5 | consolidation (1) the number of
policyholders represented | ||||||
6 | at the meeting at which the agreement was
considered, and | ||||||
7 | (2) the number of votes cast by policyholders for and
| ||||||
8 | against such agreement or (3) in the case of a fraternal | ||||||
9 | benefit
society, the number of delegates of the supreme | ||||||
10 | legislative or governing
body, and the number of votes | ||||||
11 | cast by the delegates for and against the
agreement;
| ||||||
12 | (d) the certificates required by Section 171;
| ||||||
13 | (e) if the surviving or new company is a domestic | ||||||
14 | company and any
foreign or non-domestic alien company is a | ||||||
15 | party to the merger or consolidation and
the laws of the | ||||||
16 | state or country under which such foreign or non-domestic | ||||||
17 | alien
company is incorporated require approval of the | ||||||
18 | merger or consolidation
by an official of such state or | ||||||
19 | country, a certificate of approval of
such official; and
| ||||||
20 | (f) in case of consolidation where the new company is | ||||||
21 | a foreign or non-domestic
alien company, an instrument | ||||||
22 | appointing the Director and his or her
successor
or | ||||||
23 | successors in office, the attorney of such company for | ||||||
24 | service of
process, containing the same provisions and | ||||||
25 | having the same effect as
the instrument required of a | ||||||
26 | foreign or non-domestic alien company in order to be
|
| |||||||
| |||||||
1 | admitted to transact business in this State.
| ||||||
2 | In addition, the Director shall be provided, in | ||||||
3 | substantially the same
form, the information required under | ||||||
4 | Article VIII 1/2 of this Code.
| ||||||
5 | (2) In case the surviving or new company is a domestic | ||||||
6 | company, if
the Director finds that:
| ||||||
7 | (a) the agreement of merger or consolidation is in | ||||||
8 | accordance with
the provisions of this Article and not | ||||||
9 | inconsistent with the laws and
the Constitutions of this | ||||||
10 | State and the United States;
| ||||||
11 | (b) the surviving or new company has complied with all | ||||||
12 | applicable
provisions of this Code;
| ||||||
13 | (c) no reasonable objection exists to such merger or | ||||||
14 | consolidation;
and
| ||||||
15 | (d) the standards established under Article VIII 1/2 | ||||||
16 | are satisfied;
| ||||||
17 | he or she shall approve the agreement. The provisions of any | ||||||
18 | law with
reference to age limits and medical examination shall | ||||||
19 | be inoperative in
so far as agreements of merger or | ||||||
20 | consolidation are concerned. If the
agreement of merger or | ||||||
21 | consolidation be approved by the Director, he or she
shall | ||||||
22 | file the affidavits and certificates and one of the duplicate
| ||||||
23 | originals of the agreement in his or her office, endorse upon | ||||||
24 | the other
duplicate original his or her approval thereof, and | ||||||
25 | deliver it, together
with a
certificate of merger or | ||||||
26 | consolidation, as the case may be, to the
surviving or new |
| |||||||
| |||||||
1 | company. In the case of a consolidation, the Director
shall | ||||||
2 | also issue a certificate of authority to the new company.
| ||||||
3 | (3) In case the surviving or new company is a foreign or | ||||||
4 | non-domestic alien
company, if the Director finds that:
| ||||||
5 | (a) the agreement of merger or consolidation is in | ||||||
6 | accordance with
the provisions of this Article and not | ||||||
7 | inconsistent with the laws and
the Constitutions of this | ||||||
8 | State and the United States;
| ||||||
9 | (b) the agreement of merger or consolidation provides | ||||||
10 | for the
assumption by the new or surviving company of all | ||||||
11 | the liabilities and
obligations of the companies parties | ||||||
12 | to the merger or consolidation and
otherwise affords | ||||||
13 | proper protection for creditors and policyholders and
that | ||||||
14 | such provisions are not inconsistent with the laws of the | ||||||
15 | state or
country of incorporation of such new or surviving | ||||||
16 | company;
| ||||||
17 | (c) the surviving or new company has complied with all | ||||||
18 | applicable
provisions of this Code;
| ||||||
19 | (d) no reasonable objection exists to such merger or | ||||||
20 | consolidation; and
| ||||||
21 | (e) the standards established under Article VIII 1/2 | ||||||
22 | are satisfied;
| ||||||
23 | he or she
shall approve the agreement. If the agreement be | ||||||
24 | approved by the
Director, he or she shall file the affidavits | ||||||
25 | and certificates and one of
the
duplicate originals of the | ||||||
26 | agreement in his or her office, endorse upon the
other |
| |||||||
| |||||||
1 | duplicate original his or her approval thereof, and deliver | ||||||
2 | it,
together
with a certificate of approval of the merger or | ||||||
3 | consolidation, as the
case may be, to the surviving or new | ||||||
4 | company.
| ||||||
5 | (4) In the case of a plan of exchange, if the Director | ||||||
6 | finds that the
parties
to the exchange have established that:
| ||||||
7 | (a) the plan, if effective, will not tend adversely to | ||||||
8 | affect the
financial stability or management of any | ||||||
9 | domestic company which is a
party thereto or the general | ||||||
10 | capacity or intention to continue the safe
and prudent | ||||||
11 | transaction of the insurance business of such domestic
| ||||||
12 | company or companies;
| ||||||
13 | (b) the interests of the policyholders and | ||||||
14 | shareholders of each
domestic insurance company which is a | ||||||
15 | party to the plan are protected;
| ||||||
16 | (c) the competence, experience and integrity of
those | ||||||
17 | persons who would control the operation of the domestic | ||||||
18 | company
are such as to be in the best interests of the | ||||||
19 | policyholders of such
company to permit such exchange;
| ||||||
20 | (d) the terms and conditions of the plan are fair and | ||||||
21 | reasonable; and
| ||||||
22 | (e) the standards established under Article VIII 1/2 | ||||||
23 | are satisfied;
| ||||||
24 | he or she
shall approve the plan of exchange. If the plan of | ||||||
25 | exchange be approved
by the Director, he or she shall file the | ||||||
26 | affidavits and certificates and
one of
the duplicate originals |
| |||||||
| |||||||
1 | of the plan of exchange in his or her office,
endorse upon
the | ||||||
2 | other duplicate original his or her approval thereof, and | ||||||
3 | deliver it,
together
with a certificate of approval of the | ||||||
4 | plan of exchange to the domestic company.
| ||||||
5 | (5) If the Director refuses to approve the agreement of | ||||||
6 | merger or
consolidation, or plan of exchange, notice of such | ||||||
7 | refusal, assigning
the reasons therefor,
shall be given in | ||||||
8 | writing by the Director to each of the companies party
| ||||||
9 | thereto, within 60 days from the date of the delivery of such | ||||||
10 | agreements
or plan to him or her, and he or she shall grant any | ||||||
11 | of such companies
a hearing
upon
request. The hearing shall be | ||||||
12 | held within 30 days of the Director's receipt
of request for | ||||||
13 | hearing. All persons to whom it is proposed to issue | ||||||
14 | securities
in such agreements or exchange shall have a right | ||||||
15 | to appear.
Within 30 days after the close of the hearing the | ||||||
16 | Director shall approve
or disapprove or place conditions | ||||||
17 | precedent upon his or her approval of the
merger or | ||||||
18 | consolidation or plan by issuing a written order stating his | ||||||
19 | or
her
determination and the reasons therefor.
| ||||||
20 | (Source: P.A. 90-381, eff. 8-14-97.)
| ||||||
21 | (215 ILCS 5/163) (from Ch. 73, par. 775)
| ||||||
22 | Sec. 163.
Date
merger or consolidation or plan of exchange | ||||||
23 | effected.
| ||||||
24 | (1) If the surviving or new company is a domestic company, | ||||||
25 | the merger or
consolidation is effected upon the issuance of |
| |||||||
| |||||||
1 | the certificate of merger or
the certificate of consolidation, | ||||||
2 | as the case may be.
| ||||||
3 | (2) If the surviving or new company is a foreign or | ||||||
4 | non-domestic alien company and
the Director has issued a | ||||||
5 | certificate of approval of the merger or
consolidation, the | ||||||
6 | date upon which the merger or consolidation is effected
shall | ||||||
7 | be determined by the laws of the state or country of | ||||||
8 | incorporation or
organization of the surviving or new company. | ||||||
9 | However, the merger or
consolidation shall in no event become | ||||||
10 | effective in this State until a
certificate of merger or | ||||||
11 | consolidation, as the case may be, or other
evidence that the | ||||||
12 | merger or consolidation is effected is issued by the
proper | ||||||
13 | official of the state or country of incorporation or | ||||||
14 | organization of
the surviving or new company and is filed with | ||||||
15 | and approved by the
Director.
| ||||||
16 | (3) Notice of adoption of the plan and the approval | ||||||
17 | thereof by the
Director shall be delivered or mailed to each | ||||||
18 | shareholder of record of the
domestic insurance company to be | ||||||
19 | acquired who was entitled to vote thereon
and an affidavit of | ||||||
20 | the secretary or assistant secretary of such company or
of an | ||||||
21 | officer of the company's transfer agent that such notice was | ||||||
22 | given
shall be filed with the Director. The plan shall become | ||||||
23 | effective 10 days
after receipt of the affidavit by the | ||||||
24 | Director. A plan of exchange may be
abandoned pursuant to any | ||||||
25 | provisions for abandonment contained therein at
any time, | ||||||
26 | provided that notice of such abandonment shall be delivered or
|
| |||||||
| |||||||
1 | mailed to each such stockholder and filed with the Director | ||||||
2 | prior to the
termination of such 10 day period.
| ||||||
3 | (Source: Laws 1967, p. 2406.)
| ||||||
4 | (215 ILCS 5/164) (from Ch. 73, par. 776)
| ||||||
5 | Sec. 164.
Removal of
property of domestic, merged or | ||||||
6 | consolidated company from this State.
| ||||||
7 | (1) If the surviving or new company shall be a foreign or | ||||||
8 | non-domestic alien company,
no property of the domestic merged | ||||||
9 | or consolidated company shall be removed
from this State by | ||||||
10 | reason of such merger or consolidation, prior to, nor
shall | ||||||
11 | title to such property vest in the surviving or new company | ||||||
12 | until,
the merger or consolidation shall become effective in | ||||||
13 | this State as
provided in section 163.
| ||||||
14 | (2) Any director or officer of any domestic company | ||||||
15 | removing or
permitting the removal of any property of company | ||||||
16 | from this State in
violation of this section, shall be guilty | ||||||
17 | of a Class A misdemeanor.
| ||||||
18 | (Source: P.A. 77-2699.)
| ||||||
19 | (215 ILCS 5/166) (from Ch. 73, par. 778)
| ||||||
20 | Sec. 166.
Effect of
merger or consolidation.
| ||||||
21 | (1) If the surviving or new company is a domestic company, | ||||||
22 | when such
merger or consolidation has been effected
| ||||||
23 | (a) the several companies parties to the agreement of | ||||||
24 | merger or
consolidation shall be a single company, which, in |
| |||||||
| |||||||
1 | the case of a merger,
shall be that company designated in the | ||||||
2 | agreement of merger as the
surviving company, and in the case | ||||||
3 | of a consolidation, shall be the new
company provided for in | ||||||
4 | the agreement of consolidation;
| ||||||
5 | (b) the separate existence of all of the companies parties | ||||||
6 | to the
agreement of merger or consolidation, except the | ||||||
7 | surviving company in the
case of a merger, shall cease;
| ||||||
8 | (c) such surviving or new company shall have all of the | ||||||
9 | rights,
privileges, immunities and powers and shall be subject | ||||||
10 | to all of the duties
and liabilities granted or imposed by this | ||||||
11 | Code;
| ||||||
12 | (d) such surviving or new company shall thereupon and | ||||||
13 | thereafter possess
all the rights, privileges, immunities, | ||||||
14 | powers and franchises of a public
as well as of a private | ||||||
15 | nature, of each of the companies so merged or
consolidated; | ||||||
16 | and all property, real, personal and mixed, and all debts due
| ||||||
17 | on whatever account, including subscriptions to shares, | ||||||
18 | assessments payable
from members or policyholders, and all | ||||||
19 | other choses in action and all and
every other interest of, or | ||||||
20 | belonging to or due to, each of the companies
so merged or | ||||||
21 | consolidated shall be deemed to be transferred to and vested
| ||||||
22 | in such surviving or new company without further act or deed; | ||||||
23 | and the title
to any real estate, or any interest therein, | ||||||
24 | under the laws of this State
vested in any of such companies | ||||||
25 | shall not revert or be in any way impaired
by reason of such | ||||||
26 | merger or consolidation;
|
| |||||||
| |||||||
1 | (e) such surviving or new company shall thenceforth be | ||||||
2 | responsible and
liable for all the liabilities and obligations | ||||||
3 | of each of the companies so
merged or consolidated; any claim | ||||||
4 | existing or action or proceeding pending
by or against any of | ||||||
5 | such companies may be prosecuted to judgment as if
such merger | ||||||
6 | or consolidation had not taken place, or such surviving or new
| ||||||
7 | company may be substituted in its place; neither the rights of | ||||||
8 | creditors
nor any liens upon the property of any of such | ||||||
9 | companies shall be impaired
by such merger or consolidation, | ||||||
10 | but such liens shall be limited to the
property upon which they | ||||||
11 | were liens immediately prior to the time of such
merger or | ||||||
12 | consolidation, unless otherwise provided in the agreement of
| ||||||
13 | merger or consolidation; and
| ||||||
14 | (f) in case of a merger, the articles of incorporation of | ||||||
15 | the surviving
company shall be supplanted and superseded to | ||||||
16 | the extent, if any, that any
provision or provisions of such | ||||||
17 | articles shall be restated in the agreement
of merger as | ||||||
18 | provided in section 158, and such articles of incorporation,
| ||||||
19 | shall be deemed to be thereby and to that extent amended; in | ||||||
20 | case of a
consolidation, the statements set forth in the | ||||||
21 | agreement of consolidation
as provided in section 158 shall be | ||||||
22 | deemed to be articles of incorporation
of the new company | ||||||
23 | formed by such consolidation.
| ||||||
24 | (2) If the surviving or new company is a foreign or | ||||||
25 | non-domestic alien company, when
such merger or consolidation | ||||||
26 | has become effective in this State
|
| |||||||
| |||||||
1 | (a) the effect of the merger or consolidation shall be | ||||||
2 | determined by the
law of the state of incorporation or | ||||||
3 | organization of such company;
| ||||||
4 | (b) the separate existence of all domestic companies | ||||||
5 | parties to the plan
of merger or consolidation shall cease;
| ||||||
6 | (c) all property, real, personal, and mixed, and all debts | ||||||
7 | due on
whatever account including subscriptions to shares, | ||||||
8 | assessments payable
from members or policyholders and all | ||||||
9 | other choses in action and all and
every other interest of or | ||||||
10 | belonging to and due to each of the companies so
merged or | ||||||
11 | consolidated shall be taken and deemed to be transferred to | ||||||
12 | and
vested in such surviving or new company without further | ||||||
13 | act or deed, and
the title to any real estate, or any interest | ||||||
14 | therein, shall not revert or
be in any way impaired by reason | ||||||
15 | of such merger or consolidation.
| ||||||
16 | (3) In the event of a merger or consolidation under this | ||||||
17 | article, the
surviving company or the consolidated company | ||||||
18 | shall be considered as having
the age of the oldest company | ||||||
19 | which is a party to such merger or
consolidation for the | ||||||
20 | purpose of complying with requirements of the laws
relating to | ||||||
21 | age of company.
| ||||||
22 | (Source: Laws 1937, p. 696.)
| ||||||
23 | (215 ILCS 5/169) (from Ch. 73, par. 781)
| ||||||
24 | Sec. 169.
Rights of
dissenting shareholders and | ||||||
25 | policyholders of foreign or non-domestic alien company.
|
| |||||||
| |||||||
1 | The rights of any dissenting shareholder, member or | ||||||
2 | policyholder of any
foreign or non-domestic alien company | ||||||
3 | party to a merger or consolidation, shall be those
afforded to | ||||||
4 | such shareholder, member, or policyholder by the laws of the
| ||||||
5 | domiciliary state or country of such foreign or non-domestic | ||||||
6 | alien company.
| ||||||
7 | (Source: Laws 1937, p. 696.)
| ||||||
8 | (215 ILCS 5/170) (from Ch. 73, par. 782)
| ||||||
9 | Sec. 170.
Transfer
of deposits.
| ||||||
10 | (1) If the surviving or new company shall be a foreign or | ||||||
11 | non-domestic alien company
and the laws of the state or | ||||||
12 | country under which such surviving or new
company is | ||||||
13 | incorporated or organized shall require the maintenance with | ||||||
14 | any
official of such State or country of a deposit of the legal | ||||||
15 | reserve on any
policies, then the Director is authorized to | ||||||
16 | deliver to the proper
custodian of such deposits of such state | ||||||
17 | or country any deposits
theretofore made with the Director | ||||||
18 | pertaining to policies of any of the
merged or consolidated | ||||||
19 | companies. If the surviving or new company shall be
a domestic | ||||||
20 | company into which has been merged or consolidated a foreign | ||||||
21 | or non-domestic
alien company incorporated or organized in a | ||||||
22 | state or country the laws of
which require the maintenance | ||||||
23 | with an official of a deposit of the legal
reserve on any | ||||||
24 | policies, then the Director is hereby authorized to receive
| ||||||
25 | from such official any deposit theretofore made with such |
| |||||||
| |||||||
1 | official
pertaining to the policies of any of the merged or | ||||||
2 | consolidated companies.
| ||||||
3 | (2) Any surviving or new company shall, within 60 days | ||||||
4 | after the
transfer of such deposit, notify the holder of every | ||||||
5 | policy secured by such
transferred deposit, that the transfer | ||||||
6 | has been made. The president or
vice-president and secretary | ||||||
7 | or assistant secretary of such company, or the
executive | ||||||
8 | officers corresponding thereto, shall within 30 days | ||||||
9 | thereafter,
file with the Director an affidavit of the fact | ||||||
10 | that due notice to
policyholders, as provided for herein, has | ||||||
11 | been given. If a surviving or
new company shall be a foreign or | ||||||
12 | non-domestic alien company, the Director shall require
from | ||||||
13 | such company, before transferring any deposit to any official | ||||||
14 | of the
state or country under the laws of which such foreign or | ||||||
15 | non-domestic alien company is
incorporated or organized, a | ||||||
16 | written agreement that notice of such transfer
will be given | ||||||
17 | to policyholders and that an affidavit with regard to such
| ||||||
18 | notice will be furnished to the Director as in this section | ||||||
19 | provided.
| ||||||
20 | (3) In the event any deposit is to be maintained in this | ||||||
21 | State by reason
of this section, the amount thereof from time | ||||||
22 | to time for each such policy
shall be at least equal to the | ||||||
23 | amount which would be required in the state
where such deposit | ||||||
24 | was theretofore maintained under the provisions of the
law of | ||||||
25 | such state in effect on the date the merger or consolidation | ||||||
26 | was
effected. The deposits so maintained in this State shall |
| |||||||
| |||||||
1 | consist of
securities of the kinds authorized for investment | ||||||
2 | by Article VIII of this
Code.
| ||||||
3 | (Source: Laws 1959, p. 1431.)
| ||||||
4 | (215 ILCS 5/173.1) (from Ch. 73, par. 785.1)
| ||||||
5 | (Text of Section before amendment by P.A. 102-578 )
| ||||||
6 | Sec. 173.1. Credit allowed a domestic ceding insurer.
| ||||||
7 | (1) Except as otherwise provided under Article VIII 1/2 of | ||||||
8 | this Code and
related provisions of the Illinois | ||||||
9 | Administrative Code, credit for
reinsurance shall be allowed a | ||||||
10 | domestic ceding insurer as
either an admitted asset or a | ||||||
11 | deduction from liability on account of
reinsurance ceded only | ||||||
12 | when the reinsurer meets the requirements of paragraph (A)
or | ||||||
13 | (B) or (B-5) or (C) or (C-5) or (D) of this subsection (1).
| ||||||
14 | Credit shall be allowed under paragraph (A), (B), or (B-5) of | ||||||
15 | this subsection (1) only as respects
cessions of those kinds | ||||||
16 | or classes of business in which the assuming insurer is
| ||||||
17 | licensed or otherwise permitted to write or assume in its | ||||||
18 | state of domicile, or
in the case of a U.S. branch of a | ||||||
19 | non-domestic an alien assuming insurer, in the state through
| ||||||
20 | which it is entered and licensed to transact insurance or | ||||||
21 | reinsurance. Credit
shall be allowed under paragraph (B-5) or | ||||||
22 | (C) of this subsection (1) only
if the applicable requirements | ||||||
23 | of paragraph (E) of this subsection (1)
have been
satisfied.
| ||||||
24 | (A) Credit shall be allowed when the reinsurance is | ||||||
25 | ceded to an assuming
insurer that is authorized in this |
| |||||||
| |||||||
1 | State
to transact the types of insurance ceded and has at | ||||||
2 | least $5,000,000 in
capital and surplus.
| ||||||
3 | (B) Credit shall be allowed when the reinsurance is | ||||||
4 | ceded to an assuming
insurer that is accredited as a | ||||||
5 | reinsurer in this State. An accredited
reinsurer is one | ||||||
6 | that:
| ||||||
7 | (1) files with the Director evidence of its | ||||||
8 | submission to this State's
jurisdiction;
| ||||||
9 | (2) submits to this State's authority to examine | ||||||
10 | its books and records;
| ||||||
11 | (3) is licensed to transact insurance or | ||||||
12 | reinsurance in at least one
state, or in the case of a | ||||||
13 | U.S. branch of a non-domestic an alien assuming | ||||||
14 | insurer is
entered through and licensed to transact | ||||||
15 | insurance or reinsurance in at
least one state;
| ||||||
16 | (4) files annually with the Director a copy of its | ||||||
17 | annual statement
filed with the insurance department | ||||||
18 | of its state of domicile and a copy of
its most recent | ||||||
19 | audited financial statement; and
| ||||||
20 | (5) maintains a surplus as regards policyholders | ||||||
21 | in an amount that is
not less than $20,000,000 and | ||||||
22 | whose accreditation has been approved by the
Director.
| ||||||
23 | (B-5)(1) Credit shall be allowed when the reinsurance | ||||||
24 | is ceded to an assuming insurer that is domiciled in, or in | ||||||
25 | the case of a U.S. branch of a non-domestic an alien | ||||||
26 | assuming
insurer is entered through, a state that employs |
| |||||||
| |||||||
1 | standards regarding credit for reinsurance substantially | ||||||
2 | similar to those applicable under this Code and the | ||||||
3 | assuming insurer or U.S. branch of a non-domestic an alien | ||||||
4 | assuming insurer: | ||||||
5 | (a) maintains a surplus as regards policyholders | ||||||
6 | in an amount not less than $20,000,000; and | ||||||
7 | (b) submits to the authority of this State to | ||||||
8 | examine its books and records. | ||||||
9 | (2) The requirement of item (a) of subparagraph (1) of | ||||||
10 | paragraph (B-5) of this subsection (1) does not apply to | ||||||
11 | reinsurance ceded and assumed pursuant to pooling | ||||||
12 | arrangements among insurers in the same holding company | ||||||
13 | system. | ||||||
14 |
(C)(1) Credit shall be allowed when the reinsurance | ||||||
15 | is ceded to
an assuming insurer that maintains a trust | ||||||
16 | fund in a qualified United
States financial institution, | ||||||
17 | as defined in paragraph (B) of subsection (3) of this | ||||||
18 | Section, for the
payment of the valid claims of its United | ||||||
19 | States policyholders and ceding
insurers, their assigns | ||||||
20 | and successors in interest. The assuming insurer
shall | ||||||
21 | report to the Director information substantially the same | ||||||
22 | as
that required to be reported on the NAIC annual and | ||||||
23 | quarterly financial
statement by authorized
insurers and | ||||||
24 | any other financial information that the
Director deems | ||||||
25 | necessary to determine the financial condition of the
| ||||||
26 | assuming insurer and the sufficiency of the trust
fund. |
| |||||||
| |||||||
1 | The assuming insurer shall provide or make the information | ||||||
2 | available to the ceding insurer. The assuming insurer may | ||||||
3 | decline to release trade secrets or commercially sensitive | ||||||
4 | information that would qualify as exempt from disclosure | ||||||
5 | under the Freedom of Information Act. The Director shall | ||||||
6 | also make the information publicly available, subject only | ||||||
7 | to such reasonable objections as might be raised to a | ||||||
8 | request pursuant to the Freedom of Information Act, as | ||||||
9 | determined by the Director. The assuming insurer shall | ||||||
10 | submit to examination of its books and records by
the | ||||||
11 | Director and bear the expense of examination.
| ||||||
12 | (2)(a) Credit for reinsurance shall not be granted | ||||||
13 | under this subsection
unless the form of the trust and any | ||||||
14 | amendments to the trust have been approved
by:
| ||||||
15 | (i) the regulatory official of the state where the | ||||||
16 | trust is domiciled;
or
| ||||||
17 | (ii) the regulatory official of another state who, | ||||||
18 | pursuant to the
terms of the trust instrument, has | ||||||
19 | accepted principal regulatory oversight of
the trust.
| ||||||
20 | (b) The form of the trust and any trust amendments | ||||||
21 | also shall be filed
with the regulatory official of every | ||||||
22 | state in which the ceding insurer
beneficiaries of the | ||||||
23 | trust are domiciled. The trust instrument shall provide
| ||||||
24 | that contested claims shall be valid and enforceable upon | ||||||
25 | the final order of
any court of competent jurisdiction in | ||||||
26 | the United States. The trust shall vest
legal title to its |
| |||||||
| |||||||
1 | assets in its trustees for the benefit of the assuming
| ||||||
2 | insurer's United States policyholders and ceding insurees | ||||||
3 | and their assigns
and
successors in interest. The trust | ||||||
4 | and the assuming insurer shall be subject to
examination | ||||||
5 | as determined by the Director.
| ||||||
6 | (c) The trust shall remain in effect for as long as the | ||||||
7 | assuming insurer
has outstanding obligations due under the | ||||||
8 | reinsurance agreements subject to the
trust. No later than | ||||||
9 | February 28 of each year the trustee of the trust shall
| ||||||
10 | report to the
Director in writing the balance of the trust | ||||||
11 | and a list of the trust's
investments at the preceding | ||||||
12 | year-end and shall certify the date of termination
of
the | ||||||
13 | trust, if so planned, or certify that the trust will not | ||||||
14 | expire prior to
the next following December 31. | ||||||
15 | No later than February 28 of each year, the assuming | ||||||
16 | insurer's chief executive officer or chief financial | ||||||
17 | officer shall certify to the Director that the trust fund | ||||||
18 | contains funds in an amount not less than the assuming | ||||||
19 | insurer's liabilities (as reported to the assuming insurer | ||||||
20 | by its cedent) attributable to reinsurance ceded by U.S. | ||||||
21 | ceding insurers, and in addition, a trusteed surplus of no | ||||||
22 | less than $20,000,000. In the event that item (a-5) of | ||||||
23 | subparagraph (3) of this paragraph (C) applies to the | ||||||
24 | trust, the assuming insurer's chief executive officer or | ||||||
25 | chief financial officer shall then certify to the Director | ||||||
26 | that the trust fund contains funds in an amount not less |
| |||||||
| |||||||
1 | than the assuming insurer's liabilities (as reported to | ||||||
2 | the assuming insurer by its cedent) attributable to | ||||||
3 | reinsurance ceded by U.S. ceding insurers and, in | ||||||
4 | addition, a reduced trusteed surplus of not less than the | ||||||
5 | amount that has been authorized by the regulatory | ||||||
6 | authority having principal regulatory oversight of the | ||||||
7 | trust. | ||||||
8 | (d) No later than February 28 of each year, an | ||||||
9 | assuming insurer that maintains a trust fund in accordance | ||||||
10 | with this paragraph (C) shall provide or make available, | ||||||
11 | if requested by a beneficiary under the trust fund, the | ||||||
12 | following information to the assuming insurer's U.S. | ||||||
13 | ceding insurers or their assigns and successors in | ||||||
14 | interest: | ||||||
15 | (i) a copy of the form of the trust agreement and | ||||||
16 | any trust amendments to the trust agreement pertaining | ||||||
17 | to the trust fund; | ||||||
18 | (ii) a copy of the annual and quarterly financial | ||||||
19 | information, and its most recent audited financial | ||||||
20 | statement provided to the Director by the assuming | ||||||
21 | insurer, including any exhibits and schedules thereto; | ||||||
22 | (iii) any financial information provided to the | ||||||
23 | Director by the assuming insurer that the Director has | ||||||
24 | deemed necessary to determine the financial condition | ||||||
25 | of the assuming insurer and the sufficiency of the | ||||||
26 | trust fund; |
| |||||||
| |||||||
1 | (iv) a copy of any annual and quarterly financial | ||||||
2 | information provided to the Director by the trustee of | ||||||
3 | the trust fund maintained by the assuming insurer, | ||||||
4 | including any exhibits and schedules thereto; | ||||||
5 | (v) a copy of the information required to be | ||||||
6 | reported by the trustee of the trust to the Director | ||||||
7 | under the provisions of this paragraph (C); and | ||||||
8 | (vi) a written certification that the trust fund | ||||||
9 | consists of funds in trust in an amount not less than | ||||||
10 | the assuming insurer's liabilities attributable to | ||||||
11 | reinsurance liabilities (as reported to the assuming | ||||||
12 | insurer by its cedent) attributable to reinsurance | ||||||
13 | ceded by U.S. ceding insurers and, in addition, a | ||||||
14 | trusteed surplus of not less than $20,000,000.
| ||||||
15 | (3) The following requirements apply to the following | ||||||
16 | categories of
assuming insurer:
| ||||||
17 | (a) The trust fund for a single assuming insurer | ||||||
18 | shall consist of
funds
in trust in an amount not less | ||||||
19 | than the assuming insurer's liabilities
attributable | ||||||
20 | to reinsurance ceded by U.S. ceding insurers, and
in
| ||||||
21 | addition, the assuming insurer shall maintain a | ||||||
22 | trusteed surplus of not
less than $20,000,000, except | ||||||
23 | as provided in item (a-5) of this subparagraph (3). | ||||||
24 | (a-5) At any time after the assuming insurer has | ||||||
25 | permanently discontinued underwriting new business | ||||||
26 | secured by the trust for at least 3 full years, the |
| |||||||
| |||||||
1 | Director with principal regulatory oversight of the | ||||||
2 | trust may authorize a reduction in the required | ||||||
3 | trusteed surplus, but only after a finding, based on | ||||||
4 | an assessment of the risk, that the new required | ||||||
5 | surplus level is adequate for the protection of U.S. | ||||||
6 | ceding insurers, policyholders, and claimants in light | ||||||
7 | of reasonably foreseeable adverse loss development. | ||||||
8 | The risk
assessment may involve an actuarial review, | ||||||
9 | including an independent analysis of reserves and cash | ||||||
10 | flows, and shall consider all material risk factors, | ||||||
11 | including, when applicable, the lines of business | ||||||
12 | involved, the stability of the incurred loss | ||||||
13 | estimates, and the effect of the surplus requirements | ||||||
14 | on the assuming insurer's liquidity or solvency. The | ||||||
15 | minimum required trusteed surplus may not be reduced | ||||||
16 | to an amount less than 30% of the assuming insurer's | ||||||
17 | liabilities attributable to reinsurance ceded by U.S. | ||||||
18 | ceding
insurers covered by the trust.
| ||||||
19 | (b)(i) In the case of a group including | ||||||
20 | incorporated and
individual unincorporated
| ||||||
21 | underwriters:
| ||||||
22 | (I) for reinsurance ceded under reinsurance | ||||||
23 | agreements with an
inception, amendment, or | ||||||
24 | renewal date on or after January 1, 1993, the | ||||||
25 | trust
shall consist of a trusteed account in an | ||||||
26 | amount not less than the respective underwriters'
|
| |||||||
| |||||||
1 | several liabilities attributable to business ceded | ||||||
2 | by U.S. domiciled ceding
insurers to any member of | ||||||
3 | the group;
| ||||||
4 | (II) for reinsurance ceded under reinsurance | ||||||
5 | agreements with an
inception date on or before | ||||||
6 | December 31, 1992 and not amended or renewed after
| ||||||
7 | that date, notwithstanding the other provisions of | ||||||
8 | this Act, the trust shall
consist of a trusteed | ||||||
9 | account in an amount not less than the group's | ||||||
10 | several
insurance and reinsurance liabilities | ||||||
11 | attributable to business written in the
United | ||||||
12 | States; and
| ||||||
13 | (III) in addition to these trusts, the group | ||||||
14 | shall maintain in trust
a
trusteed surplus of | ||||||
15 | which not less than $100,000,000 shall be held | ||||||
16 | jointly for
the benefit of the U.S. domiciled | ||||||
17 | ceding insurers of any member of the group
for all | ||||||
18 | years of account.
| ||||||
19 | (ii) The incorporated members of the
group shall | ||||||
20 | not be engaged in any business other than underwriting | ||||||
21 | as a member
of the group and shall be subject to the | ||||||
22 | same level of solvency regulation and
control by the | ||||||
23 | group's domiciliary regulator as are the | ||||||
24 | unincorporated
members.
| ||||||
25 | (iii) Within 90 days after its financial | ||||||
26 | statements are due to be
filed
with the group's |
| |||||||
| |||||||
1 | domiciliary regulator, the group shall provide to the | ||||||
2 | Director
an annual certification by the group's | ||||||
3 | domiciliary regulator of the solvency of
each | ||||||
4 | underwriter member, or if a certification is | ||||||
5 | unavailable, financial
statements prepared by | ||||||
6 | independent public accountants of each underwriter
| ||||||
7 | member of the group.
| ||||||
8 | (c) In the case of a group of incorporated | ||||||
9 | insurers under
common
administration, the group shall:
| ||||||
10 | (i) have continuously transacted an insurance | ||||||
11 | business
outside the United States for at least 3 | ||||||
12 | years immediately before making
application for | ||||||
13 | accreditation;
| ||||||
14 | (ii) maintain aggregate policyholders' surplus | ||||||
15 | of
not less than $10,000,000,000;
| ||||||
16 | (iii) maintain a trust in an amount not
less | ||||||
17 | than
the group's
several liabilities attributable | ||||||
18 | to business ceded by United States
domiciled | ||||||
19 | ceding
insurers to any member of the group | ||||||
20 | pursuant to reinsurance contracts issued in
the | ||||||
21 | name of the group;
| ||||||
22 | (iv) in addition, maintain a joint trusteed
| ||||||
23 | surplus
of which not less than $100,000,000 shall | ||||||
24 | be held jointly for the benefit
of the United
| ||||||
25 | States ceding insurers of any member of the group | ||||||
26 | as additional security for
these liabilities; and
|
| |||||||
| |||||||
1 | (v) within 90 days after its financial | ||||||
2 | statements are due to be
filed
with the group's | ||||||
3 | domiciliary regulator,
make available to the | ||||||
4 | Director an annual certification of each | ||||||
5 | underwriter
member's
solvency by the member's | ||||||
6 | domiciliary regulator and financial statements of
| ||||||
7 | each
underwriter member of the group prepared by | ||||||
8 | its independent public
accountant.
| ||||||
9 | (C-5) Credit shall be allowed when the reinsurance is | ||||||
10 | ceded to an assuming insurer that has been certified by | ||||||
11 | the Director as a reinsurer in this State and secures its | ||||||
12 | obligations in accordance with the requirements of this | ||||||
13 | paragraph (C-5). | ||||||
14 | (1) In order to be eligible for certification, the | ||||||
15 | assuming insurer shall meet the following | ||||||
16 | requirements: | ||||||
17 | (a) the assuming insurer must be domiciled and | ||||||
18 | licensed to transact insurance or reinsurance in a | ||||||
19 | qualified jurisdiction, as determined by the | ||||||
20 | Director pursuant to subparagraph (3) of this | ||||||
21 | paragraph (C-5); | ||||||
22 | (b) the assuming insurer must maintain minimum | ||||||
23 | capital and surplus, or its equivalent, in an | ||||||
24 | amount not less than $250,000,000 or such greater | ||||||
25 | amount as determined by the Director pursuant to | ||||||
26 | regulation; this requirement may also be satisfied |
| |||||||
| |||||||
1 | by an association, including incorporated and | ||||||
2 | individual unincorporated underwriters, having | ||||||
3 | minimum capital and surplus equivalents (net of | ||||||
4 | liabilities) of at least $250,000,000 and a | ||||||
5 | central fund containing a balance of at least | ||||||
6 | $250,000,000; | ||||||
7 | (c) the assuming insurer must maintain | ||||||
8 | financial strength ratings from 2 or more rating | ||||||
9 | agencies deemed acceptable by the Director; these | ||||||
10 | ratings shall be based on interactive | ||||||
11 | communication between the rating agency and the | ||||||
12 | assuming insurer and shall not be based solely on | ||||||
13 | publicly available information; each certified | ||||||
14 | reinsurer shall be rated on a legal entity basis, | ||||||
15 | with due consideration being given to the group | ||||||
16 | rating where appropriate, except that an | ||||||
17 | association, including incorporated and individual | ||||||
18 | unincorporated underwriters, that has been | ||||||
19 | approved to do business as a single certified | ||||||
20 | reinsurer may be evaluated on the basis of its | ||||||
21 | group rating; these financial strength ratings | ||||||
22 | shall be one factor used by the Director in | ||||||
23 | determining the rating that is assigned to the | ||||||
24 | assuming insurer; acceptable rating agencies | ||||||
25 | include the following: | ||||||
26 | (i) Standard & Poor's; |
| |||||||
| |||||||
1 | (ii) Moody's Investors Service; | ||||||
2 | (iii) Fitch Ratings; | ||||||
3 | (iv) A.M. Best Company; or | ||||||
4 | (v) any other nationally recognized | ||||||
5 | statistical rating organization; | ||||||
6 | (d) the assuming insurer must agree to submit | ||||||
7 | to the jurisdiction of this State, appoint the | ||||||
8 | Director as its agent for service of process in | ||||||
9 | this State, and agree to provide security for 100% | ||||||
10 | of the assuming insurer's liabilities attributable | ||||||
11 | to reinsurance ceded by U.S. ceding insurers if it | ||||||
12 | resists enforcement of a final U.S. judgment; and | ||||||
13 | (e) the assuming insurer must agree to meet | ||||||
14 | applicable information filing requirements as | ||||||
15 | determined by the Director, both with respect to | ||||||
16 | an initial application for certification and on an | ||||||
17 | ongoing basis. | ||||||
18 | (2) An association, including incorporated and | ||||||
19 | individual unincorporated underwriters, may be a | ||||||
20 | certified reinsurer. In order to be eligible for | ||||||
21 | certification, in addition to satisfying the | ||||||
22 | requirements of subparagraph (1) of this paragraph | ||||||
23 | (C-5): | ||||||
24 | (a) the association shall satisfy its minimum | ||||||
25 | capital and surplus requirements through the | ||||||
26 | capital and surplus equivalents (net of |
| |||||||
| |||||||
1 | liabilities) of the association and its members, | ||||||
2 | which shall include a joint central fund that may | ||||||
3 | be applied to any unsatisfied obligation of the | ||||||
4 | association or any of its members, in the amounts | ||||||
5 | specified in item (b) of subparagraph (1) of this | ||||||
6 | paragraph (C-5); | ||||||
7 | (b) the incorporated members of the | ||||||
8 | association shall not be engaged in any business | ||||||
9 | other than underwriting as a member of the | ||||||
10 | association and shall be subject to the same level | ||||||
11 | of regulation and solvency control by the | ||||||
12 | association's domiciliary regulator as are the | ||||||
13 | unincorporated members; and | ||||||
14 | (c) within 90 days after its financial | ||||||
15 | statements are due to be filed with the | ||||||
16 | association's domiciliary regulator, the | ||||||
17 | association shall provide to the Director an | ||||||
18 | annual certification by the association's | ||||||
19 | domiciliary regulator of the solvency of each | ||||||
20 | underwriter member; or if a certification is | ||||||
21 | unavailable, financial statements, prepared by | ||||||
22 | independent public accountants, of each | ||||||
23 | underwriter member of the association. | ||||||
24 | (3) The Director shall create and publish a list | ||||||
25 | of qualified jurisdictions, under which an assuming | ||||||
26 | insurer licensed and domiciled in such jurisdiction
is |
| |||||||
| |||||||
1 | eligible to be considered for certification by the | ||||||
2 | Director as a certified reinsurer. | ||||||
3 | (a) In order to determine whether the | ||||||
4 | domiciliary jurisdiction of a non-U.S. assuming | ||||||
5 | insurer is eligible to be recognized as a | ||||||
6 | qualified jurisdiction, the Director shall | ||||||
7 | evaluate the appropriateness and effectiveness of | ||||||
8 | the reinsurance supervisory system of the | ||||||
9 | jurisdiction, both initially and on an ongoing | ||||||
10 | basis, and consider the rights, benefits, and | ||||||
11 | extent of reciprocal recognition afforded by
the | ||||||
12 | non-U.S. jurisdiction to reinsurers licensed and | ||||||
13 | domiciled in the U.S. A qualified jurisdiction | ||||||
14 | must agree in writing to share information and | ||||||
15 | cooperate with the Director with respect to all | ||||||
16 | certified reinsurers domiciled within that | ||||||
17 | jurisdiction. A jurisdiction may not be recognized | ||||||
18 | as a qualified jurisdiction if the Director has | ||||||
19 | determined that the jurisdiction does not | ||||||
20 | adequately and promptly enforce final U.S. | ||||||
21 | judgments and arbitration awards. The costs and | ||||||
22 | expenses associated with the Director's review and | ||||||
23 | evaluation of the domiciliary jurisdictions of | ||||||
24 | non-U.S. assuming insurers shall be borne by the | ||||||
25 | certified reinsurer or reinsurers domiciled in | ||||||
26 | such jurisdiction. |
| |||||||
| |||||||
1 | (b) Additional factors to be considered in | ||||||
2 | determining whether to recognize a qualified | ||||||
3 | jurisdiction include, but are not limited to, the | ||||||
4 | following: | ||||||
5 | (i) the framework under which the assuming | ||||||
6 | insurer is regulated; | ||||||
7 | (ii) the structure and authority of the | ||||||
8 | domiciliary regulator with regard to solvency | ||||||
9 | regulation requirements and financial | ||||||
10 | surveillance; | ||||||
11 | (iii) the substance of financial and | ||||||
12 | operating standards for assuming insurers in | ||||||
13 | the domiciliary jurisdiction; | ||||||
14 | (iv) the form and substance of financial | ||||||
15 | reports required to be filed or made publicly | ||||||
16 | available by reinsurers in the domiciliary | ||||||
17 | jurisdiction and the accounting principles | ||||||
18 | used; | ||||||
19 | (v) the domiciliary regulator's | ||||||
20 | willingness to cooperate with U.S. regulators | ||||||
21 | in general and the Director in particular; | ||||||
22 | (vi) the history of performance by | ||||||
23 | assuming insurers in the domiciliary | ||||||
24 | jurisdiction; | ||||||
25 | (vii) any documented evidence of | ||||||
26 | substantial problems with the enforcement of |
| |||||||
| |||||||
1 | final U.S. judgments in the domiciliary | ||||||
2 | jurisdiction; and | ||||||
3 | (viii) any relevant international | ||||||
4 | standards or guidance with respect to mutual | ||||||
5 | recognition of reinsurance supervision adopted | ||||||
6 | by the International Association of Insurance | ||||||
7 | Supervisors or its successor organization. | ||||||
8 | (c) If, upon conducting an evaluation under | ||||||
9 | this paragraph with respect to the reinsurance | ||||||
10 | supervisory system of any non-U.S. assuming | ||||||
11 | insurer, the Director determines that the | ||||||
12 | jurisdiction qualifies to be recognized as a | ||||||
13 | qualified jurisdiction, the Director shall publish | ||||||
14 | notice and evidence of such recognition in an | ||||||
15 | appropriate manner. The Director may establish a | ||||||
16 | procedure to withdraw recognition of those | ||||||
17 | jurisdictions that are no longer qualified. | ||||||
18 | (d) The Director shall consider the list of | ||||||
19 | qualified jurisdictions through the NAIC committee | ||||||
20 | process in determining qualified jurisdictions. If | ||||||
21 | the Director approves a jurisdiction as qualified | ||||||
22 | that does not appear on the list of qualified | ||||||
23 | jurisdictions, then the Director shall provide | ||||||
24 | thoroughly documented justification in accordance | ||||||
25 | with criteria to be developed under regulations. | ||||||
26 | (e) U.S. jurisdictions that meet the |
| |||||||
| |||||||
1 | requirement for accreditation under the NAIC | ||||||
2 | financial standards and accreditation program | ||||||
3 | shall be recognized as qualified jurisdictions. | ||||||
4 | (f) If a certified reinsurer's domiciliary | ||||||
5 | jurisdiction ceases to be a qualified | ||||||
6 | jurisdiction, then the Director may suspend the | ||||||
7 | reinsurer's certification indefinitely, in lieu of | ||||||
8 | revocation. | ||||||
9 | (4) If an applicant for certification has been | ||||||
10 | certified as a reinsurer in an NAIC accredited | ||||||
11 | jurisdiction, then the Director may defer to that | ||||||
12 | jurisdiction's certification and to the rating | ||||||
13 | assigned by that jurisdiction if the assuming insurer | ||||||
14 | submits a properly executed Form CR-1 and such | ||||||
15 | additional information as the Director requires. Such | ||||||
16 | assuming insurer shall be considered to be a certified | ||||||
17 | reinsurer in this State but only upon the Director's | ||||||
18 | assignment of an Illinois rating, which shall be made | ||||||
19 | based on the requirements of subparagraph (5) of this | ||||||
20 | paragraph (C-5). The following shall apply: | ||||||
21 | (a) Any change in the certified reinsurer's | ||||||
22 | status or rating in the other jurisdiction shall | ||||||
23 | apply automatically in Illinois as of the date it | ||||||
24 | takes effect in the other jurisdiction. The | ||||||
25 | certified reinsurer shall notify the Director of | ||||||
26 | any change in its status or rating within 10 days |
| |||||||
| |||||||
1 | after receiving notice of the change. | ||||||
2 | (b) The Director may withdraw recognition of | ||||||
3 | the other jurisdiction's rating at any time and | ||||||
4 | assign a new rating in accordance with | ||||||
5 | subparagraph (5) of this paragraph (C-5). | ||||||
6 | (c) The Director may withdraw recognition of | ||||||
7 | the other jurisdiction's certification at any time | ||||||
8 | with written notice to the certified reinsurer. | ||||||
9 | Unless the Director suspends or revokes the | ||||||
10 | certified reinsurer's certification in accordance | ||||||
11 | with item (c) of subparagraph (9) of this | ||||||
12 | paragraph (C-5), the certified reinsurer's | ||||||
13 | certification shall remain in good standing in | ||||||
14 | Illinois for a period of 3 months, which shall be | ||||||
15 | extended if additional time is necessary to | ||||||
16 | consider the assuming insurer's application for | ||||||
17 | certification in Illinois. | ||||||
18 | (5) The Director shall assign a rating to each | ||||||
19 | certified reinsurer pursuant to rules adopted by the | ||||||
20 | Department. Factors that shall be considered as part | ||||||
21 | of the evaluation process include the following: | ||||||
22 | (a) The certified reinsurer's financial | ||||||
23 | strength rating from an acceptable rating agency. | ||||||
24 | Financial strength ratings shall be classified | ||||||
25 | according to the following ratings categories: | ||||||
26 | (i) Ratings Category "Secure - 1" |
| |||||||
| |||||||
1 | corresponds to the highest level of rating | ||||||
2 | given by a rating agency, including, but not | ||||||
3 | limited to, A.M. Best Company rating A++; | ||||||
4 | Standard & Poor's rating AAA; Moody's | ||||||
5 | Investors Service rating Aaa; and Fitch | ||||||
6 | Ratings rating AAA. | ||||||
7 | (ii) Ratings Category "Secure - 2" | ||||||
8 | corresponds to the second-highest level of | ||||||
9 | rating or group of ratings given by a rating | ||||||
10 | agency, including, but not limited to, A.M. | ||||||
11 | Best Company rating A+;
Standard & Poor's | ||||||
12 | rating AA+, AA, or AA-; Moody's Investors | ||||||
13 | Service ratings Aa1, Aa2, or Aa3; and Fitch | ||||||
14 | Ratings ratings AA+, AA, or AA-. | ||||||
15 | (iii) Ratings Category "Secure - 3" | ||||||
16 | corresponds to the third-highest level of | ||||||
17 | rating or group of ratings given by a rating | ||||||
18 | agency, including, but not limited to, A.M. | ||||||
19 | Best Company rating A; Standard & Poor's | ||||||
20 | ratings A+ or A; Moody's Investors Service | ||||||
21 | ratings A1 or A2; and Fitch Ratings ratings A+ | ||||||
22 | or A. | ||||||
23 | (iv) Ratings Category "Secure - 4" | ||||||
24 | corresponds to the fourth-highest level of | ||||||
25 | rating or group of ratings given by a rating | ||||||
26 | agency, including, but not limited to, A.M. |
| |||||||
| |||||||
1 | Best Company rating A-; Standard & Poor's | ||||||
2 | rating A-; Moody's Investors Service rating | ||||||
3 | A3; and Fitch Ratings rating A-. | ||||||
4 | (v) Ratings Category "Secure - 5" | ||||||
5 | corresponds to the fifth-highest level of | ||||||
6 | rating or group of ratings given by a rating | ||||||
7 | agency, including, but not limited to, A.M. | ||||||
8 | Best Company ratings B++ or B+; Standard & | ||||||
9 | Poor's ratings BBB+, BBB, or BBB-; Moody's | ||||||
10 | Investors Service ratings Baa1, Baa2, or Baa3; | ||||||
11 | and Fitch Ratings ratings BBB+, BBB, or BBB-. | ||||||
12 | (vi) Ratings Category "Vulnerable - 6" | ||||||
13 | corresponds to a level of rating given by a | ||||||
14 | rating agency, other than those described in | ||||||
15 | subitems (i) through (v) of this item (a), | ||||||
16 | including, but not limited to, A.M. Best | ||||||
17 | Company rating B, B-, C++, C+, C, C-, D, E, or | ||||||
18 | F; Standard & Poor's ratings BB+, BB, BB-, B+, | ||||||
19 | B, B-, CCC, CC, C, D, or R; Moody's Investors | ||||||
20 | Service ratings Ba1, Ba2, Ba3, B1, B2, B3, | ||||||
21 | Caa, Ca, or C; and Fitch Ratings ratings BB+, | ||||||
22 | BB, BB-, B+, B, B-, CCC+, CCC, CCC-, or D. | ||||||
23 | A failure to obtain or
maintain at least 2 | ||||||
24 | financial strength
ratings
from acceptable rating | ||||||
25 | agencies shall result
in loss of eligibility for | ||||||
26 | certification. |
| |||||||
| |||||||
1 | (b) The business practices of the certified | ||||||
2 | reinsurer in dealing with its ceding insurers, | ||||||
3 | including its record of compliance with | ||||||
4 | reinsurance contractual terms and obligations. | ||||||
5 | (c) For certified reinsurers domiciled in the | ||||||
6 | U.S., a review of the most recent applicable NAIC | ||||||
7 | Annual Statement Blank, either Schedule F (for | ||||||
8 | property and casualty reinsurers) or Schedule S | ||||||
9 | (for life and health reinsurers). | ||||||
10 | (d) For certified reinsurers not domiciled in | ||||||
11 | the U.S., a review annually of Form CR-F (for | ||||||
12 | property and casualty reinsurers) or Form CR-S | ||||||
13 | (for life and health reinsurers). | ||||||
14 | (e) The reputation of the certified reinsurer | ||||||
15 | for prompt payment of claims under reinsurance | ||||||
16 | agreements, based on an analysis of ceding | ||||||
17 | insurers' Schedule F reporting of overdue | ||||||
18 | reinsurance recoverables, including the proportion | ||||||
19 | of obligations that are more than 90 days past due | ||||||
20 | or are in dispute, with specific attention given | ||||||
21 | to obligations payable to companies that are in | ||||||
22 | administrative supervision or receivership. | ||||||
23 | (f) Regulatory actions against the certified | ||||||
24 | reinsurer. | ||||||
25 | (g) The report of the independent auditor on | ||||||
26 | the financial statements of the insurance |
| |||||||
| |||||||
1 | enterprise, on the basis described in item (h) of | ||||||
2 | this subparagraph (5). | ||||||
3 | (h) For certified reinsurers not domiciled in | ||||||
4 | the U.S., audited financial statements (audited | ||||||
5 | Generally Accepted Accounting Principles (U.S. | ||||||
6 | GAAP) basis statement if available, audited | ||||||
7 | International Financial Reporting Standards (IFRS) | ||||||
8 | basis statements are allowed but must include an | ||||||
9 | audited footnote reconciling equity and net income | ||||||
10 | to U.S. GAAP basis or, with the permission of the | ||||||
11 | Director, audited IFRS basis statements with | ||||||
12 | reconciliation to U.S. GAAP basis certified by an | ||||||
13 | officer of the company), regulatory filings, and | ||||||
14 | actuarial opinion (as filed with the non-U.S. | ||||||
15 | jurisdiction supervisor). Upon the initial | ||||||
16 | application for certification, the Director shall | ||||||
17 | consider the audited financial statements filed | ||||||
18 | with its non-U.S. jurisdiction supervisor for the | ||||||
19 | 3 years immediately preceding the date of the | ||||||
20 | initial application for certification. | ||||||
21 | (i) The liquidation priority of obligations to | ||||||
22 | a ceding insurer in the certified reinsurer's | ||||||
23 | domiciliary jurisdiction in the context of an | ||||||
24 | insolvency proceeding. | ||||||
25 | (j) A certified reinsurer's participation in | ||||||
26 | any solvent scheme of arrangement, or similar |
| |||||||
| |||||||
1 | procedure, that involves U.S. ceding insurers. The | ||||||
2 | Director shall receive prior notice from a | ||||||
3 | certified reinsurer that proposes participation by | ||||||
4 | the certified reinsurer in a solvent scheme of | ||||||
5 | arrangement. | ||||||
6 | The maximum rating that a certified reinsurer may
| ||||||
7 | be assigned shall correspond to its financial
strength | ||||||
8 | rating, which shall be determined
according to | ||||||
9 | subitems (i) through (vi) of item
(a) of this | ||||||
10 | subparagraph (5). The Director shall use the lowest | ||||||
11 | financial
strength rating received from an acceptable | ||||||
12 | rating
agency in establishing the maximum rating of a
| ||||||
13 | certified reinsurer. | ||||||
14 | (6) Based on the analysis conducted under item (e) | ||||||
15 | of subparagraph (5) of this paragraph (C-5) of a | ||||||
16 | certified reinsurer's reputation for prompt payment of | ||||||
17 | claims, the Director may make appropriate adjustments | ||||||
18 | in the security the certified reinsurer is required to | ||||||
19 | post to protect its liabilities to U.S. ceding | ||||||
20 | insurers, provided that the Director shall, at a | ||||||
21 | minimum, increase the security the certified reinsurer | ||||||
22 | is required to post by one rating level under item (a) | ||||||
23 | of subparagraph (8) of this paragraph (C-5) if the | ||||||
24 | Director finds that: | ||||||
25 | (a) more than 15% of the certified reinsurer's | ||||||
26 | ceding insurance clients have overdue reinsurance |
| |||||||
| |||||||
1 | recoverables on paid losses of 90 days or more | ||||||
2 | that are not in dispute and that exceed $100,000 | ||||||
3 | for each cedent; or | ||||||
4 | (b) the aggregate amount of reinsurance | ||||||
5 | recoverables on paid losses that are not in | ||||||
6 | dispute that are overdue by 90 days or more | ||||||
7 | exceeds $50,000,000. | ||||||
8 | (7) The Director shall post notice on the | ||||||
9 | Department's website promptly upon receipt of any | ||||||
10 | application for certification, including instructions | ||||||
11 | on how members of the public may respond to the | ||||||
12 | application. The Director may not take final action on | ||||||
13 | the application until at least 30 days after posting | ||||||
14 | the notice required by this subparagraph. The Director | ||||||
15 | shall publish a list of all certified reinsurers and | ||||||
16 | their ratings. | ||||||
17 | (8) A certified reinsurer shall secure obligations | ||||||
18 | assumed from U.S. ceding insurers under this | ||||||
19 | subsection (1) at a level consistent with its rating. | ||||||
20 | (a) The amount of security required in order | ||||||
21 | for full credit to be allowed shall correspond | ||||||
22 | with the applicable ratings category: | ||||||
23 | Secure - 1: 0%. | ||||||
24 | Secure - 2: 10%. | ||||||
25 | Secure - 3: 20%. | ||||||
26 | Secure - 4: 50%. |
| |||||||
| |||||||
1 | Secure - 5: 75%. | ||||||
2 | Vulnerable - 6: 100%. | ||||||
3 | (b) Nothing in this subparagraph (8) shall | ||||||
4 | prohibit the parties to a reinsurance agreement | ||||||
5 | from agreeing to provisions establishing security | ||||||
6 | requirements that exceed the minimum security | ||||||
7 | requirements established for certified reinsurers | ||||||
8 | under this Section. | ||||||
9 | (c) In order for a domestic ceding insurer to | ||||||
10 | qualify for full financial statement credit for | ||||||
11 | reinsurance ceded to a certified reinsurer, the | ||||||
12 | certified reinsurer shall maintain security in a | ||||||
13 | form acceptable to the Director and consistent | ||||||
14 | with the provisions of subsection (2) of this | ||||||
15 | Section, or in a multibeneficiary trust in | ||||||
16 | accordance with paragraph (C) of this
subsection | ||||||
17 | (1), except as otherwise provided in this | ||||||
18 | subparagraph (8). | ||||||
19 | (d) If a certified reinsurer maintains a trust | ||||||
20 | to fully secure its obligations subject to | ||||||
21 | paragraph (C) of this subsection (1), and chooses | ||||||
22 | to secure its obligations incurred as a certified | ||||||
23 | reinsurer in the form of a multibeneficiary trust, | ||||||
24 | then the certified reinsurer shall maintain | ||||||
25 | separate trust accounts for its obligations | ||||||
26 | incurred under reinsurance
agreements issued or |
| |||||||
| |||||||
1 | renewed as a certified reinsurer with reduced | ||||||
2 | security as permitted by this subsection or | ||||||
3 | comparable laws of other U.S. jurisdictions and | ||||||
4 | for its obligations subject to paragraph (C) of | ||||||
5 | this subsection (1). It shall be a condition to | ||||||
6 | the grant of certification under this paragraph | ||||||
7 | (C-5) that the certified reinsurer shall have | ||||||
8 | bound itself, by the language of the trust and | ||||||
9 | agreement with the
Director with principal | ||||||
10 | regulatory oversight of each such trust account, | ||||||
11 | to fund, upon termination of any such trust | ||||||
12 | account, out of the remaining surplus of such | ||||||
13 | trust any deficiency of any other such trust | ||||||
14 | account. The certified reinsurer shall also | ||||||
15 | provide or make available, if requested by a | ||||||
16 | beneficiary under a trust, all the information | ||||||
17 | that is required to be provided under the | ||||||
18 | requirements of item (d) of subparagraph (2) of | ||||||
19 | paragraph (C) of this subsection (1) to the | ||||||
20 | certified reinsurer's U.S. ceding insurers or | ||||||
21 | their assigns and successors in interest. The | ||||||
22 | assuming insurer may decline to release trade | ||||||
23 | secrets or commercially sensitive information that | ||||||
24 | would qualify as exempt from disclosure under the | ||||||
25 | Freedom of Information Act. | ||||||
26 | (e) The minimum trusteed surplus requirements |
| |||||||
| |||||||
1 | provided in paragraph (C) of this subsection (1) | ||||||
2 | are not applicable with respect to a | ||||||
3 | multibeneficiary trust maintained by a certified | ||||||
4 | reinsurer for the purpose of securing obligations | ||||||
5 | incurred under this subsection, except that such | ||||||
6 | trust shall maintain a minimum trusteed surplus of | ||||||
7 | $10,000,000. | ||||||
8 | (f) With respect to obligations incurred by a | ||||||
9 | certified reinsurer under this subsection (1), if | ||||||
10 | the security is insufficient, then the Director | ||||||
11 | may reduce the allowable credit by an amount | ||||||
12 | proportionate to the deficiency and may impose | ||||||
13 | further reductions in allowable credit upon | ||||||
14 | finding that there is a material risk that the | ||||||
15 | certified reinsurer's obligations will not be paid | ||||||
16 | in full when due. | ||||||
17 | (9)(a) In the case of a downgrade by a rating | ||||||
18 | agency or other disqualifying circumstance, the | ||||||
19 | Director shall by written notice assign a new rating | ||||||
20 | to the certified reinsurer in accordance with the | ||||||
21 | requirements of subparagraph (5) of this paragraph | ||||||
22 | (C-5). | ||||||
23 | (b) If the rating of a certified reinsurer is | ||||||
24 | upgraded by the Director, then the certified reinsurer | ||||||
25 | may meet the security requirements applicable to its | ||||||
26 | new rating on a prospective basis, but the Director |
| |||||||
| |||||||
1 | shall require the certified reinsurer to post security | ||||||
2 | under the previously applicable security requirements | ||||||
3 | as to all contracts in force on or before the effective | ||||||
4 | date of the upgraded rating. If the rating of a | ||||||
5 | certified reinsurer is downgraded by the Director, | ||||||
6 | then the Director shall require the certified | ||||||
7 | reinsurer to meet the security requirements applicable | ||||||
8 | to its new rating for all business it has assumed as a | ||||||
9 | certified reinsurer. | ||||||
10 | (c) The Director may suspend, revoke, or otherwise | ||||||
11 | modify a certified reinsurer's certification at any | ||||||
12 | time if the certified reinsurer fails to meet its | ||||||
13 | obligations or security requirements under this | ||||||
14 | Section or if other financial or operating results of | ||||||
15 | the certified reinsurer, or documented significant | ||||||
16 | delays in payment by the certified reinsurer, lead the | ||||||
17 | Director to reconsider the certified reinsurer's | ||||||
18 | ability or willingness to meet its contractual | ||||||
19 | obligations. In seeking to suspend, revoke, or | ||||||
20 | otherwise modify a certified reinsurer's | ||||||
21 | certification, the Director shall follow the | ||||||
22 | procedures provided in paragraph (G) of this | ||||||
23 | subsection (1). | ||||||
24 | (d) For purposes of this subsection (1), a | ||||||
25 | certified reinsurer whose certification has been | ||||||
26 | terminated for any reason shall be treated as a |
| |||||||
| |||||||
1 | certified reinsurer required to secure 100% of its | ||||||
2 | obligations. | ||||||
3 | (i) As used in this item (d), the term | ||||||
4 | "terminated" refers to revocation, suspension, | ||||||
5 | voluntary surrender and inactive status. | ||||||
6 | (ii) If the Director continues to assign a | ||||||
7 | higher rating as permitted by other provisions of | ||||||
8 | this Section, then this requirement does not apply | ||||||
9 | to a certified reinsurer in inactive status or to | ||||||
10 | a reinsurer whose certification has been | ||||||
11 | suspended. | ||||||
12 | (e) Upon revocation of the certification of a | ||||||
13 | certified reinsurer by the Director, the assuming | ||||||
14 | insurer shall be required to post security in | ||||||
15 | accordance with subsection (2) of this Section in | ||||||
16 | order for the ceding insurer to continue to take | ||||||
17 | credit for reinsurance ceded to the assuming insurer. | ||||||
18 | If funds continue to be held in trust, then the | ||||||
19 | Director may allow additional credit equal to the | ||||||
20 | ceding insurer's pro rata share of the funds, | ||||||
21 | discounted to reflect the risk of uncollectibility and | ||||||
22 | anticipated expenses of trust administration. | ||||||
23 | (f) Notwithstanding the change of a certified | ||||||
24 | reinsurer's rating or revocation of its certification, | ||||||
25 | a domestic insurer that has ceded reinsurance to that | ||||||
26 | certified reinsurer may not be denied credit for |
| |||||||
| |||||||
1 | reinsurance for a period of 3 months for all | ||||||
2 | reinsurance ceded to that certified reinsurer, unless | ||||||
3 | the reinsurance is found by the Director to be at high | ||||||
4 | risk of uncollectibility. | ||||||
5 | (10) A certified reinsurer that ceases to assume | ||||||
6 | new business in this State may request to maintain its | ||||||
7 | certification in inactive status in order to continue | ||||||
8 | to qualify for a reduction in security for its | ||||||
9 | in-force business. An inactive certified reinsurer | ||||||
10 | shall continue to comply with all applicable | ||||||
11 | requirements of this subsection (1), and the Director | ||||||
12 | shall assign a rating that takes into account, if | ||||||
13 | relevant, the reasons why the reinsurer is not | ||||||
14 | assuming new business. | ||||||
15 | (11) Credit for reinsurance under this paragraph | ||||||
16 | (C-5)
shall apply only to reinsurance contracts | ||||||
17 | entered
into or renewed on or after the effective date | ||||||
18 | of
the certification of the assuming insurer. | ||||||
19 | (12) The Director shall comply with all reporting | ||||||
20 | and notification requirements that may be established | ||||||
21 | by the NAIC with respect to certified reinsurers and | ||||||
22 | qualified jurisdictions. | ||||||
23 | (D) Credit shall be allowed when the reinsurance is | ||||||
24 | ceded to an assuming
insurer not meeting the requirements | ||||||
25 | of paragraph (A), (B), or (C) of this subsection (1)
but | ||||||
26 | only with respect to the insurance of risks located in |
| |||||||
| |||||||
1 | jurisdictions
where that reinsurance is required by | ||||||
2 | applicable law or regulation of that
jurisdiction.
| ||||||
3 | (E) If the assuming insurer is not licensed to | ||||||
4 | transact insurance in
this State or an accredited or | ||||||
5 | certified reinsurer in this State, the credit permitted
by | ||||||
6 | paragraphs (B-5) and (C) of this subsection (1) shall not | ||||||
7 | be allowed unless the assuming insurer
agrees in the | ||||||
8 | reinsurance agreements:
| ||||||
9 | (1) that in the event of the failure of the | ||||||
10 | assuming insurer to perform
its obligations under the | ||||||
11 | terms of the reinsurance agreement, the assuming
| ||||||
12 | insurer, at the request of the ceding insurer, shall | ||||||
13 | submit to the
jurisdiction of any court of competent | ||||||
14 | jurisdiction in any state of the
United States, will | ||||||
15 | comply with all requirements necessary to give the
| ||||||
16 | court jurisdiction, and will abide by the final | ||||||
17 | decision of the court or of
any appellate court in the | ||||||
18 | event of an appeal; and
| ||||||
19 | (2) to designate the Director or a designated | ||||||
20 | attorney as its true and
lawful attorney upon whom may | ||||||
21 | be served any lawful process in any action,
suit, or | ||||||
22 | proceeding instituted by or on behalf of the ceding | ||||||
23 | company.
| ||||||
24 | This provision is not intended to conflict with or | ||||||
25 | override the
obligation of the parties to a reinsurance | ||||||
26 | agreement to arbitrate their
disputes, if an obligation to |
| |||||||
| |||||||
1 | arbitrate is created in the agreement.
| ||||||
2 | (F) If the assuming insurer does not meet the | ||||||
3 | requirements of paragraph (A) or (B) of this
subsection | ||||||
4 | (1), the credit permitted by paragraph (C) of this | ||||||
5 | subsection (1) shall not
be allowed unless the assuming | ||||||
6 | insurer agrees in the trust agreements to the
following | ||||||
7 | conditions:
| ||||||
8 | (1) Notwithstanding any other provisions in the | ||||||
9 | trust instrument, if the
trust fund is inadequate | ||||||
10 | because it contains an amount less than the amount
| ||||||
11 | required by subparagraph (3) of paragraph (C) of this | ||||||
12 | subsection (1) or if the grantor of the trust
has been | ||||||
13 | declared insolvent or placed into receivership, | ||||||
14 | rehabilitation,
liquidation, or similar proceedings | ||||||
15 | under the laws of its state or country of
domicile, the | ||||||
16 | trustee shall comply with an order of the state | ||||||
17 | official with
regulatory oversight over the trust or | ||||||
18 | with an order of a court of competent
jurisdiction | ||||||
19 | directing the trustee to transfer to the state | ||||||
20 | official with
regulatory oversight all of the assets | ||||||
21 | of the trust fund.
| ||||||
22 | (2) The assets shall be distributed by and claims | ||||||
23 | shall be filed with
and valued by the state official | ||||||
24 | with regulatory oversight in accordance with
the laws | ||||||
25 | of the state in which the trust is domiciled that are | ||||||
26 | applicable to
the liquidation of domestic insurance |
| |||||||
| |||||||
1 | companies.
| ||||||
2 | (3) If the state official with regulatory | ||||||
3 | oversight determines that the
assets of the trust fund | ||||||
4 | or any part thereof
are not necessary to satisfy the | ||||||
5 | claims of the U.S. ceding insurers of the
grantor of | ||||||
6 | the trust, the assets or part thereof shall be | ||||||
7 | returned by the state
official with regulatory | ||||||
8 | oversight to the trustee for distribution in
| ||||||
9 | accordance with the trust agreement.
| ||||||
10 | (4) The grantor shall waive any rights otherwise | ||||||
11 | available to it under
U.S. law that are inconsistent | ||||||
12 | with the provision.
| ||||||
13 | (G) If an accredited or certified reinsurer ceases to | ||||||
14 | meet the requirements for accreditation or certification, | ||||||
15 | then the Director may suspend or revoke the reinsurer's | ||||||
16 | accreditation or certification. | ||||||
17 | (1) The Director must give the reinsurer notice | ||||||
18 | and opportunity for hearing. The suspension or | ||||||
19 | revocation may not take effect until after the | ||||||
20 | Director's order on hearing, unless: | ||||||
21 | (a) the reinsurer waives its right to hearing; | ||||||
22 | (b) the Director's order is based on | ||||||
23 | regulatory action by the reinsurer's domiciliary | ||||||
24 | jurisdiction or the voluntary surrender or | ||||||
25 | termination of the reinsurer's eligibility to | ||||||
26 | transact insurance or reinsurance business in its |
| |||||||
| |||||||
1 | domiciliary jurisdiction or in the primary | ||||||
2 | certifying state of the reinsurer under | ||||||
3 | subparagraph (4) of paragraph (C-5) of this | ||||||
4 | subsection (1); or | ||||||
5 | (c) the Director finds that an emergency | ||||||
6 | requires immediate action and a court of competent | ||||||
7 | jurisdiction has not stayed the Director's action. | ||||||
8 | (2) While a reinsurer's accreditation or | ||||||
9 | certification is suspended, no reinsurance
contract | ||||||
10 | issued or renewed after the effective date of the | ||||||
11 | suspension qualifies for credit except to the extent | ||||||
12 | that the reinsurer's obligations under the contract | ||||||
13 | are secured in accordance with subsection (2) of this | ||||||
14 | Section. If a reinsurer's accreditation or | ||||||
15 | certification is revoked, no credit for reinsurance | ||||||
16 | may be granted after the effective date of the | ||||||
17 | revocation, except to the extent that the reinsurer's | ||||||
18 | obligations under the contract are secured in | ||||||
19 | accordance with subsection (2) of this Section. | ||||||
20 | (H) The following provisions shall apply concerning | ||||||
21 | concentration of risk: | ||||||
22 | (1) A ceding insurer shall take steps to manage | ||||||
23 | its reinsurance recoverable proportionate to its own | ||||||
24 | book of business. A domestic ceding insurer shall | ||||||
25 | notify the Director within 30 days after reinsurance | ||||||
26 | recoverables from any single assuming insurer, or |
| |||||||
| |||||||
1 | group of affiliated assuming insurers, exceeds 50% of | ||||||
2 | the domestic ceding insurer's last reported surplus to | ||||||
3 | policyholders, or after it is determined that | ||||||
4 | reinsurance recoverables from any single assuming | ||||||
5 | insurer, or group of affiliated assuming insurers, is | ||||||
6 | likely to exceed this limit. The notification shall | ||||||
7 | demonstrate that the exposure is safely managed by the | ||||||
8 | domestic ceding insurer. | ||||||
9 | (2) A ceding insurer shall take steps to diversify | ||||||
10 | its reinsurance program. A domestic ceding insurer | ||||||
11 | shall notify the Director within 30 days after ceding | ||||||
12 | to any single assuming insurer, or group of affiliated | ||||||
13 | assuming insurers, more than 20% of the ceding | ||||||
14 | insurer's gross written premium in the prior calendar | ||||||
15 | year, or after it has determined that the reinsurance | ||||||
16 | ceded to any single assuming insurer, or group of | ||||||
17 | affiliated assuming insurers, is likely to exceed this | ||||||
18 | limit. The notification shall demonstrate that the | ||||||
19 | exposure is safely managed by the domestic ceding | ||||||
20 | insurer. | ||||||
21 | (2) Credit for the reinsurance ceded by a
domestic
insurer | ||||||
22 | to an assuming insurer not meeting the requirements of | ||||||
23 | subsection
(1) of this Section shall be allowed in an amount | ||||||
24 | not exceeding the assets or liabilities
carried by
the ceding | ||||||
25 | insurer. The credit shall not exceed the amount of funds held
| ||||||
26 | by or held in trust for the ceding insurer under a reinsurance |
| |||||||
| |||||||
1 | contract with the assuming insurer
as security for the payment | ||||||
2 | of obligations thereunder, if the security is
held in the | ||||||
3 | United States subject to withdrawal solely by, and under the
| ||||||
4 | exclusive control of, the ceding insurer; or, in the case of a | ||||||
5 | trust, held
in a qualified United States financial | ||||||
6 | institution, as defined in paragraph (B) of
subsection (3) of | ||||||
7 | this Section. This security may be in the form of:
| ||||||
8 | (A) Cash.
| ||||||
9 | (B) Securities listed by the Securities Valuation | ||||||
10 | Office of the National
Association of Insurance | ||||||
11 | Commissioners, including those deemed exempt from filing | ||||||
12 | as defined by the Purposes and Procedures Manual of the | ||||||
13 | Securities Valuation Office that conform to the | ||||||
14 | requirements
of Article VIII of this Code that are not | ||||||
15 | issued by an affiliate of either
the assuming or ceding | ||||||
16 | company.
| ||||||
17 | (C) Clean, irrevocable, unconditional, letters of | ||||||
18 | credit issued or
confirmed by a qualified United States | ||||||
19 | financial institution, as defined in paragraph (A) of
| ||||||
20 | subsection (3) of this Section. The letters of credit | ||||||
21 | shall be effective no
later than December 31 of the year | ||||||
22 | for which filing is being
made, and in the possession of, | ||||||
23 | or in trust for, the ceding company on or
before the filing | ||||||
24 | date of its annual statement. Letters of credit meeting
| ||||||
25 | applicable standards of issuer acceptability as of the | ||||||
26 | dates of their
issuance (or confirmation) shall, |
| |||||||
| |||||||
1 | notwithstanding the issuing (or
confirming) institution's | ||||||
2 | subsequent failure to meet applicable standards
of issuer | ||||||
3 | acceptability, continue to be acceptable as security until | ||||||
4 | their
expiration, extension, renewal, modification, or | ||||||
5 | amendment, whichever first
occurs. | ||||||
6 | (D) Any other form of security acceptable to the | ||||||
7 | Director.
| ||||||
8 | (3)(A) For purposes of paragraph (C) of subsection (2) of | ||||||
9 | this Section, a "qualified United States
financial | ||||||
10 | institution" means an institution that:
| ||||||
11 | (1) is organized or, in the case of a U.S. office of a | ||||||
12 | foreign
banking organization, licensed under the laws of | ||||||
13 | the United States or
any state thereof;
| ||||||
14 | (2) is regulated, supervised, and examined by U.S. | ||||||
15 | federal or state
authorities having regulatory authority | ||||||
16 | over banks and trust companies;
| ||||||
17 | (3) has been designated by either the Director or the | ||||||
18 | Securities
Valuation Office of the
National Association of | ||||||
19 | Insurance Commissioners as meeting such
standards of | ||||||
20 | financial condition and standing as are considered | ||||||
21 | necessary and
appropriate to regulate the quality of | ||||||
22 | financial institutions whose letters of
credit will be | ||||||
23 | acceptable to the Director; and
| ||||||
24 | (4) is not affiliated with the assuming company.
| ||||||
25 | (B) A "qualified United States financial institution" | ||||||
26 | means, for
purposes of those provisions of this law specifying |
| |||||||
| |||||||
1 | those institutions that
are eligible to act as a fiduciary of a | ||||||
2 | trust, an institution that:
| ||||||
3 | (1) is organized or, in the case of the U.S. branch or | ||||||
4 | agency office of
a foreign banking organization, licensed | ||||||
5 | under the laws of the United States or
any state thereof | ||||||
6 | and has been granted authority to operate with fiduciary
| ||||||
7 | powers;
| ||||||
8 | (2) is regulated, supervised, and examined by federal | ||||||
9 | or state
authorities having regulatory authority over | ||||||
10 | banks and trust companies; and
| ||||||
11 | (3) is not affiliated with the assuming company, | ||||||
12 | however, if the
subject of the reinsurance contract is | ||||||
13 | insurance written pursuant to
Section 155.51 of this Code, | ||||||
14 | the financial institution may be affiliated
with the | ||||||
15 | assuming company with the prior approval of the Director. | ||||||
16 | (C) Except as set forth in subparagraph (11) of paragraph | ||||||
17 | (C-5) of subsection (1) of this Section as to cessions by | ||||||
18 | certified reinsurers, this amendatory Act of the 100th General | ||||||
19 | Assembly shall apply to all cessions after the effective date | ||||||
20 | of this amendatory Act of the 100th General Assembly under | ||||||
21 | reinsurance agreements that have an inception, anniversary, or | ||||||
22 | renewal date not less than 6 months after the effective date of | ||||||
23 | this amendatory Act of the 100th General Assembly.
| ||||||
24 | (D) The Department shall adopt rules implementing the | ||||||
25 | provisions of this Article. | ||||||
26 | (Source: P.A. 100-1118, eff. 11-27-18.)
|
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 102-578 )
| ||||||
2 | Sec. 173.1. Credit allowed a domestic ceding insurer.
| ||||||
3 | (1) Except as otherwise provided under Article VIII 1/2 of | ||||||
4 | this Code and
related provisions of the Illinois | ||||||
5 | Administrative Code, credit for
reinsurance shall be allowed a | ||||||
6 | domestic ceding insurer as
either an admitted asset or a | ||||||
7 | deduction from liability on account of
reinsurance ceded only | ||||||
8 | when the reinsurer meets the requirements of paragraph (A), | ||||||
9 | (B), (B-5), (C), (C-5), (C-10), or (D) of this subsection (1).
| ||||||
10 | Credit shall be allowed under paragraph (A), (B), or (B-5) of | ||||||
11 | this subsection (1) only as respects
cessions of those kinds | ||||||
12 | or classes of business in which the assuming insurer is
| ||||||
13 | licensed or otherwise permitted to write or assume in its | ||||||
14 | state of domicile, or
in the case of a U.S. branch of a | ||||||
15 | non-domestic an alien assuming insurer, in the state through
| ||||||
16 | which it is entered and licensed to transact insurance or | ||||||
17 | reinsurance. Credit
shall be allowed under paragraph (B-5) or | ||||||
18 | (C) of this subsection (1) only
if the applicable requirements | ||||||
19 | of paragraph (E) of this subsection (1)
have been
satisfied.
| ||||||
20 | (A) Credit shall be allowed when the reinsurance is | ||||||
21 | ceded to an assuming
insurer that is authorized in this | ||||||
22 | State
to transact the types of insurance ceded and has at | ||||||
23 | least $5,000,000 in
capital and surplus.
| ||||||
24 | (B) Credit shall be allowed when the reinsurance is | ||||||
25 | ceded to an assuming
insurer that is accredited as a |
| |||||||
| |||||||
1 | reinsurer in this State. An accredited
reinsurer is one | ||||||
2 | that:
| ||||||
3 | (1) files with the Director evidence of its | ||||||
4 | submission to this State's
jurisdiction;
| ||||||
5 | (2) submits to this State's authority to examine | ||||||
6 | its books and records;
| ||||||
7 | (3) is licensed to transact insurance or | ||||||
8 | reinsurance in at least one
state, or in the case of a | ||||||
9 | U.S. branch of a non-domestic an alien assuming | ||||||
10 | insurer is
entered through and licensed to transact | ||||||
11 | insurance or reinsurance in at
least one state;
| ||||||
12 | (4) files annually with the Director a copy of its | ||||||
13 | annual statement
filed with the insurance department | ||||||
14 | of its state of domicile and a copy of
its most recent | ||||||
15 | audited financial statement; and
| ||||||
16 | (5) maintains a surplus as regards policyholders | ||||||
17 | in an amount that is
not less than $20,000,000 and | ||||||
18 | whose accreditation has been approved by the
Director.
| ||||||
19 | (B-5)(1) Credit shall be allowed when the reinsurance | ||||||
20 | is ceded to an assuming insurer that is domiciled in, or in | ||||||
21 | the case of a U.S. branch of a non-domestic an alien | ||||||
22 | assuming
insurer is entered through, a state that employs | ||||||
23 | standards regarding credit for reinsurance substantially | ||||||
24 | similar to those applicable under this Code and the | ||||||
25 | assuming insurer or U.S. branch of a non-domestic an alien | ||||||
26 | assuming insurer: |
| |||||||
| |||||||
1 | (a) maintains a surplus as regards policyholders | ||||||
2 | in an amount not less than $20,000,000; and | ||||||
3 | (b) submits to the authority of this State to | ||||||
4 | examine its books and records. | ||||||
5 | (2) The requirement of item (a) of subparagraph (1) of | ||||||
6 | paragraph (B-5) of this subsection (1) does not apply to | ||||||
7 | reinsurance ceded and assumed pursuant to pooling | ||||||
8 | arrangements among insurers in the same holding company | ||||||
9 | system. | ||||||
10 |
(C)(1) Credit shall be allowed when the reinsurance | ||||||
11 | is ceded to
an assuming insurer that maintains a trust | ||||||
12 | fund in a qualified United
States financial institution, | ||||||
13 | as defined in paragraph (B) of subsection (3) of this | ||||||
14 | Section, for the
payment of the valid claims of its United | ||||||
15 | States policyholders and ceding
insurers, their assigns | ||||||
16 | and successors in interest. The assuming insurer
shall | ||||||
17 | report to the Director information substantially the same | ||||||
18 | as
that required to be reported on the NAIC annual and | ||||||
19 | quarterly financial
statement by authorized
insurers and | ||||||
20 | any other financial information that the
Director deems | ||||||
21 | necessary to determine the financial condition of the
| ||||||
22 | assuming insurer and the sufficiency of the trust
fund. | ||||||
23 | The assuming insurer shall provide or make the information | ||||||
24 | available to the ceding insurer. The assuming insurer may | ||||||
25 | decline to release trade secrets or commercially sensitive | ||||||
26 | information that would qualify as exempt from disclosure |
| |||||||
| |||||||
1 | under the Freedom of Information Act. The Director shall | ||||||
2 | also make the information publicly available, subject only | ||||||
3 | to such reasonable objections as might be raised to a | ||||||
4 | request pursuant to the Freedom of Information Act, as | ||||||
5 | determined by the Director. The assuming insurer shall | ||||||
6 | submit to examination of its books and records by
the | ||||||
7 | Director and bear the expense of examination.
| ||||||
8 | (2)(a) Credit for reinsurance shall not be granted | ||||||
9 | under this subsection
unless the form of the trust and any | ||||||
10 | amendments to the trust have been approved
by:
| ||||||
11 | (i) the regulatory official of the state where the | ||||||
12 | trust is domiciled;
or
| ||||||
13 | (ii) the regulatory official of another state who, | ||||||
14 | pursuant to the
terms of the trust instrument, has | ||||||
15 | accepted principal regulatory oversight of
the trust.
| ||||||
16 | (b) The form of the trust and any trust amendments | ||||||
17 | also shall be filed
with the regulatory official of every | ||||||
18 | state in which the ceding insurer
beneficiaries of the | ||||||
19 | trust are domiciled. The trust instrument shall provide
| ||||||
20 | that contested claims shall be valid and enforceable upon | ||||||
21 | the final order of
any court of competent jurisdiction in | ||||||
22 | the United States. The trust shall vest
legal title to its | ||||||
23 | assets in its trustees for the benefit of the assuming
| ||||||
24 | insurer's United States policyholders and ceding insurees | ||||||
25 | and their assigns
and
successors in interest. The trust | ||||||
26 | and the assuming insurer shall be subject to
examination |
| |||||||
| |||||||
1 | as determined by the Director.
| ||||||
2 | (c) The trust shall remain in effect for as long as the | ||||||
3 | assuming insurer
has outstanding obligations due under the | ||||||
4 | reinsurance agreements subject to the
trust. No later than | ||||||
5 | February 28 of each year the trustee of the trust shall
| ||||||
6 | report to the
Director in writing the balance of the trust | ||||||
7 | and a list of the trust's
investments at the preceding | ||||||
8 | year-end and shall certify the date of termination
of
the | ||||||
9 | trust, if so planned, or certify that the trust will not | ||||||
10 | expire prior to
the next following December 31. | ||||||
11 | No later than February 28 of each year, the assuming | ||||||
12 | insurer's chief executive officer or chief financial | ||||||
13 | officer shall certify to the Director that the trust fund | ||||||
14 | contains funds in an amount not less than the assuming | ||||||
15 | insurer's liabilities (as reported to the assuming insurer | ||||||
16 | by its cedent) attributable to reinsurance ceded by U.S. | ||||||
17 | ceding insurers, and in addition, a trusteed surplus of no | ||||||
18 | less than $20,000,000. In the event that item (a-5) of | ||||||
19 | subparagraph (3) of this paragraph (C) applies to the | ||||||
20 | trust, the assuming insurer's chief executive officer or | ||||||
21 | chief financial officer shall then certify to the Director | ||||||
22 | that the trust fund contains funds in an amount not less | ||||||
23 | than the assuming insurer's liabilities (as reported to | ||||||
24 | the assuming insurer by its cedent) attributable to | ||||||
25 | reinsurance ceded by U.S. ceding insurers and, in | ||||||
26 | addition, a reduced trusteed surplus of not less than the |
| |||||||
| |||||||
1 | amount that has been authorized by the regulatory | ||||||
2 | authority having principal regulatory oversight of the | ||||||
3 | trust. | ||||||
4 | (d) No later than February 28 of each year, an | ||||||
5 | assuming insurer that maintains a trust fund in accordance | ||||||
6 | with this paragraph (C) shall provide or make available, | ||||||
7 | if requested by a beneficiary under the trust fund, the | ||||||
8 | following information to the assuming insurer's U.S. | ||||||
9 | ceding insurers or their assigns and successors in | ||||||
10 | interest: | ||||||
11 | (i) a copy of the form of the trust agreement and | ||||||
12 | any trust amendments to the trust agreement pertaining | ||||||
13 | to the trust fund; | ||||||
14 | (ii) a copy of the annual and quarterly financial | ||||||
15 | information, and its most recent audited financial | ||||||
16 | statement provided to the Director by the assuming | ||||||
17 | insurer, including any exhibits and schedules thereto; | ||||||
18 | (iii) any financial information provided to the | ||||||
19 | Director by the assuming insurer that the Director has | ||||||
20 | deemed necessary to determine the financial condition | ||||||
21 | of the assuming insurer and the sufficiency of the | ||||||
22 | trust fund; | ||||||
23 | (iv) a copy of any annual and quarterly financial | ||||||
24 | information provided to the Director by the trustee of | ||||||
25 | the trust fund maintained by the assuming insurer, | ||||||
26 | including any exhibits and schedules thereto; |
| |||||||
| |||||||
1 | (v) a copy of the information required to be | ||||||
2 | reported by the trustee of the trust to the Director | ||||||
3 | under the provisions of this paragraph (C); and | ||||||
4 | (vi) a written certification that the trust fund | ||||||
5 | consists of funds in trust in an amount not less than | ||||||
6 | the assuming insurer's liabilities attributable to | ||||||
7 | reinsurance liabilities (as reported to the assuming | ||||||
8 | insurer by its cedent) attributable to reinsurance | ||||||
9 | ceded by U.S. ceding insurers and, in addition, a | ||||||
10 | trusteed surplus of not less than $20,000,000.
| ||||||
11 | (3) The following requirements apply to the following | ||||||
12 | categories of
assuming insurer:
| ||||||
13 | (a) The trust fund for a single assuming insurer | ||||||
14 | shall consist of
funds
in trust in an amount not less | ||||||
15 | than the assuming insurer's liabilities
attributable | ||||||
16 | to reinsurance ceded by U.S. ceding insurers, and
in
| ||||||
17 | addition, the assuming insurer shall maintain a | ||||||
18 | trusteed surplus of not
less than $20,000,000, except | ||||||
19 | as provided in item (a-5) of this subparagraph (3). | ||||||
20 | (a-5) At any time after the assuming insurer has | ||||||
21 | permanently discontinued underwriting new business | ||||||
22 | secured by the trust for at least 3 full years, the | ||||||
23 | Director with principal regulatory oversight of the | ||||||
24 | trust may authorize a reduction in the required | ||||||
25 | trusteed surplus, but only after a finding, based on | ||||||
26 | an assessment of the risk, that the new required |
| |||||||
| |||||||
1 | surplus level is adequate for the protection of U.S. | ||||||
2 | ceding insurers, policyholders, and claimants in light | ||||||
3 | of reasonably foreseeable adverse loss development. | ||||||
4 | The risk
assessment may involve an actuarial review, | ||||||
5 | including an independent analysis of reserves and cash | ||||||
6 | flows, and shall consider all material risk factors, | ||||||
7 | including, when applicable, the lines of business | ||||||
8 | involved, the stability of the incurred loss | ||||||
9 | estimates, and the effect of the surplus requirements | ||||||
10 | on the assuming insurer's liquidity or solvency. The | ||||||
11 | minimum required trusteed surplus may not be reduced | ||||||
12 | to an amount less than 30% of the assuming insurer's | ||||||
13 | liabilities attributable to reinsurance ceded by U.S. | ||||||
14 | ceding
insurers covered by the trust.
| ||||||
15 | (b)(i) In the case of a group including | ||||||
16 | incorporated and
individual unincorporated
| ||||||
17 | underwriters:
| ||||||
18 | (I) for reinsurance ceded under reinsurance | ||||||
19 | agreements with an
inception, amendment, or | ||||||
20 | renewal date on or after January 1, 1993, the | ||||||
21 | trust
shall consist of a trusteed account in an | ||||||
22 | amount not less than the respective underwriters'
| ||||||
23 | several liabilities attributable to business ceded | ||||||
24 | by U.S. domiciled ceding
insurers to any member of | ||||||
25 | the group;
| ||||||
26 | (II) for reinsurance ceded under reinsurance |
| |||||||
| |||||||
1 | agreements with an
inception date on or before | ||||||
2 | December 31, 1992 and not amended or renewed after
| ||||||
3 | that date, notwithstanding the other provisions of | ||||||
4 | this Act, the trust shall
consist of a trusteed | ||||||
5 | account in an amount not less than the group's | ||||||
6 | several
insurance and reinsurance liabilities | ||||||
7 | attributable to business written in the
United | ||||||
8 | States; and
| ||||||
9 | (III) in addition to these trusts, the group | ||||||
10 | shall maintain in trust
a
trusteed surplus of | ||||||
11 | which not less than $100,000,000 shall be held | ||||||
12 | jointly for
the benefit of the U.S. domiciled | ||||||
13 | ceding insurers of any member of the group
for all | ||||||
14 | years of account.
| ||||||
15 | (ii) The incorporated members of the
group shall | ||||||
16 | not be engaged in any business other than underwriting | ||||||
17 | as a member
of the group and shall be subject to the | ||||||
18 | same level of solvency regulation and
control by the | ||||||
19 | group's domiciliary regulator as are the | ||||||
20 | unincorporated
members.
| ||||||
21 | (iii) Within 90 days after its financial | ||||||
22 | statements are due to be
filed
with the group's | ||||||
23 | domiciliary regulator, the group shall provide to the | ||||||
24 | Director
an annual certification by the group's | ||||||
25 | domiciliary regulator of the solvency of
each | ||||||
26 | underwriter member, or if a certification is |
| |||||||
| |||||||
1 | unavailable, financial
statements prepared by | ||||||
2 | independent public accountants of each underwriter
| ||||||
3 | member of the group.
| ||||||
4 | (c) In the case of a group of incorporated | ||||||
5 | insurers under
common
administration, the group shall:
| ||||||
6 | (i) have continuously transacted an insurance | ||||||
7 | business
outside the United States for at least 3 | ||||||
8 | years immediately before making
application for | ||||||
9 | accreditation;
| ||||||
10 | (ii) maintain aggregate policyholders' surplus | ||||||
11 | of
not less than $10,000,000,000;
| ||||||
12 | (iii) maintain a trust in an amount not
less | ||||||
13 | than
the group's
several liabilities attributable | ||||||
14 | to business ceded by United States
domiciled | ||||||
15 | ceding
insurers to any member of the group | ||||||
16 | pursuant to reinsurance contracts issued in
the | ||||||
17 | name of the group;
| ||||||
18 | (iv) in addition, maintain a joint trusteed
| ||||||
19 | surplus
of which not less than $100,000,000 shall | ||||||
20 | be held jointly for the benefit
of the United
| ||||||
21 | States ceding insurers of any member of the group | ||||||
22 | as additional security for
these liabilities; and
| ||||||
23 | (v) within 90 days after its financial | ||||||
24 | statements are due to be
filed
with the group's | ||||||
25 | domiciliary regulator,
make available to the | ||||||
26 | Director an annual certification of each |
| |||||||
| |||||||
1 | underwriter
member's
solvency by the member's | ||||||
2 | domiciliary regulator and financial statements of
| ||||||
3 | each
underwriter member of the group prepared by | ||||||
4 | its independent public
accountant.
| ||||||
5 | (C-5) Credit shall be allowed when the reinsurance is | ||||||
6 | ceded to an assuming insurer that has been certified by | ||||||
7 | the Director as a reinsurer in this State and secures its | ||||||
8 | obligations in accordance with the requirements of this | ||||||
9 | paragraph (C-5). | ||||||
10 | (1) In order to be eligible for certification, the | ||||||
11 | assuming insurer shall meet the following | ||||||
12 | requirements: | ||||||
13 | (a) the assuming insurer must be domiciled and | ||||||
14 | licensed to transact insurance or reinsurance in a | ||||||
15 | qualified jurisdiction, as determined by the | ||||||
16 | Director pursuant to subparagraph (3) of this | ||||||
17 | paragraph (C-5); | ||||||
18 | (b) the assuming insurer must maintain minimum | ||||||
19 | capital and surplus, or its equivalent, in an | ||||||
20 | amount not less than $250,000,000 or such greater | ||||||
21 | amount as determined by the Director pursuant to | ||||||
22 | regulation; this requirement may also be satisfied | ||||||
23 | by an association, including incorporated and | ||||||
24 | individual unincorporated underwriters, having | ||||||
25 | minimum capital and surplus equivalents (net of | ||||||
26 | liabilities) of at least $250,000,000 and a |
| |||||||
| |||||||
1 | central fund containing a balance of at least | ||||||
2 | $250,000,000; | ||||||
3 | (c) the assuming insurer must maintain | ||||||
4 | financial strength ratings from 2 or more rating | ||||||
5 | agencies deemed acceptable by the Director; these | ||||||
6 | ratings shall be based on interactive | ||||||
7 | communication between the rating agency and the | ||||||
8 | assuming insurer and shall not be based solely on | ||||||
9 | publicly available information; each certified | ||||||
10 | reinsurer shall be rated on a legal entity basis, | ||||||
11 | with due consideration being given to the group | ||||||
12 | rating where appropriate, except that an | ||||||
13 | association, including incorporated and individual | ||||||
14 | unincorporated underwriters, that has been | ||||||
15 | approved to do business as a single certified | ||||||
16 | reinsurer may be evaluated on the basis of its | ||||||
17 | group rating; these financial strength ratings | ||||||
18 | shall be one factor used by the Director in | ||||||
19 | determining the rating that is assigned to the | ||||||
20 | assuming insurer; acceptable rating agencies | ||||||
21 | include the following: | ||||||
22 | (i) Standard & Poor's; | ||||||
23 | (ii) Moody's Investors Service; | ||||||
24 | (iii) Fitch Ratings; | ||||||
25 | (iv) A.M. Best Company; or | ||||||
26 | (v) any other nationally recognized |
| |||||||
| |||||||
1 | statistical rating organization; | ||||||
2 | (d) the assuming insurer must agree to submit | ||||||
3 | to the jurisdiction of this State, appoint the | ||||||
4 | Director as its agent for service of process in | ||||||
5 | this State, and agree to provide security for 100% | ||||||
6 | of the assuming insurer's liabilities attributable | ||||||
7 | to reinsurance ceded by U.S. ceding insurers if it | ||||||
8 | resists enforcement of a final U.S. judgment; and | ||||||
9 | (e) the assuming insurer must agree to meet | ||||||
10 | applicable information filing requirements as | ||||||
11 | determined by the Director, both with respect to | ||||||
12 | an initial application for certification and on an | ||||||
13 | ongoing basis. | ||||||
14 | (2) An association, including incorporated and | ||||||
15 | individual unincorporated underwriters, may be a | ||||||
16 | certified reinsurer. In order to be eligible for | ||||||
17 | certification, in addition to satisfying the | ||||||
18 | requirements of subparagraph (1) of this paragraph | ||||||
19 | (C-5): | ||||||
20 | (a) the association shall satisfy its minimum | ||||||
21 | capital and surplus requirements through the | ||||||
22 | capital and surplus equivalents (net of | ||||||
23 | liabilities) of the association and its members, | ||||||
24 | which shall include a joint central fund that may | ||||||
25 | be applied to any unsatisfied obligation of the | ||||||
26 | association or any of its members, in the amounts |
| |||||||
| |||||||
1 | specified in item (b) of subparagraph (1) of this | ||||||
2 | paragraph (C-5); | ||||||
3 | (b) the incorporated members of the | ||||||
4 | association shall not be engaged in any business | ||||||
5 | other than underwriting as a member of the | ||||||
6 | association and shall be subject to the same level | ||||||
7 | of regulation and solvency control by the | ||||||
8 | association's domiciliary regulator as are the | ||||||
9 | unincorporated members; and | ||||||
10 | (c) within 90 days after its financial | ||||||
11 | statements are due to be filed with the | ||||||
12 | association's domiciliary regulator, the | ||||||
13 | association shall provide to the Director an | ||||||
14 | annual certification by the association's | ||||||
15 | domiciliary regulator of the solvency of each | ||||||
16 | underwriter member; or if a certification is | ||||||
17 | unavailable, financial statements, prepared by | ||||||
18 | independent public accountants, of each | ||||||
19 | underwriter member of the association. | ||||||
20 | (3) The Director shall create and publish a list | ||||||
21 | of qualified jurisdictions, under which an assuming | ||||||
22 | insurer licensed and domiciled in such jurisdiction
is | ||||||
23 | eligible to be considered for certification by the | ||||||
24 | Director as a certified reinsurer. | ||||||
25 | (a) In order to determine whether the | ||||||
26 | domiciliary jurisdiction of a non-U.S. assuming |
| |||||||
| |||||||
1 | insurer is eligible to be recognized as a | ||||||
2 | qualified jurisdiction, the Director shall | ||||||
3 | evaluate the appropriateness and effectiveness of | ||||||
4 | the reinsurance supervisory system of the | ||||||
5 | jurisdiction, both initially and on an ongoing | ||||||
6 | basis, and consider the rights, benefits, and | ||||||
7 | extent of reciprocal recognition afforded by
the | ||||||
8 | non-U.S. jurisdiction to reinsurers licensed and | ||||||
9 | domiciled in the U.S. A qualified jurisdiction | ||||||
10 | must agree in writing to share information and | ||||||
11 | cooperate with the Director with respect to all | ||||||
12 | certified reinsurers domiciled within that | ||||||
13 | jurisdiction. A jurisdiction may not be recognized | ||||||
14 | as a qualified jurisdiction if the Director has | ||||||
15 | determined that the jurisdiction does not | ||||||
16 | adequately and promptly enforce final U.S. | ||||||
17 | judgments and arbitration awards. The costs and | ||||||
18 | expenses associated with the Director's review and | ||||||
19 | evaluation of the domiciliary jurisdictions of | ||||||
20 | non-U.S. assuming insurers shall be borne by the | ||||||
21 | certified reinsurer or reinsurers domiciled in | ||||||
22 | such jurisdiction. | ||||||
23 | (b) Additional factors to be considered in | ||||||
24 | determining whether to recognize a qualified | ||||||
25 | jurisdiction include, but are not limited to, the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (i) the framework under which the assuming | ||||||
2 | insurer is regulated; | ||||||
3 | (ii) the structure and authority of the | ||||||
4 | domiciliary regulator with regard to solvency | ||||||
5 | regulation requirements and financial | ||||||
6 | surveillance; | ||||||
7 | (iii) the substance of financial and | ||||||
8 | operating standards for assuming insurers in | ||||||
9 | the domiciliary jurisdiction; | ||||||
10 | (iv) the form and substance of financial | ||||||
11 | reports required to be filed or made publicly | ||||||
12 | available by reinsurers in the domiciliary | ||||||
13 | jurisdiction and the accounting principles | ||||||
14 | used; | ||||||
15 | (v) the domiciliary regulator's | ||||||
16 | willingness to cooperate with U.S. regulators | ||||||
17 | in general and the Director in particular; | ||||||
18 | (vi) the history of performance by | ||||||
19 | assuming insurers in the domiciliary | ||||||
20 | jurisdiction; | ||||||
21 | (vii) any documented evidence of | ||||||
22 | substantial problems with the enforcement of | ||||||
23 | final U.S. judgments in the domiciliary | ||||||
24 | jurisdiction; and | ||||||
25 | (viii) any relevant international | ||||||
26 | standards or guidance with respect to mutual |
| |||||||
| |||||||
1 | recognition of reinsurance supervision adopted | ||||||
2 | by the International Association of Insurance | ||||||
3 | Supervisors or its successor organization. | ||||||
4 | (c) If, upon conducting an evaluation under | ||||||
5 | this paragraph with respect to the reinsurance | ||||||
6 | supervisory system of any non-U.S. assuming | ||||||
7 | insurer, the Director determines that the | ||||||
8 | jurisdiction qualifies to be recognized as a | ||||||
9 | qualified jurisdiction, the Director shall publish | ||||||
10 | notice and evidence of such recognition in an | ||||||
11 | appropriate manner. The Director may establish a | ||||||
12 | procedure to withdraw recognition of those | ||||||
13 | jurisdictions that are no longer qualified. | ||||||
14 | (d) The Director shall consider the list of | ||||||
15 | qualified jurisdictions through the NAIC committee | ||||||
16 | process in determining qualified jurisdictions. If | ||||||
17 | the Director approves a jurisdiction as qualified | ||||||
18 | that does not appear on the list of qualified | ||||||
19 | jurisdictions, then the Director shall provide | ||||||
20 | thoroughly documented justification in accordance | ||||||
21 | with criteria to be developed under regulations. | ||||||
22 | (e) U.S. jurisdictions that meet the | ||||||
23 | requirement for accreditation under the NAIC | ||||||
24 | financial standards and accreditation program | ||||||
25 | shall be recognized as qualified jurisdictions. | ||||||
26 | (f) If a certified reinsurer's domiciliary |
| |||||||
| |||||||
1 | jurisdiction ceases to be a qualified | ||||||
2 | jurisdiction, then the Director may suspend the | ||||||
3 | reinsurer's certification indefinitely, in lieu of | ||||||
4 | revocation. | ||||||
5 | (4) If an applicant for certification has been | ||||||
6 | certified as a reinsurer in an NAIC accredited | ||||||
7 | jurisdiction, then the Director may defer to that | ||||||
8 | jurisdiction's certification and to the rating | ||||||
9 | assigned by that jurisdiction if the assuming insurer | ||||||
10 | submits a properly executed Form CR-1 and such | ||||||
11 | additional information as the Director requires. Such | ||||||
12 | assuming insurer shall be considered to be a certified | ||||||
13 | reinsurer in this State but only upon the Director's | ||||||
14 | assignment of an Illinois rating, which shall be made | ||||||
15 | based on the requirements of subparagraph (5) of this | ||||||
16 | paragraph (C-5). The following shall apply: | ||||||
17 | (a) Any change in the certified reinsurer's | ||||||
18 | status or rating in the other jurisdiction shall | ||||||
19 | apply automatically in Illinois as of the date it | ||||||
20 | takes effect in the other jurisdiction. The | ||||||
21 | certified reinsurer shall notify the Director of | ||||||
22 | any change in its status or rating within 10 days | ||||||
23 | after receiving notice of the change. | ||||||
24 | (b) The Director may withdraw recognition of | ||||||
25 | the other jurisdiction's rating at any time and | ||||||
26 | assign a new rating in accordance with |
| |||||||
| |||||||
1 | subparagraph (5) of this paragraph (C-5). | ||||||
2 | (c) The Director may withdraw recognition of | ||||||
3 | the other jurisdiction's certification at any time | ||||||
4 | with written notice to the certified reinsurer. | ||||||
5 | Unless the Director suspends or revokes the | ||||||
6 | certified reinsurer's certification in accordance | ||||||
7 | with item (c) of subparagraph (9) of this | ||||||
8 | paragraph (C-5), the certified reinsurer's | ||||||
9 | certification shall remain in good standing in | ||||||
10 | Illinois for a period of 3 months, which shall be | ||||||
11 | extended if additional time is necessary to | ||||||
12 | consider the assuming insurer's application for | ||||||
13 | certification in Illinois. | ||||||
14 | (5) The Director shall assign a rating to each | ||||||
15 | certified reinsurer pursuant to rules adopted by the | ||||||
16 | Department. Factors that shall be considered as part | ||||||
17 | of the evaluation process include the following: | ||||||
18 | (a) The certified reinsurer's financial | ||||||
19 | strength rating from an acceptable rating agency. | ||||||
20 | Financial strength ratings shall be classified | ||||||
21 | according to the following ratings categories: | ||||||
22 | (i) Ratings Category "Secure - 1" | ||||||
23 | corresponds to the highest level of rating | ||||||
24 | given by a rating agency, including, but not | ||||||
25 | limited to, A.M. Best Company rating A++; | ||||||
26 | Standard & Poor's rating AAA; Moody's |
| |||||||
| |||||||
1 | Investors Service rating Aaa; and Fitch | ||||||
2 | Ratings rating AAA. | ||||||
3 | (ii) Ratings Category "Secure - 2" | ||||||
4 | corresponds to the second-highest level of | ||||||
5 | rating or group of ratings given by a rating | ||||||
6 | agency, including, but not limited to, A.M. | ||||||
7 | Best Company rating A+;
Standard & Poor's | ||||||
8 | rating AA+, AA, or AA-; Moody's Investors | ||||||
9 | Service ratings Aa1, Aa2, or Aa3; and Fitch | ||||||
10 | Ratings ratings AA+, AA, or AA-. | ||||||
11 | (iii) Ratings Category "Secure - 3" | ||||||
12 | corresponds to the third-highest level of | ||||||
13 | rating or group of ratings given by a rating | ||||||
14 | agency, including, but not limited to, A.M. | ||||||
15 | Best Company rating A; Standard & Poor's | ||||||
16 | ratings A+ or A; Moody's Investors Service | ||||||
17 | ratings A1 or A2; and Fitch Ratings ratings A+ | ||||||
18 | or A. | ||||||
19 | (iv) Ratings Category "Secure - 4" | ||||||
20 | corresponds to the fourth-highest level of | ||||||
21 | rating or group of ratings given by a rating | ||||||
22 | agency, including, but not limited to, A.M. | ||||||
23 | Best Company rating A-; Standard & Poor's | ||||||
24 | rating A-; Moody's Investors Service rating | ||||||
25 | A3; and Fitch Ratings rating A-. | ||||||
26 | (v) Ratings Category "Secure - 5" |
| |||||||
| |||||||
1 | corresponds to the fifth-highest level of | ||||||
2 | rating or group of ratings given by a rating | ||||||
3 | agency, including, but not limited to, A.M. | ||||||
4 | Best Company ratings B++ or B+; Standard & | ||||||
5 | Poor's ratings BBB+, BBB, or BBB-; Moody's | ||||||
6 | Investors Service ratings Baa1, Baa2, or Baa3; | ||||||
7 | and Fitch Ratings ratings BBB+, BBB, or BBB-. | ||||||
8 | (vi) Ratings Category "Vulnerable - 6" | ||||||
9 | corresponds to a level of rating given by a | ||||||
10 | rating agency, other than those described in | ||||||
11 | subitems (i) through (v) of this item (a), | ||||||
12 | including, but not limited to, A.M. Best | ||||||
13 | Company rating B, B-, C++, C+, C, C-, D, E, or | ||||||
14 | F; Standard & Poor's ratings BB+, BB, BB-, B+, | ||||||
15 | B, B-, CCC, CC, C, D, or R; Moody's Investors | ||||||
16 | Service ratings Ba1, Ba2, Ba3, B1, B2, B3, | ||||||
17 | Caa, Ca, or C; and Fitch Ratings ratings BB+, | ||||||
18 | BB, BB-, B+, B, B-, CCC+, CCC, CCC-, or D. | ||||||
19 | A failure to obtain or
maintain at least 2 | ||||||
20 | financial strength
ratings
from acceptable rating | ||||||
21 | agencies shall result
in loss of eligibility for | ||||||
22 | certification. | ||||||
23 | (b) The business practices of the certified | ||||||
24 | reinsurer in dealing with its ceding insurers, | ||||||
25 | including its record of compliance with | ||||||
26 | reinsurance contractual terms and obligations. |
| |||||||
| |||||||
1 | (c) For certified reinsurers domiciled in the | ||||||
2 | U.S., a review of the most recent applicable NAIC | ||||||
3 | Annual Statement Blank, either Schedule F (for | ||||||
4 | property and casualty reinsurers) or Schedule S | ||||||
5 | (for life and health reinsurers). | ||||||
6 | (d) For certified reinsurers not domiciled in | ||||||
7 | the U.S., a review annually of Form CR-F (for | ||||||
8 | property and casualty reinsurers) or Form CR-S | ||||||
9 | (for life and health reinsurers). | ||||||
10 | (e) The reputation of the certified reinsurer | ||||||
11 | for prompt payment of claims under reinsurance | ||||||
12 | agreements, based on an analysis of ceding | ||||||
13 | insurers' Schedule F reporting of overdue | ||||||
14 | reinsurance recoverables, including the proportion | ||||||
15 | of obligations that are more than 90 days past due | ||||||
16 | or are in dispute, with specific attention given | ||||||
17 | to obligations payable to companies that are in | ||||||
18 | administrative supervision or receivership. | ||||||
19 | (f) Regulatory actions against the certified | ||||||
20 | reinsurer. | ||||||
21 | (g) The report of the independent auditor on | ||||||
22 | the financial statements of the insurance | ||||||
23 | enterprise, on the basis described in item (h) of | ||||||
24 | this subparagraph (5). | ||||||
25 | (h) For certified reinsurers not domiciled in | ||||||
26 | the U.S., audited financial statements (audited |
| |||||||
| |||||||
1 | Generally Accepted Accounting Principles (U.S. | ||||||
2 | GAAP) basis statement if available, audited | ||||||
3 | International Financial Reporting Standards (IFRS) | ||||||
4 | basis statements are allowed but must include an | ||||||
5 | audited footnote reconciling equity and net income | ||||||
6 | to U.S. GAAP basis or, with the permission of the | ||||||
7 | Director, audited IFRS basis statements with | ||||||
8 | reconciliation to U.S. GAAP basis certified by an | ||||||
9 | officer of the company), regulatory filings, and | ||||||
10 | actuarial opinion (as filed with the non-U.S. | ||||||
11 | jurisdiction supervisor). Upon the initial | ||||||
12 | application for certification, the Director shall | ||||||
13 | consider the audited financial statements filed | ||||||
14 | with its non-U.S. jurisdiction supervisor for the | ||||||
15 | 3 years immediately preceding the date of the | ||||||
16 | initial application for certification. | ||||||
17 | (i) The liquidation priority of obligations to | ||||||
18 | a ceding insurer in the certified reinsurer's | ||||||
19 | domiciliary jurisdiction in the context of an | ||||||
20 | insolvency proceeding. | ||||||
21 | (j) A certified reinsurer's participation in | ||||||
22 | any solvent scheme of arrangement, or similar | ||||||
23 | procedure, that involves U.S. ceding insurers. The | ||||||
24 | Director shall receive prior notice from a | ||||||
25 | certified reinsurer that proposes participation by | ||||||
26 | the certified reinsurer in a solvent scheme of |
| |||||||
| |||||||
1 | arrangement. | ||||||
2 | The maximum rating that a certified reinsurer may
| ||||||
3 | be assigned shall correspond to its financial
strength | ||||||
4 | rating, which shall be determined
according to | ||||||
5 | subitems (i) through (vi) of item
(a) of this | ||||||
6 | subparagraph (5). The Director shall use the lowest | ||||||
7 | financial
strength rating received from an acceptable | ||||||
8 | rating
agency in establishing the maximum rating of a
| ||||||
9 | certified reinsurer. | ||||||
10 | (6) Based on the analysis conducted under item (e) | ||||||
11 | of subparagraph (5) of this paragraph (C-5) of a | ||||||
12 | certified reinsurer's reputation for prompt payment of | ||||||
13 | claims, the Director may make appropriate adjustments | ||||||
14 | in the security the certified reinsurer is required to | ||||||
15 | post to protect its liabilities to U.S. ceding | ||||||
16 | insurers, provided that the Director shall, at a | ||||||
17 | minimum, increase the security the certified reinsurer | ||||||
18 | is required to post by one rating level under item (a) | ||||||
19 | of subparagraph (8) of this paragraph (C-5) if the | ||||||
20 | Director finds that: | ||||||
21 | (a) more than 15% of the certified reinsurer's | ||||||
22 | ceding insurance clients have overdue reinsurance | ||||||
23 | recoverables on paid losses of 90 days or more | ||||||
24 | that are not in dispute and that exceed $100,000 | ||||||
25 | for each cedent; or | ||||||
26 | (b) the aggregate amount of reinsurance |
| |||||||
| |||||||
1 | recoverables on paid losses that are not in | ||||||
2 | dispute that are overdue by 90 days or more | ||||||
3 | exceeds $50,000,000. | ||||||
4 | (7) The Director shall post notice on the | ||||||
5 | Department's website promptly upon receipt of any | ||||||
6 | application for certification, including instructions | ||||||
7 | on how members of the public may respond to the | ||||||
8 | application. The Director may not take final action on | ||||||
9 | the application until at least 30 days after posting | ||||||
10 | the notice required by this subparagraph. The Director | ||||||
11 | shall publish a list of all certified reinsurers and | ||||||
12 | their ratings. | ||||||
13 | (8) A certified reinsurer shall secure obligations | ||||||
14 | assumed from U.S. ceding insurers under this | ||||||
15 | subsection (1) at a level consistent with its rating. | ||||||
16 | (a) The amount of security required in order | ||||||
17 | for full credit to be allowed shall correspond | ||||||
18 | with the applicable ratings category: | ||||||
19 | Secure - 1: 0%. | ||||||
20 | Secure - 2: 10%. | ||||||
21 | Secure - 3: 20%. | ||||||
22 | Secure - 4: 50%. | ||||||
23 | Secure - 5: 75%. | ||||||
24 | Vulnerable - 6: 100%. | ||||||
25 | (b) Nothing in this subparagraph (8) shall | ||||||
26 | prohibit the parties to a reinsurance agreement |
| |||||||
| |||||||
1 | from agreeing to provisions establishing security | ||||||
2 | requirements that exceed the minimum security | ||||||
3 | requirements established for certified reinsurers | ||||||
4 | under this Section. | ||||||
5 | (c) In order for a domestic ceding insurer to | ||||||
6 | qualify for full financial statement credit for | ||||||
7 | reinsurance ceded to a certified reinsurer, the | ||||||
8 | certified reinsurer shall maintain security in a | ||||||
9 | form acceptable to the Director and consistent | ||||||
10 | with the provisions of subsection (2) of this | ||||||
11 | Section, or in a multibeneficiary trust in | ||||||
12 | accordance with paragraph (C) of this
subsection | ||||||
13 | (1), except as otherwise provided in this | ||||||
14 | subparagraph (8). | ||||||
15 | (d) If a certified reinsurer maintains a trust | ||||||
16 | to fully secure its obligations subject to | ||||||
17 | paragraph (C) of this subsection (1), and chooses | ||||||
18 | to secure its obligations incurred as a certified | ||||||
19 | reinsurer in the form of a multibeneficiary trust, | ||||||
20 | then the certified reinsurer shall maintain | ||||||
21 | separate trust accounts for its obligations | ||||||
22 | incurred under reinsurance
agreements issued or | ||||||
23 | renewed as a certified reinsurer with reduced | ||||||
24 | security as permitted by this subsection or | ||||||
25 | comparable laws of other U.S. jurisdictions and | ||||||
26 | for its obligations subject to paragraph (C) of |
| |||||||
| |||||||
1 | this subsection (1). It shall be a condition to | ||||||
2 | the grant of certification under this paragraph | ||||||
3 | (C-5) that the certified reinsurer shall have | ||||||
4 | bound itself, by the language of the trust and | ||||||
5 | agreement with the
Director with principal | ||||||
6 | regulatory oversight of each such trust account, | ||||||
7 | to fund, upon termination of any such trust | ||||||
8 | account, out of the remaining surplus of such | ||||||
9 | trust any deficiency of any other such trust | ||||||
10 | account. The certified reinsurer shall also | ||||||
11 | provide or make available, if requested by a | ||||||
12 | beneficiary under a trust, all the information | ||||||
13 | that is required to be provided under the | ||||||
14 | requirements of item (d) of subparagraph (2) of | ||||||
15 | paragraph (C) of this subsection (1) to the | ||||||
16 | certified reinsurer's U.S. ceding insurers or | ||||||
17 | their assigns and successors in interest. The | ||||||
18 | assuming insurer may decline to release trade | ||||||
19 | secrets or commercially sensitive information that | ||||||
20 | would qualify as exempt from disclosure under the | ||||||
21 | Freedom of Information Act. | ||||||
22 | (e) The minimum trusteed surplus requirements | ||||||
23 | provided in paragraph (C) of this subsection (1) | ||||||
24 | are not applicable with respect to a | ||||||
25 | multibeneficiary trust maintained by a certified | ||||||
26 | reinsurer for the purpose of securing obligations |
| |||||||
| |||||||
1 | incurred under this subsection, except that such | ||||||
2 | trust shall maintain a minimum trusteed surplus of | ||||||
3 | $10,000,000. | ||||||
4 | (f) With respect to obligations incurred by a | ||||||
5 | certified reinsurer under this subsection (1), if | ||||||
6 | the security is insufficient, then the Director | ||||||
7 | may reduce the allowable credit by an amount | ||||||
8 | proportionate to the deficiency and may impose | ||||||
9 | further reductions in allowable credit upon | ||||||
10 | finding that there is a material risk that the | ||||||
11 | certified reinsurer's obligations will not be paid | ||||||
12 | in full when due. | ||||||
13 | (9)(a) In the case of a downgrade by a rating | ||||||
14 | agency or other disqualifying circumstance, the | ||||||
15 | Director shall by written notice assign a new rating | ||||||
16 | to the certified reinsurer in accordance with the | ||||||
17 | requirements of subparagraph (5) of this paragraph | ||||||
18 | (C-5). | ||||||
19 | (b) If the rating of a certified reinsurer is | ||||||
20 | upgraded by the Director, then the certified reinsurer | ||||||
21 | may meet the security requirements applicable to its | ||||||
22 | new rating on a prospective basis, but the Director | ||||||
23 | shall require the certified reinsurer to post security | ||||||
24 | under the previously applicable security requirements | ||||||
25 | as to all contracts in force on or before the effective | ||||||
26 | date of the upgraded rating. If the rating of a |
| |||||||
| |||||||
1 | certified reinsurer is downgraded by the Director, | ||||||
2 | then the Director shall require the certified | ||||||
3 | reinsurer to meet the security requirements applicable | ||||||
4 | to its new rating for all business it has assumed as a | ||||||
5 | certified reinsurer. | ||||||
6 | (c) The Director may suspend, revoke, or otherwise | ||||||
7 | modify a certified reinsurer's certification at any | ||||||
8 | time if the certified reinsurer fails to meet its | ||||||
9 | obligations or security requirements under this | ||||||
10 | Section or if other financial or operating results of | ||||||
11 | the certified reinsurer, or documented significant | ||||||
12 | delays in payment by the certified reinsurer, lead the | ||||||
13 | Director to reconsider the certified reinsurer's | ||||||
14 | ability or willingness to meet its contractual | ||||||
15 | obligations. In seeking to suspend, revoke, or | ||||||
16 | otherwise modify a certified reinsurer's | ||||||
17 | certification, the Director shall follow the | ||||||
18 | procedures provided in paragraph (G) of this | ||||||
19 | subsection (1). | ||||||
20 | (d) For purposes of this subsection (1), a | ||||||
21 | certified reinsurer whose certification has been | ||||||
22 | terminated for any reason shall be treated as a | ||||||
23 | certified reinsurer required to secure 100% of its | ||||||
24 | obligations. | ||||||
25 | (i) As used in this item (d), the term | ||||||
26 | "terminated" refers to revocation, suspension, |
| |||||||
| |||||||
1 | voluntary surrender and inactive status. | ||||||
2 | (ii) If the Director continues to assign a | ||||||
3 | higher rating as permitted by other provisions of | ||||||
4 | this Section, then this requirement does not apply | ||||||
5 | to a certified reinsurer in inactive status or to | ||||||
6 | a reinsurer whose certification has been | ||||||
7 | suspended. | ||||||
8 | (e) Upon revocation of the certification of a | ||||||
9 | certified reinsurer by the Director, the assuming | ||||||
10 | insurer shall be required to post security in | ||||||
11 | accordance with subsection (2) of this Section in | ||||||
12 | order for the ceding insurer to continue to take | ||||||
13 | credit for reinsurance ceded to the assuming insurer. | ||||||
14 | If funds continue to be held in trust, then the | ||||||
15 | Director may allow additional credit equal to the | ||||||
16 | ceding insurer's pro rata share of the funds, | ||||||
17 | discounted to reflect the risk of uncollectibility and | ||||||
18 | anticipated expenses of trust administration. | ||||||
19 | (f) Notwithstanding the change of a certified | ||||||
20 | reinsurer's rating or revocation of its certification, | ||||||
21 | a domestic insurer that has ceded reinsurance to that | ||||||
22 | certified reinsurer may not be denied credit for | ||||||
23 | reinsurance for a period of 3 months for all | ||||||
24 | reinsurance ceded to that certified reinsurer, unless | ||||||
25 | the reinsurance is found by the Director to be at high | ||||||
26 | risk of uncollectibility. |
| |||||||
| |||||||
1 | (10) A certified reinsurer that ceases to assume | ||||||
2 | new business in this State may request to maintain its | ||||||
3 | certification in inactive status in order to continue | ||||||
4 | to qualify for a reduction in security for its | ||||||
5 | in-force business. An inactive certified reinsurer | ||||||
6 | shall continue to comply with all applicable | ||||||
7 | requirements of this subsection (1), and the Director | ||||||
8 | shall assign a rating that takes into account, if | ||||||
9 | relevant, the reasons why the reinsurer is not | ||||||
10 | assuming new business. | ||||||
11 | (11) Credit for reinsurance under this paragraph | ||||||
12 | (C-5)
shall apply only to reinsurance contracts | ||||||
13 | entered
into or renewed on or after the effective date | ||||||
14 | of
the certification of the assuming insurer. | ||||||
15 | (12) The Director shall comply with all reporting | ||||||
16 | and notification requirements that may be established | ||||||
17 | by the NAIC with respect to certified reinsurers and | ||||||
18 | qualified jurisdictions. | ||||||
19 | (C-10)(1) Credit shall be allowed when the reinsurance | ||||||
20 | is ceded to an assuming insurer meeting each of the | ||||||
21 | conditions set forth in this subparagraph. | ||||||
22 | (a) The assuming insurer must have its head office | ||||||
23 | in or be domiciled in, as applicable, and be licensed | ||||||
24 | in a reciprocal jurisdiction. As used in this | ||||||
25 | paragraph (C-10), "reciprocal jurisdiction" means a | ||||||
26 | jurisdiction that meets one of the following: |
| |||||||
| |||||||
1 | (i) a non-U.S. jurisdiction that is subject to | ||||||
2 | an in-force covered agreement with the United | ||||||
3 | States, each within its legal authority, or, in | ||||||
4 | the case of a covered agreement between the United | ||||||
5 | States and European Union, is a member state of | ||||||
6 | the European Union; as used in this subitem, | ||||||
7 | "covered agreement" means an agreement entered | ||||||
8 | into pursuant to the Dodd-Frank Wall Street Reform | ||||||
9 | and Consumer Protection Act (31 U.S.C. 313 and | ||||||
10 | 314) that is currently in effect or in a period of | ||||||
11 | provisional application and addresses the | ||||||
12 | elimination, under specified conditions, of | ||||||
13 | collateral requirements as a condition for | ||||||
14 | entering into any reinsurance agreement with a | ||||||
15 | ceding insurer domiciled in this State or for | ||||||
16 | allowing the ceding insurer to recognize credit | ||||||
17 | for reinsurance; | ||||||
18 | (ii) a U.S. jurisdiction that meets the | ||||||
19 | requirements for accreditation under the NAIC | ||||||
20 | financial standards and accreditation program; or | ||||||
21 | (iii) a qualified jurisdiction, as determined | ||||||
22 | by the Director pursuant to subparagraph (3) of | ||||||
23 | paragraph (C-5) of subsection (1) of this Section, | ||||||
24 | that is not otherwise described in subitem (i) or | ||||||
25 | (ii) of this item and that meets certain | ||||||
26 | additional requirements, consistent with the terms |
| |||||||
| |||||||
1 | and conditions of in-force covered agreements, as | ||||||
2 | specified by the Department by rule. | ||||||
3 | (b) The assuming insurer must have and maintain, | ||||||
4 | on an ongoing basis, minimum capital and surplus, or | ||||||
5 | its equivalent, calculated according to the | ||||||
6 | methodology of its domiciliary jurisdiction, in an | ||||||
7 | amount to be set forth by rule. If the assuming insurer | ||||||
8 | is an association, including incorporated and | ||||||
9 | individual unincorporated underwriters, it must have | ||||||
10 | and maintain, on an ongoing basis, minimum capital and | ||||||
11 | surplus equivalents (net of liabilities) calculated | ||||||
12 | according to the methodology applicable in its | ||||||
13 | domiciliary jurisdiction and a central fund containing | ||||||
14 | a balance in amounts to be set forth by rule. | ||||||
15 | (c) The assuming insurer must have and maintain, | ||||||
16 | on an ongoing basis, a minimum solvency or capital | ||||||
17 | ratio, as applicable, that will be set forth by rule. | ||||||
18 | If the assuming insurer is an association, including | ||||||
19 | incorporated and individual unincorporated | ||||||
20 | underwriters, it must have and maintain, on an ongoing | ||||||
21 | basis, a minimum solvency or capital ratio in the | ||||||
22 | reciprocal jurisdiction where the assuming insurer has | ||||||
23 | its head office or is domiciled, as applicable, and is | ||||||
24 | also licensed. | ||||||
25 | (d) The assuming insurer must provide adequate | ||||||
26 | assurance to the Director, in a form specified by the |
| |||||||
| |||||||
1 | Department by rule, as follows: | ||||||
2 | (i) the assuming insurer must provide prompt | ||||||
3 | written notice and explanation to the Director if | ||||||
4 | it falls below the minimum requirements set forth | ||||||
5 | in items (b) or (c) of this subparagraph or if any | ||||||
6 | regulatory action is taken against it for serious | ||||||
7 | noncompliance with applicable law; | ||||||
8 | (ii) the assuming insurer must consent in | ||||||
9 | writing to the jurisdiction of the courts of this | ||||||
10 | State and to the appointment of the Director as | ||||||
11 | agent for service of process; the Director may | ||||||
12 | require that consent for service of process be | ||||||
13 | provided to the Director and included in each | ||||||
14 | reinsurance agreement; nothing in this subitem | ||||||
15 | (ii) shall limit or in any way alter the capacity | ||||||
16 | of parties to a reinsurance agreement to agree to | ||||||
17 | alternative dispute resolution mechanisms, except | ||||||
18 | to the extent such agreements are unenforceable | ||||||
19 | under applicable insolvency or delinquency laws; | ||||||
20 | (iii) the assuming insurer must consent in | ||||||
21 | writing to pay all final judgments obtained by a | ||||||
22 | ceding insurer or its legal successor, whenever | ||||||
23 | enforcement is sought, that have been declared | ||||||
24 | enforceable in the jurisdiction where the judgment | ||||||
25 | was obtained; | ||||||
26 | (iv) each reinsurance agreement must include a |
| |||||||
| |||||||
1 | provision requiring the assuming insurer to | ||||||
2 | provide security in an amount equal to 100% of the | ||||||
3 | assuming insurer's liabilities attributable to | ||||||
4 | reinsurance ceded pursuant to that agreement if | ||||||
5 | the assuming insurer resists enforcement of a | ||||||
6 | final judgment that is enforceable under the law | ||||||
7 | of the jurisdiction in which it was obtained or a | ||||||
8 | properly enforceable arbitration award, whether | ||||||
9 | obtained by the ceding insurer or by its legal | ||||||
10 | successor on behalf of its resolution estate; and | ||||||
11 | (v) the assuming insurer must confirm that it | ||||||
12 | is not presently participating in any solvent | ||||||
13 | scheme of arrangement which involves this State's | ||||||
14 | ceding insurers and agree to notify the ceding | ||||||
15 | insurer and the Director and to provide security | ||||||
16 | in an amount equal to 100% of the assuming | ||||||
17 | insurer's liabilities to the ceding insurer if the | ||||||
18 | assuming insurer enters into such a solvent scheme | ||||||
19 | of arrangement; the security shall be in a form | ||||||
20 | consistent with the provisions of paragraph (C-5) | ||||||
21 | of subsection (1) and subsection (2) and as | ||||||
22 | specified by the Department by rule. | ||||||
23 | (e) If requested by the Director, the assuming | ||||||
24 | insurer or its legal successor must provide, on behalf | ||||||
25 | of itself and any legal predecessors, certain | ||||||
26 | documentation to the Director, as specified by the |
| |||||||
| |||||||
1 | Department by rule. | ||||||
2 | (f) The assuming insurer must maintain a practice | ||||||
3 | of prompt payment of claims under reinsurance | ||||||
4 | agreements pursuant to criteria set forth by rule. | ||||||
5 | (g) The assuming insurer's supervisory authority | ||||||
6 | must confirm to the Director on an annual basis, as of | ||||||
7 | the preceding December 31 or at the annual date | ||||||
8 | otherwise statutorily reported to the reciprocal | ||||||
9 | jurisdiction, that the assuming insurer complied with | ||||||
10 | the requirements set forth in items (b) and (c) of this | ||||||
11 | subparagraph. | ||||||
12 | (h) Nothing in this subparagraph precludes an | ||||||
13 | assuming insurer from providing the Director with | ||||||
14 | information on a voluntary basis. | ||||||
15 | (2) The Director shall timely create and publish a | ||||||
16 | list of reciprocal jurisdictions. | ||||||
17 | (a) The Director's list shall include any | ||||||
18 | reciprocal jurisdiction as defined under subitems (i) | ||||||
19 | and (ii) of item (a) of subparagraph (1) of this | ||||||
20 | paragraph, and shall consider any other reciprocal | ||||||
21 | jurisdiction included on the list of reciprocal | ||||||
22 | jurisdictions published through the NAIC committee | ||||||
23 | process. The Director may approve a jurisdiction that | ||||||
24 | does not appear on the NAIC list of reciprocal | ||||||
25 | jurisdictions in accordance with criteria to be | ||||||
26 | developed by rules adopted by the Department. |
| |||||||
| |||||||
1 | (b) The Director may remove a jurisdiction from | ||||||
2 | the list of reciprocal jurisdictions upon a | ||||||
3 | determination that the jurisdiction no longer meets | ||||||
4 | the requirements of a reciprocal jurisdiction in | ||||||
5 | accordance with a process set forth in rules adopted | ||||||
6 | by the Department, except that the Director shall not | ||||||
7 | remove from the list a reciprocal jurisdiction as | ||||||
8 | defined under subitems (i) and (ii) of item (a) of | ||||||
9 | subparagraph (1) of this paragraph. If otherwise | ||||||
10 | allowed pursuant to this Section, credit for | ||||||
11 | reinsurance ceded to an assuming insurer that has its | ||||||
12 | home office or is domiciled in that jurisdiction shall | ||||||
13 | be allowed upon removal of a reciprocal jurisdiction | ||||||
14 | from this list. | ||||||
15 | (3) The Director shall timely create and publish a | ||||||
16 | list of assuming insurers that have satisfied the | ||||||
17 | conditions set forth in this paragraph and to which | ||||||
18 | cessions shall be granted credit in accordance with this | ||||||
19 | paragraph. The Director may add an assuming insurer to the | ||||||
20 | list if a NAIC-accredited jurisdiction has added the | ||||||
21 | assuming insurer to a list of assuming insurers or if, | ||||||
22 | upon initial eligibility, the assuming insurer submits the | ||||||
23 | information to the Director as required under item (d) of | ||||||
24 | subparagraph (1) of this paragraph and complies with any | ||||||
25 | additional requirements that the Department may impose by | ||||||
26 | rule except to the extent that they conflict with an |
| |||||||
| |||||||
1 | applicable covered agreement. | ||||||
2 | (4) If the Director determines that an assuming | ||||||
3 | insurer no longer meets one or more of the requirements | ||||||
4 | under this paragraph, the Director may revoke or suspend | ||||||
5 | the eligibility of the assuming insurer for recognition | ||||||
6 | under this paragraph in accordance with procedures set | ||||||
7 | forth by rule. | ||||||
8 | (a) While an assuming insurer's eligibility is | ||||||
9 | suspended, no reinsurance agreement issued, amended, | ||||||
10 | or renewed after the effective date of the suspension | ||||||
11 | qualifies for credit except to the extent that the | ||||||
12 | assuming insurer's obligations under the contract are | ||||||
13 | secured in accordance with subsection (2). | ||||||
14 | (b) If an assuming insurer's eligibility is | ||||||
15 | revoked, no credit for reinsurance may be granted | ||||||
16 | after the effective date of the revocation with | ||||||
17 | respect to any reinsurance agreements entered into by | ||||||
18 | the assuming insurer, including reinsurance agreements | ||||||
19 | entered into before the date of revocation, except to | ||||||
20 | the extent that the assuming insurer's obligations | ||||||
21 | under the contract are secured in a form acceptable to | ||||||
22 | the Director and consistent with the provisions of | ||||||
23 | subsection (2). | ||||||
24 | (5) If subject to a legal process of rehabilitation, | ||||||
25 | liquidation, or conservation, as applicable, the ceding | ||||||
26 | insurer or its representative may seek and, if determined |
| |||||||
| |||||||
1 | appropriate by the court in which the proceedings are | ||||||
2 | pending, may obtain an order requiring that the assuming | ||||||
3 | insurer post security for all outstanding ceded | ||||||
4 | liabilities. | ||||||
5 | (6) Nothing in this paragraph shall limit or in any | ||||||
6 | way alter the capacity of parties to a reinsurance | ||||||
7 | agreement to agree on requirements for security or other | ||||||
8 | terms in that reinsurance agreement except as expressly | ||||||
9 | prohibited by this Section or other applicable law or | ||||||
10 | regulation. | ||||||
11 | (7) Credit may be taken under this paragraph only for | ||||||
12 | reinsurance agreements entered into, amended, or renewed | ||||||
13 | on or after the effective date of this amendatory Act of | ||||||
14 | the 102nd General Assembly and only with respect to losses | ||||||
15 | incurred and reserves reported on or after the later of: | ||||||
16 | (i) the date on which the assuming insurer has met | ||||||
17 | all eligibility requirements pursuant to subparagraph | ||||||
18 | (1) of this paragraph; and | ||||||
19 | (ii) the effective date of the new reinsurance | ||||||
20 | agreement, amendment, or renewal. | ||||||
21 | This subparagraph does not alter or impair a ceding | ||||||
22 | insurer's right to take credit for reinsurance, to the | ||||||
23 | extent that credit is not available under this paragraph, | ||||||
24 | as long as the reinsurance qualifies for credit under any | ||||||
25 | other applicable provision of this Section. | ||||||
26 | (8) Nothing in this paragraph shall authorize an |
| |||||||
| |||||||
1 | assuming insurer to withdraw or reduce the security | ||||||
2 | provided under any reinsurance agreement except as | ||||||
3 | permitted by the terms of the agreement. | ||||||
4 | (9) Nothing in this paragraph shall limit or in any | ||||||
5 | way alter the capacity of parties to any reinsurance | ||||||
6 | agreement to renegotiate the agreement. | ||||||
7 | (D) Credit shall be allowed when the reinsurance is | ||||||
8 | ceded to an assuming
insurer not meeting the requirements | ||||||
9 | of paragraph (A), (B), (B-5), (C), (C-5), or (C-10) of | ||||||
10 | this subsection (1)
but only with respect to the insurance | ||||||
11 | of risks located in jurisdictions
where that reinsurance | ||||||
12 | is required by applicable law or regulation of that
| ||||||
13 | jurisdiction.
| ||||||
14 | (E) If the assuming insurer is not licensed to | ||||||
15 | transact insurance in
this State or an accredited or | ||||||
16 | certified reinsurer in this State, the credit permitted
by | ||||||
17 | paragraphs (B-5) and (C) of this subsection (1) shall not | ||||||
18 | be allowed unless the assuming insurer
agrees in the | ||||||
19 | reinsurance agreements:
| ||||||
20 | (1) that in the event of the failure of the | ||||||
21 | assuming insurer to perform
its obligations under the | ||||||
22 | terms of the reinsurance agreement, the assuming
| ||||||
23 | insurer, at the request of the ceding insurer, shall | ||||||
24 | submit to the
jurisdiction of any court of competent | ||||||
25 | jurisdiction in any state of the
United States, will | ||||||
26 | comply with all requirements necessary to give the
|
| |||||||
| |||||||
1 | court jurisdiction, and will abide by the final | ||||||
2 | decision of the court or of
any appellate court in the | ||||||
3 | event of an appeal; and
| ||||||
4 | (2) to designate the Director or a designated | ||||||
5 | attorney as its true and
lawful attorney upon whom may | ||||||
6 | be served any lawful process in any action,
suit, or | ||||||
7 | proceeding instituted by or on behalf of the ceding | ||||||
8 | company.
| ||||||
9 | This provision is not intended to conflict with or | ||||||
10 | override the
obligation of the parties to a reinsurance | ||||||
11 | agreement to arbitrate their
disputes, if an obligation to | ||||||
12 | arbitrate is created in the agreement.
| ||||||
13 | (F) If the assuming insurer does not meet the | ||||||
14 | requirements of paragraph (A), (B), (B-5), or (C-10) of | ||||||
15 | this
subsection (1), the credit permitted by paragraph (C) | ||||||
16 | or (C-5) of this subsection (1) shall not
be allowed | ||||||
17 | unless the assuming insurer agrees in the trust agreements | ||||||
18 | to the
following conditions:
| ||||||
19 | (1) Notwithstanding any other provisions in the | ||||||
20 | trust instrument, if the
trust fund is inadequate | ||||||
21 | because it contains an amount less than the amount
| ||||||
22 | required by subparagraph (3) of paragraph (C) of this | ||||||
23 | subsection (1) or if the grantor of the trust
has been | ||||||
24 | declared insolvent or placed into receivership, | ||||||
25 | rehabilitation,
liquidation, or similar proceedings | ||||||
26 | under the laws of its state or country of
domicile, the |
| |||||||
| |||||||
1 | trustee shall comply with an order of the state | ||||||
2 | official with
regulatory oversight over the trust or | ||||||
3 | with an order of a court of competent
jurisdiction | ||||||
4 | directing the trustee to transfer to the state | ||||||
5 | official with
regulatory oversight all of the assets | ||||||
6 | of the trust fund.
| ||||||
7 | (2) The assets shall be distributed by and claims | ||||||
8 | shall be filed with
and valued by the state official | ||||||
9 | with regulatory oversight in accordance with
the laws | ||||||
10 | of the state in which the trust is domiciled that are | ||||||
11 | applicable to
the liquidation of domestic insurance | ||||||
12 | companies.
| ||||||
13 | (3) If the state official with regulatory | ||||||
14 | oversight determines that the
assets of the trust fund | ||||||
15 | or any part thereof
are not necessary to satisfy the | ||||||
16 | claims of the U.S. ceding insurers of the
grantor of | ||||||
17 | the trust, the assets or part thereof shall be | ||||||
18 | returned by the state
official with regulatory | ||||||
19 | oversight to the trustee for distribution in
| ||||||
20 | accordance with the trust agreement.
| ||||||
21 | (4) The grantor shall waive any rights otherwise | ||||||
22 | available to it under
U.S. law that are inconsistent | ||||||
23 | with the provision.
| ||||||
24 | (G) If an accredited or certified reinsurer ceases to | ||||||
25 | meet the requirements for accreditation or certification, | ||||||
26 | then the Director may suspend or revoke the reinsurer's |
| |||||||
| |||||||
1 | accreditation or certification. | ||||||
2 | (1) The Director must give the reinsurer notice | ||||||
3 | and opportunity for hearing. The suspension or | ||||||
4 | revocation may not take effect until after the | ||||||
5 | Director's order on hearing, unless: | ||||||
6 | (a) the reinsurer waives its right to hearing; | ||||||
7 | (b) the Director's order is based on | ||||||
8 | regulatory action by the reinsurer's domiciliary | ||||||
9 | jurisdiction or the voluntary surrender or | ||||||
10 | termination of the reinsurer's eligibility to | ||||||
11 | transact insurance or reinsurance business in its | ||||||
12 | domiciliary jurisdiction or in the primary | ||||||
13 | certifying state of the reinsurer under | ||||||
14 | subparagraph (4) of paragraph (C-5) of this | ||||||
15 | subsection (1); or | ||||||
16 | (c) the Director finds that an emergency | ||||||
17 | requires immediate action and a court of competent | ||||||
18 | jurisdiction has not stayed the Director's action. | ||||||
19 | (2) While a reinsurer's accreditation or | ||||||
20 | certification is suspended, no reinsurance
contract | ||||||
21 | issued or renewed after the effective date of the | ||||||
22 | suspension qualifies for credit except to the extent | ||||||
23 | that the reinsurer's obligations under the contract | ||||||
24 | are secured in accordance with subsection (2) of this | ||||||
25 | Section. If a reinsurer's accreditation or | ||||||
26 | certification is revoked, no credit for reinsurance |
| |||||||
| |||||||
1 | may be granted after the effective date of the | ||||||
2 | revocation, except to the extent that the reinsurer's | ||||||
3 | obligations under the contract are secured in | ||||||
4 | accordance with subsection (2) of this Section. | ||||||
5 | (H) The following provisions shall apply concerning | ||||||
6 | concentration of risk: | ||||||
7 | (1) A ceding insurer shall take steps to manage | ||||||
8 | its reinsurance recoverable proportionate to its own | ||||||
9 | book of business. A domestic ceding insurer shall | ||||||
10 | notify the Director within 30 days after reinsurance | ||||||
11 | recoverables from any single assuming insurer, or | ||||||
12 | group of affiliated assuming insurers, exceeds 50% of | ||||||
13 | the domestic ceding insurer's last reported surplus to | ||||||
14 | policyholders, or after it is determined that | ||||||
15 | reinsurance recoverables from any single assuming | ||||||
16 | insurer, or group of affiliated assuming insurers, is | ||||||
17 | likely to exceed this limit. The notification shall | ||||||
18 | demonstrate that the exposure is safely managed by the | ||||||
19 | domestic ceding insurer. | ||||||
20 | (2) A ceding insurer shall take steps to diversify | ||||||
21 | its reinsurance program. A domestic ceding insurer | ||||||
22 | shall notify the Director within 30 days after ceding | ||||||
23 | to any single assuming insurer, or group of affiliated | ||||||
24 | assuming insurers, more than 20% of the ceding | ||||||
25 | insurer's gross written premium in the prior calendar | ||||||
26 | year, or after it has determined that the reinsurance |
| |||||||
| |||||||
1 | ceded to any single assuming insurer, or group of | ||||||
2 | affiliated assuming insurers, is likely to exceed this | ||||||
3 | limit. The notification shall demonstrate that the | ||||||
4 | exposure is safely managed by the domestic ceding | ||||||
5 | insurer. | ||||||
6 | (2) Credit for the reinsurance ceded by a
domestic
insurer | ||||||
7 | to an assuming insurer not meeting the requirements of | ||||||
8 | subsection
(1) of this Section shall be allowed in an amount | ||||||
9 | not exceeding the assets or liabilities
carried by
the ceding | ||||||
10 | insurer. The credit shall not exceed the amount of funds held
| ||||||
11 | by or held in trust for the ceding insurer under a reinsurance | ||||||
12 | contract with the assuming insurer
as security for the payment | ||||||
13 | of obligations thereunder, if the security is
held in the | ||||||
14 | United States subject to withdrawal solely by, and under the
| ||||||
15 | exclusive control of, the ceding insurer; or, in the case of a | ||||||
16 | trust, held
in a qualified United States financial | ||||||
17 | institution, as defined in paragraph (B) of
subsection (3) of | ||||||
18 | this Section. This security may be in the form of:
| ||||||
19 | (A) Cash.
| ||||||
20 | (B) Securities listed by the Securities Valuation | ||||||
21 | Office of the National
Association of Insurance | ||||||
22 | Commissioners, including those deemed exempt from filing | ||||||
23 | as defined by the Purposes and Procedures Manual of the | ||||||
24 | Securities Valuation Office that conform to the | ||||||
25 | requirements
of Article VIII of this Code that are not | ||||||
26 | issued by an affiliate of either
the assuming or ceding |
| |||||||
| |||||||
1 | company.
| ||||||
2 | (C) Clean, irrevocable, unconditional, letters of | ||||||
3 | credit issued or
confirmed by a qualified United States | ||||||
4 | financial institution, as defined in paragraph (A) of
| ||||||
5 | subsection (3) of this Section. The letters of credit | ||||||
6 | shall be effective no
later than December 31 of the year | ||||||
7 | for which filing is being
made, and in the possession of, | ||||||
8 | or in trust for, the ceding company on or
before the filing | ||||||
9 | date of its annual statement. Letters of credit meeting
| ||||||
10 | applicable standards of issuer acceptability as of the | ||||||
11 | dates of their
issuance (or confirmation) shall, | ||||||
12 | notwithstanding the issuing (or
confirming) institution's | ||||||
13 | subsequent failure to meet applicable standards
of issuer | ||||||
14 | acceptability, continue to be acceptable as security until | ||||||
15 | their
expiration, extension, renewal, modification, or | ||||||
16 | amendment, whichever first
occurs. | ||||||
17 | (D) Any other form of security acceptable to the | ||||||
18 | Director.
| ||||||
19 | (3)(A) For purposes of paragraph (C) of subsection (2) of | ||||||
20 | this Section, a "qualified United States
financial | ||||||
21 | institution" means an institution that:
| ||||||
22 | (1) is organized or, in the case of a U.S. office of a | ||||||
23 | foreign
banking organization, licensed under the laws of | ||||||
24 | the United States or
any state thereof;
| ||||||
25 | (2) is regulated, supervised, and examined by U.S. | ||||||
26 | federal or state
authorities having regulatory authority |
| |||||||
| |||||||
1 | over banks and trust companies;
| ||||||
2 | (3) has been designated by either the Director or the | ||||||
3 | Securities
Valuation Office of the
National Association of | ||||||
4 | Insurance Commissioners as meeting such
standards of | ||||||
5 | financial condition and standing as are considered | ||||||
6 | necessary and
appropriate to regulate the quality of | ||||||
7 | financial institutions whose letters of
credit will be | ||||||
8 | acceptable to the Director; and
| ||||||
9 | (4) is not affiliated with the assuming company.
| ||||||
10 | (B) A "qualified United States financial institution" | ||||||
11 | means, for
purposes of those provisions of this law specifying | ||||||
12 | those institutions that
are eligible to act as a fiduciary of a | ||||||
13 | trust, an institution that:
| ||||||
14 | (1) is organized or, in the case of the U.S. branch or | ||||||
15 | agency office of
a foreign banking organization, licensed | ||||||
16 | under the laws of the United States or
any state thereof | ||||||
17 | and has been granted authority to operate with fiduciary
| ||||||
18 | powers;
| ||||||
19 | (2) is regulated, supervised, and examined by federal | ||||||
20 | or state
authorities having regulatory authority over | ||||||
21 | banks and trust companies; and
| ||||||
22 | (3) is not affiliated with the assuming company, | ||||||
23 | however, if the
subject of the reinsurance contract is | ||||||
24 | insurance written pursuant to
Section 155.51 of this Code, | ||||||
25 | the financial institution may be affiliated
with the | ||||||
26 | assuming company with the prior approval of the Director. |
| |||||||
| |||||||
1 | (C) Except as set forth in subparagraph (11) of paragraph | ||||||
2 | (C-5) of subsection (1) of this Section as to cessions by | ||||||
3 | certified reinsurers, this amendatory Act of the 100th General | ||||||
4 | Assembly shall apply to all cessions after the effective date | ||||||
5 | of this amendatory Act of the 100th General Assembly under | ||||||
6 | reinsurance agreements that have an inception, anniversary, or | ||||||
7 | renewal date not less than 6 months after the effective date of | ||||||
8 | this amendatory Act of the 100th General Assembly.
| ||||||
9 | (D) The Department shall adopt rules implementing the | ||||||
10 | provisions of this Article. | ||||||
11 | (Source: P.A. 102-578, eff. 7-1-22 (See Section 5 of P.A. | ||||||
12 | 102-672 for effective date of P.A. 102-578).)
| ||||||
13 | (215 ILCS 5/179A-5)
| ||||||
14 | Sec. 179A-5. Purpose. This Article is adopted to provide a | ||||||
15 | basis for the
creation of protected cells by a domestic | ||||||
16 | insurer
as one means of accessing alternative sources of | ||||||
17 | capital and achieving the
benefits of insurance | ||||||
18 | securitization. Investors in fully funded insurance
| ||||||
19 | securitization transactions provide funds that are available | ||||||
20 | to pay the
insurer's insurance obligations or to repay the | ||||||
21 | investors or both. The
creation of protected cells is intended | ||||||
22 | to be a means to achieve more
efficiencies in conducting | ||||||
23 | insurance securitizations.
| ||||||
24 | Under the
terms of the typical debt instrument underlying | ||||||
25 | an insurance securitization
transaction, prepaid
principal is |
| |||||||
| |||||||
1 | repaid to the investor on a specified maturity date with | ||||||
2 | interest,
unless a trigger event
occurs. The insurance | ||||||
3 | securitization proceeds secure both the protected
cell | ||||||
4 | company's insurance obligations if a trigger event occurs,
as | ||||||
5 | well as the
protected cell company's obligation to repay the | ||||||
6 | insurance
securitization investors if a trigger event
does not | ||||||
7 | occur. Insurance securitization transactions have
been | ||||||
8 | performed
through non-domestic alien companies
in order to | ||||||
9 | utilize efficiencies available to non-domestic alien companies | ||||||
10 | that are not
currently available to
domestic companies. This | ||||||
11 | Article is adopted in order to create more
efficiency in | ||||||
12 | conducting
insurance securitization,
to allow domestic | ||||||
13 | companies easier access to alternative sources of capital,
and | ||||||
14 | to promote the
benefits of insurance securitization generally.
| ||||||
15 | (Source: P.A. 91-278, eff. 7-23-99; 92-74, eff. 7-12-01.)
| ||||||
16 | (215 ILCS 5/179E-5)
| ||||||
17 | Sec. 179E-5. Purpose. This Article is adopted to provide | ||||||
18 | for the creation
of
Special
Purpose Reinsurance Vehicles | ||||||
19 | ("SPRV") exclusively to facilitate the
securitization of one
| ||||||
20 | or more ceding insurers' risk as a means of accessing | ||||||
21 | alternative sources of
capital and
achieving the benefits of | ||||||
22 | securitization. Investors in fully funded insurance
| ||||||
23 | securitization
transactions provide funds that are available | ||||||
24 | to the SPRV to secure the
aggregate limit under
an SPRV | ||||||
25 | contract that provides coverage against the occurrence of a |
| |||||||
| |||||||
1 | triggering
event. The
creation of SPRVs is intended to achieve | ||||||
2 | greater efficiencies in conducting
insurance
securitizations, | ||||||
3 | to diversify and broaden insurers' access to sources of risk
| ||||||
4 | bearing capital,
and to make insurance securitization | ||||||
5 | generally available on reasonable terms to
as many
U.S. | ||||||
6 | insurers as possible.
| ||||||
7 | Under the terms of the typical securities underlying an | ||||||
8 | insurance
securitization
transaction, proceeds from the | ||||||
9 | issuance of securities are repaid to the
investor on a | ||||||
10 | specified
maturity date with interest or dividends unless a | ||||||
11 | triggering event occurs. The
insurance
securitization proceeds | ||||||
12 | are available to pay the SPRV's obligations to the
ceding | ||||||
13 | insurer if
the triggering event occurs, as well as being | ||||||
14 | available to satisfy the SPRV's
obligation to
repay the | ||||||
15 | insurance securitization investors if a triggering event does | ||||||
16 | not
occur. Insurance
securitization transactions have been | ||||||
17 | performed by non-domestic alien companies to utilize
| ||||||
18 | efficiencies
available to those non-domestic alien companies | ||||||
19 | that are not currently available to domestic
companies.
This | ||||||
20 | Article is adopted to allow more efficiency in conducting | ||||||
21 | insurance
securitizations, to
allow ceding insurers easier | ||||||
22 | access to alternative sources of risk
bearing capital,
and to | ||||||
23 | promote the benefits of insurance securitization to U.S. | ||||||
24 | insurers.
| ||||||
25 | (Source: P.A. 92-124, eff. 7-20-01.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/Art. XII heading) | ||||||
2 | ARTICLE XII. DOMESTICATION OF
| ||||||
3 | FOREIGN AND NON-DOMESTIC ALIEN COMPANIES
| ||||||
4 | (215 ILCS 5/180) (from Ch. 73, par. 792)
| ||||||
5 | Sec. 180. Companies that may domesticate.
| ||||||
6 | (1) Any domestic, foreign, or non-domestic alien stock | ||||||
7 | company, mutual company,
assessment legal reserve company, | ||||||
8 | reciprocal, or fraternal benefit
society, authorized or which | ||||||
9 | may be authorized to do business in this
State, may reorganize | ||||||
10 | under the laws of this State (including a
reorganization as a | ||||||
11 | captive insurance company under the laws of this
State), by | ||||||
12 | complying with the provisions of this Article.
| ||||||
13 | (2) As used in this Article: "reorganize" means | ||||||
14 | reorganize, reincorporate,
or domesticate as an Illinois | ||||||
15 | insurer; "reorganization" means reorganization,
| ||||||
16 | reincorporation, or domestication as an Illinois insurer; | ||||||
17 | "reorganized company"
means any company that has availed | ||||||
18 | itself of the provisions of this Article,
and the | ||||||
19 | reorganization of which has been effected as in this Article | ||||||
20 | provided;
and "similar domestic company" means, in the case of | ||||||
21 | an application for
reorganization as a domestic captive | ||||||
22 | insurance company, a domestic captive
insurance company | ||||||
23 | organized under Article VIIC.
| ||||||
24 | (Source: P.A. 87-1216.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/185.1) (from Ch. 73, par. 797.1)
| ||||||
2 | Sec. 185.1. Effect of Reorganization.
| ||||||
3 | When the reorganization has been effected:
| ||||||
4 | (a) The articles of reorganization shall be the articles | ||||||
5 | of
incorporation of the reorganized company and said company | ||||||
6 | shall continue
in existence as, and thereafter
be, a company | ||||||
7 | of this State.
| ||||||
8 | (b) The reorganized company shall make its reports in | ||||||
9 | accordance with
the laws of this State and shall be subject to | ||||||
10 | the exclusive regulation and
supervision by the Department of | ||||||
11 | Insurance of this State and shall be subject
to regulation
and | ||||||
12 | supervision by the Insurance Departments of other states and | ||||||
13 | countries
as a foreign or non-domestic alien company.
| ||||||
14 | (c) The reorganized company shall have all of the rights, | ||||||
15 | privileges,
immunities and powers and shall be subject to all | ||||||
16 | of the duties and
liabilities granted or imposed by this Code
| ||||||
17 | (except in the case of a domestic captive insurance company, | ||||||
18 | which
shall have all of the rights, privileges, immunities and | ||||||
19 | powers and shall
be subject to all of the duties and | ||||||
20 | liabilities granted or imposed by
Article VIIC of this Code).
| ||||||
21 | (d) The reorganized company shall thereupon and thereafter | ||||||
22 | possess all
the rights, privileges, immunities, powers and | ||||||
23 | franchises of a public as
well as a private nature, | ||||||
24 | theretofore possessed by the company so
reorganized. Without | ||||||
25 | limiting the generality of the foregoing, (i) the
agency | ||||||
26 | appointments, licenses, certificates of authority and rates |
| |||||||
| |||||||
1 | which
are in existence at the time of the reorganization of | ||||||
2 | such reorganized
company takes effect shall continue in full | ||||||
3 | force and effect;
(ii) all property, real, personal and mixed, | ||||||
4 | and all debts due
on whatever account, including subscriptions | ||||||
5 | to shares, assessments payable
from members or policyholders, | ||||||
6 | and all other choses in action, and all and
every other | ||||||
7 | interest of, or belonging to or due to the company so
| ||||||
8 | reorganized, shall be deemed to be transferred to and vested | ||||||
9 | in the
reorganized company without further act or deed; and | ||||||
10 | (iii) the title to any
real estate or any interest therein | ||||||
11 | theretofore vested in the company so
reorganized, shall not | ||||||
12 | revert or be in any way impaired by reason of such
| ||||||
13 | reorganization.
| ||||||
14 | (e) The reorganized company shall thenceforth be | ||||||
15 | responsible and liable
for all the liabilities and obligations | ||||||
16 | of the company so reorganized. Any
claim existing, or action | ||||||
17 | or proceeding pending by or against the company
so | ||||||
18 | reorganized, may be prosecuted to judgment as if such | ||||||
19 | reorganization had
not taken place, or such reorganized | ||||||
20 | company may be substituted in its
place. Neither the rights of | ||||||
21 | creditors nor any liens upon the property of
the company so | ||||||
22 | reorganized, shall be impaired by such reorganization, but
| ||||||
23 | such liens shall be limited to the property upon which they | ||||||
24 | were liens
immediately prior to the reorganization, unless | ||||||
25 | otherwise provided in the
articles of reorganization.
| ||||||
26 | (Source: P.A. 85-131.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/188) (from Ch. 73, par. 800)
| ||||||
2 | Sec. 188.
Grounds for rehabilitation and liquidation of a | ||||||
3 | domestic
company or an unauthorized foreign or non-domestic | ||||||
4 | alien company. Whenever any
domestic company or any | ||||||
5 | unauthorized foreign or non-domestic alien company:
| ||||||
6 | 1. is insolvent;
| ||||||
7 | 2. has failed or refused to submit its books, papers, | ||||||
8 | accounts,
records or
affairs to the reasonable inspection | ||||||
9 | or examination of the Director or
his actuaries, | ||||||
10 | supervisors, deputies, or examiners;
| ||||||
11 | 3. has concealed, removed, altered, destroyed or | ||||||
12 | failed to establish
and maintain books, records, | ||||||
13 | documents, accounts, vouchers and other
pertinent material | ||||||
14 | adequate for the determination of its financial
condition | ||||||
15 | by examination under Sections 132 through 132.7 or has | ||||||
16 | failed to
properly
administer claims and to maintain | ||||||
17 | claims records which are adequate for the
determination of | ||||||
18 | its outstanding claims liability;
| ||||||
19 | 4. has failed or refused to observe an order of the
| ||||||
20 | Director
to
make good within the time prescribed by law | ||||||
21 | any deficiency, whenever its
capital and minimum required | ||||||
22 | surplus, if a stock company, or its
required surplus, if a | ||||||
23 | company other than stock, has become impaired;
| ||||||
24 | 5. has, by articles of consolidation, contract of | ||||||
25 | reinsurance or
otherwise, transferred or attempted to |
| |||||||
| |||||||
1 | transfer its entire property or
business not in conformity | ||||||
2 | with this Code, or entered into any
transaction the effect | ||||||
3 | of which is to merge substantially its entire
property or | ||||||
4 | business in any other company without having first | ||||||
5 | obtained
the written approval of the Director under this | ||||||
6 | Code;
| ||||||
7 | 6. is found to be in such condition that its further | ||||||
8 | transaction of
business would be hazardous to its | ||||||
9 | policyholders, or to its creditors,
or to the public;
| ||||||
10 | 7. has violated its charter or any law of this State or | ||||||
11 | has exceeded
or is exceeding its corporate powers;
| ||||||
12 | 8. has an officer who has refused upon reasonable | ||||||
13 | demand to be
examined under oath touching its affairs;
| ||||||
14 | 9. is found to be in such condition that it could not | ||||||
15 | meet the
requirements for organization and authorization | ||||||
16 | as required by law,
except as to the amount of the original | ||||||
17 | surplus required of a stock
company in Section 13, and | ||||||
18 | except as to the amount of the surplus
required of a mutual | ||||||
19 | company in excess of the minimum surplus required
by this | ||||||
20 | Code to be maintained, or either an authorized control | ||||||
21 | level event or
a mandatory control level event as set | ||||||
22 | forth in Article IIA exists;
| ||||||
23 | 10. has ceased for the period of one year to transact | ||||||
24 | insurance
business;
| ||||||
25 | 11. has commenced, or has attempted to commence, any | ||||||
26 | voluntary
liquidation or dissolution proceeding, or any |
| |||||||
| |||||||
1 | proceeding to procure the
appointment of a receiver, | ||||||
2 | liquidator, rehabilitator, sequestrator, or a
similar | ||||||
3 | officer for itself;
| ||||||
4 | 12. is a party, whether plaintiff or defendant in any | ||||||
5 | proceeding in
which an application is made for the | ||||||
6 | appointment of a receiver,
custodian, liquidator, | ||||||
7 | rehabilitator, sequestrator, or similar officer
for such | ||||||
8 | company or its property, or a receiver, custodian, | ||||||
9 | liquidator,
rehabilitator, sequestrator or similar | ||||||
10 | officer, for such company or its
property is appointed by | ||||||
11 | any court, or such appointment is imminent;
| ||||||
12 | 13. consents by a majority of its directors, | ||||||
13 | stockholders or
members;
| ||||||
14 | 14. has not organized and obtained a certificate | ||||||
15 | authorizing it to
commence the transaction of its business | ||||||
16 | within the period of time
prescribed by the sections of | ||||||
17 | this Code under which it is or proposes to
be organized; or
| ||||||
18 | 15. has failed or refused to pay any valid final
| ||||||
19 | judgment
within
30 days after the rendition thereof, or | ||||||
20 | whenever it appears to the
Director that any person has | ||||||
21 | committed a violation of Article VIII 1/2
with the result | ||||||
22 | described in Section 131.26,
| ||||||
23 | sufficient grounds shall be deemed to exist for the | ||||||
24 | commencement of
rehabilitation or liquidation proceedings.
| ||||||
25 | With respect to a domestic company, the Director must | ||||||
26 | report, and with
respect to an unauthorized foreign or |
| |||||||
| |||||||
1 | non-domestic alien company, the Director may
report any such | ||||||
2 | case to the Attorney General of this State whose duty it
shall | ||||||
3 | be to apply forthwith by complaint on relation of the Director | ||||||
4 | in the
name of the People of the State of Illinois, as | ||||||
5 | plaintiff, to the Circuit
Court of Cook County, the Circuit | ||||||
6 | Court of Sangamon County, or the circuit
court of the county in | ||||||
7 | which such company has, or last had its principal
office, for | ||||||
8 | an order to rehabilitate or liquidate the defendant company as
| ||||||
9 | provided in this Article, and for such other relief as the | ||||||
10 | nature of the
case and the interests of its policyholders, | ||||||
11 | creditors, members,
stockholders or the public may require.
| ||||||
12 | When, upon investigation, the Director finds that
a | ||||||
13 | company is engaged in any aspect of the business of insurance | ||||||
14 | on behalf
of or in association with any domestic insurance | ||||||
15 | company, against which a
receivership proceeding has been or | ||||||
16 | is being filed under this Article, in a manner that appears to | ||||||
17 | be detrimental to
policyholders, creditors, members, | ||||||
18 | shareholders, or the
public, the Director may report such case | ||||||
19 | to the Attorney
General of this State, whose duty it is to | ||||||
20 | apply forthwith by complaint
on relation of the Director in | ||||||
21 | the name of the People of the State of
Illinois, as plaintiff, | ||||||
22 | to the court in which the
receivership proceeding is pending
| ||||||
23 | for an order to appoint the Director as receiver to assume | ||||||
24 | control of the
assets and operation of the company pending a | ||||||
25 | complete investigation and
determination of the rights of the | ||||||
26 | policyholders, creditors, members,
shareholders, and the
|
| |||||||
| |||||||
1 | general public.
| ||||||
2 | (Source: P.A. 92-140, eff. 7-24-01.)
| ||||||
3 | (215 ILCS 5/188.1) (from Ch. 73, par. 800.1)
| ||||||
4 | Sec. 188.1.
Provisions for conservation of assets of a | ||||||
5 | domestic,
foreign, or non-domestic alien company.
| ||||||
6 | (1) Upon the filing by the Director of a verified | ||||||
7 | complaint alleging
(a) that with respect to a domestic, | ||||||
8 | foreign, or non-domestic alien company,
whether authorized or | ||||||
9 | unauthorized, a condition exists that
would justify a court | ||||||
10 | order for proceedings under Section 188, and
(b) that the | ||||||
11 | interests of creditors, policyholders or the public will
| ||||||
12 | probably be endangered by delay, then the circuit court of | ||||||
13 | Sangamon or Cook
County or the circuit court of the county in | ||||||
14 | which such company has or last
had its principal office shall | ||||||
15 | enter forthwith without a hearing or
prior
notice an order
| ||||||
16 | directing the director to take possession and control of the | ||||||
17 | property,
business, books, records, and accounts of the | ||||||
18 | company, and of the premises
occupied by it for the | ||||||
19 | transaction of its business, or such part of each as
the | ||||||
20 | complaint shall specify, and enjoining the company and its | ||||||
21 | officers,
directors, agents, servants, and employees from | ||||||
22 | disposition of its property
and from transaction of its | ||||||
23 | business except with the concurrence of the
Director until the | ||||||
24 | further order of the court.
Copies of the verified complaint | ||||||
25 | and the seizure order shall be
served upon the company.
|
| |||||||
| |||||||
1 | (2) The order shall continue in force and effect for such | ||||||
2 | time as the
court deems necessary for the Director to | ||||||
3 | ascertain the condition and
situation of the company. On | ||||||
4 | motion of either party or on its own motion,
the court may from | ||||||
5 | time to time hold such hearings as it deems desirable,
and may | ||||||
6 | extend, shorten, or modify the terms of, the seizure order. So | ||||||
7 | far
as the court deems it possible, the parties shall be given | ||||||
8 | adequate notice
of such hearings. As soon as practicable, the | ||||||
9 | court shall vacate the
seizure order or terminate the | ||||||
10 | conservation proceedings of the company,
either when the | ||||||
11 | Director has failed to institute proceedings
under Section 188 | ||||||
12 | having a reasonable opportunity to do so, or upon an
order of | ||||||
13 | the court pursuant to such proceedings.
| ||||||
14 | (3) Entry of a seizure order under this section shall not | ||||||
15 | constitute an
anticipatory breach of any contract of the | ||||||
16 | company.
| ||||||
17 | (4) The court may hold all hearings in conservation | ||||||
18 | proceedings
privately in chambers, and shall do so on request | ||||||
19 | of any officer of the
company proceeded against.
| ||||||
20 | (5) In conservation proceedings and judicial reviews | ||||||
21 | thereof, all
records of the company, other documents, and all | ||||||
22 | insurance department files
and court records and papers, so | ||||||
23 | far as they pertain to and are a part of
the record of the | ||||||
24 | conservation proceedings, shall be and remain
confidential | ||||||
25 | except as is necessary to obtain compliance therewith, unless
| ||||||
26 | and until the court, after hearing arguments in chambers from |
| |||||||
| |||||||
1 | the Director
and the company, shall decide otherwise, or | ||||||
2 | unless the company requests
that the matter be made public.
| ||||||
3 | (6) Any person having possession of and refusing to | ||||||
4 | deliver any of the
property, business, books, records or | ||||||
5 | accounts of a company against which a
seizure order has been | ||||||
6 | issued shall be guilty of a Class A misdemeanor.
| ||||||
7 | (Source: P.A. 89-206, eff. 7-21-95.)
| ||||||
8 | (215 ILCS 5/197) (from Ch. 73, par. 809)
| ||||||
9 | Sec. 197. Rights, powers, and duties ancillary to | ||||||
10 | domiciliary proceeding.
| ||||||
11 | The rights, powers, and duties of the Director as | ||||||
12 | conservator,
rehabilitator, or liquidator, with reference to | ||||||
13 | the assets of a foreign or non-domestic
alien company, whether | ||||||
14 | authorized or unauthorized, shall be ancillary to
the rights, | ||||||
15 | powers and duties imposed upon any receiver or other person, | ||||||
16 | if
any, in charge of the property, business and affairs of such | ||||||
17 | company in its
domiciliary state or country.
| ||||||
18 | (Source: P.A. 86-1154; 86-1156.)
| ||||||
19 | (215 ILCS 5/201) (from Ch. 73, par. 813)
| ||||||
20 | Sec. 201.
Who may apply for appointment of receiver or | ||||||
21 | liquidator.)
No order or judgment enjoining, restraining or | ||||||
22 | interfering with
the prosecution of the business of any | ||||||
23 | company, or for the appointment
of a temporary or permanent | ||||||
24 | receiver, rehabilitator or liquidator of a
domestic company, |
| |||||||
| |||||||
1 | or receiver or conservator of a foreign or non-domestic alien
| ||||||
2 | company, shall be made or granted otherwise than upon the | ||||||
3 | complaint of
the Director represented by the Attorney General | ||||||
4 | as provided in this
article, except in an action by a judgment | ||||||
5 | creditor or in proceedings
supplementary thereto after notice | ||||||
6 | that a final judgment has been
entered and that the judgment | ||||||
7 | creditor intends to file a complaint
praying for any of the | ||||||
8 | relief in this section mentioned, has been served
upon the | ||||||
9 | Director at least 30 days prior to the filing of such complaint
| ||||||
10 | by such judgment creditor.
| ||||||
11 | (Source: P.A. 84-546.)
| ||||||
12 | (215 ILCS 5/223) (from Ch. 73, par. 835)
| ||||||
13 | Sec. 223. Director to value policies - Legal standard of | ||||||
14 | valuation.
| ||||||
15 | (1) For policies and contracts issued prior to the | ||||||
16 | operative date of the Valuation Manual, the Director shall | ||||||
17 | annually value, or cause to be valued, the
reserve liabilities | ||||||
18 | (hereinafter called reserves) for all outstanding
life | ||||||
19 | insurance policies and annuity and pure endowment contracts of
| ||||||
20 | every life insurance company doing business in this State, | ||||||
21 | except that
in the case of a non-domestic an alien company, | ||||||
22 | such valuation shall be limited to its
United States business. | ||||||
23 | In calculating such reserves, he may use group methods
and | ||||||
24 | approximate averages for fractions of a year or otherwise. In | ||||||
25 | lieu
of the valuation of the reserves herein required of any |
| |||||||
| |||||||
1 | foreign or non-domestic alien
company, he may accept any | ||||||
2 | valuation made, or caused to be made, by the
insurance | ||||||
3 | supervisory official of any state or other jurisdiction when
| ||||||
4 | such valuation complies with the minimum standard provided in | ||||||
5 | this Section. | ||||||
6 | The provisions set forth in this subsection (1) and in | ||||||
7 | subsections (2), (3), (4), (5), (6), and (7) of this Section | ||||||
8 | shall apply to all policies and contracts, as appropriate, | ||||||
9 | subject to this Section issued prior to the operative date of | ||||||
10 | the Valuation Manual. The provisions set forth in subsections | ||||||
11 | (8) and (9) of this Section shall not apply to any such | ||||||
12 | policies and contracts. | ||||||
13 | For policies and contracts issued on or after the | ||||||
14 | operative date of the Valuation Manual, the Director shall | ||||||
15 | annually value, or cause to be valued, the reserve liabilities | ||||||
16 | (reserves) for all outstanding life insurance contracts, | ||||||
17 | annuity and pure endowment contracts, accident and health | ||||||
18 | contracts, and deposit-type contracts of every company issued | ||||||
19 | on or after the operative date of the Valuation Manual. In lieu | ||||||
20 | of the valuation of the reserves required of a foreign or | ||||||
21 | non-domestic alien company, the Director may accept a | ||||||
22 | valuation made, or caused to be made, by the insurance | ||||||
23 | supervisory official of any state or other jurisdiction when | ||||||
24 | the valuation complies with the minimum standard provided in | ||||||
25 | this Section. | ||||||
26 | The provisions set forth in subsections (8) and (9) of |
| |||||||
| |||||||
1 | this Section shall apply to all policies and contracts issued | ||||||
2 | on or after the operative date of the Valuation Manual.
| ||||||
3 | Any such company which adopts at any time a standard of
| ||||||
4 | valuation producing greater aggregate reserves than those | ||||||
5 | calculated
according to the minimum standard provided under | ||||||
6 | this Section may adopt a lower standard of valuation, with the | ||||||
7 | approval
of the Director, but not lower
than the minimum | ||||||
8 | herein provided, however, that, for the purposes of this
| ||||||
9 | subsection, the holding of additional reserves previously | ||||||
10 | determined by the appointed actuary to be necessary to render | ||||||
11 | the opinion required by
subsection (1a) shall not be deemed to | ||||||
12 | be the adoption of a higher standard
of valuation. In the | ||||||
13 | valuation of policies the
Director shall give no consideration | ||||||
14 | to, nor make any deduction because
of, the existence or the | ||||||
15 | possession by the company of
| ||||||
16 | (a) policy liens created by any agreement given or | ||||||
17 | assented to by
any assured subsequent to July 1, 1937, for | ||||||
18 | which liens such assured has
not received cash or other | ||||||
19 | consideration equal in value to the amount of
such liens, | ||||||
20 | or
| ||||||
21 | (b) policy liens created by any agreement entered into | ||||||
22 | in violation
of Section 232 unless the agreement imposing | ||||||
23 | or creating such liens has
been approved by a Court in a | ||||||
24 | proceeding under Article XIII, or in the
case of a foreign | ||||||
25 | or non-domestic alien company has been approved by a court | ||||||
26 | in a
rehabilitation or liquidation proceeding or by the |
| |||||||
| |||||||
1 | insurance official of
its domiciliary state or country, in | ||||||
2 | accordance with the laws thereof.
| ||||||
3 | (1a) This subsection shall become operative at the end of | ||||||
4 | the first
full calendar year following the effective date of | ||||||
5 | this amendatory Act of 1991.
| ||||||
6 | (A) General.
| ||||||
7 | (1) Prior to the operative date of the Valuation | ||||||
8 | Manual, every life insurance company doing business in | ||||||
9 | this State shall
annually submit the opinion of a | ||||||
10 | qualified actuary as to whether the
reserves and | ||||||
11 | related actuarial items held in support of the | ||||||
12 | policies and
contracts specified by the Director by | ||||||
13 | regulation are computed
appropriately, are based on | ||||||
14 | assumptions that satisfy contractual
provisions, are | ||||||
15 | consistent with prior reported amounts and comply with
| ||||||
16 | applicable laws of this State. The Director by | ||||||
17 | regulation shall define the
specifics of this opinion | ||||||
18 | and add any other items deemed to be necessary to
its | ||||||
19 | scope.
| ||||||
20 | (2) The opinion shall be submitted with the annual | ||||||
21 | statement reflecting
the valuation of reserve | ||||||
22 | liabilities for each year ending on or after December | ||||||
23 | 31, 1992.
| ||||||
24 | (3) The opinion shall apply to all business in | ||||||
25 | force including
individual and group health insurance | ||||||
26 | plans, in form and substance
acceptable to the |
| |||||||
| |||||||
1 | Director as specified by regulation.
| ||||||
2 | (4) The opinion shall be based on standards | ||||||
3 | adopted from time to time by
the Actuarial Standards | ||||||
4 | Board and on additional standards as the Director
may | ||||||
5 | by regulation prescribe.
| ||||||
6 | (5) In the case of an opinion required to be | ||||||
7 | submitted by a foreign or non-domestic
alien company, | ||||||
8 | the Director may accept the opinion filed by that | ||||||
9 | company
with the insurance supervisory official of | ||||||
10 | another state if the Director
determines that the | ||||||
11 | opinion reasonably meets the requirements applicable | ||||||
12 | to
a company domiciled in this State.
| ||||||
13 | (6) For the purpose of this Section, "qualified | ||||||
14 | actuary" means a member
in good standing of the | ||||||
15 | American Academy of Actuaries who meets the
| ||||||
16 | requirements set forth in its regulations.
| ||||||
17 | (7) Except in cases of fraud or willful | ||||||
18 | misconduct, the qualified
actuary shall not be liable | ||||||
19 | for damages to any person (other than the
insurance | ||||||
20 | company and the Director) for any act, error, | ||||||
21 | omission, decision
or conduct with respect to the | ||||||
22 | actuary's opinion.
| ||||||
23 | (8) Disciplinary action by the Director against | ||||||
24 | the company or the
qualified actuary shall be defined | ||||||
25 | in regulations by the Director.
| ||||||
26 | (9) A memorandum, in form and substance acceptable |
| |||||||
| |||||||
1 | to the Director as
specified by regulation, shall be | ||||||
2 | prepared to support each actuarial opinion.
| ||||||
3 | (10) If the insurance company fails to provide a | ||||||
4 | supporting memorandum
at the request of the Director | ||||||
5 | within a period specified by regulation or
the | ||||||
6 | Director determines that the supporting memorandum | ||||||
7 | provided by the
insurance company fails to meet the | ||||||
8 | standards prescribed by the regulations
or is | ||||||
9 | otherwise unacceptable to the Director, the Director | ||||||
10 | may engage a
qualified actuary at the expense of the | ||||||
11 | company to review the opinion and
the basis for the | ||||||
12 | opinion and prepare the supporting memorandum as is
| ||||||
13 | required by the Director.
| ||||||
14 | (11) Any memorandum in support of the opinion, and | ||||||
15 | any other material
provided by the company to the | ||||||
16 | Director in connection therewith, shall be
kept | ||||||
17 | confidential by the Director and shall not be made | ||||||
18 | public and shall
not be subject to subpoena, other | ||||||
19 | than for the purpose of defending an
action seeking | ||||||
20 | damages from any person by reason of any action | ||||||
21 | required by
this Section or by regulations promulgated | ||||||
22 | hereunder; provided, however,
that the memorandum or | ||||||
23 | other material may otherwise be released by the
| ||||||
24 | Director (a) with the written consent of the company | ||||||
25 | or (b) to the American
Academy of Actuaries upon | ||||||
26 | request stating that the memorandum or other
material |
| |||||||
| |||||||
1 | is required for the purpose of professional | ||||||
2 | disciplinary
proceedings and setting forth procedures | ||||||
3 | satisfactory to the Director for
preserving the | ||||||
4 | confidentiality of the memorandum or other material. | ||||||
5 | Once
any portion of the confidential memorandum is | ||||||
6 | cited by the company in its
marketing or is cited | ||||||
7 | before any governmental agency other than a state
| ||||||
8 | insurance department or is released by the company to | ||||||
9 | the news media, all
portions of the confidential | ||||||
10 | memorandum shall be no longer confidential.
| ||||||
11 | (B) Actuarial analysis of reserves and assets | ||||||
12 | supporting those reserves.
| ||||||
13 | (1) Every life insurance company, except as | ||||||
14 | exempted by or under
regulation, shall also annually | ||||||
15 | include in the opinion required by
paragraph (A)(1) of | ||||||
16 | this subsection (1a), an opinion of the same qualified
| ||||||
17 | actuary as to whether the reserves and related | ||||||
18 | actuarial items held in
support of the policies and | ||||||
19 | contracts specified by the Director by
regulation, | ||||||
20 | when considered in light of the assets held by the | ||||||
21 | company with
respect to the reserves and related | ||||||
22 | actuarial items including, but not
limited to, the | ||||||
23 | investment earnings on the assets and the | ||||||
24 | considerations
anticipated to be received and retained | ||||||
25 | under the policies and contracts,
make adequate | ||||||
26 | provision for the company's obligations under the |
| |||||||
| |||||||
1 | policies
and contracts including, but not limited to, | ||||||
2 | the benefits under and
expenses associated with the | ||||||
3 | policies and contracts.
| ||||||
4 | (2) The Director may provide by regulation for a | ||||||
5 | transition period for
establishing any higher reserves | ||||||
6 | which the qualified actuary may deem
necessary in | ||||||
7 | order to render the opinion required by this Section.
| ||||||
8 | (1b) Actuarial Opinion of Reserves after the Operative | ||||||
9 | Date of the Valuation Manual. | ||||||
10 | (A) General. | ||||||
11 | (1) Every company with outstanding life insurance | ||||||
12 | contracts, accident and health insurance contracts, or | ||||||
13 | deposit-type contracts in this State and subject to | ||||||
14 | regulation by the Director shall annually submit the | ||||||
15 | opinion of the appointed actuary as to whether the | ||||||
16 | reserves and related actuarial items held in support | ||||||
17 | of the policies and contracts are computed | ||||||
18 | appropriately, are based on assumptions that satisfy | ||||||
19 | contractual provisions, are consistent with prior | ||||||
20 | reported amounts, and comply with applicable laws of | ||||||
21 | this State. The Valuation Manual shall prescribe the | ||||||
22 | specifics of this opinion, including any items deemed | ||||||
23 | to be necessary to its scope. | ||||||
24 | (2) The opinion shall be submitted with the annual | ||||||
25 | statement reflecting the valuation of such reserve | ||||||
26 | liabilities for each year ending on or after the |
| |||||||
| |||||||
1 | operative date of the Valuation Manual. | ||||||
2 | (3) The opinion shall apply to all policies and | ||||||
3 | contracts subject to paragraph (B) of this subsection | ||||||
4 | (1b), plus other actuarial liabilities as may be | ||||||
5 | specified in the Valuation Manual. | ||||||
6 | (4) The opinion shall be based on standards | ||||||
7 | adopted from time to time by the Actuarial Standards | ||||||
8 | Board or its successor and on additional standards as | ||||||
9 | may be prescribed in the Valuation Manual. | ||||||
10 | (5) In the case of an opinion required to be | ||||||
11 | submitted by a foreign or non-domestic alien company, | ||||||
12 | the Director may accept the opinion filed by that | ||||||
13 | company with the insurance supervisory official of | ||||||
14 | another state if the Director determines that the | ||||||
15 | opinion reasonably meets the requirements applicable | ||||||
16 | to a company domiciled in this State. | ||||||
17 | (6) Except in cases of fraud or willful | ||||||
18 | misconduct, the appointed actuary shall not be liable | ||||||
19 | for damages to any person (other than the insurance | ||||||
20 | company and the Director) for any act, error, | ||||||
21 | omission, decision, or conduct with respect to the | ||||||
22 | appointed actuary's opinion. | ||||||
23 | (7) Disciplinary action by the Director against | ||||||
24 | the company or the appointed actuary shall be defined | ||||||
25 | by the Director by rule. | ||||||
26 | (8) A memorandum, in a form and substance as |
| |||||||
| |||||||
1 | specified in the Valuation Manual and acceptable to | ||||||
2 | the Director, shall be prepared to support each | ||||||
3 | actuarial opinion. | ||||||
4 | (9) If the insurance company fails to provide a | ||||||
5 | supporting memorandum at the request of the Director | ||||||
6 | within a period specified in the Valuation Manual or | ||||||
7 | the Director determines that the supporting memorandum | ||||||
8 | provided by the insurance company fails to meet the | ||||||
9 | standards prescribed by the Valuation Manual or is | ||||||
10 | otherwise unacceptable to the Director, the Director | ||||||
11 | may engage a qualified actuary at the expense of the | ||||||
12 | company to review the opinion and the basis for the | ||||||
13 | opinion and prepare the supporting memorandum as is | ||||||
14 | required by the Director. | ||||||
15 | (B) Every company with outstanding life insurance | ||||||
16 | contracts, accident and health insurance contracts, or | ||||||
17 | deposit-type contracts in this State and subject to | ||||||
18 | regulation by the Director, except as exempted in the | ||||||
19 | Valuation Manual, shall also annually include in the | ||||||
20 | opinion required by subparagraph (1) of paragraph (A) of | ||||||
21 | this subsection (1b), an opinion of the same appointed | ||||||
22 | actuary as to whether the reserves and related actuarial | ||||||
23 | items held in support of the policies and contracts | ||||||
24 | specified in the Valuation Manual, when considered in | ||||||
25 | light of the assets held by the company with respect to the | ||||||
26 | reserves and related actuarial items, including, but not |
| |||||||
| |||||||
1 | limited to, the investment earnings on the assets and the | ||||||
2 | considerations anticipated to be received and retained | ||||||
3 | under the policies and contracts, make adequate provision | ||||||
4 | for the company's obligations under the policies and | ||||||
5 | contracts, including, but not limited to, the benefits | ||||||
6 | under and expenses associated with the policies and | ||||||
7 | contracts. | ||||||
8 | (2) This subsection shall apply to only those policies and | ||||||
9 | contracts
issued prior to the operative date of Section 229.2 | ||||||
10 | (the Standard
Non-forfeiture Law).
| ||||||
11 | (a) Except as otherwise in this Article provided, the | ||||||
12 | legal minimum
standard for valuation of contracts issued | ||||||
13 | before January 1, 1908, shall
be the Actuaries or Combined | ||||||
14 | Experience Table of Mortality with interest
at 4% per | ||||||
15 | annum and for valuation of contracts issued on or after | ||||||
16 | that
date shall be the American Experience Table of | ||||||
17 | Mortality with either
Craig's or Buttolph's Extension for | ||||||
18 | ages under 10 and with interest at 3
1/2% per annum. The | ||||||
19 | legal minimum standard for the valuation of group
| ||||||
20 | insurance policies under which premium rates are not | ||||||
21 | guaranteed for a
period in excess of 5 years shall be the | ||||||
22 | American Men Ultimate Table of
Mortality with interest at | ||||||
23 | 3 1/2% per annum. Any life company may, at
its option, | ||||||
24 | value its insurance contracts issued on or after January | ||||||
25 | 1,
1938, in accordance with their terms on the basis of the | ||||||
26 | American Men
Ultimate Table of Mortality with interest not |
| |||||||
| |||||||
1 | higher than 3 1/2% per annum.
| ||||||
2 | (b) Policies issued prior to January 1, 1908, may | ||||||
3 | continue to be
valued according to a method producing | ||||||
4 | reserves not less than those
produced by the full | ||||||
5 | preliminary term method. Policies issued on and
after | ||||||
6 | January 1, 1908, may be valued according to a method | ||||||
7 | producing
reserves not less than those produced by the | ||||||
8 | modified preliminary term
method hereinafter described in | ||||||
9 | paragraph (c). Policies issued on and
after January 1, | ||||||
10 | 1938, may be valued either according to a method
producing | ||||||
11 | reserves not less than those produced by such modified
| ||||||
12 | preliminary term method or by the select and ultimate | ||||||
13 | method on the
basis that the rate of mortality during the | ||||||
14 | first 5 years after the
issuance of such contracts | ||||||
15 | respectively shall be calculated according to
the | ||||||
16 | following percentages of rates shown by the American | ||||||
17 | Experience
Table of Mortality:
| ||||||
18 | (i) first insurance year 50% thereof;
| ||||||
19 | (ii) second insurance year 65% thereof;
| ||||||
20 | (iii) third insurance year 75% thereof;
| ||||||
21 | (iv) fourth insurance year 85% thereof;
| ||||||
22 | (v) fifth insurance year 95% thereof.
| ||||||
23 | (c) If the premium charged for the first policy year | ||||||
24 | under a limited
payment life preliminary term policy | ||||||
25 | providing for the payment of all
premiums thereon in less | ||||||
26 | than 20 years from the date of the policy or
under an |
| |||||||
| |||||||
1 | endowment preliminary term policy, exceeds that charged | ||||||
2 | for the
first policy year under 20 payment life | ||||||
3 | preliminary term policies of the
same company, the reserve | ||||||
4 | thereon at the end of any year, including the
first, shall | ||||||
5 | not be less than the reserve on a 20 payment life
| ||||||
6 | preliminary term policy issued in the same year at the | ||||||
7 | same age,
together with an amount which shall be | ||||||
8 | equivalent to the accumulation of
a net level premium | ||||||
9 | sufficient to provide for a pure endowment at the
end of | ||||||
10 | the premium payment period, equal to the difference | ||||||
11 | between the
value at the end of such period of such a 20 | ||||||
12 | payment life preliminary
term policy and the full net | ||||||
13 | level premium reserve at such time of such
a limited | ||||||
14 | payment life or endowment policy. The premium payment | ||||||
15 | period
is the period during which premiums are | ||||||
16 | concurrently payable under such
20 payment life | ||||||
17 | preliminary term policy and such limited payment life or
| ||||||
18 | endowment policy.
| ||||||
19 | (d) The legal minimum standard for the valuations of | ||||||
20 | annuities
issued on and after January 1, 1938, shall be | ||||||
21 | the American Annuitant's
Table with interest not higher | ||||||
22 | than 3 3/4% per annum, and all annuities
issued before | ||||||
23 | that date shall be valued on a basis not lower than that
| ||||||
24 | used for the annual statement of the year 1937; but | ||||||
25 | annuities deferred
10 or more years and written in | ||||||
26 | connection with life insurance shall be
valued on the same |
| |||||||
| |||||||
1 | basis as that used in computing the consideration or
| ||||||
2 | premiums therefor, or upon any higher standard at the | ||||||
3 | option of the company.
| ||||||
4 | (e) The Director may vary the standards of interest | ||||||
5 | and mortality as
to contracts issued in countries other | ||||||
6 | than the United States and may
vary standards of mortality | ||||||
7 | in particular cases of invalid lives and
other extra | ||||||
8 | hazards.
| ||||||
9 | (f) The legal minimum standard for valuation of waiver | ||||||
10 | of premium
disability benefits or waiver of premium and | ||||||
11 | income disability benefits
issued on and after January 1, | ||||||
12 | 1938, shall be the Class (3) Disability
Table (1926) | ||||||
13 | modified to conform to the contractual waiting period, | ||||||
14 | with
interest at not more than 3 1/2% per annum; but in no | ||||||
15 | event shall the
values be less than those produced by the | ||||||
16 | basis used in computing
premiums for such benefits. The | ||||||
17 | legal minimum standard for the valuation
of such benefits | ||||||
18 | issued prior to January 1, 1938, shall be such as to
place | ||||||
19 | an adequate value, as determined by sound insurance | ||||||
20 | practices, on
the liabilities thereunder and shall be such | ||||||
21 | that the value of the
benefits under each and every policy | ||||||
22 | shall in no case be less than the
value placed upon the | ||||||
23 | future premiums.
| ||||||
24 | (g) The legal minimum standard for the valuation of | ||||||
25 | industrial
policies issued on or after January 1, 1938, | ||||||
26 | shall be the American
Experience Table of Mortality or the |
| |||||||
| |||||||
1 | Standard Industrial Mortality Table
or the Substandard | ||||||
2 | Industrial Mortality Table with interest at 3 1/2%
per | ||||||
3 | annum by the net level premium method, or in accordance | ||||||
4 | with their
terms by the modified preliminary term method | ||||||
5 | hereinabove described.
| ||||||
6 | (h) Reserves for all such policies and contracts may | ||||||
7 | be calculated,
at the option of the company, according to | ||||||
8 | any standards which produce
greater aggregate reserves for | ||||||
9 | all such policies and contracts than the
minimum reserves | ||||||
10 | required by this subsection.
| ||||||
11 | (3) This subsection shall apply to only those policies and | ||||||
12 | contracts
issued on or after January 1, 1948 or such earlier | ||||||
13 | operative date of
Section 229.2 (the Standard Non-forfeiture | ||||||
14 | Law) as shall have been
elected by the insurance company | ||||||
15 | issuing such policies or contracts.
| ||||||
16 | (a) Except as otherwise provided in subsections (4), | ||||||
17 | (6), and (7),
the minimum standard for the valuation of | ||||||
18 | all such policies
and contracts shall be the Commissioners | ||||||
19 | Reserve valuation method defined
in paragraphs (b) and (f) | ||||||
20 | of this subsection and in subsection 5, 3 1/2%
interest | ||||||
21 | for such policies issued prior to September 8, 1977, 5 | ||||||
22 | 1/2%
interest for single premium life insurance policies | ||||||
23 | and 4 1/2% interest for
all other such policies issued on | ||||||
24 | or after September 8, 1977, and the following
tables:
| ||||||
25 | (i) The Commissioners 1941 Standard Ordinary | ||||||
26 | Mortality Table for all
Ordinary policies of life |
| |||||||
| |||||||
1 | insurance issued on the standard basis,
excluding any | ||||||
2 | disability and accidental death benefits in such | ||||||
3 | policies,
for such policies issued prior to the | ||||||
4 | operative date of subsection (4a)
of Section 229.2 | ||||||
5 | (Standard Non-forfeiture Law); and the Commissioners
| ||||||
6 | 1958 Standard Ordinary Mortality Table for such | ||||||
7 | policies issued on or
after such operative date but | ||||||
8 | prior to the operative date of subsection
(4c) of | ||||||
9 | Section 229.2 provided that for any category of such
| ||||||
10 | policies issued on female risks all modified net | ||||||
11 | premiums and present
values referred to in this | ||||||
12 | Section may, prior to September 8, 1977, be
calculated | ||||||
13 | according to an age not more than 3 years younger than
| ||||||
14 | the actual age of the insured and, after September 8, | ||||||
15 | 1977,
calculated according to an age not more than 6 | ||||||
16 | years younger than the actual
age of the insured; and | ||||||
17 | for such policies issued on or after the operative
| ||||||
18 | date of subsection (4c) of Section 229.2, (i)
the | ||||||
19 | Commissioners 1980 Standard Ordinary Mortality Table, | ||||||
20 | or (ii) at the
election of the company for any one or | ||||||
21 | more specified plans of life insurance,
the | ||||||
22 | Commissioners 1980 Standard Ordinary Mortality Table | ||||||
23 | with Ten-Year
Select Mortality Factors, or (iii) any | ||||||
24 | ordinary mortality table adopted
after 1980 by the | ||||||
25 | NAIC and
approved by regulations promulgated by the | ||||||
26 | Director for use in determining
the minimum standard |
| |||||||
| |||||||
1 | of valuation for such policies.
| ||||||
2 | (ii) For all Industrial Life Insurance policies | ||||||
3 | issued on the
standard basis, excluding any disability | ||||||
4 | and accidental death benefits
in such policies--the | ||||||
5 | 1941 Standard Industrial Mortality Table for such
| ||||||
6 | policies issued prior to the operative date of | ||||||
7 | subsection 4 (b) of
Section 229.2 (Standard | ||||||
8 | Non-forfeiture Law); and for such policies issued
on | ||||||
9 | or after such operative date the Commissioners 1961
| ||||||
10 | Standard Industrial Mortality Table or any industrial | ||||||
11 | mortality table
adopted after 1980 by the NAIC
and | ||||||
12 | approved by regulations promulgated by the Director | ||||||
13 | for use in determining
the minimum standard of | ||||||
14 | valuation for such policies.
| ||||||
15 | (iii) For Individual Annuity and Pure Endowment | ||||||
16 | contracts, excluding
any disability and accidental | ||||||
17 | death benefits in such policies--the 1937
Standard | ||||||
18 | Annuity Mortality Table--or, at the option of the | ||||||
19 | company, the
Annuity Mortality Table for 1949, | ||||||
20 | Ultimate, or any modification of
either of these | ||||||
21 | tables approved by the Director.
| ||||||
22 | (iv) For Group Annuity and Pure Endowment | ||||||
23 | contracts, excluding any
disability and accidental | ||||||
24 | death benefits in such policies--the Group
Annuity | ||||||
25 | Mortality Table for 1951, any modification of such | ||||||
26 | table
approved by the Director, or, at the option of |
| |||||||
| |||||||
1 | the company, any of the
tables or modifications of | ||||||
2 | tables specified for Individual Annuity and
Pure | ||||||
3 | Endowment contracts.
| ||||||
4 | (v) For Total and Permanent Disability Benefits in | ||||||
5 | or supplementary
to Ordinary policies or contracts for | ||||||
6 | policies or contracts issued on or
after January 1, | ||||||
7 | 1966, the tables of Period 2 disablement rates and the
| ||||||
8 | 1930 to 1950 termination rates of the 1952 Disability | ||||||
9 | Study of the
Society of Actuaries, with due regard to | ||||||
10 | the type of benefit, or any tables
of disablement | ||||||
11 | rates and termination rates adopted after 1980 by the | ||||||
12 | NAIC and approved by regulations promulgated
by the | ||||||
13 | Director for use in determining the minimum standard | ||||||
14 | of valuation
for such policies; for policies or | ||||||
15 | contracts issued on or after January 1,
1961, and | ||||||
16 | prior to January 1, 1966, either such tables or, at the | ||||||
17 | option of
the company, the Class (3) Disability Table | ||||||
18 | (1926); and for policies issued
prior to January 1, | ||||||
19 | 1961, the Class (3) Disability Table (1926). Any such
| ||||||
20 | table shall, for active lives, be combined with a | ||||||
21 | mortality table permitted
for calculating the reserves | ||||||
22 | for life insurance policies.
| ||||||
23 | (vi) For Accidental Death benefits in or | ||||||
24 | supplementary to
policies--for policies issued on or | ||||||
25 | after January 1, 1966, the 1959
Accidental Death | ||||||
26 | Benefits Table or any accidental death benefits table
|
| |||||||
| |||||||
1 | adopted after 1980 by the NAIC
and approved by | ||||||
2 | regulations promulgated by the Director for use in
| ||||||
3 | determining the minimum standard of valuation for such | ||||||
4 | policies;
for policies issued on or after January 1, | ||||||
5 | 1961, and prior to January 1,
1966, any of such tables | ||||||
6 | or, at the option of the company, the
Inter-Company | ||||||
7 | Double Indemnity Mortality Table; and for policies | ||||||
8 | issued
prior to January 1, 1961, the Inter-Company | ||||||
9 | Double Indemnity Mortality
Table. Either table shall | ||||||
10 | be combined with a mortality table permitted for
| ||||||
11 | calculating the reserves for life insurance policies.
| ||||||
12 | (vii) For Group Life Insurance, life insurance | ||||||
13 | issued on the
substandard basis and other special | ||||||
14 | benefits--such tables as may be
approved by the | ||||||
15 | Director.
| ||||||
16 | (b) Except as otherwise provided in paragraph (f) of | ||||||
17 | subsection (3),
subsection (5), and subsection (7) | ||||||
18 | reserves according to the Commissioners
reserve valuation | ||||||
19 | method, for the life insurance and endowment benefits of
| ||||||
20 | policies providing for a uniform amount of insurance and | ||||||
21 | requiring the
payment of uniform premiums shall be the | ||||||
22 | excess, if any, of the present
value, at the date of | ||||||
23 | valuation, of such future guaranteed benefits
provided for | ||||||
24 | by such policies, over the then present value of any | ||||||
25 | future
modified net premiums therefor. The modified net | ||||||
26 | premiums for any such
policy shall be such uniform |
| |||||||
| |||||||
1 | percentage of the respective contract premiums
for such | ||||||
2 | benefits that the present value, at the date of issue of | ||||||
3 | the
policy, of all such modified net premiums shall be | ||||||
4 | equal to the sum of the
then present value of such benefits | ||||||
5 | provided for by the policy and the
excess of (A) over (B), | ||||||
6 | as follows:
| ||||||
7 | (A) A net level annual premium equal to the | ||||||
8 | present value, at the
date of issue, of such benefits | ||||||
9 | provided for after the first policy
year, divided by | ||||||
10 | the present value, at the date of issue, of an annuity
| ||||||
11 | of one per annum payable on the first and each | ||||||
12 | subsequent anniversary of
such policy on which a | ||||||
13 | premium falls due; provided, however, that such
net | ||||||
14 | level annual premium shall not exceed the net level | ||||||
15 | annual premium
on the 19 year premium whole life plan | ||||||
16 | for insurance of the same amount
at an age one year | ||||||
17 | higher than the age at issue of such policy.
| ||||||
18 | (B) A net one year term premium for such benefits | ||||||
19 | provided for in
the first policy year.
| ||||||
20 | For any life insurance policy issued on or after | ||||||
21 | January 1, 1987, for
which the contract premium in the | ||||||
22 | first policy year exceeds that of the
second year with no | ||||||
23 | comparable additional benefit being provided in that
first | ||||||
24 | year, which policy provides an endowment benefit or a cash | ||||||
25 | surrender
value or a combination thereof in an amount | ||||||
26 | greater than such excess
premium, the reserve according to |
| |||||||
| |||||||
1 | the Commissioners reserve
valuation method as of any | ||||||
2 | policy anniversary occurring on or before the
assumed | ||||||
3 | ending date, defined herein as the first policy | ||||||
4 | anniversary on which
the sum of any endowment benefit and | ||||||
5 | any cash surrender value then available
is greater than | ||||||
6 | such excess premium, shall, except as otherwise provided
| ||||||
7 | in paragraph (f) of subsection (3), be the greater of the | ||||||
8 | reserve as of
such policy anniversary calculated as | ||||||
9 | described in the preceding part of
this paragraph (b) and | ||||||
10 | the reserve as of such policy anniversary calculated
as | ||||||
11 | described in the preceding part of this paragraph (b) with | ||||||
12 | (i) the value
defined in subpart A of the preceding part of | ||||||
13 | this paragraph (b) being reduced
by 15% of the amount of | ||||||
14 | such excess first year premium, (ii) all present
values of | ||||||
15 | benefits and premiums being determined without reference | ||||||
16 | to
premiums or benefits provided for by the policy after | ||||||
17 | the assumed ending
date, (iii) the policy being assumed to | ||||||
18 | mature on such date as an
endowment, and (iv) the cash | ||||||
19 | surrender value provided on such date being
considered as | ||||||
20 | an endowment benefit. In making the above comparison, the
| ||||||
21 | mortality and interest bases stated in paragraph (a) of | ||||||
22 | subsection (3) and
in subsection (6)
shall be used.
| ||||||
23 | Reserves according to the Commissioners reserve | ||||||
24 | valuation method for
(i) life insurance policies providing | ||||||
25 | for a varying amount of insurance
or requiring the payment | ||||||
26 | of varying premiums, (ii) group annuity and pure
endowment |
| |||||||
| |||||||
1 | contracts purchased under a retirement plan or plan of | ||||||
2 | deferred
compensation, established or maintained by an | ||||||
3 | employer (including a partnership
or sole proprietorship) | ||||||
4 | or by an employee organization, or by both, other
than a | ||||||
5 | plan providing individual retirement accounts or | ||||||
6 | individual retirement
annuities under Section 408 of the | ||||||
7 | Internal Revenue Code, as now or hereafter
amended, (iii) | ||||||
8 | disability and accidental death benefits in all policies
| ||||||
9 | and contracts, and (iv) all other benefits, except life
| ||||||
10 | insurance and endowment benefits in life insurance | ||||||
11 | policies and benefits
provided by all other annuity and | ||||||
12 | pure endowment contracts, shall be
calculated by a method | ||||||
13 | consistent with the principles of this paragraph
(b), | ||||||
14 | except that any extra premiums charged because of | ||||||
15 | impairments or
special hazards shall be disregarded in the | ||||||
16 | determination of modified
net premiums.
| ||||||
17 | (c) In no event shall a company's aggregate reserves | ||||||
18 | for all life
insurance policies, excluding disability and | ||||||
19 | accidental death benefits be
less than the aggregate | ||||||
20 | reserves calculated in accordance with the methods
set | ||||||
21 | forth in paragraphs (b), (f), and (g) of subsection (3) | ||||||
22 | and in
subsection (5) and the mortality table or tables | ||||||
23 | and rate or rates of
interest used in calculating | ||||||
24 | non-forfeiture benefits for such policies.
| ||||||
25 | (d) In no event shall the aggregate reserves for all | ||||||
26 | policies,
contracts, and benefits be less than the |
| |||||||
| |||||||
1 | aggregate reserves determined by
the appointed actuary to | ||||||
2 | be necessary to render the opinion required by
subsection | ||||||
3 | (1a).
| ||||||
4 | (e) Reserves for any category of policies, contracts | ||||||
5 | or benefits as
established by the Director, may be | ||||||
6 | calculated, at the option of the
company, according to any | ||||||
7 | standards which produce greater aggregate
reserves for | ||||||
8 | such category than those calculated according to the
| ||||||
9 | minimum standard herein provided, but the rate or rates of | ||||||
10 | interest used
for policies and contracts, other than | ||||||
11 | annuity and pure endowment contracts,
shall not be higher | ||||||
12 | than the corresponding rate or rates of interest
used in | ||||||
13 | calculating any nonforfeiture benefits provided for | ||||||
14 | therein.
| ||||||
15 | (f) If in any contract year the gross premium charged | ||||||
16 | by any life
insurance company on any policy or contract is | ||||||
17 | less than the valuation net
premium for the policy or | ||||||
18 | contract calculated by the method used in
calculating the | ||||||
19 | reserve thereon but using the minimum valuation standards
| ||||||
20 | of mortality and rate of interest, the minimum reserve | ||||||
21 | required for such
policy or contract shall be the greater | ||||||
22 | of either the reserve calculated
according to the | ||||||
23 | mortality table, rate of interest, and method actually
| ||||||
24 | used for such policy or contract, or the reserve | ||||||
25 | calculated by the method
actually used for such policy or | ||||||
26 | contract but using the minimum standards
of mortality and |
| |||||||
| |||||||
1 | rate of interest and replacing the valuation net premium
| ||||||
2 | by the actual gross premium in each contract year for | ||||||
3 | which the valuation
net premium exceeds the actual gross | ||||||
4 | premium. The minimum valuation
standards of mortality and | ||||||
5 | rate of interest referred to in this paragraph
(f) are | ||||||
6 | those standards stated in subsection (6) and paragraph (a) | ||||||
7 | of
subsection (3).
| ||||||
8 | For any life insurance policy issued on or after | ||||||
9 | January 1, 1987, for which
the gross premium in the first | ||||||
10 | policy year exceeds that of the second year
with no | ||||||
11 | comparable additional benefit provided in that first year, | ||||||
12 | which
policy provides an endowment benefit or a cash | ||||||
13 | surrender value or a combination
thereof in an amount | ||||||
14 | greater than such excess premium, the foregoing provisions
| ||||||
15 | of this paragraph (f) shall be applied as if the method | ||||||
16 | actually used in
calculating the reserve for such policy | ||||||
17 | were the method described in paragraph
(b) of subsection | ||||||
18 | (3), ignoring the second paragraph of said paragraph (b).
| ||||||
19 | The minimum reserve at each policy anniversary of such a | ||||||
20 | policy shall be
the greater of the minimum reserve | ||||||
21 | calculated in accordance with paragraph
(b) of subsection | ||||||
22 | (3), including the second paragraph of said paragraph
(b), | ||||||
23 | and the minimum reserve calculated in accordance with this | ||||||
24 | paragraph (f).
| ||||||
25 | (g) In the case of any plan of life insurance which | ||||||
26 | provides for future
premium determination, the amounts of |
| |||||||
| |||||||
1 | which are to be determined by the
insurance company based | ||||||
2 | on then estimates of future experience, or in the
case of | ||||||
3 | any plan of life insurance or annuity which is of such a | ||||||
4 | nature that
the minimum reserves cannot be determined by | ||||||
5 | the methods described in
paragraphs (b) and (f) of | ||||||
6 | subsection (3) and subsection (5), the reserves
which are | ||||||
7 | held under any such plan shall:
| ||||||
8 | (i) be appropriate in relation to the benefits and | ||||||
9 | the pattern of
premiums for that plan, and
| ||||||
10 | (ii) be computed by a method which is consistent | ||||||
11 | with the principles
of this Standard Valuation Law, as | ||||||
12 | determined by regulations promulgated by
the Director.
| ||||||
13 | (4) Except as provided in subsection (6), the minimum | ||||||
14 | standard of valuation for individual annuity and pure | ||||||
15 | endowment contracts issued
on or after the operative date of | ||||||
16 | this subsection, as defined herein, and
for all annuities and | ||||||
17 | pure endowments purchased on or after such operative
date | ||||||
18 | under group annuity and pure endowment contracts shall be the
| ||||||
19 | Commissioners Reserve valuation methods defined in paragraph | ||||||
20 | (b) of
subsection (3) and subsection (5) and the following | ||||||
21 | tables and interest rates:
| ||||||
22 | (a) For individual single premium immediate annuity | ||||||
23 | contracts, excluding
any disability and accidental death | ||||||
24 | benefits in such contracts, the 1971
Individual Annuity | ||||||
25 | Mortality Table, any individual annuity mortality table
| ||||||
26 | adopted after 1980 by the NAIC
and approved by regulations |
| |||||||
| |||||||
1 | promulgated by the Director for use in determining
the | ||||||
2 | minimum standard of valuation for such contracts, or any | ||||||
3 | modification
of those tables approved by the Director, and | ||||||
4 | 7 1/2% interest.
| ||||||
5 | (b) For individual and pure endowment contracts other | ||||||
6 | than single premium
annuity contracts, excluding any | ||||||
7 | disability and accidental death benefits
in such | ||||||
8 | contracts, the 1971 Individual Annuity Mortality Table, | ||||||
9 | any
individual annuity mortality table adopted after 1980 | ||||||
10 | by the NAIC and approved by regulations
promulgated by the | ||||||
11 | Director for use in determining the minimum standard of
| ||||||
12 | valuation for such contracts, or any modification of those | ||||||
13 | tables
approved by the Director, and 5 1/2% interest for | ||||||
14 | single premium deferred
annuity and pure endowment | ||||||
15 | contracts and 4 1/2% interest for all other such
| ||||||
16 | individual annuity and pure endowment contracts.
| ||||||
17 | (c) For all annuities and pure endowments purchased | ||||||
18 | under group annuity
and pure endowment contracts, | ||||||
19 | excluding any disability and accidental death
benefits | ||||||
20 | purchased under such contracts, the 1971 Group Annuity | ||||||
21 | Mortality
Table, any group annuity mortality table adopted | ||||||
22 | after 1980 by the NAIC and approved by regulations | ||||||
23 | promulgated
by the Director for use in determining the | ||||||
24 | minimum standard of valuation
for such annuities and pure | ||||||
25 | endowments, or any modification of those
tables approved | ||||||
26 | by the Director, and 7 1/2% interest.
|
| |||||||
| |||||||
1 | After September 8, 1977, any company may file with the | ||||||
2 | Director a written
notice of its election to comply with the | ||||||
3 | provisions of this subsection
after a specified date before | ||||||
4 | January 1, 1979, which shall be the operative
date of this | ||||||
5 | subsection for such company; provided, a company may elect a
| ||||||
6 | different operative date for individual annuity and pure | ||||||
7 | endowment
contracts from that elected for group annuity and | ||||||
8 | pure endowment contracts.
If a company makes no election, the | ||||||
9 | operative date of this subsection for
such company shall be | ||||||
10 | January 1, 1979.
| ||||||
11 | (5) This subsection shall apply to all annuity and pure | ||||||
12 | endowment contracts
other than group annuity and pure | ||||||
13 | endowment contracts purchased under a
retirement plan or plan | ||||||
14 | of deferred compensation, established or maintained
by an | ||||||
15 | employer (including a partnership or sole proprietorship) or | ||||||
16 | by an
employee organization, or by both, other than a plan | ||||||
17 | providing individual
retirement accounts or individual | ||||||
18 | retirement annuities under Section 408
of the Internal Revenue | ||||||
19 | Code, as now or hereafter amended.
| ||||||
20 | Reserves according to the Commissioners annuity reserve | ||||||
21 | method for
benefits under annuity or pure endowment contracts, | ||||||
22 | excluding any
disability and accidental death benefits in such | ||||||
23 | contracts, shall be the
greatest of the respective excesses of | ||||||
24 | the present values, at the date of
valuation, of the future | ||||||
25 | guaranteed benefits, including guaranteed
nonforfeiture | ||||||
26 | benefits, provided for by such contracts at the end of each
|
| |||||||
| |||||||
1 | respective contract year, over the present value, at the date | ||||||
2 | of valuation,
of any future valuation considerations derived | ||||||
3 | from future gross
considerations, required by the terms of | ||||||
4 | such contract, that become payable
prior to the end of such | ||||||
5 | respective contract year. The future guaranteed
benefits shall | ||||||
6 | be determined by using the mortality table, if any, and the
| ||||||
7 | interest rate, or rates, specified in such contracts for | ||||||
8 | determining
guaranteed benefits. The valuation considerations | ||||||
9 | are the portions of the
respective gross considerations | ||||||
10 | applied under the terms of such contracts
to determine | ||||||
11 | nonforfeiture values.
| ||||||
12 | (6)(a) Applicability of this subsection. The interest | ||||||
13 | rates used
in determining the minimum standard for the | ||||||
14 | valuation of
| ||||||
15 | (A) all life insurance policies issued in a particular | ||||||
16 | calendar year,
on or after the operative date of | ||||||
17 | subsection (4c) of Section 229.2 (Standard
Nonforfeiture | ||||||
18 | Law),
| ||||||
19 | (B) all individual annuity and pure endowment | ||||||
20 | contracts issued in a
particular calendar year ending on | ||||||
21 | or after December 31, 1983,
| ||||||
22 | (C) all annuities and pure endowments purchased in a | ||||||
23 | particular calendar
year ending on or after December 31, | ||||||
24 | 1983, under group annuity and pure
endowment contracts, | ||||||
25 | and
| ||||||
26 | (D) the net increase in a particular calendar year |
| |||||||
| |||||||
1 | ending after December
31, 1983, in amounts held under | ||||||
2 | guaranteed interest contracts
| ||||||
3 | shall be the calendar year statutory valuation interest rates, | ||||||
4 | as defined
in this subsection.
| ||||||
5 | (b) Calendar Year Statutory Valuation Interest Rates.
| ||||||
6 | (i) The calendar year statutory valuation interest | ||||||
7 | rates shall be determined
according to the following | ||||||
8 | formulae, rounding "I" to the nearest .25%.
| ||||||
9 | (A) For life insurance,
| ||||||
10 | I = .03 + W (R1 - .03) + W/2 (R2 - .09).
| ||||||
11 | (B) For single premium immediate annuities and | ||||||
12 | annuity benefits
involving life contingencies | ||||||
13 | arising from other annuities with cash
settlement | ||||||
14 | options and from guaranteed interest contracts | ||||||
15 | with cash settlement options,
| ||||||
16 | I = .03 + W (R - .03) or with prior | ||||||
17 | approval of the Director I = .03 + W (Rq - | ||||||
18 | .03).
| ||||||
19 | For the purposes of this subparagraph (i), "I" | ||||||
20 | equals the calendar year
statutory valuation interest | ||||||
21 | rate, "R" is the reference interest rate defined
in | ||||||
22 | this subsection, "R1" is the lesser of R and .09, "R2" | ||||||
23 | is the greater
of R and .09, "Rq" is the quarterly | ||||||
24 | reference interest rate defined in
this subsection, | ||||||
25 | and "W" is the weighting factor defined in this | ||||||
26 | subsection.
|
| |||||||
| |||||||
1 | (C) For other annuities with cash settlement | ||||||
2 | options and guaranteed interest
contracts with | ||||||
3 | cash settlement options, valued on an issue year | ||||||
4 | basis, except
as stated in (B), the formula for | ||||||
5 | life insurance stated in (A) applies to
annuities | ||||||
6 | and guaranteed interest contracts with guarantee | ||||||
7 | durations in
excess of 10 years, and the formula | ||||||
8 | for single premium immediate annuities
stated in | ||||||
9 | (B) above applies to annuities and guaranteed | ||||||
10 | interest contracts
with guarantee durations of 10 | ||||||
11 | years or less.
| ||||||
12 | (D) For other annuities with no cash | ||||||
13 | settlement options and for
guaranteed interest | ||||||
14 | contracts with no cash settlement options, the | ||||||
15 | formula
for single premium immediate annuities | ||||||
16 | stated in (B) applies.
| ||||||
17 | (E) For other annuities with cash settlement | ||||||
18 | options and
guaranteed interest contracts with | ||||||
19 | cash settlement options, valued on a
change in | ||||||
20 | fund basis, the formula for single premium | ||||||
21 | immediate annuities
stated in (B) applies.
| ||||||
22 | (ii) If the calendar year statutory valuation | ||||||
23 | interest rate for
any life insurance policy issued in | ||||||
24 | any calendar year determined without
reference to this | ||||||
25 | subparagraph differs from the corresponding actual | ||||||
26 | rate
for similar policies issued in the immediately |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | preceding calendar year by
less than .5%, the calendar | |||||||||||||||||||||||||
2 | year statutory valuation interest rate for such
life | |||||||||||||||||||||||||
3 | insurance policy shall be the corresponding actual | |||||||||||||||||||||||||
4 | rate for the
immediately preceding calendar year. For | |||||||||||||||||||||||||
5 | purposes of applying this
subparagraph, the calendar | |||||||||||||||||||||||||
6 | year statutory valuation interest rate for life
| |||||||||||||||||||||||||
7 | insurance policies issued in a calendar year shall be | |||||||||||||||||||||||||
8 | determined for 1980,
using the reference interest rate | |||||||||||||||||||||||||
9 | defined for 1979, and shall be determined
for each | |||||||||||||||||||||||||
10 | subsequent calendar year regardless of when subsection | |||||||||||||||||||||||||
11 | (4c) of
Section 229.2 (Standard Nonforfeiture Law) | |||||||||||||||||||||||||
12 | becomes operative.
| |||||||||||||||||||||||||
13 | (c) Weighting Factors.
| |||||||||||||||||||||||||
14 | (i) The weighting factors referred to in the | |||||||||||||||||||||||||
15 | formulae stated in
paragraph (b) are given in the | |||||||||||||||||||||||||
16 | following tables.
| |||||||||||||||||||||||||
17 | (A) Weighting Factors for Life Insurance.
| |||||||||||||||||||||||||
| ||||||||||||||||||||||||||
24 | For life insurance, the guarantee duration is | |||||||||||||||||||||||||
25 | the maximum number of
years the life insurance can | |||||||||||||||||||||||||
26 | remain in force on a basis guaranteed in the
|
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | policy or under options to convert to plans of | |||||||||||||||||||||||||||||
2 | life insurance with premium
rates or nonforfeiture | |||||||||||||||||||||||||||||
3 | values or both which are guaranteed in the | |||||||||||||||||||||||||||||
4 | original
policy.
| |||||||||||||||||||||||||||||
5 | (B) The weighting factor for single premium | |||||||||||||||||||||||||||||
6 | immediate annuities
and for annuity benefits | |||||||||||||||||||||||||||||
7 | involving life contingencies arising from other
| |||||||||||||||||||||||||||||
8 | annuities with cash settlement options and | |||||||||||||||||||||||||||||
9 | guaranteed interest contracts
with cash settlement | |||||||||||||||||||||||||||||
10 | options is .80.
| |||||||||||||||||||||||||||||
11 | (C) The weighting factors for other annuities | |||||||||||||||||||||||||||||
12 | and for guaranteed
interest contracts, except as | |||||||||||||||||||||||||||||
13 | stated in (B) of this subparagraph (i), shall
be | |||||||||||||||||||||||||||||
14 | as specified in tables (1), (2), and (3) of this | |||||||||||||||||||||||||||||
15 | subpart (C), according to
the rules and | |||||||||||||||||||||||||||||
16 | definitions in (4), (5) and (6) of this subpart | |||||||||||||||||||||||||||||
17 | (C).
| |||||||||||||||||||||||||||||
18 | (1) For annuities and guaranteed interest | |||||||||||||||||||||||||||||
19 | contracts valued on
an issue year basis.
| |||||||||||||||||||||||||||||
|
| ||||||||||
| ||||||||||
| ||||||||||
3 | (2) For annuities and guaranteed interest | |||||||||
4 | contracts valued on a change
in fund basis, | |||||||||
5 | the factors shown in (1) for Plan Types A, B | |||||||||
6 | and C are
increased by .15, .25 and .05, | |||||||||
7 | respectively.
| |||||||||
8 | (3) For annuities and guaranteed interest | |||||||||
9 | contracts valued on an issue
year basis, other | |||||||||
10 | than those with no cash settlement options, | |||||||||
11 | which do not
guarantee interest on | |||||||||
12 | considerations received more than one year | |||||||||
13 | after
issue or purchase, and for annuities and | |||||||||
14 | guaranteed interest contracts
valued on a | |||||||||
15 | change in fund basis which do not guarantee | |||||||||
16 | interest rates on
considerations received more | |||||||||
17 | than 12 months beyond the valuation date, the
| |||||||||
18 | factors shown in (1), or derived in (2), for | |||||||||
19 | Plan Types A, B and C are
increased by .05.
| |||||||||
20 | (4) For other annuities with cash | |||||||||
21 | settlement options and guaranteed
interest | |||||||||
22 | contracts with cash settlement options, the | |||||||||
23 | guarantee duration
is the number of years for | |||||||||
24 | which the contract guarantees interest rates
| |||||||||
25 | in excess of the calendar year statutory | |||||||||
26 | valuation interest rate for life
insurance |
| |||||||
| |||||||
1 | policies with guarantee durations in excess of | ||||||
2 | 20 years. For
other annuities with no cash | ||||||
3 | settlement options, and for guaranteed
| ||||||
4 | interest contracts with no cash settlement | ||||||
5 | options, the guarantee duration
is the number | ||||||
6 | of years from the date of issue or date of | ||||||
7 | purchase to the
date annuity benefits are | ||||||
8 | scheduled to commence.
| ||||||
9 | (5) The plan types used in the above | ||||||
10 | tables are defined as follows.
| ||||||
11 | Plan Type A is a plan under which the | ||||||
12 | policyholder may not withdraw
funds, or may | ||||||
13 | withdraw funds at any time but only (a) with | ||||||
14 | an adjustment to
reflect changes in interest | ||||||
15 | rates or asset values since receipt of the
| ||||||
16 | funds by the insurance company, (b) without | ||||||
17 | such an adjustment but in
installments over 5 | ||||||
18 | years or more, or (c) as an immediate life | ||||||
19 | annuity.
| ||||||
20 | Plan Type B is a plan under which the | ||||||
21 | policyholder may not withdraw
funds before | ||||||
22 | expiration of the interest rate guarantee, or | ||||||
23 | may withdraw
funds before such expiration but | ||||||
24 | only (a) with an adjustment to reflect
changes | ||||||
25 | in interest rates or asset values since | ||||||
26 | receipt of the funds by the
insurance company, |
| |||||||
| |||||||
1 | or (b) without such adjustment but in | ||||||
2 | installments over
5 years or more. At the end | ||||||
3 | of the interest rate guarantee, funds may be
| ||||||
4 | withdrawn without such adjustment in a single | ||||||
5 | sum or installments over less
than 5 years.
| ||||||
6 | Plan Type C is a plan under which the | ||||||
7 | policyholder may withdraw funds
before | ||||||
8 | expiration of the interest rate guarantee in a | ||||||
9 | single sum or
installments over less than 5 | ||||||
10 | years either (a) without adjustment to
reflect | ||||||
11 | changes in interest rates or asset values | ||||||
12 | since receipt of the
funds by the insurance | ||||||
13 | company, or (b) subject only to a fixed | ||||||
14 | surrender
charge stipulated in the contract as | ||||||
15 | a percentage of the fund.
| ||||||
16 | (6) A company may elect to value | ||||||
17 | guaranteed interest contracts
with cash | ||||||
18 | settlement options and annuities with cash | ||||||
19 | settlement options on
either an issue year | ||||||
20 | basis or on a change in fund basis. Guaranteed
| ||||||
21 | interest contracts with no cash settlement | ||||||
22 | options and other annuities with
no cash | ||||||
23 | settlement options shall be valued on an issue | ||||||
24 | year basis. As used
in this Section, "issue | ||||||
25 | year basis of valuation" refers to a valuation
| ||||||
26 | basis under which the interest rate used to |
| |||||||
| |||||||
1 | determine the minimum valuation
standard for | ||||||
2 | the entire duration of the annuity or | ||||||
3 | guaranteed interest
contract is the calendar | ||||||
4 | year valuation interest rate for the year of | ||||||
5 | issue
or year of purchase of the annuity or | ||||||
6 | guaranteed interest contract.
"Change in fund | ||||||
7 | basis of valuation", as used in this Section, | ||||||
8 | refers to a
valuation basis under which the | ||||||
9 | interest rate used to determine the minimum
| ||||||
10 | valuation standard applicable to each change | ||||||
11 | in the fund held under the
annuity or | ||||||
12 | guaranteed interest contract is the calendar | ||||||
13 | year valuation
interest rate for the year of | ||||||
14 | the change in the fund.
| ||||||
15 | (d) Reference Interest Rate. The reference interest | ||||||
16 | rate referred to
in paragraph (b) of this subsection is | ||||||
17 | defined as follows.
| ||||||
18 | (A) For all life insurance, the reference interest | ||||||
19 | rate is the lesser
of the average over a period of 36 | ||||||
20 | months, and the average over a period
of 12 months, | ||||||
21 | with both periods ending on June 30, or with prior | ||||||
22 | approval
of the Director ending on December 31, of the | ||||||
23 | calendar year next
preceding the year of issue, of | ||||||
24 | Moody's Corporate Bond Yield Average - Monthly
Average | ||||||
25 | Corporates, as published by Moody's Investors Service, | ||||||
26 | Inc.
|
| |||||||
| |||||||
1 | (B) For single premium immediate annuities and for | ||||||
2 | annuity benefits
involving life contingencies arising | ||||||
3 | from other annuities with cash
settlement options and | ||||||
4 | guaranteed interest contracts with cash settlement
| ||||||
5 | options, the reference interest rate is the average | ||||||
6 | over a period of 12
months, ending on June 30, or with | ||||||
7 | prior approval of the Director ending on
December 31, | ||||||
8 | of the calendar year of issue or year of purchase, of | ||||||
9 | Moody's
Corporate Bond Yield Average - Monthly Average | ||||||
10 | Corporates, as published by
Moody's Investors Service, | ||||||
11 | Inc.
| ||||||
12 | (C) For annuities with cash settlement options and | ||||||
13 | guaranteed interest
contracts with cash settlement | ||||||
14 | options, valued on a year of issue basis,
except those | ||||||
15 | described in (B), with guarantee durations in excess | ||||||
16 | of 10
years, the reference interest rate is the lesser | ||||||
17 | of the average over a period
of 36 months and the | ||||||
18 | average over a period of 12 months, ending on June
30, | ||||||
19 | or with prior approval of the Director ending on | ||||||
20 | December 31, of
the calendar year of issue or | ||||||
21 | purchase, of Moody's Corporate Bond
Yield | ||||||
22 | Average-Monthly Average Corporates, as published by | ||||||
23 | Moody's Investors
Service, Inc.
| ||||||
24 | (D) For other annuities with cash settlement | ||||||
25 | options and guaranteed
interest contracts with cash | ||||||
26 | settlement options, valued on a year of issue
basis, |
| |||||||
| |||||||
1 | except those described in (B), with guarantee | ||||||
2 | durations of 10 years
or less, the reference interest | ||||||
3 | rate is the average over a period of 12
months, ending | ||||||
4 | on June 30, or with prior approval of the Director | ||||||
5 | ending on
December 31, of the calendar year of issue or | ||||||
6 | purchase, of Moody's
Corporate Bond Yield | ||||||
7 | Average-Monthly Average Corporates, as published by
| ||||||
8 | Moody's Investors Service, Inc.
| ||||||
9 | (E) For annuities with no cash settlement options | ||||||
10 | and for guaranteed
interest contracts with no cash | ||||||
11 | settlement options, the reference interest
rate is the | ||||||
12 | average over a period of 12 months, ending on June 30, | ||||||
13 | or with
prior approval of the Director ending on | ||||||
14 | December 31, of the calendar year
of issue or | ||||||
15 | purchase, of Moody's Corporate Bond Yield | ||||||
16 | Average-Monthly
Average Corporates, as published by | ||||||
17 | Moody's Investors Service, Inc.
| ||||||
18 | (F) For annuities with cash settlement options and | ||||||
19 | guaranteed interest
contracts with cash settlement | ||||||
20 | options, valued on a change in fund basis,
except | ||||||
21 | those described in (B), the reference interest rate is | ||||||
22 | the average
over a period of 12 months, ending on June | ||||||
23 | 30, or with prior approval of
the Director ending on | ||||||
24 | December 31, of the calendar year of the
change in the | ||||||
25 | fund, of Moody's Corporate Bond Yield Average-Monthly | ||||||
26 | Average
Corporates, as published by Moody's Investors |
| |||||||
| |||||||
1 | Service, Inc.
| ||||||
2 | (G) For annuities valued by a formula based on Rq, | ||||||
3 | the quarterly
reference interest rate is, with the | ||||||
4 | prior approval of the Director, the
average within | ||||||
5 | each of the 4 consecutive calendar year quarters
| ||||||
6 | ending on March 31, June 30, September 30 and December | ||||||
7 | 31 of the calendar
year of issue or year of purchase of | ||||||
8 | Moody's Corporate Bond Yield
Average-Monthly Average | ||||||
9 | Corporates, as published by Moody's Investors
Service, | ||||||
10 | Inc.
| ||||||
11 | (e) Alternative Method for Determining Reference | ||||||
12 | Interest Rates.
In the event that the Moody's Corporate | ||||||
13 | Bond Yield Average-Monthly Average
Corporates is no longer | ||||||
14 | published by Moody's Investors Services, Inc., or
in the | ||||||
15 | event that the NAIC
determines that Moody's Corporate Bond | ||||||
16 | Yield Average-Monthly Average
Corporates as published by | ||||||
17 | Moody's Investors Service, Inc. is no longer
appropriate | ||||||
18 | for the determination of the reference interest rate, then | ||||||
19 | an
alternative method for determination of the reference | ||||||
20 | interest rate, which
is adopted by the NAIC and
approved | ||||||
21 | by regulations promulgated by the Director, may be | ||||||
22 | substituted.
| ||||||
23 | (7) Minimum Standards for Accident and Health (Disability, | ||||||
24 | Accident and Sickness) Insurance Contracts. The Director shall | ||||||
25 | promulgate a regulation containing the minimum
standards | ||||||
26 | applicable to the valuation of health (disability, sickness |
| |||||||
| |||||||
1 | and
accident) plans which are issued prior to the operative | ||||||
2 | date of the Valuation Manual. For accident and health | ||||||
3 | (disability, accident and sickness) insurance contracts issued | ||||||
4 | on or after the operative date of the Valuation Manual, the | ||||||
5 | standard prescribed in the Valuation Manual is the minimum | ||||||
6 | standard of valuation required under subsection (1). | ||||||
7 | (8) Valuation Manual for Policies Issued On or After the | ||||||
8 | Operative Date of the Valuation Manual. | ||||||
9 | (a) For policies issued on or after the operative date | ||||||
10 | of the Valuation Manual, the standard prescribed in the | ||||||
11 | Valuation Manual is the minimum standard of valuation | ||||||
12 | required under subsection (1), except as provided under | ||||||
13 | paragraphs (e) or (g) of this subsection (8). | ||||||
14 | (b) The operative date of the Valuation Manual is | ||||||
15 | January 1 of the first calendar year following the first | ||||||
16 | July 1 when all of the following have occurred: | ||||||
17 | (i) The Valuation Manual has been adopted by the | ||||||
18 | NAIC by an affirmative vote of at least 42 members, or | ||||||
19 | three-fourths of the members voting, whichever is | ||||||
20 | greater. | ||||||
21 | (ii) The Standard Valuation Law, as amended by the | ||||||
22 | NAIC in 2009, or legislation including substantially | ||||||
23 | similar terms and provisions, has been enacted by | ||||||
24 | states representing greater than 75% of the direct | ||||||
25 | premiums written as reported in the following annual | ||||||
26 | statements submitted for 2008: life, accident and |
| |||||||
| |||||||
1 | health annual statements; health annual statements; or | ||||||
2 | fraternal annual statements. | ||||||
3 | (iii) The Standard Valuation Law, as amended by | ||||||
4 | the NAIC in 2009, or legislation including | ||||||
5 | substantially similar terms and provisions, has been | ||||||
6 | enacted by at least 42 of the following 55 | ||||||
7 | jurisdictions: the 50 states of the United States, | ||||||
8 | American Samoa, the American Virgin Islands, the | ||||||
9 | District of Columbia, Guam, and Puerto Rico. | ||||||
10 | (c) Unless a change in the Valuation Manual specifies | ||||||
11 | a later effective date, changes to the Valuation Manual | ||||||
12 | shall be effective on January 1 following the date when | ||||||
13 | the change to the Valuation Manual has been adopted by the | ||||||
14 | NAIC by an affirmative vote representing: | ||||||
15 | (i) at least three-fourths of the members of the | ||||||
16 | NAIC voting, but not less than a majority of the total | ||||||
17 | membership; and | ||||||
18 | (ii) members of the NAIC representing | ||||||
19 | jurisdictions totaling greater than 75% of the direct | ||||||
20 | premiums written as reported in the following annual | ||||||
21 | statements most recently available prior to the vote | ||||||
22 | in subparagraph (i) of this paragraph (c): life, | ||||||
23 | accident and health annual statements; health annual | ||||||
24 | statements; or fraternal annual statements. | ||||||
25 | (d) The Valuation Manual must specify all of the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (i) Minimum valuation standards for and | ||||||
2 | definitions of the policies or contracts subject to | ||||||
3 | subsection (1). Such minimum valuation standards shall | ||||||
4 | be: | ||||||
5 | (A) the Commissioners reserve valuation method | ||||||
6 | for life insurance contracts, other than annuity | ||||||
7 | contracts, subject to subsection (1); | ||||||
8 | (B) the Commissioners annuity reserve | ||||||
9 | valuation method for annuity contracts subject to | ||||||
10 | subsection (1); and | ||||||
11 | (C) minimum reserves for all other policies or | ||||||
12 | contracts subject to subsection (1). | ||||||
13 | (ii) Which policies or contracts or types of | ||||||
14 | policies or contracts are subject to the requirements | ||||||
15 | of a principle-based valuation in paragraph (a) of | ||||||
16 | subsection (9) and the minimum valuation standards | ||||||
17 | consistent with those requirements. | ||||||
18 | (iii) For policies and contracts subject to a | ||||||
19 | principle-based valuation under subsection (9): | ||||||
20 | (A) Requirements for the format of reports to | ||||||
21 | the Director under subparagraph (iii) of paragraph | ||||||
22 | (b) of subsection (9), and which shall include | ||||||
23 | information necessary to determine if the | ||||||
24 | valuation is appropriate and in compliance with | ||||||
25 | this Section. | ||||||
26 | (B) Assumptions shall be prescribed for risks |
| |||||||
| |||||||
1 | over which the company does not have significant | ||||||
2 | control or influence. | ||||||
3 | (C) Procedures for corporate governance and | ||||||
4 | oversight of the actuarial function, and a process | ||||||
5 | for appropriate waiver or modification of such | ||||||
6 | procedures. | ||||||
7 | (iv) For policies not subject to a principle-based | ||||||
8 | valuation under subsection (9), the minimum valuation | ||||||
9 | standard shall either: | ||||||
10 | (A) be consistent with the minimum standard of | ||||||
11 | valuation prior to the operative date of the | ||||||
12 | Valuation Manual; or | ||||||
13 | (B) develop reserves that quantify the | ||||||
14 | benefits and guarantees and the funding associated | ||||||
15 | with the contracts and their risks at a level of | ||||||
16 | conservatism that reflects conditions that include | ||||||
17 | unfavorable events that have a reasonable | ||||||
18 | probability of occurring. | ||||||
19 | (v) Other requirements, including, but not limited | ||||||
20 | to, those relating to reserve methods, models for | ||||||
21 | measuring risk, generation of economic scenarios, | ||||||
22 | assumptions, margins, use of company experience, risk | ||||||
23 | measurement, disclosure, certifications, reports, | ||||||
24 | actuarial opinions and memorandums, transition rules, | ||||||
25 | and internal controls. | ||||||
26 | (vi) The data and form of the data required under |
| |||||||
| |||||||
1 | subsection (10) of this Section, with whom the data | ||||||
2 | must be submitted, and may specify other requirements, | ||||||
3 | including data analyses and the reporting of analyses.
| ||||||
4 | (e) In the absence of a specific valuation requirement | ||||||
5 | or if a specific valuation requirement in the Valuation | ||||||
6 | Manual is not, in the opinion of the Director, in | ||||||
7 | compliance with this Section, then the company shall, with | ||||||
8 | respect to such requirements, comply with minimum | ||||||
9 | valuation standards prescribed by the Director by rule. | ||||||
10 | (f) The Director may engage a qualified actuary, at | ||||||
11 | the expense of the company, to perform an actuarial | ||||||
12 | examination of the company and opine on the | ||||||
13 | appropriateness of any reserve assumption or method used | ||||||
14 | by the company, or to review and opine on a company's | ||||||
15 | compliance with any requirement set forth in this Section. | ||||||
16 | The Director may rely upon the opinion regarding | ||||||
17 | provisions contained within this Section of a qualified | ||||||
18 | actuary engaged by the Director of another state, | ||||||
19 | district, or territory of the United States. As used in | ||||||
20 | this paragraph, "engage" includes employment and | ||||||
21 | contracting. | ||||||
22 | (g) The Director may require a company to change any | ||||||
23 | assumption or method that in the opinion of the Director | ||||||
24 | is necessary in order to comply with the requirements of | ||||||
25 | the Valuation Manual or this Section; and the company | ||||||
26 | shall adjust the reserves as required by the Director. The |
| |||||||
| |||||||
1 | Director may take other disciplinary action as permitted | ||||||
2 | pursuant to law. | ||||||
3 | (9) Requirements of a Principle-Based Valuation. | ||||||
4 | (a) A company must establish reserves using a | ||||||
5 | principle-based valuation that meets the following | ||||||
6 | conditions for policies or contracts as specified in the | ||||||
7 | Valuation Manual: | ||||||
8 | (i) Quantify the benefits and guarantees, and the | ||||||
9 | funding, associated with the contracts and their risks | ||||||
10 | at a level of conservatism that reflects conditions | ||||||
11 | that include unfavorable events that have a reasonable | ||||||
12 | probability of occurring during the lifetime of the | ||||||
13 | contracts. For policies or contracts with significant | ||||||
14 | tail risk, reflect conditions appropriately adverse to | ||||||
15 | quantify the tail risk. | ||||||
16 | (ii) Incorporate assumptions, risk analysis | ||||||
17 | methods, and financial models and management | ||||||
18 | techniques that are consistent with, but not | ||||||
19 | necessarily identical to, those utilized within the | ||||||
20 | company's overall risk assessment process, while | ||||||
21 | recognizing potential differences in financial | ||||||
22 | reporting structures and any prescribed assumptions or | ||||||
23 | methods. | ||||||
24 | (iii) Incorporate assumptions that are derived in | ||||||
25 | one of the following manners: | ||||||
26 | (A) The assumption is prescribed in the |
| |||||||
| |||||||
1 | Valuation Manual. | ||||||
2 | (B) For assumptions that are not prescribed, | ||||||
3 | the assumptions shall: | ||||||
4 | (1) be established utilizing the company's | ||||||
5 | available experience, to the extent it is | ||||||
6 | relevant and statistically credible; or | ||||||
7 | (2) to the extent that company data is not | ||||||
8 | available, relevant, or statistically | ||||||
9 | credible, be established utilizing other | ||||||
10 | relevant, statistically credible experience. | ||||||
11 | (iv) Provide margins for uncertainty, including | ||||||
12 | adverse deviation and estimation error, such that the | ||||||
13 | greater the uncertainty, the larger the margin and | ||||||
14 | resulting reserve. | ||||||
15 | (b) A company using a principle-based valuation for | ||||||
16 | one or more policies or contracts subject to this | ||||||
17 | subsection as specified in the Valuation Manual shall: | ||||||
18 | (i) Establish procedures for corporate governance | ||||||
19 | and oversight of the actuarial valuation function | ||||||
20 | consistent with those described in the Valuation | ||||||
21 | Manual. | ||||||
22 | (ii) Provide to the Director and the board of | ||||||
23 | directors an annual certification of the effectiveness | ||||||
24 | of the internal controls with respect to the | ||||||
25 | principle-based valuation. Such controls shall be | ||||||
26 | designed to ensure that all material risks inherent in |
| |||||||
| |||||||
1 | the liabilities and associated assets subject to such | ||||||
2 | valuation are included in the valuation, and that | ||||||
3 | valuations are made in accordance with the Valuation | ||||||
4 | Manual. The certification shall be based on the | ||||||
5 | controls in place as of the end of the preceding | ||||||
6 | calendar year. | ||||||
7 | (iii) Develop and file with the Director upon | ||||||
8 | request a principle-based valuation report that | ||||||
9 | complies with standards prescribed in the Valuation | ||||||
10 | Manual. | ||||||
11 | (c) A principle-based valuation may include a | ||||||
12 | prescribed formulaic reserve component. | ||||||
13 | (10) Experience Reporting for Policies In Force On or | ||||||
14 | After the Operative Date of the Valuation Manual. A company | ||||||
15 | shall submit mortality, morbidity, policyholder behavior, or | ||||||
16 | expense experience and other data as prescribed in the | ||||||
17 | Valuation Manual. | ||||||
18 | (11) Confidentiality. | ||||||
19 | (a) For the purposes of this subsection (11), | ||||||
20 | "confidential information" means any of the following: | ||||||
21 | (i) A memorandum in support of an opinion | ||||||
22 | submitted under subsection (1) of this Section and any | ||||||
23 | other documents, materials, and other information, | ||||||
24 | including, but not limited to, all working papers, and | ||||||
25 | copies thereof, created, produced or obtained by or | ||||||
26 | disclosed to the Director or any other person in |
| |||||||
| |||||||
1 | connection with the memorandum. | ||||||
2 | (ii) All documents, materials, and other | ||||||
3 | information, including, but not limited to, all | ||||||
4 | working papers, and copies thereof, created, produced, | ||||||
5 | or obtained by or disclosed to the Director or any | ||||||
6 | other person in the course of an examination made | ||||||
7 | under paragraph (f) of subsection (8) of this Section. | ||||||
8 | (iii) Any reports, documents, materials, and other | ||||||
9 | information developed by a company in support of, or | ||||||
10 | in connection with, an annual certification by the | ||||||
11 | company under subparagraph (ii) of paragraph (b) of | ||||||
12 | subsection (9) of this Section evaluating the | ||||||
13 | effectiveness of the company's internal controls with | ||||||
14 | respect to a principle-based valuation and any other | ||||||
15 | documents, materials, and other information, | ||||||
16 | including, but not limited to, all working papers, and | ||||||
17 | copies thereof, created, produced, or obtained by or | ||||||
18 | disclosed to the Director or any other person in | ||||||
19 | connection with such reports, documents, materials, | ||||||
20 | and other information. | ||||||
21 | (iv) Any principle-based valuation report | ||||||
22 | developed under subparagraph (iii) of paragraph (b) of | ||||||
23 | subsection (9) of this Section and any other | ||||||
24 | documents, materials and other information, including, | ||||||
25 | but not limited to, all working papers, and copies | ||||||
26 | thereof, created, produced or obtained by or disclosed |
| |||||||
| |||||||
1 | to the Director or any other person in connection with | ||||||
2 | such report. | ||||||
3 | (v) Any documents, materials, data, and other | ||||||
4 | information submitted by a company under subsection | ||||||
5 | (10) of this Section (collectively, "experience data") | ||||||
6 | and any other documents, materials, data, and other | ||||||
7 | information, including, but not limited to, all | ||||||
8 | working papers, and copies thereof, created or | ||||||
9 | produced in connection with such experience data, in | ||||||
10 | each case that include any potentially | ||||||
11 | company-identifying or personally identifiable | ||||||
12 | information, that is provided to or obtained by the | ||||||
13 | Director (together with any experience data, the | ||||||
14 | "experience materials") and any other documents, | ||||||
15 | materials, data and other information, including, but | ||||||
16 | not limited to, all working papers and copies thereof, | ||||||
17 | created, produced, or obtained by or disclosed to the | ||||||
18 | Director or any other person in connection with such | ||||||
19 | experience materials. | ||||||
20 | (b) Privilege for and Confidentiality of Confidential | ||||||
21 | Information. | ||||||
22 | (i) Except as provided in this subsection (11), a | ||||||
23 | company's confidential information is confidential by | ||||||
24 | law and privileged, and shall not be subject to the | ||||||
25 | Freedom of Information Act, subpoena, or discovery or | ||||||
26 | admissible as evidence in any private civil action; |
| |||||||
| |||||||
1 | however, the Director is authorized to use the | ||||||
2 | confidential information in the furtherance of any | ||||||
3 | regulatory or legal action brought against the company | ||||||
4 | as a part of the Director's official duties. | ||||||
5 | (ii) Neither the Director nor any person who | ||||||
6 | received confidential information while acting under | ||||||
7 | the authority of the Director shall be permitted or | ||||||
8 | required to testify in any private civil action | ||||||
9 | concerning any confidential information. | ||||||
10 | (iii) In order to assist in the performance of the | ||||||
11 | Director's duties, the Director may share confidential | ||||||
12 | information (A) with other state, federal, and | ||||||
13 | international regulatory agencies and with the NAIC | ||||||
14 | and its affiliates and subsidiaries and (B) in the | ||||||
15 | case of confidential information specified in | ||||||
16 | subparagraphs (i) and (iv) of paragraph (a) of | ||||||
17 | subsection (11) only, with the Actuarial Board for | ||||||
18 | Counseling and Discipline or its successor upon | ||||||
19 | request stating that the confidential information is | ||||||
20 | required for the purpose of professional disciplinary | ||||||
21 | proceedings and with state, federal, and international | ||||||
22 | law enforcement officials; in the case of (A) and (B), | ||||||
23 | provided that such recipient agrees and has the legal | ||||||
24 | authority to agree, to maintain the confidentiality | ||||||
25 | and privileged status of such documents, materials, | ||||||
26 | data, and other information in the same manner and to |
| |||||||
| |||||||
1 | the same extent as required for the Director. | ||||||
2 | (iv) The Director may receive documents, | ||||||
3 | materials, data, and other information, including | ||||||
4 | otherwise confidential and privileged documents, | ||||||
5 | materials, data, or information, from the NAIC and its | ||||||
6 | affiliates and subsidiaries, from regulatory or law | ||||||
7 | enforcement officials of other foreign or domestic | ||||||
8 | jurisdictions, and from the Actuarial Board for | ||||||
9 | Counseling and Discipline or its successor and shall | ||||||
10 | maintain as confidential or privileged any document, | ||||||
11 | material, data, or other information received with | ||||||
12 | notice or the understanding that it is confidential or | ||||||
13 | privileged under the laws of the jurisdiction that is | ||||||
14 | the source of the document, material, or other | ||||||
15 | information. | ||||||
16 | (v) The Director may enter into agreements | ||||||
17 | governing the sharing and use of information | ||||||
18 | consistent with paragraph (b) of this subsection (11). | ||||||
19 | (vi) No waiver of any applicable privilege or | ||||||
20 | claim of confidentiality in the confidential | ||||||
21 | information shall occur as a result of disclosure to | ||||||
22 | the Director under this subsection (11) or as a result | ||||||
23 | of sharing as authorized in subparagraph (iii) of | ||||||
24 | paragraph (b) of this subsection (11). | ||||||
25 | (vii) A privilege established under the law of any | ||||||
26 | state or jurisdiction that is substantially similar to |
| |||||||
| |||||||
1 | the privilege established under paragraph (b) of this | ||||||
2 | subsection (11) shall be available and enforced in any | ||||||
3 | proceeding in and in any court of this State. | ||||||
4 | (viii) In this subsection (11), "regulatory | ||||||
5 | agency", "law enforcement agency", and "NAIC" include, | ||||||
6 | but are not limited to, their employees, agents, | ||||||
7 | consultants, and contractors. | ||||||
8 | (c) Notwithstanding paragraph (b) of this subsection | ||||||
9 | (11), any confidential information specified in | ||||||
10 | subparagraphs (i) and (iv) of paragraph (a) of this | ||||||
11 | subsection (11): | ||||||
12 | (i) may be subject to subpoena for the purpose of | ||||||
13 | defending an action seeking damages from the appointed | ||||||
14 | actuary submitting the related memorandum in support | ||||||
15 | of an opinion submitted under subsection (1) of this | ||||||
16 | Section or principle-based valuation report developed | ||||||
17 | under subparagraph (iii) of paragraph (b) of | ||||||
18 | subsection (9) of this Section by reason of an action | ||||||
19 | required by this Section or by regulations promulgated | ||||||
20 | under this Section; | ||||||
21 | (ii) may otherwise be released by the Director | ||||||
22 | with the written consent of the company; and | ||||||
23 | (iii) once any portion of a memorandum in support | ||||||
24 | of an opinion submitted under subsection (1) of this | ||||||
25 | Section or a principle-based valuation report | ||||||
26 | developed under subparagraph (iii) of paragraph (b) of |
| |||||||
| |||||||
1 | subsection (9) of this Section is cited by the company | ||||||
2 | in its marketing or is publicly volunteered to or | ||||||
3 | before a governmental agency other than a state | ||||||
4 | insurance department or is released by the company to | ||||||
5 | the news media, all portions of such memorandum or | ||||||
6 | report shall no longer be confidential. | ||||||
7 | (12) Exemptions. | ||||||
8 | (a) The Director may exempt specific product forms or | ||||||
9 | product lines of a domestic company that is licensed and | ||||||
10 | doing business only in Illinois from the requirements of | ||||||
11 | subsection (8) of this Section, provided that: | ||||||
12 | (i) the Director has issued an exemption in | ||||||
13 | writing to the company and has not subsequently | ||||||
14 | revoked the exemption in writing; and | ||||||
15 | (ii) the company computes reserves using | ||||||
16 | assumptions and methods used prior to the operative | ||||||
17 | date of the Valuation Manual in addition to any | ||||||
18 | requirements established by the Director and adopted | ||||||
19 | by rule. | ||||||
20 | (b) For any company granted an exemption under this | ||||||
21 | subsection, subsections (1), (2), (3), (4), (5), (6), and | ||||||
22 | (7) shall be applicable. With respect to any company | ||||||
23 | applying this exemption, any reference to subsection (8) | ||||||
24 | found in subsections (1), (2), (3), (4), (5), (6), and (7) | ||||||
25 | shall not be applicable. | ||||||
26 | (13) Definitions.
For the purposes of this Section, the |
| |||||||
| |||||||
1 | following definitions shall apply beginning on the operative | ||||||
2 | date of the Valuation Manual: | ||||||
3 | "Accident and health insurance" means contracts that | ||||||
4 | incorporate morbidity risk and provide protection against | ||||||
5 | economic loss resulting from accident, sickness, or medical | ||||||
6 | conditions and as may be specified in the Valuation Manual. | ||||||
7 | "Appointed actuary" means a qualified actuary who is | ||||||
8 | appointed in accordance with the Valuation Manual to prepare | ||||||
9 | the actuarial opinion required in paragraph (b) of subsection | ||||||
10 | (1) of this Section. | ||||||
11 | "Company" means an entity that (a) has written, issued, or | ||||||
12 | reinsured life insurance contracts, accident and health | ||||||
13 | insurance contracts, or deposit-type contracts in this State | ||||||
14 | and has at least one such policy in force or on claim or (b) | ||||||
15 | has written, issued, or reinsured life insurance contracts, | ||||||
16 | accident and health insurance contracts, or deposit-type | ||||||
17 | contracts in any state and is required to hold a certificate of | ||||||
18 | authority to write life insurance, accident and health | ||||||
19 | insurance, or deposit-type contracts in this State. | ||||||
20 | "Deposit-type contract" means contracts that do not | ||||||
21 | incorporate mortality or morbidity risks and as may be | ||||||
22 | specified in the Valuation Manual. | ||||||
23 | "Life insurance" means contracts that incorporate | ||||||
24 | mortality risk, including annuity and pure endowment | ||||||
25 | contracts, and as may be specified in the Valuation Manual. | ||||||
26 | "NAIC" means the National Association of Insurance |
| |||||||
| |||||||
1 | Commissioners. | ||||||
2 | "Policyholder behavior" means any action a policyholder, | ||||||
3 | contract holder, or any other person with the right to elect | ||||||
4 | options, such as a certificate holder, may take under a policy | ||||||
5 | or contract subject to this Section including, but not limited | ||||||
6 | to, lapse, withdrawal, transfer, deposit, premium payment, | ||||||
7 | loan, annuitization, or benefit elections prescribed by the | ||||||
8 | policy or contract, but excluding events of mortality or | ||||||
9 | morbidity that result in benefits prescribed in their | ||||||
10 | essential aspects by the terms of the policy or contract. | ||||||
11 | "Principle-based valuation" means a reserve valuation that | ||||||
12 | uses one or more methods or one or more assumptions determined | ||||||
13 | by the insurer and is required to comply with subsection (9) of | ||||||
14 | this Section as specified in the Valuation Manual. | ||||||
15 | "Qualified actuary" means an individual who is qualified | ||||||
16 | to sign the applicable statement of actuarial opinion in | ||||||
17 | accordance with the American Academy of Actuaries | ||||||
18 | qualification standards for actuaries signing such statements | ||||||
19 | and who meets the requirements specified in the Valuation | ||||||
20 | Manual. | ||||||
21 | "Tail risk" means a risk that occurs either where the | ||||||
22 | frequency of low probability events is higher than expected | ||||||
23 | under a normal probability distribution or where there are | ||||||
24 | observed events of very significant size or magnitude. | ||||||
25 | "Valuation Manual" means the manual of valuation | ||||||
26 | instructions adopted by the NAIC as specified in this Section |
| |||||||
| |||||||
1 | or as subsequently amended. | ||||||
2 | (Source: P.A. 99-162, eff. 1-1-16 .)
| ||||||
3 | (215 ILCS 5/241) (from Ch. 73, par. 853)
| ||||||
4 | Sec. 241.
Trust
settlements.
| ||||||
5 | Any domestic life company shall have the power to hold the | ||||||
6 | proceeds of
any policy issued by it under a trust or other | ||||||
7 | agreement upon such terms
and restrictions as to revocation by | ||||||
8 | the policyholder and control by
beneficiaries, and with such | ||||||
9 | exemptions from the claims of creditors of
beneficiaries other | ||||||
10 | than the policyholder as shall have been agreed to in
writing | ||||||
11 | by such company and the policyholder. Upon maturity of a | ||||||
12 | policy in
the event the policyholder has made no such | ||||||
13 | agreement, the company shall
have power to hold the proceeds | ||||||
14 | of the policy under an agreement with the
beneficiaries. Such | ||||||
15 | company shall not be required to segregate funds so
held but | ||||||
16 | may hold them as part of its general company assets. A foreign | ||||||
17 | or non-domestic
alien company, when authorized by its charter | ||||||
18 | or the laws of its domicile,
may exercise any such powers in | ||||||
19 | this State.
| ||||||
20 | (Source: Laws 1937, p. 696.)
| ||||||
21 | (215 ILCS 5/292.1) (from Ch. 73, par. 904.1)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
23 | Sec. 292.1. Amendments to Laws. | ||||||
24 | (a) A domestic society may amend its laws in
accordance |
| |||||||
| |||||||
1 | with the provisions thereof by action of its supreme governing | ||||||
2 | body
at any regular or special meeting thereof or, if its laws | ||||||
3 | so provide, by
referendum. Such referendum may be held in | ||||||
4 | accordance with the provisions
of its laws by the vote of the | ||||||
5 | voting members of the society, by the vote
of delegates or | ||||||
6 | representatives of voting members or by the vote of local
| ||||||
7 | lodges. A society may provide for voting by mail. No amendment | ||||||
8 | submitted for
adoption by referendum shall be adopted unless, | ||||||
9 | within 6 months from the
date of submission thereof, a | ||||||
10 | majority of the members voting shall have
signified their | ||||||
11 | consent to such amendment by one of the methods herein
| ||||||
12 | specified.
| ||||||
13 | (b) No amendment to the laws of any domestic society shall
| ||||||
14 | take effect unless approved by the Director, who shall approve | ||||||
15 | such
amendment if the Director finds that it has been duly | ||||||
16 | adopted and is not
inconsistent with any requirement of the | ||||||
17 | laws of this State or with the
character, objects and purposes | ||||||
18 | of the society. Unless the Director shall
disapprove any such | ||||||
19 | amendment within 60 days after the filing of same,
such | ||||||
20 | amendment shall be considered approved. The approval or | ||||||
21 | disapproval of
the Director shall be in writing and mailed to
| ||||||
22 | the society. In case the
Director disapproves such amendment, | ||||||
23 | the reasons therefor shall be stated
in such written notice.
| ||||||
24 | (c) Within 90 days from the approval thereof by the | ||||||
25 | Director, all
such amendments, or a synopsis thereof, shall be | ||||||
26 | furnished to all members
of the society either by mail or by |
| |||||||
| |||||||
1 | publication in full in the official
publication of the | ||||||
2 | society. The affidavit of any officer of the society or
of | ||||||
3 | anyone authorized by it to mail any amendments or synopsis | ||||||
4 | thereof,
stating facts which show that same have been duly | ||||||
5 | addressed and mailed,
shall be prima facie evidence that such | ||||||
6 | amendments, or a synopsis thereof,
have been furnished the | ||||||
7 | addressee.
| ||||||
8 | (d) Every foreign or non-domestic alien society authorized | ||||||
9 | to do business in this
State shall file with the Director a | ||||||
10 | certified copy of all amendments of, or
additions to, its laws | ||||||
11 | within 90 days after the enactment of same.
| ||||||
12 | (e) Printed copies of the laws as amended, certified by | ||||||
13 | the secretary or
corresponding officer of the society, shall | ||||||
14 | be prima facie evidence of the
legal adoption thereof.
| ||||||
15 | (Source: P.A. 84-303 .)
| ||||||
16 | (215 ILCS 5/302.1) (from Ch. 73, par. 914.1)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
18 | Sec. 302.1. Investments and admitted assets. A domestic | ||||||
19 | society shall
invest its funds only in such investments as are | ||||||
20 | authorized by the laws of
this State for the investment of | ||||||
21 | assets of life insurers and subject to the
limitations | ||||||
22 | thereon. Any foreign or non-domestic alien society permitted | ||||||
23 | or seeking to
do business in this State which invests its funds | ||||||
24 | in accordance with the
laws of the state, district, territory, | ||||||
25 | country or province in which it is
incorporated shall be held |
| |||||||
| |||||||
1 | to meet the requirements of this Section for
the investment of | ||||||
2 | funds. Admitted assets in addition to investments
authorized | ||||||
3 | by this Section and Article VIII and Article VIII 1/2 of this
| ||||||
4 | Code shall be in accordance with Section 3.1 of this Code.
| ||||||
5 | (Source: P.A. 84-303 .)
| ||||||
6 | (215 ILCS 5/308.1) (from Ch. 73, par. 920.1)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
8 | Sec. 308.1. Examination of societies - adverse | ||||||
9 | publications. | ||||||
10 | (a) The
Director, or any person he or she may appoint, may | ||||||
11 | examine any domestic,
foreign or non-domestic alien society | ||||||
12 | transacting or applying for admission to transact
business in | ||||||
13 | this State in the same manner as authorized for examination of
| ||||||
14 | domestic, foreign or non-domestic alien insurance companies. | ||||||
15 | Requirements of notice and
an opportunity to respond before | ||||||
16 | findings are made public as provided in
the laws regulating | ||||||
17 | insurance companies shall also be applicable to the
| ||||||
18 | examination of societies.
| ||||||
19 | (b) The expense of each examination and of each valuation, | ||||||
20 | including
compensation and actual expense of examiners, shall | ||||||
21 | be paid by the society
examined or whose certificates are | ||||||
22 | valued, upon statements furnished by the Director.
| ||||||
23 | (Source: P.A. 84-303 .)
| ||||||
24 | (215 ILCS 5/309.1) (from Ch. 73, par. 921.1)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
2 | Sec. 309.1. Foreign or non-domestic alien society - | ||||||
3 | admission. No foreign or non-domestic alien
society shall | ||||||
4 | transact business in this State without a certificate of
| ||||||
5 | authority issued by the Director in accordance with Article VI | ||||||
6 | of this
Code. Any such society desiring admission to this | ||||||
7 | State shall comply
substantially with the requirements and | ||||||
8 | limitations of this amendatory Act
applicable to domestic | ||||||
9 | societies.
| ||||||
10 | (Source: P.A. 84-303 .)
| ||||||
11 | (215 ILCS 5/310.1) (from Ch. 73, par. 922.1)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
13 | Sec. 310.1. Suspension, revocation or refusal to renew | ||||||
14 | certificate of
authority. | ||||||
15 | (a) Domestic Societies. When, upon investigation, the | ||||||
16 | Director
is satisfied that any domestic society transacting | ||||||
17 | business under this
amendatory Act has exceeded its powers or | ||||||
18 | has failed to comply with any
provisions of this amendatory | ||||||
19 | Act or is conducting business fraudulently or in
a
way | ||||||
20 | hazardous to its members, creditors or the public or is not | ||||||
21 | carrying
out its contracts in good faith, the Director shall | ||||||
22 | notify the society of
his or her findings, stating in writing | ||||||
23 | the grounds of his or her
dissatisfaction, and, after | ||||||
24 | reasonable notice, require the society on a date
named to show | ||||||
25 | cause why its certificate of authority should not be revoked
|
| |||||||
| |||||||
1 | or suspended or why such society should not be fined as | ||||||
2 | hereinafter
provided or why the Director should not proceed | ||||||
3 | against the society under
Article XIII of this Code. If, on the | ||||||
4 | date named in said notice, such
objections have not been | ||||||
5 | removed to the satisfaction of the Director
or if the society | ||||||
6 | does not present good and sufficient reasons why its
authority | ||||||
7 | to transact business in this State should not at that time be
| ||||||
8 | revoked or suspended or why such society should not be fined as
| ||||||
9 | hereinafter provided, the Director may revoke the authority of | ||||||
10 | the society to
continue business in this State and proceed | ||||||
11 | against the society under
Article XIII of this Code or suspend | ||||||
12 | such certificate of authority for any
period of time up to, but | ||||||
13 | not to exceed, 2 years; or may by order require
such society to | ||||||
14 | pay to the people of the State of Illinois a penalty in a
sum | ||||||
15 | not exceeding $10,000, and, upon the failure of such
society | ||||||
16 | to pay such penalty within 20 days after the mailing of such
| ||||||
17 | order, postage prepaid, registered and addressed to the last | ||||||
18 | known place
of business of such society, unless such order is | ||||||
19 | stayed by an order of a
court of competent jurisdiction, the | ||||||
20 | Director may revoke or suspend the
license of such society for | ||||||
21 | any period of time up to, but not exceeding, a
period of 2 | ||||||
22 | years.
| ||||||
23 | (b) Foreign or non-domestic alien societies. The Director | ||||||
24 | shall suspend, revoke or
refuse to renew certificates of | ||||||
25 | authority in accordance with Article VI of this
Code.
| ||||||
26 | (Source: P.A. 93-32, eff. 7-1-03 .)
|
| |||||||
| |||||||
1 | (215 ILCS 5/357.29) (from Ch. 73, par. 969.29)
| ||||||
2 | Sec. 357.29.
Any policy of a foreign or non-domestic alien | ||||||
3 | company, when delivered or
issued for delivery to any person | ||||||
4 | in this State, may contain any provision
which is not less | ||||||
5 | favorable to the insured or the beneficiary than the
| ||||||
6 | provisions of this article and which is prescribed or required | ||||||
7 | by the law
of the state under which the company is organized.
| ||||||
8 | Any policy of a domestic company may, when issued for | ||||||
9 | delivery in any
other state or country, contain any provision | ||||||
10 | permitted or required by the
laws of such other state or | ||||||
11 | country.
| ||||||
12 | (Source: Laws 1967, p. 1735.)
| ||||||
13 | (215 ILCS 5/370) (from Ch. 73, par. 982)
| ||||||
14 | Sec. 370.
Policies
issued in violation of article-Penalty.
| ||||||
15 | (1) Any company, or any officer or agent thereof, issuing | ||||||
16 | or delivering
to any person in this State any policy in wilful | ||||||
17 | violation of the provision
of this article shall be guilty of a | ||||||
18 | petty offense.
| ||||||
19 | (2) The Director may revoke the license of any foreign or | ||||||
20 | non-domestic alien company,
or of the agent thereof wilfully | ||||||
21 | violating any provision of this article or
suspend such | ||||||
22 | license for any period of time up to, but not to exceed, two
| ||||||
23 | years; or may by order require such insurance company or agent | ||||||
24 | to pay to
the people of the State of Illinois a penalty in a |
| |||||||
| |||||||
1 | sum not exceeding $1,000,
and upon the failure of such | ||||||
2 | insurance company or agent to
pay such penalty within twenty | ||||||
3 | days after the mailing of such order,
postage prepaid, | ||||||
4 | registered, and addressed to the last known place of
business | ||||||
5 | of such insurance company or agent, unless such order is | ||||||
6 | stayed by
an order of a court of competent jurisdiction, the | ||||||
7 | Director of Insurance
may revoke or suspend the license of | ||||||
8 | such insurance company or agent for
any period of time up to, | ||||||
9 | but not exceeding a period of, two years.
| ||||||
10 | (Source: P.A. 93-32, eff. 7-1-03.)
| ||||||
11 | (215 ILCS 5/404) (from Ch. 73, par. 1016)
| ||||||
12 | Sec. 404. Office of Director; a public office; destruction | ||||||
13 | or
disposal of records, papers, documents, and memoranda. | ||||||
14 | (1)(a) The office of the Director shall be a public office | ||||||
15 | and the
records,
books, and papers thereof on file
therein, | ||||||
16 | except those records
or documents containing or disclosing any | ||||||
17 | analysis, opinion, calculation,
ratio, recommendation, advice, | ||||||
18 | viewpoint, or estimation by any Department staff
regarding the | ||||||
19 | financial or market condition of an insurer not otherwise made
| ||||||
20 | part of the public record by the Director,
shall be accessible | ||||||
21 | to the
inspection of the public, except as the Director, for | ||||||
22 | good reason, may
decide otherwise, or except as may be | ||||||
23 | otherwise provided in this Code or as otherwise provided in | ||||||
24 | Section 7 of the Freedom of Information Act.
| ||||||
25 | (b) Except where another provision of this Code expressly |
| |||||||
| |||||||
1 | prohibits a
disclosure of confidential information to the | ||||||
2 | specific officials or
organizations described in this | ||||||
3 | subsection, the Director may disclose or share
any | ||||||
4 | confidential records or information in his custody and control | ||||||
5 | with any
insurance regulatory officials of any state or | ||||||
6 | country, with the law
enforcement officials of this State, any | ||||||
7 | other state, or the federal
government, or with the National | ||||||
8 | Association of Insurance Commissioners, upon
the written | ||||||
9 | agreement of the official or organization receiving the | ||||||
10 | information
to hold the information or records confidential | ||||||
11 | and in a manner consistent with
this Code.
| ||||||
12 | (c) The Director shall maintain as confidential any | ||||||
13 | records or
information received from the National Association | ||||||
14 | of Insurance Commissioners
or insurance regulatory officials | ||||||
15 | of other states which is confidential in that
other | ||||||
16 | jurisdiction.
| ||||||
17 | (2) Upon the filing of the examination to which they | ||||||
18 | relate, the Director
is authorized to destroy or otherwise | ||||||
19 | dispose of all working papers relative
to any company which | ||||||
20 | has been examined at any time prior to that last
examination by | ||||||
21 | the Department, so that in such circumstances only current
| ||||||
22 | working papers of that last examination may be retained by the | ||||||
23 | Department.
| ||||||
24 | (3) Five years after the conclusion of the transactions to
| ||||||
25 | which they relate, the Director is authorized to destroy or | ||||||
26 | otherwise
dispose of all books, records, papers, memoranda and |
| |||||||
| |||||||
1 | correspondence
directly related to consumer complaints or | ||||||
2 | inquiries.
| ||||||
3 | (4) Two years after the conclusion of the transactions to | ||||||
4 | which they
relate, the Director is authorized to destroy or | ||||||
5 | otherwise dispose of all
books, records, papers, memoranda, | ||||||
6 | and correspondence directly related to
all void, obsolete, or | ||||||
7 | superseded rate filings and schedules required to be
filed by | ||||||
8 | statute; and all individual company rating experience data and | ||||||
9 | all
records, papers, documents and memoranda in the possession | ||||||
10 | of the Director
relating thereto.
| ||||||
11 | (5) Five years after the conclusion of the transactions to | ||||||
12 | which
they relate, the Director is authorized to destroy or | ||||||
13 | otherwise dispose
of all examination reports of companies made | ||||||
14 | by the insurance supervisory
officials of states other than | ||||||
15 | Illinois; applications, requisitions, and
requests for | ||||||
16 | licenses; all records of hearings; and all similar records,
| ||||||
17 | papers, documents, and memoranda in the possession of the | ||||||
18 | Director.
| ||||||
19 | (6) Ten years after the conclusion of the transactions to | ||||||
20 | which they
relate, the Director is authorized to destroy or | ||||||
21 | otherwise dispose of all
official correspondence of foreign | ||||||
22 | and non-domestic alien companies, all foreign
companies' and | ||||||
23 | non-domestic alien companies' annual statements, valuation | ||||||
24 | reports, tax
reports, and all similar records, papers, | ||||||
25 | documents and memoranda in the
possession of the Director.
| ||||||
26 | (7) Whenever any records, papers, documents or memoranda |
| |||||||
| |||||||
1 | are
destroyed or otherwise disposed of pursuant to the | ||||||
2 | provisions of this
section, the Director shall execute and | ||||||
3 | file in a separate, permanent
office file a certificate | ||||||
4 | listing and setting forth by summary
description the records, | ||||||
5 | papers, documents or memoranda so destroyed or
otherwise | ||||||
6 | disposed of, and the Director may, in his discretion, preserve
| ||||||
7 | copies of any such records, papers, documents or memoranda by | ||||||
8 | means of
microfilming or photographing the same.
| ||||||
9 | (8) This Section shall apply to records, papers, | ||||||
10 | documents, and
memoranda presently in the possession of the | ||||||
11 | Director as well as to
records, papers, documents, and | ||||||
12 | memoranda hereafter coming into his
possession.
| ||||||
13 | (Source: P.A. 97-1004, eff. 8-17-12.)
| ||||||
14 | (215 ILCS 5/408) (from Ch. 73, par. 1020)
| ||||||
15 | Sec. 408. Fees and charges.
| ||||||
16 | (1) The Director shall charge, collect and
give proper | ||||||
17 | acquittances for the payment of the following fees and | ||||||
18 | charges:
| ||||||
19 | (a) For filing all documents submitted for the | ||||||
20 | incorporation or
organization or certification of a | ||||||
21 | domestic company, except for a fraternal
benefit society, | ||||||
22 | $2,000.
| ||||||
23 | (b) For filing all documents submitted for the | ||||||
24 | incorporation or
organization of a fraternal benefit | ||||||
25 | society, $500.
|
| |||||||
| |||||||
1 | (c) For filing amendments to articles of incorporation | ||||||
2 | and amendments to
declaration of organization, except for | ||||||
3 | a fraternal benefit society, a
mutual benefit association, | ||||||
4 | a burial society or a farm mutual, $200.
| ||||||
5 | (d) For filing amendments to articles of incorporation | ||||||
6 | of a fraternal
benefit society, a mutual benefit | ||||||
7 | association or a burial society, $100.
| ||||||
8 | (e) For filing amendments to articles of incorporation | ||||||
9 | of a farm mutual,
$50.
| ||||||
10 | (f) For filing bylaws or amendments thereto, $50.
| ||||||
11 | (g) For filing agreement of merger or consolidation:
| ||||||
12 | (i) for a domestic company, except
for a fraternal | ||||||
13 | benefit society, a
mutual benefit association, a | ||||||
14 | burial society,
or a farm mutual, $2,000.
| ||||||
15 | (ii) for a foreign or non-domestic
alien company, | ||||||
16 | except for a fraternal
benefit society, $600.
| ||||||
17 | (iii) for a fraternal benefit society,
a mutual | ||||||
18 | benefit association, a burial society,
or a farm | ||||||
19 | mutual, $200.
| ||||||
20 | (h) For filing agreements of reinsurance by a domestic | ||||||
21 | company, $200.
| ||||||
22 | (i) For filing all documents submitted by a foreign or | ||||||
23 | non-domestic alien
company to be admitted to transact | ||||||
24 | business or accredited as a
reinsurer in this State, | ||||||
25 | except for a
fraternal benefit society, $5,000.
| ||||||
26 | (j) For filing all documents submitted by a foreign or |
| |||||||
| |||||||
1 | non-domestic alien
fraternal benefit society to be | ||||||
2 | admitted to transact business
in this State, $500.
| ||||||
3 | (k) For filing declaration of withdrawal of a foreign | ||||||
4 | or non-domestic
alien company, $50.
| ||||||
5 | (l) For filing annual statement by a domestic company, | ||||||
6 | except a fraternal benefit
society, a mutual benefit | ||||||
7 | association, a burial society, or
a farm mutual, $200.
| ||||||
8 | (m) For filing annual statement by a domestic | ||||||
9 | fraternal benefit
society, $100.
| ||||||
10 | (n) For filing annual statement by a farm mutual, a | ||||||
11 | mutual benefit
association, or a burial society, $50.
| ||||||
12 | (o) For issuing a certificate of authority or
renewal | ||||||
13 | thereof except to a foreign fraternal benefit society, | ||||||
14 | $400.
| ||||||
15 | (p) For issuing a certificate of authority or renewal | ||||||
16 | thereof to a foreign
fraternal benefit society, $200.
| ||||||
17 | (q) For issuing an amended certificate of authority, | ||||||
18 | $50.
| ||||||
19 | (r) For each certified copy of certificate of | ||||||
20 | authority, $20.
| ||||||
21 | (s) For each certificate of deposit, or valuation, or | ||||||
22 | compliance
or surety certificate, $20.
| ||||||
23 | (t) For copies of papers or records per page, $1.
| ||||||
24 | (u) For each certification to copies
of papers or | ||||||
25 | records, $10.
| ||||||
26 | (v) For multiple copies of documents or certificates |
| |||||||
| |||||||
1 | listed in
subparagraphs (r), (s), and (u) of paragraph (1) | ||||||
2 | of this Section, $10 for
the first copy of a certificate of | ||||||
3 | any type and $5 for each additional copy
of the same | ||||||
4 | certificate requested at the same time, unless, pursuant | ||||||
5 | to
paragraph (2) of this Section, the Director finds these | ||||||
6 | additional fees
excessive.
| ||||||
7 | (w) For issuing a permit to sell shares or increase | ||||||
8 | paid-up
capital:
| ||||||
9 | (i) in connection with a public stock offering, | ||||||
10 | $300;
| ||||||
11 | (ii) in any other case, $100.
| ||||||
12 | (x) For issuing any other certificate required or | ||||||
13 | permissible
under the law, $50.
| ||||||
14 | (y) For filing a plan of exchange of the stock of a | ||||||
15 | domestic
stock insurance company, a plan of | ||||||
16 | demutualization of a domestic
mutual company, or a plan of | ||||||
17 | reorganization under Article XII, $2,000.
| ||||||
18 | (z) For filing a statement of acquisition of a
| ||||||
19 | domestic company as defined in Section 131.4 of this Code, | ||||||
20 | $2,000.
| ||||||
21 | (aa) For filing an agreement to purchase the business | ||||||
22 | of an
organization authorized under the Dental Service | ||||||
23 | Plan Act
or the Voluntary Health Services Plans Act or
of a | ||||||
24 | health maintenance
organization or a limited health | ||||||
25 | service organization, $2,000.
| ||||||
26 | (bb) For filing a statement of acquisition of a |
| |||||||
| |||||||
1 | foreign or non-domestic alien
insurance company as defined | ||||||
2 | in Section 131.12a of this Code, $1,000.
| ||||||
3 | (cc) For filing a registration statement as required | ||||||
4 | in Sections 131.13
and 131.14, the notification as | ||||||
5 | required by Sections 131.16,
131.20a, or 141.4, or an
| ||||||
6 | agreement or transaction required by Sections 124.2(2), | ||||||
7 | 141, 141a, or
141.1, $200.
| ||||||
8 | (dd) For filing an application for licensing of:
| ||||||
9 | (i) a religious or charitable risk pooling trust | ||||||
10 | or a workers'
compensation pool, $1,000;
| ||||||
11 | (ii) a workers' compensation service company, | ||||||
12 | $500;
| ||||||
13 | (iii) a self-insured automobile fleet, $200; or
| ||||||
14 | (iv) a renewal of or amendment of any license | ||||||
15 | issued pursuant to (i),
(ii), or (iii) above, $100.
| ||||||
16 | (ee) For filing articles of incorporation for a | ||||||
17 | syndicate to engage in
the business of insurance through | ||||||
18 | the Illinois Insurance Exchange, $2,000.
| ||||||
19 | (ff) For filing amended articles of incorporation for | ||||||
20 | a syndicate engaged
in the business of insurance through | ||||||
21 | the Illinois Insurance Exchange, $100.
| ||||||
22 | (gg) For filing articles of incorporation for a | ||||||
23 | limited syndicate to
join with other subscribers or | ||||||
24 | limited syndicates to do business through
the Illinois | ||||||
25 | Insurance Exchange, $1,000.
| ||||||
26 | (hh) For filing amended articles of incorporation for |
| |||||||
| |||||||
1 | a limited
syndicate to do business through the Illinois | ||||||
2 | Insurance Exchange, $100.
| ||||||
3 | (ii) For a permit to solicit subscriptions to a | ||||||
4 | syndicate
or limited syndicate, $100.
| ||||||
5 | (jj) For the filing of each form as required in | ||||||
6 | Section 143 of this
Code, $50 per form. The fee for | ||||||
7 | advisory and rating
organizations shall be $200 per form.
| ||||||
8 | (i) For the purposes of the form filing fee, | ||||||
9 | filings made on insert page
basis will be considered | ||||||
10 | one form at the time of its original submission.
| ||||||
11 | Changes made to a form subsequent to its approval | ||||||
12 | shall be considered a
new filing.
| ||||||
13 | (ii) Only one fee shall be charged for a form, | ||||||
14 | regardless of the number
of other forms or policies | ||||||
15 | with which it will be used.
| ||||||
16 | (iii) Fees charged for a policy filed as it will be | ||||||
17 | issued regardless of the number of forms comprising | ||||||
18 | that policy shall not exceed $1,500. For advisory or | ||||||
19 | rating organizations, fees charged for a policy filed | ||||||
20 | as it will be issued regardless of the number of forms | ||||||
21 | comprising that policy shall not exceed $2,500.
| ||||||
22 | (iv) The Director may by rule exempt forms from | ||||||
23 | such fees.
| ||||||
24 | (kk) For filing an application for licensing of a | ||||||
25 | reinsurance
intermediary, $500.
| ||||||
26 | (ll) For filing an application for renewal of a |
| |||||||
| |||||||
1 | license of a reinsurance
intermediary, $200.
| ||||||
2 | (2) When printed copies or numerous copies of the same | ||||||
3 | paper or records
are furnished or certified, the Director may | ||||||
4 | reduce such fees for copies
if he finds them excessive. He may, | ||||||
5 | when he considers it in the public
interest, furnish without | ||||||
6 | charge to state insurance departments and persons
other than | ||||||
7 | companies, copies or certified copies of reports of | ||||||
8 | examinations
and of other papers and records.
| ||||||
9 | (3) The expenses incurred in any performance
examination | ||||||
10 | authorized by law shall be paid by the company or person being
| ||||||
11 | examined. The charge shall be reasonably related to the cost | ||||||
12 | of the
examination including but not limited to compensation | ||||||
13 | of examiners,
electronic data processing costs, supervision | ||||||
14 | and preparation of an
examination report and lodging and | ||||||
15 | travel expenses.
All lodging and travel expenses shall be in | ||||||
16 | accord
with the applicable travel regulations as published by | ||||||
17 | the Department of
Central Management Services and approved by | ||||||
18 | the Governor's Travel Control
Board, except that out-of-state | ||||||
19 | lodging and travel expenses related to
examinations authorized | ||||||
20 | under Section 132 shall be in accordance with
travel rates | ||||||
21 | prescribed under paragraph 301-7.2 of the Federal Travel
| ||||||
22 | Regulations, 41 C.F.R. 301-7.2, for reimbursement of | ||||||
23 | subsistence expenses
incurred during official travel. All | ||||||
24 | lodging and travel expenses may be reimbursed directly upon | ||||||
25 | authorization of the
Director. With the exception of the
| ||||||
26 | direct reimbursements authorized by the
Director, all |
| |||||||
| |||||||
1 | performance examination charges collected by the
Department | ||||||
2 | shall be paid
to the Insurance Producer Administration Fund,
| ||||||
3 | however, the electronic data processing costs
incurred by the | ||||||
4 | Department in the performance of any examination shall be
| ||||||
5 | billed directly to the company being examined for payment to | ||||||
6 | the Technology Management
Revolving Fund.
| ||||||
7 | (4) At the time of any service of process on the Director
| ||||||
8 | as attorney for such service, the Director shall charge and | ||||||
9 | collect the
sum of $20, which may be recovered as taxable costs | ||||||
10 | by
the party to the suit or action causing such service to be | ||||||
11 | made if he prevails
in such suit or action.
| ||||||
12 | (5) (a) The costs incurred by the Department of Insurance
| ||||||
13 | in conducting any hearing authorized by law shall be assessed | ||||||
14 | against the
parties to the hearing in such proportion as the | ||||||
15 | Director of Insurance may
determine upon consideration of all | ||||||
16 | relevant circumstances including: (1)
the nature of the | ||||||
17 | hearing; (2) whether the hearing was instigated by, or
for the | ||||||
18 | benefit of a particular party or parties; (3) whether there is | ||||||
19 | a
successful party on the merits of the proceeding; and (4) the | ||||||
20 | relative levels
of participation by the parties.
| ||||||
21 | (b) For purposes of this subsection (5) costs incurred | ||||||
22 | shall
mean the hearing officer fees, court reporter fees, and | ||||||
23 | travel expenses
of Department of Insurance officers and | ||||||
24 | employees; provided however, that
costs incurred shall not | ||||||
25 | include hearing officer fees or court reporter
fees unless the | ||||||
26 | Department has retained the services of independent
|
| |||||||
| |||||||
1 | contractors or outside experts to perform such functions.
| ||||||
2 | (c) The Director shall make the assessment of costs | ||||||
3 | incurred as part of
the final order or decision arising out of | ||||||
4 | the proceeding; provided, however,
that such order or decision | ||||||
5 | shall include findings and conclusions in support
of the | ||||||
6 | assessment of costs. This subsection (5) shall not be | ||||||
7 | construed as
permitting the payment of travel expenses unless | ||||||
8 | calculated in accordance
with the applicable travel | ||||||
9 | regulations of the Department
of Central Management Services, | ||||||
10 | as approved by the Governor's Travel Control
Board. The | ||||||
11 | Director as part of such order or decision shall require all
| ||||||
12 | assessments for hearing officer fees and court reporter fees, | ||||||
13 | if any, to
be paid directly to the hearing officer or court | ||||||
14 | reporter by the party(s)
assessed for such costs. The | ||||||
15 | assessments for travel expenses of Department
officers and | ||||||
16 | employees shall be reimbursable to the
Director of Insurance | ||||||
17 | for
deposit to the fund out of which those expenses had been | ||||||
18 | paid.
| ||||||
19 | (d) The provisions of this subsection (5) shall apply in | ||||||
20 | the case of any
hearing conducted by the Director of Insurance | ||||||
21 | not otherwise specifically
provided for by law.
| ||||||
22 | (6) The Director shall charge and collect an annual | ||||||
23 | financial
regulation fee from every domestic company for | ||||||
24 | examination and analysis of
its financial condition and to | ||||||
25 | fund the internal costs and expenses of the
Interstate | ||||||
26 | Insurance Receivership Commission as may be allocated to the |
| |||||||
| |||||||
1 | State
of Illinois and companies doing an insurance business in | ||||||
2 | this State pursuant to
Article X of the Interstate Insurance | ||||||
3 | Receivership Compact. The fee shall be
the greater fixed | ||||||
4 | amount based upon
the combination of nationwide direct premium | ||||||
5 | income and
nationwide reinsurance
assumed premium
income or | ||||||
6 | upon admitted assets calculated under this subsection as | ||||||
7 | follows:
| ||||||
8 | (a) Combination of nationwide direct premium income | ||||||
9 | and
nationwide reinsurance assumed premium.
| ||||||
10 | (i) $150, if the premium is less than $500,000 and | ||||||
11 | there is
no
reinsurance assumed premium;
| ||||||
12 | (ii) $750, if the premium is $500,000 or more, but | ||||||
13 | less
than $5,000,000
and there is no reinsurance | ||||||
14 | assumed premium; or if the premium is less than
| ||||||
15 | $5,000,000 and the reinsurance assumed premium is less | ||||||
16 | than $10,000,000;
| ||||||
17 | (iii) $3,750, if the premium is less than | ||||||
18 | $5,000,000 and
the reinsurance
assumed premium is | ||||||
19 | $10,000,000 or more;
| ||||||
20 | (iv) $7,500, if the premium is $5,000,000 or more, | ||||||
21 | but
less than
$10,000,000;
| ||||||
22 | (v) $18,000, if the premium is $10,000,000 or | ||||||
23 | more, but
less than $25,000,000;
| ||||||
24 | (vi) $22,500, if the premium is $25,000,000 or | ||||||
25 | more, but
less
than $50,000,000;
| ||||||
26 | (vii) $30,000, if the premium is $50,000,000 or |
| |||||||
| |||||||
1 | more,
but less than $100,000,000;
| ||||||
2 | (viii) $37,500, if the premium is $100,000,000 or | ||||||
3 | more.
| ||||||
4 | (b) Admitted assets.
| ||||||
5 | (i) $150, if admitted assets are less than | ||||||
6 | $1,000,000;
| ||||||
7 | (ii) $750, if admitted assets are $1,000,000 or | ||||||
8 | more, but
less than
$5,000,000;
| ||||||
9 | (iii) $3,750, if admitted assets are $5,000,000 or | ||||||
10 | more,
but less than
$25,000,000;
| ||||||
11 | (iv) $7,500, if admitted assets are $25,000,000 or | ||||||
12 | more,
but less than
$50,000,000;
| ||||||
13 | (v) $18,000, if admitted assets are $50,000,000 or | ||||||
14 | more,
but less than
$100,000,000;
| ||||||
15 | (vi) $22,500, if admitted assets are $100,000,000 | ||||||
16 | or
more, but less
than $500,000,000;
| ||||||
17 | (vii) $30,000, if admitted assets are $500,000,000 | ||||||
18 | or
more, but less
than $1,000,000,000;
| ||||||
19 | (viii) $37,500, if admitted assets are | ||||||
20 | $1,000,000,000
or more.
| ||||||
21 | (c) The sum of financial regulation fees charged to | ||||||
22 | the domestic
companies of the same affiliated group shall | ||||||
23 | not exceed $250,000
in the aggregate in any single year | ||||||
24 | and shall be billed by the Director to
the member company | ||||||
25 | designated by the
group.
| ||||||
26 | (7) The Director shall charge and collect an annual |
| |||||||
| |||||||
1 | financial regulation
fee from every foreign or non-domestic | ||||||
2 | alien company, except fraternal benefit
societies, for the
| ||||||
3 | examination and analysis of its financial condition and to | ||||||
4 | fund the internal
costs and expenses of the Interstate | ||||||
5 | Insurance Receivership Commission as may
be allocated to the | ||||||
6 | State of Illinois and companies doing an insurance business
in | ||||||
7 | this State pursuant to Article X of the Interstate Insurance | ||||||
8 | Receivership
Compact.
The fee shall be a fixed amount based | ||||||
9 | upon Illinois direct premium income
and nationwide reinsurance | ||||||
10 | assumed premium income in accordance with the
following | ||||||
11 | schedule:
| ||||||
12 | (a) $150, if the premium is less than $500,000 and | ||||||
13 | there is
no
reinsurance assumed premium;
| ||||||
14 | (b) $750, if the premium is $500,000 or more, but less | ||||||
15 | than
$5,000,000
and there is no reinsurance assumed | ||||||
16 | premium;
or if the premium is less than $5,000,000 and the | ||||||
17 | reinsurance assumed
premium is less than $10,000,000;
| ||||||
18 | (c) $3,750, if the premium is less than $5,000,000 and | ||||||
19 | the
reinsurance
assumed premium is $10,000,000 or more;
| ||||||
20 | (d) $7,500, if the premium is $5,000,000 or more, but | ||||||
21 | less
than
$10,000,000;
| ||||||
22 | (e) $18,000, if the premium is $10,000,000 or more, | ||||||
23 | but
less than
$25,000,000;
| ||||||
24 | (f) $22,500, if the premium is $25,000,000 or more, | ||||||
25 | but
less than
$50,000,000;
| ||||||
26 | (g) $30,000, if the premium is $50,000,000 or more, |
| |||||||
| |||||||
1 | but
less than
$100,000,000;
| ||||||
2 | (h) $37,500, if the premium is $100,000,000 or more.
| ||||||
3 | The sum of financial regulation fees under this subsection | ||||||
4 | (7)
charged to the foreign or non-domestic alien companies | ||||||
5 | within the same affiliated group
shall not exceed $250,000 in | ||||||
6 | the aggregate in any single year
and shall be
billed by the | ||||||
7 | Director to the member company designated by the group.
| ||||||
8 | (8) Beginning January 1, 1992, the financial regulation | ||||||
9 | fees imposed
under subsections (6) and (7)
of this Section | ||||||
10 | shall be paid by each company or domestic affiliated group
| ||||||
11 | annually. After January
1, 1994, the fee shall be billed by | ||||||
12 | Department invoice
based upon the company's
premium income or | ||||||
13 | admitted assets as shown in its annual statement for the
| ||||||
14 | preceding calendar year. The invoice is due upon
receipt and | ||||||
15 | must be paid no later than June 30 of each calendar year. All
| ||||||
16 | financial
regulation fees collected by the Department shall be | ||||||
17 | paid to the Insurance
Financial Regulation Fund. The | ||||||
18 | Department may not collect financial
examiner per diem charges | ||||||
19 | from companies subject to subsections (6) and (7)
of this | ||||||
20 | Section undergoing financial examination
after June 30, 1992.
| ||||||
21 | (9) In addition to the financial regulation fee required | ||||||
22 | by this
Section, a company undergoing any financial | ||||||
23 | examination authorized by law
shall pay the following costs | ||||||
24 | and expenses incurred by the Department:
electronic data | ||||||
25 | processing costs, the expenses authorized under Section 131.21
| ||||||
26 | and
subsection (d) of Section 132.4 of this Code, and lodging |
| |||||||
| |||||||
1 | and travel expenses.
| ||||||
2 | Electronic data processing costs incurred by the | ||||||
3 | Department in the
performance of any examination shall be | ||||||
4 | billed directly to the company
undergoing examination for | ||||||
5 | payment to the Technology Management Revolving
Fund. Except | ||||||
6 | for direct reimbursements authorized by the Director or
direct | ||||||
7 | payments made under Section 131.21 or subsection (d) of | ||||||
8 | Section
132.4 of this Code, all financial regulation fees and | ||||||
9 | all financial
examination charges collected by the Department | ||||||
10 | shall be paid to the
Insurance Financial Regulation Fund.
| ||||||
11 | All lodging and travel expenses shall be in accordance | ||||||
12 | with applicable
travel regulations published by the Department | ||||||
13 | of Central Management
Services and approved by the Governor's | ||||||
14 | Travel Control Board, except that
out-of-state lodging and | ||||||
15 | travel expenses related to examinations authorized
under | ||||||
16 | Sections 132.1 through 132.7 shall be in accordance
with | ||||||
17 | travel rates prescribed
under paragraph 301-7.2 of the Federal | ||||||
18 | Travel Regulations, 41 C.F.R. 301-7.2,
for reimbursement of | ||||||
19 | subsistence expenses incurred during official travel.
All | ||||||
20 | lodging and travel expenses may be
reimbursed directly upon | ||||||
21 | the authorization of the Director.
| ||||||
22 | In the case of an organization or person not subject to the | ||||||
23 | financial
regulation fee, the expenses incurred in any | ||||||
24 | financial examination authorized
by law shall be paid by the | ||||||
25 | organization or person being examined. The charge
shall be | ||||||
26 | reasonably related to the cost of the examination including, |
| |||||||
| |||||||
1 | but not
limited to, compensation of examiners and other costs | ||||||
2 | described in this
subsection.
| ||||||
3 | (10) Any company, person, or entity failing to make any | ||||||
4 | payment of $150
or more as required under this Section shall be | ||||||
5 | subject to the penalty and
interest provisions provided for in | ||||||
6 | subsections (4) and (7)
of Section 412.
| ||||||
7 | (11) Unless otherwise specified, all of the fees collected | ||||||
8 | under this
Section shall be paid into the Insurance Financial | ||||||
9 | Regulation Fund.
| ||||||
10 | (12) For purposes of this Section:
| ||||||
11 | (a) "Domestic company" means a company as defined in | ||||||
12 | Section 2 of this
Code which is incorporated or organized | ||||||
13 | under the laws of this State, and in
addition includes a | ||||||
14 | not-for-profit corporation authorized under the Dental
| ||||||
15 | Service Plan Act or the Voluntary Health
Services Plans | ||||||
16 | Act, a health maintenance organization, and a
limited
| ||||||
17 | health service organization.
| ||||||
18 | (b) "Foreign company" means a company as defined in | ||||||
19 | Section 2 of this
Code which is incorporated or organized | ||||||
20 | under the laws of any state of the
United States other than | ||||||
21 | this State and in addition includes a health
maintenance | ||||||
22 | organization and a limited health service organization | ||||||
23 | which is
incorporated or organized under the laws
of any | ||||||
24 | state of the United States other than this State.
| ||||||
25 | (c) " Non-domestic Alien company" means a company as | ||||||
26 | defined in Section 2 of this Code
which is incorporated or |
| |||||||
| |||||||
1 | organized under the laws of any country other than
the | ||||||
2 | United States.
| ||||||
3 | (d) "Fraternal benefit society" means a corporation, | ||||||
4 | society, order,
lodge or voluntary association as defined | ||||||
5 | in Section 282.1 of this
Code.
| ||||||
6 | (e) "Mutual benefit association" means a company, | ||||||
7 | association or
corporation authorized by the Director to | ||||||
8 | do business in this State under
the provisions of Article | ||||||
9 | XVIII of this Code.
| ||||||
10 | (f) "Burial society" means a person, firm, | ||||||
11 | corporation, society or
association of individuals | ||||||
12 | authorized by the Director to do business in
this State | ||||||
13 | under the provisions of Article XIX of this Code.
| ||||||
14 | (g) "Farm mutual" means a district, county and | ||||||
15 | township mutual insurance
company authorized by the | ||||||
16 | Director to do business in this State under the
provisions | ||||||
17 | of the Farm Mutual Insurance Company Act of 1986.
| ||||||
18 | (Source: P.A. 100-23, eff. 7-6-17.)
| ||||||
19 | (215 ILCS 5/412) (from Ch. 73, par. 1024)
| ||||||
20 | Sec. 412. Refunds; penalties; collection.
| ||||||
21 | (1)(a) Whenever it appears to
the satisfaction of the | ||||||
22 | Director that because of some mistake of fact,
error in | ||||||
23 | calculation, or erroneous interpretation of a statute of this
| ||||||
24 | or any other state, any authorized company, surplus line | ||||||
25 | producer, or industrial insured has paid to him, pursuant to
|
| |||||||
| |||||||
1 | any provision of law, taxes, fees, or other charges
in excess | ||||||
2 | of the
amount legally chargeable against it, during the 6 year | ||||||
3 | period
immediately preceding the discovery of such | ||||||
4 | overpayment, he shall have
power to refund to such company, | ||||||
5 | surplus line producer, or industrial insured the amount of the | ||||||
6 | excess or excesses by
applying the amount or amounts thereof | ||||||
7 | toward
the payment of taxes, fees, or other charges already | ||||||
8 | due, or which may
thereafter become due from that company | ||||||
9 | until such excess or excesses have been
fully
refunded, or | ||||||
10 | upon a written request from the authorized company, surplus | ||||||
11 | line producer, or industrial insured, the
Director shall | ||||||
12 | provide a cash refund within
120 days after receipt of the | ||||||
13 | written request if all necessary information has
been filed | ||||||
14 | with the Department in order for it to perform an audit of the
| ||||||
15 | tax report for the transaction or period or annual return for | ||||||
16 | the year in which the overpayment occurred or within 120 days
| ||||||
17 | after the date the Department receives all the necessary | ||||||
18 | information to perform
such audit. The Director shall not | ||||||
19 | provide a cash refund if there are
insufficient funds in the | ||||||
20 | Insurance Premium Tax Refund Fund to provide a cash
refund, if | ||||||
21 | the amount of the overpayment is less than $100, or if the | ||||||
22 | amount of
the overpayment can be fully offset against the | ||||||
23 | taxpayer's estimated liability
for the year following the year | ||||||
24 | of the cash refund request. Any cash refund
shall be paid from | ||||||
25 | the Insurance Premium Tax Refund Fund, a special fund hereby
| ||||||
26 | created in the
State treasury.
|
| |||||||
| |||||||
1 | (b) Beginning January 1, 2000 and thereafter, the | ||||||
2 | Department shall deposit
a percentage of the amounts collected | ||||||
3 | under Sections 409, 444, and 444.1 of
this
Code into the | ||||||
4 | Insurance Premium Tax Refund Fund. The percentage deposited | ||||||
5 | into
the Insurance Premium Tax Refund Fund shall be the annual | ||||||
6 | percentage. The
annual
percentage shall be calculated as a | ||||||
7 | fraction, the numerator of which shall be
the amount of cash | ||||||
8 | refunds approved by the Director for payment and paid during
| ||||||
9 | the preceding calendar year as a result of overpayment of tax | ||||||
10 | liability under
Sections 121-2.08, 409, 444, 444.1, and 445 of | ||||||
11 | this Code and the denominator of which shall
be the amounts | ||||||
12 | collected pursuant to Sections 121-2.08, 409, 444, 444.1, and | ||||||
13 | 445 of this Code
during the preceding calendar year. However, | ||||||
14 | if there were no cash refunds
paid in a preceding calendar | ||||||
15 | year, the Department shall deposit 5% of the
amount collected | ||||||
16 | in that preceding calendar year pursuant to Sections 121-2.08, | ||||||
17 | 409, 444,
444.1, and 445 of this Code into the Insurance | ||||||
18 | Premium Tax Refund Fund instead of an
amount calculated by | ||||||
19 | using the annual percentage.
| ||||||
20 | (c) Beginning July 1, 1999, moneys in the Insurance | ||||||
21 | Premium Tax Refund
Fund
shall be expended exclusively for the | ||||||
22 | purpose of paying cash refunds resulting
from overpayment of | ||||||
23 | tax liability under Sections 121-2.08, 409, 444, 444.1, and | ||||||
24 | 445 of this
Code
as
determined by the Director pursuant to | ||||||
25 | subsection 1(a) of this Section. Cash
refunds made in | ||||||
26 | accordance with this Section may be made from the Insurance
|
| |||||||
| |||||||
1 | Premium Tax Refund Fund only to the extent that amounts have | ||||||
2 | been deposited and
retained in the Insurance Premium Tax | ||||||
3 | Refund Fund.
| ||||||
4 | (d) This Section shall constitute an irrevocable and | ||||||
5 | continuing
appropriation from the Insurance Premium Tax Refund | ||||||
6 | Fund for the purpose of
paying cash refunds pursuant to the | ||||||
7 | provisions of this Section.
| ||||||
8 | (2)(a) When any insurance company fails to
file any tax | ||||||
9 | return required under Sections 408.1, 409, 444, and 444.1 of
| ||||||
10 | this Code or Section 12 of the Fire Investigation Act on the | ||||||
11 | date
prescribed, including any extensions, there shall be | ||||||
12 | added as a penalty
$400 or 10% of the amount of such tax, | ||||||
13 | whichever is
greater, for each month
or part of a month of | ||||||
14 | failure to file, the entire penalty not to exceed
$2,000 or 50% | ||||||
15 | of the tax due, whichever is greater.
| ||||||
16 | (b) When any industrial insured or surplus line producer | ||||||
17 | fails to file any tax return or report required under Sections | ||||||
18 | 121-2.08 and 445 of this Code or Section 12 of the Fire | ||||||
19 | Investigation Act on the date prescribed, including any | ||||||
20 | extensions, there shall be added: | ||||||
21 | (i) as a late fee, if the return or report is received | ||||||
22 | at least one day but not more than 7 days after the | ||||||
23 | prescribed due date, $400 or 10% of the tax due, whichever | ||||||
24 | is greater, the entire fee not to exceed $1,000; | ||||||
25 | (ii) as a late fee, if the return or report is received | ||||||
26 | at least 8 days but not more than 14 days after the |
| |||||||
| |||||||
1 | prescribed due date, $400 or 10% of the tax due, whichever | ||||||
2 | is greater, the entire fee not to exceed $1,500; | ||||||
3 | (iii) as a late fee, if the return or report is | ||||||
4 | received at least 15 days but not more than 21 days after | ||||||
5 | the prescribed due date, $400 or 10% of the tax due, | ||||||
6 | whichever is greater, the entire fee not to exceed $2,000; | ||||||
7 | or | ||||||
8 | (iv) as a penalty, if the return or report is received | ||||||
9 | more than 21 days after the prescribed due date, $400 or | ||||||
10 | 10% of the tax due, whichever is greater, for each month or | ||||||
11 | part of a month of failure to file, the entire penalty not | ||||||
12 | to exceed $2,000 or 50% of the tax due, whichever is | ||||||
13 | greater. | ||||||
14 | A tax return or report shall be deemed received as of the | ||||||
15 | date mailed as evidenced by a postmark, proof of mailing on a | ||||||
16 | recognized United States Postal Service form or a form | ||||||
17 | acceptable to the United States Postal Service or other | ||||||
18 | commercial mail delivery service, or other evidence acceptable | ||||||
19 | to the Director.
| ||||||
20 | (3)(a) When any insurance company
fails to pay the full | ||||||
21 | amount due under the provisions of this Section,
Sections | ||||||
22 | 408.1, 409, 444, or 444.1 of this Code, or Section 12 of the
| ||||||
23 | Fire Investigation Act, there shall be added to the amount due | ||||||
24 | as a penalty
an amount equal to 10% of the deficiency.
| ||||||
25 | (a-5) When any industrial insured or surplus line producer | ||||||
26 | fails to pay the full amount due under the provisions of this |
| |||||||
| |||||||
1 | Section, Sections 121-2.08 or 445 of this Code, or Section 12 | ||||||
2 | of the Fire Investigation Act on the date prescribed, there | ||||||
3 | shall be added: | ||||||
4 | (i) as a late fee, if the payment is received at least | ||||||
5 | one day but not more than 7 days after the prescribed due | ||||||
6 | date, 10% of the tax due, the entire fee not to exceed | ||||||
7 | $1,000; | ||||||
8 | (ii) as a late fee, if the payment is received at least | ||||||
9 | 8 days but not more than 14 days after the prescribed due | ||||||
10 | date, 10% of the tax due, the entire fee not to exceed | ||||||
11 | $1,500; | ||||||
12 | (iii) as a late fee, if the payment is received at | ||||||
13 | least 15 days but not more than 21 days after the | ||||||
14 | prescribed due date, 10% of the tax due, the entire fee not | ||||||
15 | to exceed $2,000; or | ||||||
16 | (iv) as a penalty, if the return or report is received | ||||||
17 | more than 21 days after the prescribed due date, 10% of the | ||||||
18 | tax due. | ||||||
19 | A tax payment shall be deemed received as of the date | ||||||
20 | mailed as evidenced by a postmark, proof of mailing on a | ||||||
21 | recognized United States Postal Service form or a form | ||||||
22 | acceptable to the United States Postal Service or other | ||||||
23 | commercial mail delivery service, or other evidence acceptable | ||||||
24 | to the Director.
| ||||||
25 | (b) If such failure to pay is determined by the Director to | ||||||
26 | be wilful,
after a hearing under Sections 402 and 403, there |
| |||||||
| |||||||
1 | shall be added to the tax
as a penalty an amount equal to the | ||||||
2 | greater of 50% of the
deficiency or 10%
of the amount due and | ||||||
3 | unpaid for each month or part of a month that the
deficiency | ||||||
4 | remains unpaid commencing with the date that the amount | ||||||
5 | becomes
due. Such amount shall be in lieu of any determined | ||||||
6 | under paragraph (a) or (a-5).
| ||||||
7 | (4) Any insurance company, industrial insured, or surplus | ||||||
8 | line producer that
fails to pay the full amount due under this | ||||||
9 | Section or Sections 121-2.08, 408.1, 409,
444, 444.1, or 445 | ||||||
10 | of this Code, or Section 12 of the Fire Investigation
Act is | ||||||
11 | liable, in addition to the tax and any late fees and penalties, | ||||||
12 | for interest
on such deficiency at the rate of 12% per annum, | ||||||
13 | or at such higher adjusted
rates as are or may be established | ||||||
14 | under subsection (b) of Section 6621
of the Internal Revenue | ||||||
15 | Code, from the date that payment of any such tax
was due, | ||||||
16 | determined without regard to any extensions, to the date of | ||||||
17 | payment
of such amount.
| ||||||
18 | (5) The Director, through the Attorney
General, may | ||||||
19 | institute an action in the name of the People of the State
of | ||||||
20 | Illinois, in any court of competent jurisdiction, for the | ||||||
21 | recovery of
the amount of such taxes, fees, and penalties due, | ||||||
22 | and prosecute the same to
final judgment, and take such steps | ||||||
23 | as are necessary to collect the same.
| ||||||
24 | (6) In the event that the certificate of authority of a | ||||||
25 | foreign or non-domestic
alien company is revoked for any cause | ||||||
26 | or the company withdraws from
this State prior to the renewal |
| |||||||
| |||||||
1 | date of the certificate of authority as
provided in Section | ||||||
2 | 114, the company may recover the amount of any such
tax paid in | ||||||
3 | advance. Except as provided in this subsection, no
revocation | ||||||
4 | or withdrawal excuses payment of or constitutes grounds for
| ||||||
5 | the recovery of any taxes or penalties imposed by this Code.
| ||||||
6 | (7) When an insurance company or domestic affiliated group | ||||||
7 | fails to pay
the full amount of any fee of $200 or more due | ||||||
8 | under
Section 408 of this Code, there shall be added to the | ||||||
9 | amount due as
a penalty the greater of $100 or an amount equal | ||||||
10 | to 10%
of the deficiency for
each month or part of
a month that | ||||||
11 | the deficiency remains unpaid.
| ||||||
12 | (8) The Department shall have a lien for the taxes, fees, | ||||||
13 | charges, fines, penalties, interest, other charges, or any | ||||||
14 | portion thereof, imposed or assessed pursuant to this Code, | ||||||
15 | upon all the real and personal property of any company or | ||||||
16 | person to whom the assessment or final order has been issued or | ||||||
17 | whenever a tax return is filed without payment of the tax or | ||||||
18 | penalty shown therein to be due, including all such property | ||||||
19 | of the company or person acquired after receipt of the | ||||||
20 | assessment, issuance of the order, or filing of the return. | ||||||
21 | The company or person is liable for the filing fee incurred by | ||||||
22 | the Department for filing the lien and the filing fee incurred | ||||||
23 | by the Department to file the release of that lien. The filing | ||||||
24 | fees shall be paid to the Department in addition to payment of | ||||||
25 | the tax, fee, charge, fine, penalty, interest, other charges, | ||||||
26 | or any portion thereof, included in the amount of the lien. |
| |||||||
| |||||||
1 | However, where the lien arises because of the issuance of a | ||||||
2 | final order of the Director or tax assessment by the | ||||||
3 | Department, the lien shall not attach and the notice referred | ||||||
4 | to in this Section shall not be filed until all administrative | ||||||
5 | proceedings or proceedings in court for review of the final | ||||||
6 | order or assessment have terminated or the time for the taking | ||||||
7 | thereof has expired without such proceedings being instituted. | ||||||
8 | Upon the granting of Department review after a lien has | ||||||
9 | attached, the lien shall remain in full force except to the | ||||||
10 | extent to which the final assessment may be reduced by a | ||||||
11 | revised final assessment following the rehearing or review. | ||||||
12 | The lien created by the issuance of a final assessment shall | ||||||
13 | terminate, unless a notice of lien is filed, within 3 years | ||||||
14 | after the date all proceedings in court for the review of the | ||||||
15 | final assessment have terminated or the time for the taking | ||||||
16 | thereof has expired without such proceedings being instituted, | ||||||
17 | or (in the case of a revised final assessment issued pursuant | ||||||
18 | to a rehearing or review by the Department) within 3 years | ||||||
19 | after the date all proceedings in court for the review of such | ||||||
20 | revised final assessment have terminated or the time for the | ||||||
21 | taking thereof has expired without such proceedings being | ||||||
22 | instituted. Where the lien results from the filing of a tax | ||||||
23 | return without payment of the tax or penalty shown therein to | ||||||
24 | be due, the lien shall terminate, unless a notice of lien is | ||||||
25 | filed, within 3 years after the date when the return is filed | ||||||
26 | with the Department. |
| |||||||
| |||||||
1 | The time limitation period on the Department's right to | ||||||
2 | file a notice of lien shall not run during any period of time | ||||||
3 | in which the order of any court has the effect of enjoining or | ||||||
4 | restraining the Department from filing such notice of lien. If | ||||||
5 | the Department finds that a company or person is about to | ||||||
6 | depart from the State, to conceal himself or his property, or | ||||||
7 | to do any other act tending to prejudice or to render wholly or | ||||||
8 | partly ineffectual proceedings to collect the amount due and | ||||||
9 | owing to the Department unless such proceedings are brought | ||||||
10 | without delay, or if the Department finds that the collection | ||||||
11 | of the amount due from any company or person will be | ||||||
12 | jeopardized by delay, the Department shall give the company or | ||||||
13 | person notice of such findings and shall make demand for | ||||||
14 | immediate return and payment of the amount, whereupon the | ||||||
15 | amount shall become immediately due and payable. If the | ||||||
16 | company or person, within 5 days after the notice (or within | ||||||
17 | such extension of time as the Department may grant), does not | ||||||
18 | comply with the notice or show to the Department that the | ||||||
19 | findings in the notice are erroneous, the Department may file | ||||||
20 | a notice of jeopardy assessment lien in the office of the | ||||||
21 | recorder of the county in which any property of the company or | ||||||
22 | person may be located and shall notify the company or person of | ||||||
23 | the filing. The jeopardy assessment lien shall have the same | ||||||
24 | scope and effect as the statutory lien provided for in this | ||||||
25 | Section. If the company or person believes that the company or | ||||||
26 | person does not owe some or all of the tax for which the |
| |||||||
| |||||||
1 | jeopardy assessment lien against the company or person has | ||||||
2 | been filed, or that no jeopardy to the revenue in fact exists, | ||||||
3 | the company or person may protest within 20 days after being | ||||||
4 | notified by the Department of the filing of the jeopardy | ||||||
5 | assessment lien and request a hearing, whereupon the | ||||||
6 | Department shall hold a hearing in conformity with the | ||||||
7 | provisions of this Code and, pursuant thereto, shall notify | ||||||
8 | the company or person of its findings as to whether or not the | ||||||
9 | jeopardy assessment lien will be released. If not, and if the | ||||||
10 | company or person is aggrieved by this decision, the company | ||||||
11 | or person may file an action for judicial review of the final | ||||||
12 | determination of the Department in accordance with the | ||||||
13 | Administrative Review Law. If, pursuant to such hearing (or | ||||||
14 | after an independent determination of the facts by the | ||||||
15 | Department without a hearing), the Department determines that | ||||||
16 | some or all of the amount due covered by the jeopardy | ||||||
17 | assessment lien is not owed by the company or person, or that | ||||||
18 | no jeopardy to the revenue exists, or if on judicial review the | ||||||
19 | final judgment of the court is that the company or person does | ||||||
20 | not owe some or all of the amount due covered by the jeopardy | ||||||
21 | assessment lien against them, or that no jeopardy to the | ||||||
22 | revenue exists, the Department shall release its jeopardy | ||||||
23 | assessment lien to the extent of such finding of nonliability | ||||||
24 | for the amount, or to the extent of such finding of no jeopardy | ||||||
25 | to the revenue. The Department shall also release its jeopardy | ||||||
26 | assessment lien against the company or person whenever the |
| |||||||
| |||||||
1 | amount due and owing covered by the lien, plus any interest | ||||||
2 | which may be due, are paid and the company or person has paid | ||||||
3 | the Department in cash or by guaranteed remittance an amount | ||||||
4 | representing the filing fee for the lien and the filing fee for | ||||||
5 | the release of that lien. The Department shall file that | ||||||
6 | release of lien with the recorder of the county where that lien | ||||||
7 | was filed. | ||||||
8 | Nothing in this Section shall be construed to give the | ||||||
9 | Department a preference over the rights of any bona fide | ||||||
10 | purchaser, holder of a security interest, mechanics | ||||||
11 | lienholder, mortgagee, or judgment lien creditor arising prior | ||||||
12 | to the filing of a regular notice of lien or a notice of | ||||||
13 | jeopardy assessment lien in the office of the recorder in the | ||||||
14 | county in which the property subject to the lien is located. | ||||||
15 | For purposes of this Section, "bona fide" shall not include | ||||||
16 | any mortgage of real or personal property or any other credit | ||||||
17 | transaction that results in the mortgagee or the holder of the | ||||||
18 | security acting as trustee for unsecured creditors of the | ||||||
19 | company or person mentioned in the notice of lien who executed | ||||||
20 | such chattel or real property mortgage or the document | ||||||
21 | evidencing such credit transaction. The lien shall be inferior | ||||||
22 | to the lien of general taxes, special assessments, and special | ||||||
23 | taxes levied by any political subdivision of this State. In | ||||||
24 | case title to land to be affected by the notice of lien or | ||||||
25 | notice of jeopardy assessment lien is registered under the | ||||||
26 | provisions of the Registered Titles (Torrens) Act, such notice |
| |||||||
| |||||||
1 | shall be filed in the office of the Registrar of Titles of the | ||||||
2 | county within which the property subject to the lien is | ||||||
3 | situated and shall be entered upon the register of titles as a | ||||||
4 | memorial or charge upon each folium of the register of titles | ||||||
5 | affected by such notice, and the Department shall not have a | ||||||
6 | preference over the rights of any bona fide purchaser, | ||||||
7 | mortgagee, judgment creditor, or other lienholder arising | ||||||
8 | prior to the registration of such notice. The regular lien or | ||||||
9 | jeopardy assessment lien shall not be effective against any | ||||||
10 | purchaser with respect to any item in a retailer's stock in | ||||||
11 | trade purchased from the retailer in the usual course of the | ||||||
12 | retailer's business. | ||||||
13 | (Source: P.A. 98-158, eff. 8-2-13; 98-978, eff. 1-1-15 .)
| ||||||
14 | (215 ILCS 5/413) (from Ch. 73, par. 1025)
| ||||||
15 | Sec. 413.
Privilege
Tax Payable on Admission of Foreign or | ||||||
16 | Non-domestic Alien Company.
| ||||||
17 | (1) Every foreign or non-domestic alien company applying | ||||||
18 | for a certificate of
authority to transact business in this | ||||||
19 | State shall pay to the Director a
tax for the privilege of | ||||||
20 | transacting business in this State in accordance
with Section | ||||||
21 | 409.
| ||||||
22 | (2) If during all or any part of the 3 year period next | ||||||
23 | preceding the
date of application for a certificate of | ||||||
24 | authority the company had a
certificate of authority to | ||||||
25 | transact business in this State, or if it
survives or was |
| |||||||
| |||||||
1 | formed by a merger, consolidation, reorganization or
| ||||||
2 | reincorporation, and one or more of the parties thereto was a | ||||||
3 | foreign or non-domestic
alien company authorized to transact | ||||||
4 | business in this State during all or
any part of such 3 year | ||||||
5 | period, then the tax shall be determined in
accordance with | ||||||
6 | Section 409 on the basis of the last entire calendar year
| ||||||
7 | during which the company or any one of the foreign or | ||||||
8 | non-domestic alien companies
parties to the merger, | ||||||
9 | consolidation, reorganization or reincorporation was
| ||||||
10 | authorized to transact business in this State, or if none was | ||||||
11 | authorized
during any entire calendar year, then on the basis | ||||||
12 | of the last partial
calendar year during which any of such | ||||||
13 | companies were authorized to
transact business in this State.
| ||||||
14 | (Source: P.A. 77-2087.)
| ||||||
15 | (215 ILCS 5/415) (from Ch. 73, par. 1027)
| ||||||
16 | Sec. 415. No taxes to be imposed by political | ||||||
17 | subdivisions.
The fees, charges and taxes provided for by | ||||||
18 | this Article
shall be in lieu of all license fees or privilege | ||||||
19 | or occupation taxes or
other fees levied or assessed by any | ||||||
20 | municipality, county or other political
subdivision of this | ||||||
21 | State, and no municipality, county or other political
| ||||||
22 | subdivision of this State shall impose any license fee or | ||||||
23 | privilege or
occupation tax or fee upon any domestic, foreign | ||||||
24 | or non-domestic alien company, or upon any
of its agents, for | ||||||
25 | the privilege of doing an insurance business therein, except
|
| |||||||
| |||||||
1 | the tax authorized by Division 10 of Article 11 of the Illinois | ||||||
2 | Municipal Code,
as heretofore and hereafter amended. This | ||||||
3 | Section shall not be construed to
prohibit the levy and | ||||||
4 | collection of:
| ||||||
5 | (a) State, county or municipal taxes upon the real and | ||||||
6 | personal property
of such a company, including the tax | ||||||
7 | imposed by Section
414 of this Code, and
| ||||||
8 | (b) taxes for the purpose of maintaining the Office of | ||||||
9 | the State Fire
Marshal and paying the expenses incident | ||||||
10 | thereto.
| ||||||
11 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
12 | (215 ILCS 5/444) (from Ch. 73, par. 1056)
| ||||||
13 | Sec. 444. Retaliation.
| ||||||
14 | (1) Whenever the existing or future laws of any other | ||||||
15 | state or country
shall
require of companies incorporated or | ||||||
16 | organized under the laws of this State
as a condition | ||||||
17 | precedent to their doing business in such other state or
| ||||||
18 | country, compliance with laws, rules, regulations, and | ||||||
19 | prohibitions more
onerous or burdensome than the rules and | ||||||
20 | regulations imposed by this State
on foreign or non-domestic | ||||||
21 | alien companies, or shall require any deposit of securities
or | ||||||
22 | other obligations in such state or country, for the protection | ||||||
23 | of
policyholders or otherwise or require of such companies or | ||||||
24 | agents thereof
or brokers the payment of penalties, fees, | ||||||
25 | charges, or taxes greater than
the penalties, fees, charges, |
| |||||||
| |||||||
1 | or taxes required in the aggregate for like
purposes by this | ||||||
2 | Code or any other law of this State, of foreign or non-domestic | ||||||
3 | alien
companies, agents thereof or brokers, then such laws, | ||||||
4 | rules, regulations,
and prohibitions of said other state or | ||||||
5 | country shall apply to companies
incorporated or organized | ||||||
6 | under the laws of such state or country doing
business in this | ||||||
7 | State, and all such companies, agents thereof, or brokers
| ||||||
8 | doing business in this State, shall be required to make | ||||||
9 | deposits, pay
penalties, fees, charges, and taxes, in amounts | ||||||
10 | equal to those required in
the aggregate for like purposes of | ||||||
11 | Illinois companies doing business in
such state or country, | ||||||
12 | agents thereof or brokers. Whenever any other state
or country | ||||||
13 | shall refuse to permit any insurance company incorporated or
| ||||||
14 | organized under the laws of this State to transact business | ||||||
15 | according to
its usual plan in such other state or country, the | ||||||
16 | director may, if
satisfied that such company of this State is | ||||||
17 | solvent, properly managed, and
can operate legally under the | ||||||
18 | laws of such other state or country,
forthwith suspend or | ||||||
19 | cancel the license of every insurance company doing
business | ||||||
20 | in this State which is incorporated or organized under the | ||||||
21 | laws of
such other state or country to the extent that it | ||||||
22 | insures in this State
against any of the risks or hazards which | ||||||
23 | are sought to be insured against
by the company of this State | ||||||
24 | in such other state or country.
| ||||||
25 | (2) The provisions of this Section shall not apply to | ||||||
26 | residual market
or special purpose assessments or guaranty |
| |||||||
| |||||||
1 | fund or guaranty association
assessments, both under the laws | ||||||
2 | of this State and under the laws of any other
state
or country, | ||||||
3 | and any tax offset or credit for any such assessment shall, for
| ||||||
4 | purposes of this Section, be treated as a tax paid both under | ||||||
5 | the laws of this
State and under the laws of any other state or | ||||||
6 | country.
| ||||||
7 | (3) The terms "penalties", "fees", "charges", and "taxes" | ||||||
8 | in subsection
(1) of this
Section
shall include: the | ||||||
9 | penalties, fees, charges, and taxes collected on a cash basis | ||||||
10 | under State
law
and
referenced within Article XXV exclusive of | ||||||
11 | any items referenced by
subsection
(2) of this Section, but | ||||||
12 | including any tax offset allowed under Section 531.13
of this | ||||||
13 | Code; the aggregate Illinois corporate income taxes paid under | ||||||
14 | Sections 601 and 803
of the Illinois Income Tax Act during the | ||||||
15 | calendar year for which the retaliatory tax calculation is | ||||||
16 | being made, less the recapture of any Illinois corporate | ||||||
17 | income tax cash refunds to the extent that the amount of tax | ||||||
18 | refunded was reported as part of the Illinois basis in the | ||||||
19 | calculation of the retaliatory tax for a prior tax year, | ||||||
20 | provided that such recaptured refund shall not exceed the | ||||||
21 | amount necessary for equivalence of the Illinois basis with | ||||||
22 | the state of incorporation basis in such tax year, and after
| ||||||
23 | any tax offset allowed under Section 531.13 of this Code;
| ||||||
24 | income or personal property taxes imposed by other states or | ||||||
25 | countries;
penalties, fees, charges, and taxes of other states
| ||||||
26 | or countries imposed for purposes like those of the penalties, |
| |||||||
| |||||||
1 | fees, charges,
and taxes
specified in Article XXV of this Code | ||||||
2 | exclusive of any item referenced in
subsection (2) of this | ||||||
3 | Section; and any penalties, fees, charges, and taxes
required | ||||||
4 | as
a
franchise, privilege, or licensing tax for
conducting the | ||||||
5 | business of insurance whether calculated as a percentage of
| ||||||
6 | income, gross receipts, premium, or otherwise.
| ||||||
7 | (4) Nothing contained in this Section or Section 409 or | ||||||
8 | Section 444.1 is
intended to authorize or expand any power of | ||||||
9 | local governmental units or
municipalities to impose taxes, | ||||||
10 | fees, or charges.
| ||||||
11 | (5) This Section is subject to the provisions of Section | ||||||
12 | 10 of the New Markets Development Program Act. | ||||||
13 | (Source: P.A. 98-1169, eff. 1-9-15.)
| ||||||
14 | (215 ILCS 5/444.1) (from Ch. 73, par. 1056.1)
| ||||||
15 | Sec. 444.1. Payment of retaliatory taxes.
| ||||||
16 | (1) Every foreign or non-domestic alien
company doing | ||||||
17 | insurance business in this State shall pay the Director the
| ||||||
18 | retaliatory tax determined in accordance with Section 444.
| ||||||
19 | (2) (a) All companies subject to the provisions of this | ||||||
20 | Section shall
make an
annual return for the preceding calendar | ||||||
21 | year on or before March 15 setting
forth such information on | ||||||
22 | such forms as the Director may reasonably require.
Payments of | ||||||
23 | quarterly installments of the taxpayer's total estimated
| ||||||
24 | retaliatory tax for the current calendar year shall be due on | ||||||
25 | or before April
15, June 15, September 15, and December 15 of |
| |||||||
| |||||||
1 | such year, except that all
companies
transacting insurance | ||||||
2 | business in this State whose annual tax for the
immediately
| ||||||
3 | preceding calendar year was less than $5,000 shall make only | ||||||
4 | an annual
return. Failure of a company to make the annual | ||||||
5 | payment, or to make the
quarterly payments, if required, of at | ||||||
6 | least one-fourth of either (i) the total
tax paid during the | ||||||
7 | previous calendar year or (ii) 80% of the actual tax for
the | ||||||
8 | current calendar year shall subject it to the penalty | ||||||
9 | provisions set forth
in Section 412 of this Code.
| ||||||
10 | (b) Notwithstanding the foregoing provisions of paragraph | ||||||
11 | (a) of this
subsection, the retaliatory tax liability of | ||||||
12 | companies under Section 444 of
this Code for the calendar year | ||||||
13 | ended December 31, 1997 shall be
determined in accordance with | ||||||
14 | this amendatory Act of 1998 and shall include in
the aggregate | ||||||
15 | comparative tax burden for the State of Illinois, any tax | ||||||
16 | offset
allowed under Section 531.13 of this Code and any | ||||||
17 | income
taxes paid for the year 1997 under subsections (a) | ||||||
18 | through (d) of Section 201
of the Illinois Income Tax Act after | ||||||
19 | any tax offset allowed under Section
531.13 of this Code.
| ||||||
20 | (i) Any annual retaliatory tax returns and payments | ||||||
21 | made for the year
ended December 31, 1997 and any | ||||||
22 | quarterly installments of the taxpayer's total
estimated | ||||||
23 | 1998 retaliatory tax liability paid prior to the effective | ||||||
24 | date of
this Amendatory Act of 1998 that do not include the | ||||||
25 | items specified by
subsection (1) of this Section shall be | ||||||
26 | amended and restated, at the taxpayer's
election, on forms
|
| |||||||
| |||||||
1 | prepared by the Director so as to provide for the
| ||||||
2 | inclusion of such items.
An amended and restated return | ||||||
3 | for the year ended December 31, 1997 filed under
this | ||||||
4 | subparagraph shall treat any payment of estimated | ||||||
5 | privilege taxes under
Section 409 as in effect prior to | ||||||
6 | October 23, 1997 as a payment of estimated
retaliatory | ||||||
7 | taxes for the year ended December 31, 1997.
| ||||||
8 | (ii) Any overpayment resulting from such amended | ||||||
9 | return and restated tax
liability shall be allowed as a | ||||||
10 | credit against any subsequent privilege or
retaliatory tax | ||||||
11 | obligations of the taxpayer.
| ||||||
12 | (iii) In the year 1999 and thereafter all companies | ||||||
13 | shall make annual and
quarterly installments of their | ||||||
14 | estimated tax as provided by paragraph
(a) of this | ||||||
15 | subsection.
| ||||||
16 | (3) Any tax payment made under this Section and any tax | ||||||
17 | returns prepared
in compliance with Section 410 shall give | ||||||
18 | full consideration to the impact
of any future reduction in or | ||||||
19 | elimination of a taxpayer's liability under
Section 409, | ||||||
20 | whether such reduction or elimination is due to an operation
| ||||||
21 | of law or an Act of the General Assembly.
| ||||||
22 | (4) Any foreign or non-domestic alien taxpayer who makes, | ||||||
23 | under protest, a tax payment
required by Section 409 shall, at | ||||||
24 | the time of payment, file a retaliatory
tax return sufficient | ||||||
25 | to disclose the full amount of retaliatory taxes which
would | ||||||
26 | be due and owing for the tax period in question if the protest |
| |||||||
| |||||||
1 | were
upheld. Notwithstanding the provisions of the State | ||||||
2 | Officers and Employees
Money Disposition Act or any other laws | ||||||
3 | of this State, the protested
payment, to the extent of the | ||||||
4 | retaliatory tax so disclosed, shall be deposited
directly in | ||||||
5 | the General Revenue Fund; and the balance of the payment, if
| ||||||
6 | any, shall be deposited in a protest account pursuant to the | ||||||
7 | provisions
of the aforesaid Act, as now or hereafter amended.
| ||||||
8 | (5) The failure of a company to make the annual payment or | ||||||
9 | to make the
quarterly payments, if required,
of at least | ||||||
10 | one-fourth of either (i) the total tax paid
during the | ||||||
11 | preceding
calendar year or (ii) 80% of the actual tax for the | ||||||
12 | current calendar
year shall subject it to the penalty | ||||||
13 | provisions set forth in Section
412 of this Code.
| ||||||
14 | (6) This Section is subject to the provisions of Section | ||||||
15 | 10 of the New Markets Development Program Act. | ||||||
16 | (Source: P.A. 95-1024, eff. 12-31-08.)
| ||||||
17 | (215 ILCS 5/445) (from Ch. 73, par. 1057)
| ||||||
18 | Sec. 445. Surplus line.
| ||||||
19 | (1) Definitions. For the purposes of this Section:
| ||||||
20 | "Affiliate" means, with respect to an insured, any entity | ||||||
21 | that controls, is controlled by, or is under common control | ||||||
22 | with the insured. For the purpose of this definition, an | ||||||
23 | entity has control over another entity if: | ||||||
24 | (A) the entity directly or indirectly or acting | ||||||
25 | through one or more other persons owns, controls, or has |
| |||||||
| |||||||
1 | the power to vote 25% or more of any class of voting | ||||||
2 | securities of the other entity; or | ||||||
3 | (B) the entity controls in any manner the election of | ||||||
4 | a majority of the directors or trustees of the other | ||||||
5 | entity. | ||||||
6 | "Affiliated group" means any group of entities that are | ||||||
7 | all affiliated. | ||||||
8 | "Authorized insurer" means an insurer that holds a | ||||||
9 | certificate of
authority
issued by the Director but, for the | ||||||
10 | purposes of this Section, does not
include a
domestic surplus | ||||||
11 | line insurer as defined in Section 445a or any
residual market
| ||||||
12 | mechanism. | ||||||
13 | "Exempt commercial purchaser" means any person purchasing | ||||||
14 | commercial insurance that, at the time of placement, meets the | ||||||
15 | following requirements: | ||||||
16 | (A) The person employs or retains a qualified risk | ||||||
17 | manager to negotiate insurance coverage. | ||||||
18 | (B) The person has paid aggregate nationwide | ||||||
19 | commercial property and casualty insurance premiums in | ||||||
20 | excess of $100,000 in the immediately preceding 12 months. | ||||||
21 | (C) The person meets at least one of the following | ||||||
22 | criteria: | ||||||
23 | (I) The person possesses a net worth in excess of | ||||||
24 | $20,000,000, as such amount is adjusted pursuant to | ||||||
25 | the provision in this definition concerning percentage | ||||||
26 | change. |
| |||||||
| |||||||
1 | (II) The person generates annual revenues in | ||||||
2 | excess of $50,000,000, as such amount is adjusted | ||||||
3 | pursuant to the provision in this definition | ||||||
4 | concerning percentage change. | ||||||
5 | (III) The person employs more than 500 full-time | ||||||
6 | or full-time equivalent employees per individual | ||||||
7 | insured or is a member of an affiliated group | ||||||
8 | employing more than 1,000 employees in the aggregate. | ||||||
9 | (IV) The person is a not-for-profit organization | ||||||
10 | or public entity generating annual budgeted | ||||||
11 | expenditures of at least $30,000,000, as such amount | ||||||
12 | is adjusted pursuant to the provision in this | ||||||
13 | definition concerning percentage change. | ||||||
14 | (V) The person is a municipality with a population | ||||||
15 | in excess of 50,000 persons. | ||||||
16 | Effective on January 1, 2015 and each fifth January 1 | ||||||
17 | occurring thereafter, the amounts in subitems (I), (II), and | ||||||
18 | (IV) of item (C) of this definition shall be adjusted to | ||||||
19 | reflect the percentage change for such 5-year period in the | ||||||
20 | Consumer Price Index for All Urban Consumers published by the | ||||||
21 | Bureau of Labor Statistics of the Department of Labor. | ||||||
22 | "Home state" means the following: | ||||||
23 | (A) With respect to an insured, except as provided in | ||||||
24 | item (B) of this definition: | ||||||
25 | (I) the state in which an insured maintains its | ||||||
26 | principal place of business or, in the case of an |
| |||||||
| |||||||
1 | individual, the individual's principal residence; or | ||||||
2 | (II) if 100% of the insured risk is located out of | ||||||
3 | the state referred to in subitem (I), the state to | ||||||
4 | which the greatest percentage of the insured's taxable | ||||||
5 | premium for that insurance contract is allocated. | ||||||
6 | (B) If more than one insured from an affiliated group | ||||||
7 | are named insureds on a single surplus line insurance | ||||||
8 | contract, then "home state" means the home state, as | ||||||
9 | determined pursuant to item (A) of this definition, of the | ||||||
10 | member of the affiliated group that has the largest | ||||||
11 | percentage of premium attributed to it under such | ||||||
12 | insurance contract. | ||||||
13 | If more than one insured from a group that is not | ||||||
14 | affiliated are named insureds on a single surplus line | ||||||
15 | insurance contract, then: | ||||||
16 | (I) if individual group members pay 100% of the | ||||||
17 | premium for the insurance from their own funds, "home | ||||||
18 | state" means the home state, as determined pursuant to | ||||||
19 | item (A) of this definition, of each individual group | ||||||
20 | member; each individual group member's coverage under | ||||||
21 | the surplus line insurance contract shall be treated | ||||||
22 | as a separate surplus line contract for the purposes | ||||||
23 | of this Section; | ||||||
24 | (II) otherwise, "home state" means the home state, | ||||||
25 | as determined pursuant to item (A) of this definition, | ||||||
26 | of the group. |
| |||||||
| |||||||
1 | Nothing in this definition shall be construed to alter the | ||||||
2 | terms of the surplus line insurance contract. | ||||||
3 | "Master policy" means a surplus line insurance contract | ||||||
4 | with a single set of general contractual terms that are | ||||||
5 | designed to apply on a group basis to multiple insureds who may | ||||||
6 | or may not be affiliated and who may be added to or removed | ||||||
7 | from the contract throughout the course of the contract | ||||||
8 | period. A master policy may include certain provisions that | ||||||
9 | vary for each insured depending on the insured's | ||||||
10 | characteristics and the coverage sought. | ||||||
11 | "Multi-State risk" means a risk with insured exposures in | ||||||
12 | more than one State. | ||||||
13 | "NAIC" means the National Association of Insurance | ||||||
14 | Commissioners or any successor entity. | ||||||
15 | "Personal lines insurance" means insurance as defined in | ||||||
16 | subsection (a), (b), or (c) of Section 143.13 of this Code. | ||||||
17 | "Premium" means any amount designated as premium on the | ||||||
18 | declarations page or elsewhere in a policy and on any | ||||||
19 | endorsement, but does not include taxes, the Surplus Line | ||||||
20 | Association of Illinois recording fee, or any other fee. | ||||||
21 | "Program business" means a clearly defined group of | ||||||
22 | insurance contracts procured by a licensed surplus line | ||||||
23 | producer from an unauthorized insurer, under a single | ||||||
24 | agreement between the producer and insurer, for insureds with | ||||||
25 | the same or similar characteristics and containing the same or | ||||||
26 | similar contract terms. |
| |||||||
| |||||||
1 | "Qualified risk manager" means, with respect to a | ||||||
2 | policyholder of commercial insurance, a person who meets all | ||||||
3 | of the following requirements: | ||||||
4 | (A) The person is an employee of, or third-party | ||||||
5 | consultant retained by, the commercial policyholder. | ||||||
6 | (B) The person provides skilled services in loss | ||||||
7 | prevention, loss reduction, or risk and insurance coverage | ||||||
8 | analysis, and purchase of insurance. | ||||||
9 | (C) With regard to the person: | ||||||
10 | (I) the person has: | ||||||
11 | (a) a bachelor's degree or higher from an | ||||||
12 | accredited college or university in risk | ||||||
13 | management, business administration, finance, | ||||||
14 | economics, or any other field determined by the | ||||||
15 | Director or his designee to demonstrate minimum | ||||||
16 | competence in risk management; and | ||||||
17 | (b) the following: | ||||||
18 | (i) three years of experience in risk | ||||||
19 | financing, claims administration, loss | ||||||
20 | prevention, risk and insurance analysis, or | ||||||
21 | purchasing commercial lines of insurance; or | ||||||
22 | (ii) alternatively has: | ||||||
23 | (AA) a designation as a Chartered | ||||||
24 | Property and Casualty Underwriter (in this | ||||||
25 | subparagraph (ii) referred to as "CPCU") | ||||||
26 | issued by the American Institute for |
| |||||||
| |||||||
1 | CPCU/Insurance Institute of America; | ||||||
2 | (BB) a designation as an Associate in | ||||||
3 | Risk Management (ARM) issued by the | ||||||
4 | American Institute for CPCU/Insurance | ||||||
5 | Institute of America; | ||||||
6 | (CC) a designation as Certified Risk | ||||||
7 | Manager (CRM) issued by the National | ||||||
8 | Alliance for Insurance Education & | ||||||
9 | Research; | ||||||
10 | (DD) a designation as a RIMS Fellow | ||||||
11 | (RF) issued by the Global Risk Management | ||||||
12 | Institute; or | ||||||
13 | (EE) any other designation, | ||||||
14 | certification, or license determined by | ||||||
15 | the Director or his designee to | ||||||
16 | demonstrate minimum competency in risk | ||||||
17 | management; | ||||||
18 | (II) the person has: | ||||||
19 | (a) at least 7 years of experience in risk | ||||||
20 | financing, claims administration, loss prevention, | ||||||
21 | risk and insurance coverage analysis, or | ||||||
22 | purchasing commercial lines of insurance; and | ||||||
23 | (b) has any one of the designations specified | ||||||
24 | in subparagraph (ii) of paragraph (b); | ||||||
25 | (III) the person has at least 10 years of | ||||||
26 | experience in risk financing, claims administration, |
| |||||||
| |||||||
1 | loss prevention, risk and insurance coverage analysis, | ||||||
2 | or purchasing commercial lines of insurance; or | ||||||
3 | (IV) the person has a graduate degree from an | ||||||
4 | accredited college or university in risk management, | ||||||
5 | business administration, finance, economics, or any | ||||||
6 | other field determined by the Director or his or her | ||||||
7 | designee to demonstrate minimum competence in risk | ||||||
8 | management. | ||||||
9 | "Residual market mechanism" means an association, | ||||||
10 | organization, or other
entity described in Article XXXIII of | ||||||
11 | this Code or Section 7-501 of the
Illinois Vehicle Code or any | ||||||
12 | similar association, organization, or other
entity. | ||||||
13 | "State" means any state of the United States, the District | ||||||
14 | of Columbia, the Commonwealth of Puerto Rico, Guam, the | ||||||
15 | Northern Mariana Islands, the Virgin Islands, and American | ||||||
16 | Samoa. | ||||||
17 | "Surplus line insurance" means insurance on a risk: | ||||||
18 | (A) of the kinds specified in Classes 2 and 3 of | ||||||
19 | Section 4 of this Code; and | ||||||
20 | (B) that is procured from an unauthorized insurer | ||||||
21 | after the insurance producer representing the insured or | ||||||
22 | the surplus line producer is unable, after diligent | ||||||
23 | effort, to procure the insurance from authorized insurers; | ||||||
24 | and | ||||||
25 | (C) where Illinois is the home state of the insured, | ||||||
26 | for policies effective, renewed or extended on July 21, |
| |||||||
| |||||||
1 | 2011 or later and for multiyear policies upon the policy | ||||||
2 | anniversary that falls on or after July 21, 2011; and | ||||||
3 | (D) that is located in Illinois, for policies | ||||||
4 | effective prior to July 21, 2011. | ||||||
5 | "Taxable premium" means a premium for any risk that is | ||||||
6 | located in or attributed to any state. | ||||||
7 | "Unauthorized insurer" means an insurer that does not hold | ||||||
8 | a valid
certificate of authority issued by the Director but, | ||||||
9 | for the purposes of this
Section, shall also include a | ||||||
10 | domestic surplus line insurer as defined in
Section 445a.
| ||||||
11 | (1.5) Procuring surplus line insurance; surplus line | ||||||
12 | insurer requirements. | ||||||
13 | (a) License required. Insurance producers may procure | ||||||
14 | surplus line insurance only if licensed
as a surplus line | ||||||
15 | producer under this Section. | ||||||
16 | (b) Domestic and foreign insurer eligibility. Licensed | ||||||
17 | surplus line producers may procure surplus line
insurance | ||||||
18 | from an unauthorized insurer domiciled in any state only | ||||||
19 | if the insurer:
| ||||||
20 | (i) is permitted in its domiciliary jurisdiction | ||||||
21 | to write the type of insurance involved; and | ||||||
22 |
(ii) has, based upon information available to the | ||||||
23 | surplus
line producer,
a policyholders surplus of not | ||||||
24 | less than $15,000,000
determined in
accordance with | ||||||
25 | the laws of its domiciliary jurisdiction;
and
| ||||||
26 |
(iii) has standards of solvency and management |
| |||||||
| |||||||
1 | that are adequate
for the protection of policyholders.
| ||||||
2 |
Where an unauthorized insurer does not meet the
| ||||||
3 | standards set forth
in (ii) and (iii) above, a surplus | ||||||
4 | line producer may, if necessary, procure
insurance from | ||||||
5 | that insurer only if prior written warning of
such fact or
| ||||||
6 | condition is given to the insured by the insurance | ||||||
7 | producer or surplus line
producer.
| ||||||
8 | (c) Non-domestic Alien insurer eligibility. Licensed | ||||||
9 | surplus line producers may procure surplus line insurance | ||||||
10 | from an unauthorized insurer not domiciled in any state | ||||||
11 | only if the insurer meets the standards for unauthorized | ||||||
12 | insurers domiciled in any state in paragraph (b) of this | ||||||
13 | subsection (1.5) or is listed on the Quarterly Listing of | ||||||
14 | Alien Insurers maintained by the International Insurers | ||||||
15 | Department of the NAIC at the time of procurement. The | ||||||
16 | Director shall make the Quarterly Listing of Alien | ||||||
17 | Insurers available to surplus line producers without | ||||||
18 | charge. | ||||||
19 | (d) Prohibited transactions. Insurance producers shall | ||||||
20 | not procure from an
unauthorized insurer an insurance | ||||||
21 | policy: | ||||||
22 | (i) that is designed to satisfy the
proof of | ||||||
23 | financial responsibility and insurance requirements in | ||||||
24 | any
Illinois law where the law requires that the proof | ||||||
25 | of
insurance is issued by an authorized insurer or | ||||||
26 | residual market
mechanism; |
| |||||||
| |||||||
1 | (ii) that covers the risk of accidental injury to | ||||||
2 | employees arising
out of and in the course of | ||||||
3 | employment according to the provisions of the
Workers' | ||||||
4 | Compensation Act; or | ||||||
5 | (iii) that insures any Illinois personal lines | ||||||
6 | risk that is eligible
for residual market mechanism | ||||||
7 | coverage, unless the insured or prospective
insured | ||||||
8 | requests limits of liability greater than the limits | ||||||
9 | provided by the
residual market mechanism. In the | ||||||
10 | course of making a diligent effort to
procure | ||||||
11 | insurance from authorized insurers, an insurance | ||||||
12 | producer shall not be
required to submit a risk to a | ||||||
13 | residual market mechanism when the risk is not
| ||||||
14 | eligible for coverage or exceeds the limits available | ||||||
15 | in the residual market
mechanism. | ||||||
16 | Where there is an insurance policy issued by an
| ||||||
17 | authorized insurer or residual market mechanism
insuring a | ||||||
18 | risk described in item (i), (ii), or (iii)
above, nothing | ||||||
19 | in this paragraph shall be construed
to prohibit a surplus | ||||||
20 | line producer from procuring
from an unauthorized insurer | ||||||
21 | a policy insuring the
risk on an excess or umbrella basis | ||||||
22 | where the excess
or umbrella policy is written over one or | ||||||
23 | more
underlying policies.
| ||||||
24 | (e) Exempt commercial purchaser diligent effort. | ||||||
25 | Licensed surplus line producers may procure surplus line | ||||||
26 | insurance from an unauthorized insurer for an exempt |
| |||||||
| |||||||
1 | commercial purchaser without making the required diligent | ||||||
2 | effort to procure the insurance from authorized insurers | ||||||
3 | if: | ||||||
4 | (i) the producer has disclosed to the exempt | ||||||
5 | commercial purchaser that such insurance may or may | ||||||
6 | not be available from authorized insurers that may | ||||||
7 | provide greater protection with more regulatory | ||||||
8 | oversight; and | ||||||
9 | (ii) the exempt commercial purchaser has | ||||||
10 | subsequently in writing requested the producer to | ||||||
11 | procure such insurance from an unauthorized insurer. | ||||||
12 | (f) Commercial wholesale transaction diligent effort. | ||||||
13 | A licensed surplus line producer may procure a surplus | ||||||
14 | line insurance contract, other than a personal lines | ||||||
15 | insurance contract, from an unauthorized insurer without | ||||||
16 | making the required diligent effort to procure the | ||||||
17 | insurance from authorized insurers if the risk was | ||||||
18 | referred to the surplus line producer by an | ||||||
19 | Illinois-licensed insurance producer who is not affiliated | ||||||
20 | with the surplus line producer. | ||||||
21 | (g) Master policy diligent effort. For a master policy | ||||||
22 | insurance contract, a licensed surplus line producer may | ||||||
23 | make the required diligent effort to procure the insurance | ||||||
24 | from authorized insurers annually for the master policy | ||||||
25 | rather than individually for each insured that is added | ||||||
26 | during the policy period. The diligent effort shall |
| |||||||
| |||||||
1 | include all variable provisions of the master policy. | ||||||
2 | (h) Program business diligent effort. For program | ||||||
3 | business, a licensed surplus line producer may make the | ||||||
4 | required diligent effort to procure the insurance from | ||||||
5 | authorized insurers annually for the program rather than | ||||||
6 | individually for each contract. The diligent effort shall | ||||||
7 | include all variable provisions of the master policy. | ||||||
8 | (2) Surplus line producer; license. Any licensed producer | ||||||
9 | who is a
resident of this State, or any nonresident who | ||||||
10 | qualifies under Section
500-40, may be licensed as a surplus | ||||||
11 | line producer upon payment of an annual license fee of $400.
| ||||||
12 | A surplus line producer so licensed shall keep a separate
| ||||||
13 | account of
the business transacted thereunder for 7 years from | ||||||
14 | the policy effective date which shall be open at all times to | ||||||
15 | the
inspection of the Director or his representative.
| ||||||
16 | No later than July 21, 2012, the State of Illinois shall | ||||||
17 | participate in the national insurance producer database of the | ||||||
18 | NAIC, or any other equivalent uniform national database, for | ||||||
19 | the licensure of surplus line producers and the renewal of | ||||||
20 | such licenses.
| ||||||
21 | (3) Taxes and reports.
| ||||||
22 | (a) Surplus line tax and penalty for late payment. The | ||||||
23 | surplus line tax rate for a surplus line insurance policy | ||||||
24 | or contract is determined as follows: | ||||||
25 | (i) 3% for policies or contracts with an effective | ||||||
26 | date prior to July 1, 2003; |
| |||||||
| |||||||
1 | (ii) 3.5% for policies or contracts with an | ||||||
2 | effective date of July 1, 2003 or later. | ||||||
3 | A surplus line producer shall file with the Director | ||||||
4 | on or
before
February 1 and August 1 of each year a report | ||||||
5 | in the form prescribed by the
Director on all surplus line | ||||||
6 | insurance procured from unauthorized insurers and | ||||||
7 | submitted to the Surplus Line Association of Illinois
| ||||||
8 | during the preceding
6 month period ending December 31 or | ||||||
9 | June 30
respectively, and on the filing of such report | ||||||
10 | shall pay to the Director
for the use and benefit of the | ||||||
11 | State a sum equal to the surplus line tax rate multiplied | ||||||
12 | by the
gross taxable
premiums less returned taxable | ||||||
13 | premiums upon all surplus line insurance submitted to the | ||||||
14 | Surplus Line Association of Illinois during the preceding | ||||||
15 | 6 months.
| ||||||
16 | Any surplus line producer who fails to pay the full | ||||||
17 | amount due under this
subsection is liable, in addition to | ||||||
18 | the amount due, for such late fee,
penalty, and interest | ||||||
19 | charges as are provided for under Section 412 of
this | ||||||
20 | Code. The Director, through the
Attorney General, may
| ||||||
21 | institute an action in the name of the People of the State | ||||||
22 | of Illinois, in
any court of competent jurisdiction, for | ||||||
23 | the recovery of the amount of such
taxes, late fees, | ||||||
24 | interest, and penalties due, and prosecute the same to | ||||||
25 | final judgment, and take
such steps as are necessary to | ||||||
26 | collect the same.
|
| |||||||
| |||||||
1 | (b) Fire Marshal Tax.
Each surplus line producer shall | ||||||
2 | file with the Director on or before February 1
of each year | ||||||
3 | a report in the form prescribed by the Director on all
fire | ||||||
4 | insurance procured from unauthorized insurers and | ||||||
5 | submitted to the Surplus Line Association of Illinois | ||||||
6 | during the previous year that is subject to tax under
| ||||||
7 | Section 12 of the Fire Investigation
Act
and shall pay to | ||||||
8 | the Director the fire marshal tax required thereunder.
| ||||||
9 | (c) Taxes and fees charged to insured. The taxes | ||||||
10 | imposed under this
subsection and the recording fees | ||||||
11 | charged by the Surplus Line
Association of Illinois may be | ||||||
12 | charged to and collected from surplus line
insureds.
| ||||||
13 | (4) (Blank).
| ||||||
14 | (5) Submission of documents to Surplus Line Association of | ||||||
15 | Illinois.
A surplus line producer shall submit every insurance | ||||||
16 | contract and premium-bearing endorsement
issued
under his or | ||||||
17 | her license to the Surplus Line Association of Illinois for
| ||||||
18 | recording. The submission and recording may be
effected | ||||||
19 | through electronic means. The submission shall set
forth:
| ||||||
20 | (a) the name of the insured;
| ||||||
21 | (b) the description and location of the insured | ||||||
22 | property or
risk;
| ||||||
23 | (c) (blank);
| ||||||
24 | (d) the gross premiums charged or returned;
| ||||||
25 | (e) the name of the unauthorized insurer from whom | ||||||
26 | coverage has been procured;
|
| |||||||
| |||||||
1 | (f) the kind or kinds of insurance procured; and
| ||||||
2 | (g) amount of premium subject to tax required by | ||||||
3 | Section 12 of the Fire
Investigation Act.
| ||||||
4 | Proposals, endorsements, and other documents which are
| ||||||
5 | incidental to the insurance but which do not affect the | ||||||
6 | premium
charged
are exempted from the submission and recording | ||||||
7 | requirements.
| ||||||
8 | The submission of insuring contracts
to the Surplus Line | ||||||
9 | Association of
Illinois constitutes a certification by the | ||||||
10 | surplus line producer or by the insurance producer who | ||||||
11 | presented the risk to the surplus line producer for
placement | ||||||
12 | as a surplus line risk that
after diligent effort, where | ||||||
13 | required, the required insurance could not be procured from
| ||||||
14 | authorized insurers and that
such procurement was otherwise in | ||||||
15 | accordance with the surplus line law.
| ||||||
16 | (6) Evidence of recording required. It shall be unlawful | ||||||
17 | for an insurance
producer to deliver any unauthorized insurer
| ||||||
18 | contract or premium-bearing endorsement unless it contains | ||||||
19 | evidence of recording by the Surplus Line Association of
| ||||||
20 | Illinois.
| ||||||
21 | (7) Inspection of records. A surplus line producer shall
| ||||||
22 | maintain
separate records of the business transacted under his | ||||||
23 | or her license for 7 years from the policy effective date,
| ||||||
24 | including complete copies of surplus line insurance contracts | ||||||
25 | maintained on
paper or by electronic means, which
records | ||||||
26 | shall be open at all times for inspection by the Director and |
| |||||||
| |||||||
1 | by
the Surplus Line Association of Illinois.
| ||||||
2 | (8) Violations and penalties. The Director may suspend or | ||||||
3 | revoke or
refuse to renew a surplus line producer license for | ||||||
4 | any violation of this Code.
In addition to or in lieu of | ||||||
5 | suspension or revocation, the Director may
subject a surplus | ||||||
6 | line producer
to a civil penalty of up to $2,000 for each cause | ||||||
7 | for suspension
or
revocation. Such penalty is enforceable | ||||||
8 | under subsection (5) of Section
403A of this Code.
| ||||||
9 | Whenever it appears to the satisfaction of the Director | ||||||
10 | that a surplus line producer has made a documented good faith | ||||||
11 | determination of the home state for a surplus line insurance | ||||||
12 | contract and has paid the surplus line taxes to a state other | ||||||
13 | than Illinois, and the Director determines that the producer's | ||||||
14 | good faith determination was incorrect and the home state is | ||||||
15 | Illinois, the surplus line producer may, at the discretion of | ||||||
16 | the Director, be required to submit the contract to the | ||||||
17 | Surplus Line Association of Illinois and pay applicable taxes | ||||||
18 | and recording fees, but there shall be no penalty, interest, | ||||||
19 | or late fee assessed. | ||||||
20 | (9) Director may declare insurer ineligible. If the
| ||||||
21 | Director determines
that the further assumption of risks might | ||||||
22 | be hazardous to the
policyholders of an unauthorized insurer, | ||||||
23 | the Director may
order the
Surplus Line Association of
| ||||||
24 | Illinois not to accept and record insurance contracts | ||||||
25 | evidencing insurance in
such insurer and order surplus line | ||||||
26 | producers to cease
procuring insurance
from such insurer.
|
| |||||||
| |||||||
1 | (10) Service of process upon Director. Insurance contracts
| ||||||
2 | delivered under this Section from unauthorized insurers, other | ||||||
3 | than domestic
surplus line insurers as defined in Section | ||||||
4 | 445a,
shall contain a
provision designating the
Director and | ||||||
5 | his successors in office the true and lawful attorney of the
| ||||||
6 | insurer upon whom may be served all lawful process in any
| ||||||
7 | action, suit or
proceeding arising out of such insurance.
| ||||||
8 | Service of process made upon the Director to be valid | ||||||
9 | hereunder must state
the name of the insured, the name of the | ||||||
10 | unauthorized insurer
and identify
the contract of insurance. | ||||||
11 | The Director at his option is authorized to
forward a copy of | ||||||
12 | the process to the Surplus Line Association of Illinois
for | ||||||
13 | delivery to the unauthorized insurer or the Director may | ||||||
14 | deliver the process to the
unauthorized insurer by other means | ||||||
15 | which he considers to be
reasonably
prompt and certain.
| ||||||
16 | (10.5) Required notice to policyholder. Insurance | ||||||
17 | contracts delivered under this Section from unauthorized | ||||||
18 | insurers, other than domestic surplus line insurers as defined | ||||||
19 | in Section 445a, shall have stamped or imprinted on the first | ||||||
20 | page thereof in not less than 12-pt. bold face type the | ||||||
21 | following legend: "Notice to Policyholder: This contract is | ||||||
22 | issued, pursuant to Section 445 of the Illinois Insurance | ||||||
23 | Code, by a company not authorized and licensed to transact | ||||||
24 | business in Illinois and as such is not covered by the Illinois | ||||||
25 | Insurance Guaranty Fund." Insurance contracts delivered under | ||||||
26 | this Section from domestic surplus line insurers as defined in |
| |||||||
| |||||||
1 | Section 445a shall have stamped or imprinted on the first page | ||||||
2 | thereof in not less than 12-pt. bold face type the following | ||||||
3 | legend: "Notice to Policyholder: This contract is issued by a | ||||||
4 | domestic surplus line insurer, as defined in Section 445a of | ||||||
5 | the Illinois Insurance Code, pursuant to Section 445, and as | ||||||
6 | such is not covered by the Illinois Insurance Guaranty Fund."
| ||||||
7 | (11) Marine, aviation, and transportation. The Illinois | ||||||
8 | Surplus Line law does not apply to insurance of
property and | ||||||
9 | operations of railroads or aircraft engaged in interstate or
| ||||||
10 | foreign commerce, insurance of vessels, crafts or hulls, | ||||||
11 | cargoes, marine
builder's risks, marine protection and | ||||||
12 | indemnity, or other risks including
strikes and war risks | ||||||
13 | insured under ocean or wet marine forms of policies.
| ||||||
14 | (12) Applicability of Illinois Insurance Code. Surplus | ||||||
15 | line insurance procured under this Section, including
| ||||||
16 | insurance procured from a domestic surplus line insurer, is | ||||||
17 | not subject
to the provisions of the Illinois Insurance Code | ||||||
18 | other than Sections 123,
123.1, 401, 401.1, 402, 403, 403A, | ||||||
19 | 408, 412, 445, 445a, 445.1, 445.2, 445.3,
445.4, and all of the | ||||||
20 | provisions of Article XXXI to the extent that the
provisions | ||||||
21 | of Article XXXI are not inconsistent with the terms of this | ||||||
22 | Act.
| ||||||
23 | (Source: P.A. 102-224, eff. 1-1-22 .)
| ||||||
24 | (215 ILCS 5/448) (from Ch. 73, par. 1060)
| ||||||
25 | Sec. 448.
Certain
powers reserved to General Assembly.
|
| |||||||
| |||||||
1 | The General Assembly shall at all times have power to | ||||||
2 | prescribe such
regulations, provisions, and limitations as it | ||||||
3 | may deem advisable, which
regulations, provisions, and | ||||||
4 | limitations shall be binding upon any and all
companies, | ||||||
5 | domestic, foreign or non-domestic alien , subject to the | ||||||
6 | provisions of this
Code, and the General Assembly shall have | ||||||
7 | power to amend, repeal, or modify
this Code at pleasure.
| ||||||
8 | (Source: Laws 1937, p. 696.)
| ||||||
9 | (215 ILCS 5/451) (from Ch. 73, par. 1063)
| ||||||
10 | Sec. 451. Companies
not subject to Code. This Code shall | ||||||
11 | not apply to companies now or hereafter organized or
| ||||||
12 | transacting business under the Title Insurance Act, or Act | ||||||
13 | amendatory thereof,
supplementary thereto, or in replacement | ||||||
14 | thereof; nor to corporations now or hereafter organized and
| ||||||
15 | transacting business under "An Act to provide for the | ||||||
16 | incorporation and
regulation of nonprofit hospital service | ||||||
17 | corporations" approved July 6,
1935, or Act amendatory thereof | ||||||
18 | or supplementary thereto; nor shall any
part of this Code | ||||||
19 | other than Articles X, XI, XIII, and XXIV apply to
companies | ||||||
20 | now or hereafter organized or transacting business under an | ||||||
21 | Act
entitled, "An Act relating to local mutual district, | ||||||
22 | county and township
insurance companies," approved March 13, | ||||||
23 | 1936, or Act amendatory thereof
or supplementary thereto. No | ||||||
24 | domestic company shall be organized under this
Code, nor shall | ||||||
25 | any foreign or non-domestic alien company receive a |
| |||||||
| |||||||
1 | certificate of
authority under this Code, to transact the | ||||||
2 | business of title insurance. The changes made to this Section | ||||||
3 | by Public Act 96-334 are a statement and clarification of | ||||||
4 | existing law.
| ||||||
5 | (Source: P.A. 96-334, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| ||||||
6 | (215 ILCS 5/531.09) (from Ch. 73, par. 1065.80-9)
| ||||||
7 | Sec. 531.09. Assessments. | ||||||
8 | (1) For the purpose of providing the funds
necessary to | ||||||
9 | carry out the powers and duties of the Association, the board
| ||||||
10 | of directors shall assess the member insurers, separately for | ||||||
11 | each account, at such
times and for such amounts as the board | ||||||
12 | finds necessary. Assessments shall
be due not less than 30 | ||||||
13 | days after written notice to the member insurers
and shall | ||||||
14 | accrue interest from the due date at such adjusted rate as is
| ||||||
15 | established under Section 6621 of Chapter 26 of the United | ||||||
16 | States Code and
such interest shall be compounded daily.
| ||||||
17 | (2) There shall be 2 classes of assessments, as follows:
| ||||||
18 | (a) Class A assessments shall be made for the purpose | ||||||
19 | of meeting administrative
costs and other general expenses | ||||||
20 | and examinations conducted under the authority
of the | ||||||
21 | Director under subsection (5) of Section 531.12.
| ||||||
22 | (b) Class B assessments shall be made to the extent | ||||||
23 | necessary to carry
out the powers and duties of the | ||||||
24 | Association under Section 531.08 with regard
to an | ||||||
25 | impaired or insolvent domestic insurer or insolvent |
| |||||||
| |||||||
1 | foreign or non-domestic alien insurers.
| ||||||
2 | (3)(a) The amount of any Class A assessment shall be | ||||||
3 | determined at the discretion of the board of directors and | ||||||
4 | such assessments shall be authorized and called on a non-pro | ||||||
5 | rata basis. The amount of any Class B
assessment, except for | ||||||
6 | assessments related to long-term care insurance, shall be | ||||||
7 | allocated for assessment
purposes among the accounts
and | ||||||
8 | subaccounts pursuant to an allocation formula which may be | ||||||
9 | based on
the premiums or reserves of the impaired or insolvent | ||||||
10 | insurer or any other
standard deemed by the board in its sole | ||||||
11 | discretion as being fair and
reasonable under the | ||||||
12 | circumstances.
| ||||||
13 | (b) Class B assessments against member insurers for each | ||||||
14 | account and
subaccount shall
be in the proportion that the | ||||||
15 | premiums received on business in this State
by each assessed | ||||||
16 | member insurer on policies or contracts covered by
each | ||||||
17 | account or subaccount for the three most recent calendar years
| ||||||
18 | for which information is available preceding the year in which | ||||||
19 | the member insurer
became impaired or insolvent, as the case | ||||||
20 | may be, bears to such premiums
received on business in this | ||||||
21 | State for such calendar years by all assessed
member insurers.
| ||||||
22 | (b-5) The amount of the Class B assessment for long-term | ||||||
23 | care insurance written by the impaired or insolvent insurer | ||||||
24 | shall be allocated according to a methodology included in the | ||||||
25 | plan of operation and approved by the Director. The | ||||||
26 | methodology shall provide for 50% of the assessment to be |
| |||||||
| |||||||
1 | allocated to accident and health member insurers and 50% to be | ||||||
2 | allocated to life and annuity member insurers. | ||||||
3 | (c) Assessments for funds to meet the requirements of the | ||||||
4 | Association
with respect to an impaired or insolvent insurer | ||||||
5 | shall not be made until
necessary to implement the purposes of | ||||||
6 | this Article. Classification
of assessments
under subsection | ||||||
7 | (2) and computations of assessments under this subsection
| ||||||
8 | shall be made with a reasonable degree of accuracy, | ||||||
9 | recognizing that exact
determinations may not always be | ||||||
10 | possible.
| ||||||
11 | (4) The Association may abate or defer, in whole or in | ||||||
12 | part, the assessment of a member insurer if, in the opinion of | ||||||
13 | the board, payment of the assessment would endanger the | ||||||
14 | ability of the member insurer to fulfill its contractual | ||||||
15 | obligations. In the event an assessment against a member | ||||||
16 | insurer is abated or deferred in whole or in part the amount by | ||||||
17 | which the assessment is abated or deferred may be assessed | ||||||
18 | against the other member insurers in a manner consistent with | ||||||
19 | the basis for assessments set forth in this Section. Once the | ||||||
20 | conditions that caused a deferral have been removed or | ||||||
21 | rectified, the member insurer shall pay all assessments that | ||||||
22 | were deferred pursuant to a repayment plan approved by the | ||||||
23 | Association. | ||||||
24 | (5) (a) Subject to the provisions of this paragraph, the | ||||||
25 | total of all assessments authorized by the Association with | ||||||
26 | respect to a member insurer for each subaccount of the life |
| |||||||
| |||||||
1 | insurance and annuity account and for the health account shall | ||||||
2 | not in one calendar year exceed 2% of that member insurer's | ||||||
3 | average annual premiums received in this State on the policies | ||||||
4 | and contracts covered by the subaccount or account during the | ||||||
5 | 3 calendar years preceding the year in which the member | ||||||
6 | insurer became an impaired or insolvent insurer. | ||||||
7 | If 2 or more assessments are authorized in one calendar | ||||||
8 | year with respect to member insurers that become impaired or | ||||||
9 | insolvent in different calendar years, the average annual | ||||||
10 | premiums for purposes of the aggregate assessment percentage | ||||||
11 | limitation referenced in subparagraph (a) of this paragraph | ||||||
12 | shall be equal and limited to the higher of the 3-year average | ||||||
13 | annual premiums for the applicable subaccount or account as | ||||||
14 | calculated pursuant to this Section. | ||||||
15 | If the maximum assessment, together with the other assets | ||||||
16 | of the Association in an account, does not provide in one year | ||||||
17 | in either account an amount sufficient to carry out the | ||||||
18 | responsibilities of the Association, the necessary additional | ||||||
19 | funds shall be assessed as soon thereafter as permitted by | ||||||
20 | this Article. | ||||||
21 | (b) The board may provide in the plan of operation a method | ||||||
22 | of allocating funds among claims, whether relating to one or | ||||||
23 | more impaired or insolvent insurers, when the maximum | ||||||
24 | assessment will be insufficient to cover anticipated claims. | ||||||
25 | (c) If the maximum assessment for a subaccount of the life | ||||||
26 | insurance and annuity account in one year does not provide an |
| |||||||
| |||||||
1 | amount sufficient to carry out the responsibilities of the | ||||||
2 | Association, then pursuant to paragraph (b) of subsection (3), | ||||||
3 | the board shall assess the other subaccounts of the life | ||||||
4 | insurance and annuity account for the necessary additional | ||||||
5 | amount, subject to the maximum stated in paragraph (a) of this | ||||||
6 | subsection.
| ||||||
7 | (6) The board may, by an equitable method as established | ||||||
8 | in the
plan of operation, refund to member insurers, in | ||||||
9 | proportion to the contribution
of each member insurer to that | ||||||
10 | account, the amount by which the assets of the account
exceed | ||||||
11 | the amount the board finds is necessary to carry out during the | ||||||
12 | coming
year the obligations of the Association with regard to | ||||||
13 | that account, including
assets accruing from net realized | ||||||
14 | gains and income from investments. A
reasonable amount may be | ||||||
15 | retained in any account to provide funds for the
continuing | ||||||
16 | expenses of the Association and for future losses.
| ||||||
17 | (7) An assessment is deemed to occur on the date upon which | ||||||
18 | the board
votes such assessment. The board may defer calling | ||||||
19 | the payment of the
assessment or may call for payment in one or | ||||||
20 | more installments.
| ||||||
21 | (8) It is proper for any member insurer, in determining | ||||||
22 | its premium
rates and policy owner dividends as to any kind of | ||||||
23 | insurance or health maintenance organization business within | ||||||
24 | the scope of
this Article, to consider the amount reasonably | ||||||
25 | necessary to meet its assessment
obligations under this | ||||||
26 | Article.
|
| |||||||
| |||||||
1 | (9) The Association must issue to each member insurer | ||||||
2 | paying a
Class B assessment
under this Article a certificate | ||||||
3 | of contribution,
in a form acceptable to the
Director, for the | ||||||
4 | amount of the assessment so paid. All outstanding certificates
| ||||||
5 | are of equal
dignity and priority without reference to amounts | ||||||
6 | or dates of issue. A certificate
of contribution may be shown | ||||||
7 | by the member insurer in its financial statement as an asset
in | ||||||
8 | such form and for such amount, if any, and period of time as | ||||||
9 | the Director
may approve, provided the member insurer shall in | ||||||
10 | any event at its option have
the right to show a certificate of | ||||||
11 | contribution as an admitted asset at
percentages of the | ||||||
12 | original face amount for calendar years as follows:
| ||||||
13 | 100% for the calendar year after the year of issuance;
| ||||||
14 | 80% for the second calendar year after the year of | ||||||
15 | issuance;
| ||||||
16 | 60% for the third calendar year after the year of | ||||||
17 | issuance;
| ||||||
18 | 40% for the fourth calendar year after the year of | ||||||
19 | issuance;
| ||||||
20 | 20% for the fifth calendar year after the year of | ||||||
21 | issuance.
| ||||||
22 | (10) The Association may request information of member | ||||||
23 | insurers in order to aid in the exercise of its power under | ||||||
24 | this Section and member insurers shall promptly comply with a | ||||||
25 | request. | ||||||
26 | (Source: P.A. 100-687, eff. 8-3-18.)
|
| |||||||
| |||||||
1 | (215 ILCS 5/531.11) (from Ch. 73, par. 1065.80-11)
| ||||||
2 | Sec. 531.11. Duties and powers of the Director. In | ||||||
3 | addition to
the duties and powers enumerated elsewhere in this | ||||||
4 | Article:
| ||||||
5 | (1) The Director must do all of the following:
| ||||||
6 | (a) Upon request of the board of directors, | ||||||
7 | provide the Association with
a statement of the | ||||||
8 | premiums in the appropriate accounts for each
member | ||||||
9 | insurer.
| ||||||
10 | (b) Notify the board of directors of the existence | ||||||
11 | of an impaired or
insolvent
insurer not later than 3 | ||||||
12 | days after a determination of impairment or insolvency
| ||||||
13 | is made or when the Director receives notice of | ||||||
14 | impairment or insolvency.
| ||||||
15 | (c) Give notice to an impaired insurer as required | ||||||
16 | by Sections
34 or 60. Notice to the impaired insurer | ||||||
17 | shall constitute
notice to its shareholders, if any.
| ||||||
18 | (d) In any liquidation or rehabilitation | ||||||
19 | proceeding involving
a domestic member insurer, be | ||||||
20 | appointed as the liquidator or rehabilitator. If
a | ||||||
21 | foreign or non-domestic alien member insurer is | ||||||
22 | subject to a liquidation proceeding
in its domiciliary
| ||||||
23 | jurisdiction or state of entry, the Director shall be | ||||||
24 | appointed conservator.
| ||||||
25 | (2) The Director may suspend or revoke, after notice |
| |||||||
| |||||||
1 | and hearing,
the certificate of authority to transact | ||||||
2 | business in this State of any member
insurer which fails | ||||||
3 | to pay an assessment when due or fails to comply with the
| ||||||
4 | plan
of operation. As an alternative the Director may levy | ||||||
5 | a forfeiture on any
member
insurer which fails to pay an | ||||||
6 | assessment when due. Such forfeiture may not
exceed
5% of | ||||||
7 | the unpaid assessment per month, but no forfeiture may be | ||||||
8 | less than
$100 per month.
| ||||||
9 | (3) Any action of the board of directors or the | ||||||
10 | Association may be
appealed to the Director by any member | ||||||
11 | insurer or any other person
adversely affected by such | ||||||
12 | action if such appeal is taken within 30
days of the action | ||||||
13 | being appealed. Any final action or order of the Director
| ||||||
14 | is subject to judicial review in a court of competent | ||||||
15 | jurisdiction.
| ||||||
16 | (4) The liquidator, rehabilitator, or conservator of | ||||||
17 | any impaired insurer
may notify all interested persons of | ||||||
18 | the effect of this Article.
| ||||||
19 | (Source: P.A. 100-687, eff. 8-3-18.)
| ||||||
20 | (215 ILCS 5/534.5) (from Ch. 73, par. 1065.84-5)
| ||||||
21 | Sec. 534.5. Member company. "Member Company" means any | ||||||
22 | insurance
company organized as a
stock company, mutual | ||||||
23 | company, reciprocal or Lloyds, which holds a certificate
of | ||||||
24 | authority to transact
any kind of insurance in this State to
| ||||||
25 | which this Article applies, and which is either:
|
| |||||||
| |||||||
1 | (a) a domestic insurance company formed before or after | ||||||
2 | the
effective date of this Article; or
| ||||||
3 | (b) a foreign or non-domestic alien insurance company.
| ||||||
4 | An insurance company shall cease to be a member company | ||||||
5 | effective on the
day following the termination or expiration | ||||||
6 | of its license to transact the
kinds of insurance to which this | ||||||
7 | Article applies; provided, however, that the
insurance company | ||||||
8 | shall remain liable as a member company for any and all
| ||||||
9 | obligations, including obligations for assessments levied | ||||||
10 | before the
termination or expiration of the insurance | ||||||
11 | company's license and assessments
levied after the termination | ||||||
12 | or expiration, based on any insolvency as to which
the | ||||||
13 | determination of insolvency by a court of competent | ||||||
14 | jurisdiction occurs
before the termination or expiration of | ||||||
15 | the insurance company's license.
| ||||||
16 | (Source: P.A. 89-97, eff. 7-7-95.)
| ||||||
17 | (215 ILCS 5/543.1) (from Ch. 73, par. 1065.93-1)
| ||||||
18 | Sec. 543.1.
The Director shall serve a copy of the | ||||||
19 | complaint seeking an
Order of Liquidation with a finding of | ||||||
20 | insolvency against a domestic member
company on the Fund at | ||||||
21 | the same time that such complaint is filed with the circuit | ||||||
22 | court
or shall forward to the Fund notice of the filing of such | ||||||
23 | a complaint
against a foreign or non-domestic alien member | ||||||
24 | company promptly upon receipt thereof.
The Director also shall | ||||||
25 | serve on the Fund a copy of an Order of
Liquidation with a |
| |||||||
| |||||||
1 | finding of insolvency against a domestic member company
| ||||||
2 | immediately after it is entered by the circuit court or shall | ||||||
3 | forward to
the Fund a copy of such order against a foreign or | ||||||
4 | non-domestic alien member company
promptly upon receipt | ||||||
5 | thereof.
| ||||||
6 | (Source: P.A. 85-576.)
| ||||||
7 | (215 ILCS 5/1103) (from Ch. 73, par. 1065.803)
| ||||||
8 | Sec. 1103. Name. The corporate name of any trust organized | ||||||
9 | under this
Article shall not be the same as or deceptively | ||||||
10 | similar to the name of any
domestic insurance company or of any | ||||||
11 | foreign or non-domestic alien insurance company
authorized to | ||||||
12 | transact business in this State.
| ||||||
13 | (Source: P.A. 84-1431.)
| ||||||
14 | Section 95. The Reinsurance Intermediary Act is amended by | ||||||
15 | changing Section 5 as follows:
| ||||||
16 | (215 ILCS 100/5) (from Ch. 73, par. 1605)
| ||||||
17 | Sec. 5. Definitions.
| ||||||
18 | "Actuary" means a person who is a member in good standing | ||||||
19 | of the American
Academy of Actuaries.
| ||||||
20 | "Controlling person" means any person, firm, association, | ||||||
21 | or corporation
that directly or indirectly has the power to | ||||||
22 | direct or cause to be
directed the management, control, or | ||||||
23 | activities of the reinsurance intermediary.
|
| |||||||
| |||||||
1 | "Director" means the Director of the Department of | ||||||
2 | Insurance.
| ||||||
3 | "Insurer" means any person, firm, association, or | ||||||
4 | corporation duly
licensed in this State under the applicable | ||||||
5 | provisions of law as an insurer.
| ||||||
6 | "Licensed producer" means an agent, broker, or reinsurance | ||||||
7 | intermediary
licensed under the applicable provision of the | ||||||
8 | insurance law.
| ||||||
9 | "Reinsurance intermediary" means an intermediary broker or | ||||||
10 | a manager.
| ||||||
11 | "Intermediary broker" means any person, other than an | ||||||
12 | officer or employee
of the ceding insurer, firm, association, | ||||||
13 | or corporation, who solicits,
negotiates, or places | ||||||
14 | reinsurance cessions or retrocessions on behalf of a
ceding | ||||||
15 | insurer without the authority or power to bind reinsurance on | ||||||
16 | behalf
of the insurer.
| ||||||
17 | "Intermediary manager" means any person, firm, | ||||||
18 | association, or
corporation that has authority to bind or | ||||||
19 | manages all or part of the
assumed reinsurance business of a | ||||||
20 | reinsurer (including the management of a
separate division, | ||||||
21 | department, or underwriting office) and acts as an agent
for | ||||||
22 | the reinsurer. However, the following persons shall not be | ||||||
23 | considered
an intermediary manager, with respect to the | ||||||
24 | reinsurer, for the purposes of this Act:
| ||||||
25 | (1) An employee of the reinsurer.
| ||||||
26 | (2) A U.S. Manager of the United States branch of a |
| |||||||
| |||||||
1 | non-domestic an alien reinsurer.
| ||||||
2 | (3) An underwriting manager that, under a contract, | ||||||
3 | manages all
the reinsurance operations of the reinsurer, | ||||||
4 | is under common control with
the reinsurer, subject to | ||||||
5 | Article VIII 1/2 of the Illinois Insurance Code, and
whose | ||||||
6 | compensation is
not based on the volume of premiums | ||||||
7 | written.
| ||||||
8 | (4) The manager of a group, association, pool, or | ||||||
9 | organization of
insurers that engage in joint underwriting | ||||||
10 | or joint reinsurance and who are
subject to examinations | ||||||
11 | by the insurance regulatory authority of the state
in | ||||||
12 | which the manager's principal business office is located.
| ||||||
13 | "Reinsurer" means any person, firm, association, or | ||||||
14 | corporation duly
licensed in this State under the applicable | ||||||
15 | provisions of law as an
insurer with the authority to assume | ||||||
16 | reinsurance.
| ||||||
17 | "To be in violation" means that the reinsurance | ||||||
18 | intermediary, insurer, or
reinsurer for whom the reinsurance | ||||||
19 | intermediary was acting failed to
substantially comply with | ||||||
20 | the provisions of this Act.
| ||||||
21 | "Qualified United States financial institution" means an | ||||||
22 | institution that:
| ||||||
23 | (1) is organized or (in the case of a U.S. office of a | ||||||
24 | foreign banking
organization) licensed under the laws of | ||||||
25 | the United States or any state thereof;
| ||||||
26 | (2) is regulated, supervised, and examined by federal |
| |||||||
| |||||||
1 | or state
authorities having regulatory authority over | ||||||
2 | banks and trust companies; and
| ||||||
3 | (3) has been determined by either the Director or the | ||||||
4 | Securities
Valuation Office of the National Association of | ||||||
5 | Insurance Commissioners to
meet the standards of financial | ||||||
6 | condition and standing as are considered
necessary and | ||||||
7 | appropriate to regulate the quality of financial | ||||||
8 | institutions
whose letters of credit will be acceptable to | ||||||
9 | the Director.
| ||||||
10 | (Source: P.A. 87-108.)
| ||||||
11 | Section 100. The Comprehensive Health Insurance Plan Act | ||||||
12 | is amended by changing Section 7 as follows: | ||||||
13 | (215 ILCS 105/7) (from Ch. 73, par. 1307) | ||||||
14 | Sec. 7. Eligibility. | ||||||
15 | a. Except as provided in subsection (e) of this Section or | ||||||
16 | in Section
15 of this Act, any person who is either a citizen | ||||||
17 | of the United States or a noncitizen an
alien lawfully | ||||||
18 | admitted for permanent residence and who has been for a period
| ||||||
19 | of at least 180 days and continues to be a resident of this | ||||||
20 | State shall be
eligible for Plan coverage under this Section | ||||||
21 | if evidence is provided of: | ||||||
22 | (1) A notice of rejection or refusal to issue | ||||||
23 | substantially
similar individual health insurance coverage | ||||||
24 | for health reasons by a
health insurance issuer; |
| |||||||
| |||||||
1 | (2) A refusal by a health insurance issuer to issue | ||||||
2 | individual
health insurance coverage except at a rate | ||||||
3 | exceeding the
applicable Plan rate for which the person is | ||||||
4 | responsible; or | ||||||
5 | (3) The absence of available health insurance coverage | ||||||
6 | for a person under 19 years of age. | ||||||
7 | A rejection or refusal by a group health plan or health | ||||||
8 | insurance issuer
offering only
stop-loss or excess of loss | ||||||
9 | insurance or contracts,
agreements, or other arrangements for | ||||||
10 | reinsurance coverage with respect
to the applicant shall not | ||||||
11 | be sufficient evidence under this subsection. | ||||||
12 | b. The Board shall promulgate a list of medical or health | ||||||
13 | conditions for
which a person who is either a citizen of the | ||||||
14 | United States or a noncitizen an
alien lawfully admitted for | ||||||
15 | permanent residence and a resident of this State
would be | ||||||
16 | eligible for Plan coverage without applying for
health | ||||||
17 | insurance coverage pursuant to subsection a. of this Section.
| ||||||
18 | Persons who
can demonstrate the existence or history of any | ||||||
19 | medical or health
conditions on the list promulgated by the | ||||||
20 | Board shall not be required to
provide the evidence specified | ||||||
21 | in subsection a. of this Section. The list
shall be effective
| ||||||
22 | on the first day of the operation of the Plan and may be | ||||||
23 | amended from time
to time as appropriate. | ||||||
24 | c. Family members of the same household who each are | ||||||
25 | covered
persons are
eligible for optional family coverage | ||||||
26 | under the Plan. |
| |||||||
| |||||||
1 | d. For persons qualifying for coverage in accordance with | ||||||
2 | Section 7 of
this Act, the Board shall, if it determines that | ||||||
3 | such appropriations as are
made pursuant to Section 12 of this | ||||||
4 | Act are insufficient to allow the Board
to accept all of the | ||||||
5 | eligible persons which it projects will apply for
enrollment | ||||||
6 | under the Plan, limit or close enrollment to ensure that the
| ||||||
7 | Plan is not over-subscribed and that it has sufficient | ||||||
8 | resources to meet
its obligations to existing enrollees. The | ||||||
9 | Board shall not limit or close
enrollment for federally | ||||||
10 | eligible individuals. | ||||||
11 | e. A person shall not be eligible for coverage under the | ||||||
12 | Plan if: | ||||||
13 | (1) He or she has or obtains other coverage under a | ||||||
14 | group health plan
or health insurance coverage
| ||||||
15 | substantially similar to or better than a Plan policy as | ||||||
16 | an insured or
covered dependent or would be eligible to | ||||||
17 | have that coverage if he or she
elected to obtain it. | ||||||
18 | Persons otherwise eligible for Plan coverage may,
however, | ||||||
19 | solely for the purpose of having coverage for a | ||||||
20 | pre-existing
condition, maintain other coverage only while | ||||||
21 | satisfying any pre-existing
condition waiting period under | ||||||
22 | a Plan policy or a subsequent replacement
policy of a Plan | ||||||
23 | policy. | ||||||
24 | (1.1) His or her prior coverage under a group health | ||||||
25 | plan or health
insurance coverage, provided or arranged by | ||||||
26 | an employer of more than 10 employees was discontinued
for |
| |||||||
| |||||||
1 | any reason without the entire group or plan being | ||||||
2 | discontinued and not
replaced, provided he or she remains | ||||||
3 | an employee, or dependent thereof, of the
same employer. | ||||||
4 | (2) He or she is a recipient of or is approved to | ||||||
5 | receive medical
assistance, except that a person may | ||||||
6 | continue to receive medical
assistance through the medical | ||||||
7 | assistance no grant program, but only
while satisfying the | ||||||
8 | requirements for a preexisting condition under
Section 8, | ||||||
9 | subsection f. of this Act. Payment of premiums pursuant to | ||||||
10 | this
Act shall be allocable to the person's spenddown for | ||||||
11 | purposes of the
medical assistance no grant program, but | ||||||
12 | that person shall not be
eligible for any Plan benefits | ||||||
13 | while that person remains eligible for
medical assistance. | ||||||
14 | If the person continues to receive
or be approved to | ||||||
15 | receive medical assistance through the medical
assistance | ||||||
16 | no grant program at or after the time that requirements | ||||||
17 | for a
preexisting condition are satisfied, the person | ||||||
18 | shall not be eligible for
coverage under the Plan. In that | ||||||
19 | circumstance, coverage under the Plan
shall terminate as | ||||||
20 | of the expiration of the preexisting condition
limitation | ||||||
21 | period. Under all other circumstances, coverage under the | ||||||
22 | Plan
shall automatically terminate as of the effective | ||||||
23 | date of any medical
assistance. | ||||||
24 | (3) Except as provided in Section 15, the person has | ||||||
25 | previously
participated in the Plan and voluntarily
| ||||||
26 | terminated Plan coverage, unless 12 months have elapsed
|
| |||||||
| |||||||
1 | since the person's
latest voluntary termination of | ||||||
2 | coverage. | ||||||
3 | (4) The person fails to pay the required premium under | ||||||
4 | the covered
person's
terms of enrollment and | ||||||
5 | participation, in which event the liability of the
Plan | ||||||
6 | shall be limited to benefits incurred under the Plan for | ||||||
7 | the time
period for which premiums had been paid and the | ||||||
8 | covered person remained
eligible for Plan coverage. | ||||||
9 | (5) The Plan has paid a total of
$5,000,000
in | ||||||
10 | benefits
on behalf of the covered person. | ||||||
11 | (6) The person is a resident of a public institution. | ||||||
12 | (7) The person's premium is paid for or reimbursed | ||||||
13 | under any
government sponsored program or by any | ||||||
14 | government agency or health
care provider, except as an | ||||||
15 | otherwise qualifying full-time employee, or
dependent of | ||||||
16 | such employee, of a government agency or health care | ||||||
17 | provider
or, except when a person's premium is paid by the | ||||||
18 | U.S. Treasury Department
pursuant to the federal Trade Act | ||||||
19 | of 2002. | ||||||
20 | (8) The person has or later receives other benefits or | ||||||
21 | funds from
any settlement, judgement, or award resulting | ||||||
22 | from any accident or injury,
regardless of the date of the | ||||||
23 | accident or injury, or any other
circumstances creating a | ||||||
24 | legal liability for damages due that person by a
third | ||||||
25 | party, whether the settlement, judgment, or award is in | ||||||
26 | the form of a
contract, agreement, or trust on behalf of a |
| |||||||
| |||||||
1 | minor or otherwise and whether
the settlement, judgment, | ||||||
2 | or award is payable to the person, his or her
dependent, | ||||||
3 | estate, personal representative, or guardian in a lump sum | ||||||
4 | or
over time, so long as there continues to be benefits or | ||||||
5 | assets remaining
from those sources in an amount in excess | ||||||
6 | of $300,000. | ||||||
7 | (9) Within the 5 years prior to the date a person's | ||||||
8 | Plan application is
received by the Board, the person's | ||||||
9 | coverage under any health care benefit
program as defined | ||||||
10 | in 18 U.S.C. 24, including any public or private plan or
| ||||||
11 | contract under which any
medical benefit, item, or service | ||||||
12 | is provided, was terminated as a result of
any act or | ||||||
13 | practice that constitutes fraud under State or federal law | ||||||
14 | or as a
result of an intentional misrepresentation of | ||||||
15 | material fact; or if that person
knowingly and willfully | ||||||
16 | obtained or attempted to obtain, or fraudulently aided
or | ||||||
17 | attempted to aid any other person in obtaining, any | ||||||
18 | coverage or benefits
under the Plan to which that person | ||||||
19 | was not entitled. | ||||||
20 | f. The Board or the administrator shall require | ||||||
21 | verification of
residency and may require any additional | ||||||
22 | information or documentation, or
statements under oath, when | ||||||
23 | necessary to determine residency upon initial
application and | ||||||
24 | for the entire term of the policy. | ||||||
25 | g. Coverage shall cease (i) on the date a person is no | ||||||
26 | longer a
resident of Illinois, (ii) on the date a person |
| |||||||
| |||||||
1 | requests coverage to end,
(iii) upon the death of the covered | ||||||
2 | person, (iv) on the date State law
requires cancellation of | ||||||
3 | the policy, or (v) at the Plan's option, 30 days
after the Plan | ||||||
4 | makes any inquiry concerning a person's eligibility or place
| ||||||
5 | of residence to which the person does not reply. | ||||||
6 | h. Except under the conditions set forth in subsection g | ||||||
7 | of this
Section, the coverage of any person who ceases to meet | ||||||
8 | the
eligibility requirements of this Section shall be | ||||||
9 | terminated at the end of
the current policy period for which | ||||||
10 | the necessary premiums have been paid. | ||||||
11 | (Source: P.A. 96-938, eff. 6-24-10; 97-661, eff. 1-13-12 .) | ||||||
12 | Section 105. The Religious and Charitable Risk Pooling | ||||||
13 | Trust Act is amended by changing Section 15 as follows:
| ||||||
14 | (215 ILCS 150/15) (from Ch. 148, par. 215)
| ||||||
15 | Sec. 15. Ineligible beneficiaries. A beneficiary is | ||||||
16 | ineligible (1) if
it is not exempt from
taxation under | ||||||
17 | paragraph (3) of subsection (c) of Section 501 of the
Internal | ||||||
18 | Revenue Code of 1954 as amended, or an affiliate of a | ||||||
19 | corporation
exempt from taxation under paragraph (3) of | ||||||
20 | subsection (c) of Section 501 of
the Internal Revenue Code, as | ||||||
21 | amended, and exempt from taxation under paragraph
(2) of | ||||||
22 | subsection (c) of Section 501 of the Internal Revenue Code of | ||||||
23 | 1954, as
amended, or tax exempt as a unit of local
government | ||||||
24 | or as a hospital owned and operated by a unit of local |
| |||||||
| |||||||
1 | government; (2) if a corporation, it
is not incorporated as a | ||||||
2 | not-for-profit corporation; or (3) if a
foreign
or | ||||||
3 | non-domestic alien corporation, it no longer has a Certificate | ||||||
4 | of Authority issued
by the Secretary of State.
| ||||||
5 | (Source: P.A. 92-99, eff. 7-20-01.)
| ||||||
6 | Section 110. The Title Insurance Act is amended by | ||||||
7 | changing Sections 11 and 15.1 as follows:
| ||||||
8 | (215 ILCS 155/11) (from Ch. 73, par. 1411)
| ||||||
9 | Sec. 11. Statutory premium reserve.
| ||||||
10 | (a) A domestic title insurance company shall establish and
| ||||||
11 | maintain a statutory premium reserve computed in accordance | ||||||
12 | with this
Section. The reserve shall be reported as a | ||||||
13 | liability of the title
insurance company in its financial | ||||||
14 | statements. The statutory premium
reserve shall be maintained | ||||||
15 | by the title insurance company for the
protection of holders | ||||||
16 | of title insurance policies. Except as provided in
this | ||||||
17 | Section, assets equal in value to the statutory premium | ||||||
18 | reserve are
not subject to distribution among creditors or | ||||||
19 | stockholders of the title
insurance company until all claims | ||||||
20 | of policyholders or claims under
reinsurance contracts have | ||||||
21 | been paid in full and discharged,
lawfully reinsured, or | ||||||
22 | otherwise assumed by another title insurance company | ||||||
23 | authorized to do business under this Act.
| ||||||
24 | (b) A foreign or non-domestic alien title insurance |
| |||||||
| |||||||
1 | company authorized to do business
under this Act shall | ||||||
2 | maintain at least the same reserves on title insurance
| ||||||
3 | policies issued on properties located in this State as are | ||||||
4 | required of
domestic title insurance companies.
| ||||||
5 | (c) The statutory premium reserve shall consist of:
| ||||||
6 | (1) the amount of the statutory premium reserve on | ||||||
7 | January 1, 1990; and
| ||||||
8 | (2) a sum equal to 12 1/2 cents for each $1,000 of net | ||||||
9 | retained liability
under each title insurance policy on a | ||||||
10 | single risk written on properties
located in this State | ||||||
11 | after January 1, 1990.
| ||||||
12 | (d) Amounts placed in the statutory premium reserve in any | ||||||
13 | year in
accordance with this Section shall be deducted in | ||||||
14 | determining the net
profit of the title insurance company for | ||||||
15 | that year.
| ||||||
16 | (e) A title insurance company shall release from the | ||||||
17 | statutory premium
reserve a sum equal to 10% of the amount | ||||||
18 | added to the reserve during
a calendar year on July 1 of each | ||||||
19 | of the 5 years following the year in
which the sum was added, | ||||||
20 | and shall release from the statutory premium
reserve a sum | ||||||
21 | equal to 3 1/3% of the amount added to the reserve during
that | ||||||
22 | year on each succeeding July 1 until the entire amount for that | ||||||
23 | year
has been released. The amount of the statutory premium | ||||||
24 | reserve or similar
premium reserve maintained before January | ||||||
25 | 1, 1990,
shall be released in accordance with the law in effect | ||||||
26 | before January 1,
1990.
|
| |||||||
| |||||||
1 | (f) This reserve is independent of the deposit | ||||||
2 | requirements of Section 4 of this Act.
| ||||||
3 | (Source: P.A. 94-893, eff. 6-20-06.)
| ||||||
4 | (215 ILCS 155/15.1)
| ||||||
5 | Sec. 15.1. No taxes to be imposed by political | ||||||
6 | subdivisions. The fees,
charges, and taxes provided for by | ||||||
7 | this Act shall be in lieu of all license
fees or privilege or | ||||||
8 | occupation taxes or other fees levied or assessed by any
| ||||||
9 | municipality, county, or other political subdivision of this | ||||||
10 | State. No
municipality, county, or other political subdivision | ||||||
11 | of this State shall impose
any license fee or privilege or | ||||||
12 | occupation tax or fee upon any domestic,
foreign, or | ||||||
13 | non-domestic alien company, or upon any of its agents, for the
| ||||||
14 | privilege of doing insurance business therein. This Section | ||||||
15 | shall not be
construed to prohibit the levy and collection of | ||||||
16 | State, county, or municipal
taxes upon the real and personal | ||||||
17 | property of the company, including the tax
imposed by | ||||||
18 | subsections (c) and (d) of Section 201 of the Illinois Income | ||||||
19 | Tax
Act. This Section 15.1 is declared to be
a denial and | ||||||
20 | limitation of the powers of home rule units pursuant to | ||||||
21 | paragraph
(g) of Section 6 of Article VII of the Illinois | ||||||
22 | Constitution of 1970.
| ||||||
23 | (Source: P.A. 90-317, eff. 8-1-97.)
| ||||||
24 | Section 115. The Viatical Settlements Act of 2009 is |
| |||||||
| |||||||
1 | amended by changing Sections 5 and 30 as follows: | ||||||
2 | (215 ILCS 159/5)
| ||||||
3 | Sec. 5. Definitions. | ||||||
4 | "Accredited investor" means an accredited investor as | ||||||
5 | defined in Rule 501(a) promulgated under the Securities Act of | ||||||
6 | 1933 (15 U.S.C. 77 et seq.), as amended. | ||||||
7 | "Advertising" means any written, electronic, or printed | ||||||
8 | communication or any communication by means of recorded | ||||||
9 | telephone messages or transmitted on radio, television, the | ||||||
10 | Internet, or similar communications media, including film | ||||||
11 | strips, digital picture slides, motion pictures, and videos | ||||||
12 | published, disseminated, circulated, or placed before the | ||||||
13 | public in this State, for the purpose of creating an interest | ||||||
14 | in or inducing a person to sell, assign, devise, bequest, or | ||||||
15 | transfer the death benefit or ownership of a policy pursuant | ||||||
16 | to a viatical settlement contract. | ||||||
17 | " Non-domestic Alien licensee" means a licensee | ||||||
18 | incorporated or organized under the laws of any country other | ||||||
19 | than the United States. | ||||||
20 | "Business of viatical settlements" means any activity | ||||||
21 | involved in, but not limited to, the offering, soliciting, | ||||||
22 | negotiating, procuring, effectuating, purchasing, investing, | ||||||
23 | financing, monitoring, tracking, underwriting, selling, | ||||||
24 | transferring, assigning, pledging, or hypothecating or in any | ||||||
25 | other manner acquiring an interest in a life insurance policy |
| |||||||
| |||||||
1 | by means of a viatical settlement contract or other agreement. | ||||||
2 | "Chronically ill" means having been certified within the | ||||||
3 | preceding 12-month period by a licensed health professional | ||||||
4 | as: | ||||||
5 | (1) being unable to perform, without substantial | ||||||
6 | assistance from another individual and for at least 90 | ||||||
7 | days due to a loss of functional capacity, at least 2 | ||||||
8 | activities of daily living, including, but not limited to, | ||||||
9 | eating, toileting, transferring, bathing, dressing, or | ||||||
10 | continence; | ||||||
11 | (2) requiring substantial supervision to protect the | ||||||
12 | individual from threats to health and safety due to severe | ||||||
13 | cognitive impairment; or | ||||||
14 | (3) having a level of disability similar to that | ||||||
15 | described in paragraph (1) as determined by the Secretary | ||||||
16 | of Health and Human Services. | ||||||
17 | "Controlling person" means any person, firm, association, | ||||||
18 | or corporation that directly or indirectly has the power to | ||||||
19 | direct or cause to be directed the management, control, or | ||||||
20 | activities of the viatical settlement provider. | ||||||
21 | "Director" means the Director of the Division of Insurance | ||||||
22 | of the Department of Financial and Professional Regulation. | ||||||
23 | "Division" means the Division of Insurance of the | ||||||
24 | Department of Financial and Professional Regulation. | ||||||
25 | "Escrow agent" means an independent third-party person | ||||||
26 | who, pursuant to a written agreement signed by the viatical |
| |||||||
| |||||||
1 | settlement provider and viator, provides escrow services | ||||||
2 | related to the acquisition of a life insurance policy pursuant | ||||||
3 | to a viatical settlement contract. "Escrow agent" does not | ||||||
4 | include
any person associated or affiliated with or under the | ||||||
5 | control of a
licensee. | ||||||
6 | "Financial institution" means a financial institution as | ||||||
7 | defined by the Financial Institutions Insurance Sales Law in | ||||||
8 | Article XLIV of the Illinois Insurance Code. | ||||||
9 | "Financing entity" means an underwriter, placement agent, | ||||||
10 | lender, purchaser of securities, purchaser of a policy or | ||||||
11 | certificate from a viatical settlement provider, credit | ||||||
12 | enhancer, or an entity that has a direct ownership in a policy | ||||||
13 | that is the subject of a viatical settlement contract, and to | ||||||
14 | which both of the following apply: | ||||||
15 | (1) its principal activity related to the transaction | ||||||
16 | is providing funds to effect the viatical settlement or | ||||||
17 | purchase of one or more viaticated policies; and | ||||||
18 | (2) it has an agreement in writing with one or more | ||||||
19 | licensed viatical settlement providers to finance the | ||||||
20 | acquisition of viatical settlement contracts. | ||||||
21 | "Financing entity" does not include an investor that is not an | ||||||
22 | accredited investor. | ||||||
23 | "Financing transaction" means a transaction in which a | ||||||
24 | viatical
settlement provider obtains financing from a | ||||||
25 | financing entity,
including, without limitation, any secured | ||||||
26 | or unsecured financing,
securitization transaction, or |
| |||||||
| |||||||
1 | securities offering that
either is registered or exempt from | ||||||
2 | registration under federal and
State securities law. | ||||||
3 | "Foreign licensee" means any viatical settlement provider | ||||||
4 | incorporated or organized under the laws of any state of the | ||||||
5 | United States other than this State. | ||||||
6 | "Insurance producer" means an insurance producer as | ||||||
7 | defined by Section 10 of Article XXXI of the Illinois | ||||||
8 | Insurance Code. | ||||||
9 | "Licensee" means a viatical settlement provider or | ||||||
10 | viatical settlement broker. | ||||||
11 | "Life expectancy provider" means a person who determines | ||||||
12 | or holds himself or herself out as determining life | ||||||
13 | expectancies or mortality ratings used to determine life | ||||||
14 | expectancies on behalf of or in connection with any of the | ||||||
15 | following: | ||||||
16 | (1) A viatical settlement provider, viatical | ||||||
17 | settlement broker, or person engaged in the business of | ||||||
18 | viatical settlements. | ||||||
19 | (2) A viatical investment as defined by Section 2.33 | ||||||
20 | of the Illinois Securities Law of 1953 or a viatical | ||||||
21 | settlement contract. | ||||||
22 | "NAIC" means the National Association of Insurance | ||||||
23 | Commissioners. | ||||||
24 | "Person" means an individual or a legal entity, including, | ||||||
25 | without limitation, a partnership, limited liability company, | ||||||
26 | limited liability partnership, association, trust, business |
| |||||||
| |||||||
1 | trust, or corporation. | ||||||
2 | "Policy" means an individual or group policy, group | ||||||
3 | certificate, contract, or arrangement of insurance of the | ||||||
4 | class defined by subsection (a) of Section 4 of the Illinois | ||||||
5 | Insurance Code owned by a resident of this State, regardless | ||||||
6 | of whether delivered or issued for delivery in this State. | ||||||
7 | "Qualified institutional buyer" means a qualified | ||||||
8 | institutional buyer as defined in Rule 144 promulgated under | ||||||
9 | the Securities Act of 1933, as amended. | ||||||
10 | "Related provider trust" means a titling trust or other | ||||||
11 | trust established by a licensed viatical settlement provider | ||||||
12 | or a financing entity for the sole purpose of holding the | ||||||
13 | ownership or beneficial interest in purchased policies in | ||||||
14 | connection with a financing transaction. The trust shall have | ||||||
15 | a written agreement with the licensed viatical settlement | ||||||
16 | provider under which the licensed viatical settlement provider | ||||||
17 | is responsible for ensuring compliance with all statutory and | ||||||
18 | regulatory requirements and under which the trust agrees to | ||||||
19 | make all records and files related to viatical settlement | ||||||
20 | transactions available to the Director as if those records and | ||||||
21 | files were maintained directly by the licensed viatical | ||||||
22 | settlement provider. | ||||||
23 | "Special purpose entity" means a corporation, partnership, | ||||||
24 | trust, limited liability company, or other similar entity | ||||||
25 | formed only to provide, directly or indirectly, access to | ||||||
26 | institutional capital markets (i) for a financing entity or |
| |||||||
| |||||||
1 | licensed viatical settlement provider; or (ii) in connection | ||||||
2 | with a transaction in which the securities in the special | ||||||
3 | purposes entity are acquired by the viator or by qualified | ||||||
4 | institutional buyers or
the securities pay a fixed rate of | ||||||
5 | return commensurate with established asset-backed | ||||||
6 | institutional capital markets. | ||||||
7 | "Stranger-originated life insurance" or "STOLI" means an | ||||||
8 | act, practice, or arrangement to initiate a life insurance | ||||||
9 | policy for the benefit of a third-party investor who, at the | ||||||
10 | time of policy origination, has no insurable interest in the | ||||||
11 | insured. STOLI practices include, but are not limited to, | ||||||
12 | cases in which life insurance is purchased with resources or | ||||||
13 | guarantees from or through a person or entity who, at the time | ||||||
14 | of policy inception, could not lawfully initiate the policy | ||||||
15 | himself or itself and where, at the time of policy inception, | ||||||
16 | there is an arrangement or agreement, whether verbal or | ||||||
17 | written, to directly or indirectly transfer the ownership of | ||||||
18 | the policy or policy benefits to a third party. Trusts created | ||||||
19 | to give the appearance of an insurable interest and used to | ||||||
20 | initiate policies for investors violate insurance interest | ||||||
21 | laws and the prohibition against wagering on life. STOLI | ||||||
22 | arrangements do not include lawful viatical settlement | ||||||
23 | contracts as permitted by this Act. | ||||||
24 | "Terminally ill" means certified by a physician as having | ||||||
25 | an illness or physical condition that reasonably is expected | ||||||
26 | to result in death in 24 months or less. |
| |||||||
| |||||||
1 | "Viatical settlement broker" means a licensed insurance | ||||||
2 | producer who has been issued a license pursuant to paragraph | ||||||
3 | (1) or (2) of subsection (a) of Section 500-35 of the Illinois | ||||||
4 | Insurance Code who, working exclusively on behalf of a viator | ||||||
5 | and for a fee, commission, or other valuable consideration, | ||||||
6 | offers, solicits, promotes, or attempts to negotiate viatical | ||||||
7 | settlement contracts between a viator and one or more viatical | ||||||
8 | settlement providers or one or more viatical settlement | ||||||
9 | brokers. "Viatical settlement broker" does not include an | ||||||
10 | attorney, certified public accountant, or a financial planner | ||||||
11 | accredited by a nationally recognized accreditation agency, | ||||||
12 | who is retained to represent the viator and whose compensation | ||||||
13 | is not paid directly or indirectly by the viatical settlement | ||||||
14 | provider or purchaser. | ||||||
15 | "Viatical settlement contract" means any of the following: | ||||||
16 | (1) A written agreement between a
viator and a | ||||||
17 | viatical settlement provider establishing the terms under | ||||||
18 | which compensation or anything of value is or will be | ||||||
19 | paid, which compensation or value is less than the | ||||||
20 | expected death benefits of the policy, in return for the | ||||||
21 | viator's present or future assignment, transfer, sale, | ||||||
22 | devise, or bequest of the death benefit or ownership of | ||||||
23 | any portion of the insurance policy. | ||||||
24 | (2) A written agreement for a loan or other lending | ||||||
25 | transaction, secured primarily by an individual life | ||||||
26 | insurance policy or an individual certificate of a group |
| |||||||
| |||||||
1 | life insurance policy. | ||||||
2 | (3) The transfer for compensation or value of | ||||||
3 | ownership of
a beneficial interest in a trust or other | ||||||
4 | entity that owns such policy,
if the trust or other entity | ||||||
5 | was formed or availed of for the
principal purpose of | ||||||
6 | acquiring one or more life insurance contracts and the | ||||||
7 | life insurance contract insures the life of a person | ||||||
8 | residing
in this State. | ||||||
9 | (4) A premium finance loan made for a life insurance | ||||||
10 | policy by a lender to a viator on, before, or after the | ||||||
11 | date of issuance of the policy in either of the following | ||||||
12 | situations: | ||||||
13 | (A) The viator or the insured receives a guarantee | ||||||
14 | of the viatical settlement value of the policy. | ||||||
15 | (B) The viator or the insured agrees to sell the | ||||||
16 | policy or any portion of the policy's death benefit on | ||||||
17 | any date before or after issuance of the policy. | ||||||
18 | "Viatical settlement contract" does not include any of the | ||||||
19 | following acts, practices, or arrangements listed below in | ||||||
20 | subparagraphs (a) through (i) of this definition of "viatical | ||||||
21 | settlement contract", unless part of a plan, scheme, device, | ||||||
22 | or artifice to
avoid application of this Act; provided, | ||||||
23 | however, that the list of excluded items contained in | ||||||
24 | subparagraphs (a) through (i) is not intended to be an | ||||||
25 | exhaustive list and that an act, practice, or arrangement that | ||||||
26 | is not described below in subparagraphs (a) through (i) does |
| |||||||
| |||||||
1 | not necessarily constitute a viatical settlement contract: | ||||||
2 | (a) A policy loan or accelerated death benefit made by | ||||||
3 | the insurer pursuant to the policy's terms;
| ||||||
4 | (b) Loan proceeds that are used solely to pay:
(i) | ||||||
5 | premiums for the policy and
(ii) the costs of the loan, | ||||||
6 | including, without limitation, interest, arrangement fees, | ||||||
7 | utilization fees and similar fees, closing costs, legal | ||||||
8 | fees and expenses, trustee fees and expenses, and third | ||||||
9 | party collateral provider fees and expenses, including | ||||||
10 | fees payable to letter of credit issuers; | ||||||
11 | (c) A loan made by a bank or other financial | ||||||
12 | institution in which the lender takes an interest in a | ||||||
13 | life insurance policy solely to secure repayment of a loan | ||||||
14 | or, if there is a default on the loan and the policy is | ||||||
15 | transferred, the transfer of such a policy by the lender, | ||||||
16 | provided that neither the default itself nor the transfer | ||||||
17 | of the
policy in connection with the default is pursuant | ||||||
18 | to an agreement or understanding with any other person for | ||||||
19 | the purpose of evading regulation under this Act; | ||||||
20 | (d) A loan made by a lender that does not violate | ||||||
21 | Article XXXIIa of the Illinois Insurance Code, provided | ||||||
22 | that the premium finance loan is not described in this | ||||||
23 | Act; | ||||||
24 | (e) An agreement in which all the parties (i) are | ||||||
25 | closely related to the insured by blood or law or (ii) have | ||||||
26 | a lawful substantial economic interest in the continued |
| |||||||
| |||||||
1 | life, health, and bodily safety of the person insured, or | ||||||
2 | trusts established primarily for the benefit of such | ||||||
3 | parties;
| ||||||
4 | (f) Any designation, consent, or agreement by an | ||||||
5 | insured who is an employee of an employer in connection | ||||||
6 | with the purchase by the employer, or trust established by | ||||||
7 | the employer, of life insurance on the life of the | ||||||
8 | employee;
| ||||||
9 | (g) A bona fide business succession planning | ||||||
10 | arrangement:
(i) between one or more shareholders in a | ||||||
11 | corporation or between a corporation and one or more of | ||||||
12 | its shareholders or one or more trusts established by its | ||||||
13 | shareholders;
(ii) between one or more partners in a | ||||||
14 | partnership or between a partnership and one or more of | ||||||
15 | its partners or one or more trusts established by its | ||||||
16 | partners; or
(iii) between one or more members in a | ||||||
17 | limited liability company or between a limited liability | ||||||
18 | company and one or more of its members or one or more | ||||||
19 | trusts established by its members; | ||||||
20 | (h) An agreement entered into by a service recipient, | ||||||
21 | or a trust established by the service recipient, and a | ||||||
22 | service provider, or a trust established by the service | ||||||
23 | provider, who performs significant services for the | ||||||
24 | service recipient's trade or business;
or | ||||||
25 | (i) Any other contract, transaction, or arrangement | ||||||
26 | exempted from the definition of viatical settlement |
| |||||||
| |||||||
1 | contract by the Director based on the Director's | ||||||
2 | determination that the contract, transaction, or | ||||||
3 | arrangement is not of the type intended to be regulated by | ||||||
4 | this Act.
| ||||||
5 | "Viatical settlement investment agent" means a person who | ||||||
6 | is an appointed or contracted agent of a licensed viatical | ||||||
7 | settlement provider who solicits or arranges the funding for | ||||||
8 | the purchase of a viatical settlement by a viatical settlement | ||||||
9 | purchaser and who is acting on behalf of a viatical settlement | ||||||
10 | provider.
A viatical settlement investment agent is deemed to | ||||||
11 | represent the viatical settlement provider of whom the | ||||||
12 | viatical settlement investment agent is an appointed or | ||||||
13 | contracted agent. | ||||||
14 | "Viatical settlement provider" means a person, other than | ||||||
15 | a viator, who enters into or effectuates a viatical settlement | ||||||
16 | contract with a viator. "Viatical settlement provider" does | ||||||
17 | not include: | ||||||
18 | (1) a bank, savings bank, savings and loan | ||||||
19 | association, credit union, or other financial institution | ||||||
20 | that takes an assignment of a policy as collateral for a | ||||||
21 | loan; | ||||||
22 | (2) a financial institution or premium finance company | ||||||
23 | making premium finance loans and exempted by the Director | ||||||
24 | from the licensing requirement under the premium finance | ||||||
25 | laws where the institution or company takes an assignment | ||||||
26 | of a life insurance policy solely as collateral for a |
| |||||||
| |||||||
1 | premium finance loan; | ||||||
2 | (3) the issuer of the life insurance policy; | ||||||
3 | (4) an authorized or eligible insurer that provides | ||||||
4 | stop loss coverage or financial guaranty insurance to a | ||||||
5 | viatical settlement provider, purchaser, financing entity, | ||||||
6 | special purpose entity, or related provider trust; | ||||||
7 | (5) An individual person who enters into or | ||||||
8 | effectuates no more than one viatical settlement contract | ||||||
9 | in a calendar year for the transfer of policies for any | ||||||
10 | value less than the expected death benefit; | ||||||
11 | (6) a financing entity; | ||||||
12 | (7) a special purpose entity; | ||||||
13 | (8) a related provider trust; | ||||||
14 | (9) a viatical settlement purchaser; or | ||||||
15 | (10) any other person that the Director determines is | ||||||
16 | consistent with the definition of viatical settlement | ||||||
17 | provider. | ||||||
18 | "Viatical settlement purchaser" means a person who | ||||||
19 | provides a sum of money as consideration for a life insurance | ||||||
20 | policy or an interest in the death benefits of a life insurance | ||||||
21 | policy, or a person who owns or acquires or is entitled to a | ||||||
22 | beneficial interest in a trust that owns a viatical settlement | ||||||
23 | contract or is the beneficiary of a life insurance policy, in | ||||||
24 | each case where such policy has been or will be the subject of | ||||||
25 | a viatical settlement contract, for the purpose of deriving an | ||||||
26 | economic benefit. "Viatical settlement purchaser" does not |
| |||||||
| |||||||
1 | include:
(i) a licensee under this Act;
(ii) an accredited | ||||||
2 | investor or qualified institutional buyer;
(iii) a financing | ||||||
3 | entity;
(iv) a special purpose entity; or
(v) a related | ||||||
4 | provider trust.
| ||||||
5 | "Viaticated policy" means a life insurance policy that has | ||||||
6 | been acquired by a viatical settlement provider pursuant to a | ||||||
7 | viatical settlement contract. | ||||||
8 | "Viator" means the owner of a life insurance policy or a | ||||||
9 | certificate holder under a group policy who enters or seeks to | ||||||
10 | enter into a viatical settlement contract. For the purposes of | ||||||
11 | this Act, a viator is not limited to an owner of a life | ||||||
12 | insurance policy or a certificate holder under a group policy | ||||||
13 | insuring the life of an individual with a terminal or chronic | ||||||
14 | illness or condition, except where specifically addressed. | ||||||
15 | "Viator" does not include: | ||||||
16 | (1) a licensee; | ||||||
17 | (2) a qualified institutional buyer; | ||||||
18 | (3) a financing entity; | ||||||
19 | (4) a special purpose entity; or | ||||||
20 | (5) a related provider trust.
| ||||||
21 | (Source: P.A. 100-863, eff. 8-14-18.) | ||||||
22 | (215 ILCS 159/30)
| ||||||
23 | Sec. 30. Examination or investigation. | ||||||
24 | (a) The Director may when and as often as the Director | ||||||
25 | deems it reasonably necessary to protect the interests of the |
| |||||||
| |||||||
1 | public, examine the business affairs of any licensee.
| ||||||
2 | In scheduling and determining the nature, scope, and | ||||||
3 | frequency of the examinations, the Director shall consider | ||||||
4 | such matters as consumer complaints, results of financial | ||||||
5 | statement analyses and ratios, changes in management or | ||||||
6 | ownership, actuarial opinions, report of independent certified | ||||||
7 | public accountants, and other relevant criteria as determined | ||||||
8 | by the Director. | ||||||
9 | (b) For purposes of completing an examination of a | ||||||
10 | licensee under this Act, the Director may examine or | ||||||
11 | investigate any person, or the business of any person, in so | ||||||
12 | far as the examination or investigation is, in the sole | ||||||
13 | discretion of the Director, necessary or material to the | ||||||
14 | examination. | ||||||
15 | (c) In lieu of an examination under this Act of any foreign | ||||||
16 | licensee or non-domestic alien licensee licensed in this | ||||||
17 | State, the Director may, at the Director's discretion, accept | ||||||
18 | an examination report on the licensee as prepared by the chief | ||||||
19 | insurance regulatory official for the licensee's state of | ||||||
20 | domicile or port-of-entry state. | ||||||
21 | (d) As far as practical, the examination of a foreign | ||||||
22 | licensee or non-domestic alien licensee shall be made in | ||||||
23 | cooperation with the insurance supervisory officials of other | ||||||
24 | states in which the licensee transacts business. | ||||||
25 | (e) Licensees shall for 5 years retain copies of: | ||||||
26 | (1) all proposed, offered, or executed contracts, |
| |||||||
| |||||||
1 | purchase agreements, underwriting documents, policy forms, | ||||||
2 | and applications from the date of the proposal, offer, or | ||||||
3 | execution of the contract or purchase agreement, whichever | ||||||
4 | is later; | ||||||
5 | (2) all checks, drafts, or other evidence and | ||||||
6 | documentation related to the payment, transfer, deposit, | ||||||
7 | or release of funds from the date of the transaction; | ||||||
8 | (3) all other records and documents in any format | ||||||
9 | related to the requirements of this Act, including a | ||||||
10 | record of complaints received against the licensee and | ||||||
11 | agents representing the licensee and a list of all life | ||||||
12 | expectancy providers that have provider services to the | ||||||
13 | licensee. | ||||||
14 | This subsection (e) does not relieve a person of the | ||||||
15 | obligation to produce records required by this subsection to | ||||||
16 | the Director after the retention period has expired if the | ||||||
17 | person has retained the documents. | ||||||
18 | Records required to be retained by this subsection (e) | ||||||
19 | must be legible and complete and may be retained in paper, | ||||||
20 | photograph, microprocessor, magnetic, mechanical, or | ||||||
21 | electronic media, or by any process that accurately reproduces | ||||||
22 | or forms a durable medium for the reproduction of a record. | ||||||
23 | (f) Upon determining that an examination should be | ||||||
24 | conducted, the Director shall appoint one or more examiners to | ||||||
25 | perform the examination and instruct them as to the scope of | ||||||
26 | the examination. The Director may employ any guidelines or |
| |||||||
| |||||||
1 | procedures for purposes of this subsection (f) that the | ||||||
2 | Director deems appropriate. | ||||||
3 | Every licensee or person, including all officers, | ||||||
4 | partners, members, directors, employees, controlling persons, | ||||||
5 | and agents of any licensee or person, from whom information is | ||||||
6 | sought shall provide to the examiners timely, convenient, and | ||||||
7 | free access at all reasonable hours at the licensee's or | ||||||
8 | person's offices to all books, records, accounts, papers, | ||||||
9 | documents, assets, and computer or other recordings relating | ||||||
10 | to the property, assets, business, and affairs of the licensee | ||||||
11 | being examined. The officers, directors, employees, and agents | ||||||
12 | of the licensee or person shall facilitate the examination and | ||||||
13 | aid in the examination so far as it is in their power to do so. | ||||||
14 | The refusal of a licensee by its officers, directors, | ||||||
15 | employees, or agents to submit to examination or to comply | ||||||
16 | with any reasonable written request of the Director shall be | ||||||
17 | grounds for revocation, denial of issuance, or non-renewal of | ||||||
18 | any license or authority held by the licensee to engage in the | ||||||
19 | viatical settlement business or other business subject to the | ||||||
20 | Director's jurisdiction. | ||||||
21 | The Director shall have the power to issue subpoenas, to | ||||||
22 | administer oaths, and to examine under oath any person as to | ||||||
23 | any matter pertinent to the examination. Upon the failure or | ||||||
24 | refusal of a person to obey a subpoena, the Director may | ||||||
25 | petition a court of competent jurisdiction, and upon proper | ||||||
26 | showing, the court may enter an order compelling the witness |
| |||||||
| |||||||
1 | to appear and testify or produce documentary evidence. Failure | ||||||
2 | to obey the court order shall be punishable as contempt of | ||||||
3 | court. Subpoenas may be enforced pursuant to Section 403 of | ||||||
4 | the Illinois Insurance Code. | ||||||
5 | When making an examination under this Act, the Director | ||||||
6 | may retain attorneys, appraisers, independent actuaries, | ||||||
7 | independent certified public accountants, or other | ||||||
8 | professionals and specialists as examiners, the reasonable | ||||||
9 | cost of which shall be borne by the licensee that is the | ||||||
10 | subject of the examination. | ||||||
11 | (g) Nothing contained in this Act limits the Director's | ||||||
12 | authority to terminate or suspend an examination in order to | ||||||
13 | pursue other legal or regulatory action pursuant to the | ||||||
14 | insurance laws of this State. Findings of fact and conclusions | ||||||
15 | made pursuant to any examination shall be prima facie evidence | ||||||
16 | in any legal or regulatory action. | ||||||
17 | (h) Nothing contained in this Act shall be construed to | ||||||
18 | limit the Director's authority to use and, if appropriate, to | ||||||
19 | make public any final or preliminary examination report, any | ||||||
20 | examiner or licensee workpapers or other documents, or any | ||||||
21 | other information discovered or developed during the course of | ||||||
22 | any examination in the furtherance of any legal or regulatory | ||||||
23 | action that the Director may, in the Director's discretion, | ||||||
24 | deem appropriate. | ||||||
25 | (i) No later than 60 days following completion of the | ||||||
26 | examination, the examiner in charge shall file with the |
| |||||||
| |||||||
1 | Director a verified written report of examination under oath. | ||||||
2 | Upon receipt of the verified report, the Director shall | ||||||
3 | transmit the report to the licensee examined. | ||||||
4 | (j) Examination reports shall be comprised only of facts | ||||||
5 | appearing upon the books, records, or other documents of the | ||||||
6 | licensee, its agents, or other persons examined, or as | ||||||
7 | ascertained from the testimony of its officers or agents or | ||||||
8 | other persons examined concerning its affairs and the | ||||||
9 | conclusions and recommendations that the examiners find | ||||||
10 | reasonably warranted from the facts. | ||||||
11 | (k) The licensee may request a hearing within 10 days | ||||||
12 | after receipt of the examination report by giving the Director | ||||||
13 | written notice of that request, together with a statement of | ||||||
14 | its objections. The Director then must conduct a hearing in | ||||||
15 | conjunction with Sections 402 and 403 of the Illinois | ||||||
16 | Insurance Code. The Director must issue a written order based | ||||||
17 | upon the examination report and upon the hearing within 90 | ||||||
18 | days after the report is filed or within 90 days after the | ||||||
19 | hearing. After the hearing, the Director may make such order | ||||||
20 | or orders as may be reasonably necessary to correct, | ||||||
21 | eliminate, or remedy unlawful conduct. | ||||||
22 | (l) If the Director determines that regulatory action is | ||||||
23 | appropriate as a result of an examination, the Director may | ||||||
24 | initiate any proceedings or actions provided by law. | ||||||
25 | (m) Names and individual identification data for all | ||||||
26 | viators in the
possession and control of the Director shall be |
| |||||||
| |||||||
1 | considered private
and confidential and shall not be disclosed | ||||||
2 | by the Director unless
required by law.
| ||||||
3 | Except as otherwise provided in this Act, all examination | ||||||
4 | reports, working papers, recorded information, documents, and | ||||||
5 | copies thereof produced by, obtained by or disclosed to the | ||||||
6 | Director or any other person in the course of an examination | ||||||
7 | made under this Act or the law of another state or jurisdiction | ||||||
8 | that is substantially similar to this Act, or in the course of | ||||||
9 | analysis or investigation by the Director of the financial | ||||||
10 | condition or market conduct of a licensee are
(i) confidential | ||||||
11 | by law and privileged,
(ii) not subject to the Freedom of | ||||||
12 | Information Act,
(iii) not subject to subpoena, and
(iv) not | ||||||
13 | subject to discovery or admissible in evidence in any private | ||||||
14 | civil action. | ||||||
15 | The Director is authorized to use the documents, | ||||||
16 | materials, or other information in the furtherance of any | ||||||
17 | regulatory or legal action brought as part of the Director's | ||||||
18 | official duties. | ||||||
19 | Documents, materials, or other information, including, but | ||||||
20 | not limited to, all working papers and copies thereof, in the | ||||||
21 | possession or control of the NAIC and its affiliates and | ||||||
22 | subsidiaries are: | ||||||
23 | (1) confidential by law and privileged; | ||||||
24 | (2) not subject to subpoena; and | ||||||
25 | (3) not subject to discovery or admissible in evidence | ||||||
26 | in any private civil action if they are: |
| |||||||
| |||||||
1 | (A) created, produced or obtained by, or disclosed | ||||||
2 | to the NAIC and its affiliates and subsidiaries in the | ||||||
3 | course of assisting an examination made under this Act | ||||||
4 | or assisting the Director or the chief insurance | ||||||
5 | regulatory official in another state in the analysis | ||||||
6 | or investigation of the financial condition or market | ||||||
7 | conduct of a licensee; or | ||||||
8 | (B) disclosed under this subsection (m) by the | ||||||
9 | Director or
disclosed under a comparable provision in | ||||||
10 | law of another state by
that state's chief insurance | ||||||
11 | regulatory official to the NAIC and its
affiliates and | ||||||
12 | subsidiaries. | ||||||
13 | Neither the Director nor any person that received the | ||||||
14 | documents, material, or other information while acting under | ||||||
15 | the authority of the Director, including the NAIC and its | ||||||
16 | affiliates and subsidiaries, shall be permitted to testify in | ||||||
17 | any private civil action concerning any confidential | ||||||
18 | documents, materials, or information subject to this | ||||||
19 | subsection (m). | ||||||
20 | (n) In order to assist in the performance of the | ||||||
21 | Director's duties, the Director may: | ||||||
22 | (1) share documents, materials, or other information, | ||||||
23 | including the confidential and privileged documents, | ||||||
24 | materials, or information subject to subsection (m) of | ||||||
25 | this Section, with other state, federal, and international | ||||||
26 | regulatory agencies, with the NAIC and its affiliates and |
| |||||||
| |||||||
1 | subsidiaries, and with state, federal, and international | ||||||
2 | law enforcement authorities, provided that the recipient | ||||||
3 | agrees to maintain the confidentiality and privileged | ||||||
4 | status of the document, material, communication, or other | ||||||
5 | information; | ||||||
6 | (2) receive documents, materials, communications, or | ||||||
7 | information, including otherwise confidential and | ||||||
8 | privileged documents, materials, or information, from the | ||||||
9 | NAIC and its affiliates and subsidiaries and from | ||||||
10 | regulatory and law enforcement officials of other foreign | ||||||
11 | or domestic jurisdictions, and shall maintain as | ||||||
12 | confidential or privileged any document, material, or | ||||||
13 | information received with notice or the understanding that | ||||||
14 | it is confidential or privileged under the laws of the | ||||||
15 | jurisdiction that is the source of the document, material, | ||||||
16 | or information; and | ||||||
17 | (3) enter into agreements governing sharing and use of | ||||||
18 | information consistent with this Section. | ||||||
19 | (o) No waiver of any applicable privilege or claim of | ||||||
20 | confidentiality in the documents, materials, or information | ||||||
21 | shall occur as a result of disclosure to the Director under | ||||||
22 | this Section or as a result of sharing as authorized in | ||||||
23 | subsection (n) of this Section. | ||||||
24 | (p) A privilege established under the law of any state or | ||||||
25 | jurisdiction that is substantially similar to the privilege | ||||||
26 | established under this Section shall be available and enforced |
| |||||||
| |||||||
1 | in any proceeding in, and in any court of, this State. | ||||||
2 | (q) Nothing contained in this Act prevents or prohibits | ||||||
3 | the Director from disclosing the content of an examination | ||||||
4 | report, preliminary examination report or results, or any | ||||||
5 | matter relating to those reports or results, to the chief | ||||||
6 | insurance regulatory official of any other state or country, | ||||||
7 | or to law enforcement officials of this or any other state or | ||||||
8 | agency of the federal government at any time or to the NAIC, if | ||||||
9 | the agency or office receiving the report or matters relating | ||||||
10 | to it agrees in writing to hold it confidential and in a manner | ||||||
11 | consistent with this Act. | ||||||
12 | (r) The expenses incurred in conducting an examination | ||||||
13 | shall be paid by the licensee. | ||||||
14 | (s) No cause of action shall arise nor shall any liability | ||||||
15 | be imposed against the Director, the Director's authorized | ||||||
16 | representatives, or any examiner appointed by the Director for | ||||||
17 | any statements made or conduct performed in good faith while | ||||||
18 | carrying out the provisions of this Act. | ||||||
19 | No cause of action shall arise, nor shall any liability be | ||||||
20 | imposed against any person for the act of communicating or | ||||||
21 | delivering information or data to the Director or the | ||||||
22 | Director's authorized representative or examiner pursuant to | ||||||
23 | an examination made under this Section, if the act of | ||||||
24 | communication or delivery was performed in good faith and | ||||||
25 | without fraudulent intent or the intent to deceive. This | ||||||
26 | subsection (s) does not abrogate or modify in any way any |
| |||||||
| |||||||
1 | common law or statutory privilege or immunity heretofore | ||||||
2 | enjoyed by any person identified in this subsection (s). | ||||||
3 | A person identified in this subsection (s) shall be | ||||||
4 | entitled to an award of attorney's fees and costs if he or she | ||||||
5 | is the prevailing party in a civil cause of action for libel, | ||||||
6 | slander, or any other relevant tort arising out of activities | ||||||
7 | in carrying out the provisions of this Section and the party | ||||||
8 | bringing the action was not substantially justified in doing | ||||||
9 | so. For purposes of this Section, a proceeding is | ||||||
10 | "substantially justified" if it had a reasonable basis in law | ||||||
11 | or fact at the time that it was initiated. | ||||||
12 | (t)
The Director may investigate suspected viatical | ||||||
13 | settlement fraud and persons engaged in the business of | ||||||
14 | viatical settlements.
| ||||||
15 | (Source: P.A. 96-736, eff. 7-1-10 .) | ||||||
16 | Section 120. The Hearing Instrument Consumer Protection | ||||||
17 | Act is amended by changing Section 8 as follows:
| ||||||
18 | (225 ILCS 50/8) (from Ch. 111, par. 7408)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
20 | Sec. 8. Applicant qualifications; examination.
| ||||||
21 | (a) In order to protect persons who are deaf or hard of | ||||||
22 | hearing, the Department
shall authorize or shall conduct an | ||||||
23 | appropriate examination, which may be the International | ||||||
24 | Hearing Society's licensure examination, for persons
who |
| |||||||
| |||||||
1 | dispense, test, select, recommend, fit, or service hearing
| ||||||
2 | instruments. The frequency of holding these examinations shall
| ||||||
3 | be determined by the Department by rule. Those
who | ||||||
4 | successfully pass such an examination shall be issued a | ||||||
5 | license
as a hearing instrument dispenser, which shall be | ||||||
6 | effective for
a 2-year period.
| ||||||
7 | (b) Applicants shall be:
| ||||||
8 | (1) at least 18 years of age;
| ||||||
9 | (2) of good moral character;
| ||||||
10 | (3) the holder of an associate's degree or the | ||||||
11 | equivalent;
| ||||||
12 | (4) free of contagious or infectious disease; and
| ||||||
13 | (5) a citizen or person who has the status as a legal | ||||||
14 | noncitizen alien .
| ||||||
15 | Felony convictions of the applicant and findings against | ||||||
16 | the applicant
involving matters set forth in Sections 17 and | ||||||
17 | 18 shall be considered in
determining moral character, but | ||||||
18 | such a conviction or finding shall not make an
applicant | ||||||
19 | ineligible to register for examination.
| ||||||
20 | (c) Prior to engaging in the practice of fitting, | ||||||
21 | dispensing, or servicing
hearing instruments, an applicant
| ||||||
22 | shall demonstrate, by means of written
and practical | ||||||
23 | examinations, that such person is qualified to
practice the | ||||||
24 | testing, selecting, recommending, fitting, selling, or
| ||||||
25 | servicing of hearing instruments as defined in this
Act. An | ||||||
26 | applicant must obtain a license within 12
months after passing |
| |||||||
| |||||||
1 | either the written or practical examination, whichever is | ||||||
2 | passed first, or must take and
pass those examinations again | ||||||
3 | in order to be eligible to receive a license.
| ||||||
4 | The Department shall, by rule, determine the conditions | ||||||
5 | under which an
individual is examined.
| ||||||
6 | (d) Proof of having met the minimum requirements of | ||||||
7 | continuing education
as determined by the Board shall be | ||||||
8 | required of all license renewals.
Pursuant to rule, the | ||||||
9 | continuing education requirements may, upon petition to
the | ||||||
10 | Board,
be waived in whole or in part if the hearing instrument | ||||||
11 | dispenser
can demonstrate
that he or she served in the Coast | ||||||
12 | Guard or Armed Forces, had an extreme
hardship, or obtained | ||||||
13 | his or her license by examination or
endorsement within
the | ||||||
14 | preceding renewal period.
| ||||||
15 | (e) Persons applying for an initial
license
must | ||||||
16 | demonstrate having earned, at a minimum, an associate degree | ||||||
17 | or its equivalent from an
accredited institution of higher | ||||||
18 | education that is recognized by the U.S. Department of | ||||||
19 | Education or that meets the U.S. Department of Education | ||||||
20 | equivalency as determined through a National Association of | ||||||
21 | Credential Evaluation Services (NACES) member, and meet the | ||||||
22 | other requirements of
this Section. In addition, the applicant | ||||||
23 | must demonstrate the successful
completion of (1) 12 semester | ||||||
24 | hours or 18 quarter hours of academic undergraduate
course | ||||||
25 | work in an accredited institution consisting of 3 semester | ||||||
26 | hours of
anatomy and physiology of the hearing mechanism, 3 |
| |||||||
| |||||||
1 | semester hours of
hearing science, 3 semester hours of | ||||||
2 | introduction to audiology, and 3 semester
hours of aural | ||||||
3 | rehabilitation, or the quarter hour equivalent or (2) an | ||||||
4 | equivalent program as determined by the Department that is | ||||||
5 | consistent with the scope of practice of a hearing instrument | ||||||
6 | dispenser as defined in Section 3 of this Act. Persons
| ||||||
7 | licensed before January 1, 2003 who
have a valid license on | ||||||
8 | that date may have their license renewed
without meeting the | ||||||
9 | requirements of this subsection.
| ||||||
10 | (Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15; | ||||||
11 | 99-847, eff. 8-19-16.)
| ||||||
12 | Section 125. The Appraisal Management Company Registration | ||||||
13 | Act is amended by changing Section 10 as follows: | ||||||
14 | (225 ILCS 459/10) | ||||||
15 | Sec. 10. Definitions. In this Act: | ||||||
16 | "Address of record" means the principal address recorded | ||||||
17 | by the Department in the applicant's or registrant's | ||||||
18 | application file or registration file maintained by the | ||||||
19 | Department's registration maintenance unit. | ||||||
20 | "Applicant" means a person or entity who applies to the | ||||||
21 | Department for a registration under this Act. | ||||||
22 | "Appraisal" means (noun) the act or process of developing | ||||||
23 | an opinion of value; an opinion of value (adjective) of or | ||||||
24 | pertaining to appraising and related functions. |
| |||||||
| |||||||
1 | "Appraisal firm" means an appraisal entity that is 100% | ||||||
2 | owned and controlled by a person or persons licensed in | ||||||
3 | Illinois as a certified general real estate appraiser or a | ||||||
4 | certified residential real estate appraiser. An appraisal firm | ||||||
5 | does not include an appraisal management company. | ||||||
6 | "Appraisal management company" means any corporation, | ||||||
7 | limited liability company, partnership, sole proprietorship, | ||||||
8 | subsidiary, unit, or other business entity that directly or | ||||||
9 | indirectly: (1) provides appraisal management services to | ||||||
10 | creditors or secondary mortgage market participants, including | ||||||
11 | affiliates; (2) provides appraisal management services in | ||||||
12 | connection with valuing the consumer's principal dwelling as | ||||||
13 | security for a consumer credit transaction (including consumer | ||||||
14 | credit transactions incorporated into securitizations); and | ||||||
15 | (3) any appraisal management company that, within a given | ||||||
16 | 12-month period, oversees an appraiser panel of 16 or more | ||||||
17 | State-certified appraisers in Illinois or 25 or more | ||||||
18 | State-certified or State-licensed appraisers in 2 or more | ||||||
19 | jurisdictions. "Appraisal management company" includes a | ||||||
20 | hybrid entity. | ||||||
21 | "Appraisal management company national registry fee" means | ||||||
22 | the fee implemented pursuant to Title XI of the federal | ||||||
23 | Financial Institutions Reform, Recovery, and Enforcement Act | ||||||
24 | of 1989 for an appraiser management company's national | ||||||
25 | registry. | ||||||
26 | "Appraisal management services" means one or more of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (1) recruiting, selecting, and retaining appraisers; | ||||||
3 | (2) contracting with State-certified or State-licensed | ||||||
4 | appraisers to perform appraisal assignments; | ||||||
5 | (3) managing the process of having an appraisal | ||||||
6 | performed, including providing administrative services | ||||||
7 | such as receiving appraisal orders and appraisal reports; | ||||||
8 | submitting completed appraisal reports to creditors and | ||||||
9 | secondary market participants; collecting compensation | ||||||
10 | from creditors, underwriters, or secondary market | ||||||
11 | participants for services provided; or paying appraisers | ||||||
12 | for services performed; or | ||||||
13 | (4) reviewing and verifying the work of appraisers. | ||||||
14 | "Appraiser panel" means a network, list, or roster of | ||||||
15 | licensed or certified appraisers approved by the appraisal | ||||||
16 | management company or by the end-user client to perform | ||||||
17 | appraisals as independent contractors for the appraisal | ||||||
18 | management company. "Appraiser panel" includes both appraisers | ||||||
19 | accepted by an appraisal management company for consideration | ||||||
20 | for future appraisal assignments and appraisers engaged by an | ||||||
21 | appraisal management company to perform one or more | ||||||
22 | appraisals. For the purposes of determining the size of an | ||||||
23 | appraiser panel, only independent contractors of hybrid | ||||||
24 | entities shall be counted towards the appraiser panel. | ||||||
25 | "Appraiser panel fee" means the amount collected from a | ||||||
26 | registrant that, where applicable, includes an appraisal |
| |||||||
| |||||||
1 | management company's national registry fee. | ||||||
2 | "Appraisal report" means a written appraisal by an | ||||||
3 | appraiser to a client. | ||||||
4 | "Appraisal practice service" means valuation services | ||||||
5 | performed by an individual acting as an appraiser, including, | ||||||
6 | but not limited to, appraisal or appraisal review. | ||||||
7 | "Appraisal subcommittee" means the appraisal subcommittee | ||||||
8 | of the Federal Financial Institutions Examination Council as | ||||||
9 | established by Title XI. | ||||||
10 | "Appraiser" means a person who performs real estate or | ||||||
11 | real property appraisals. | ||||||
12 | "Assignment result" means an appraiser's opinions and | ||||||
13 | conclusions developed specific to an assignment. | ||||||
14 | "Audit" includes, but is not limited to, an annual or | ||||||
15 | special audit, visit, or review necessary under this Act or | ||||||
16 | required by the Secretary or the Secretary's authorized | ||||||
17 | representative in carrying out the duties and responsibilities | ||||||
18 | under this Act. | ||||||
19 | "Client" means the party or parties who engage an | ||||||
20 | appraiser by employment or contract in a specific appraisal | ||||||
21 | assignment. | ||||||
22 | "Controlling person" means: | ||||||
23 | (1) an owner, officer, or director of an entity | ||||||
24 | seeking to offer appraisal management services; | ||||||
25 | (2) an individual employed, appointed, or authorized | ||||||
26 | by an appraisal management company who has the authority |
| |||||||
| |||||||
1 | to: | ||||||
2 | (A) enter into a contractual relationship with a | ||||||
3 | client for the performance of an appraisal management | ||||||
4 | service or appraisal practice service; and | ||||||
5 | (B) enter into an agreement with an appraiser for | ||||||
6 | the performance of a real estate appraisal activity; | ||||||
7 | (3) an individual who possesses, directly or | ||||||
8 | indirectly, the power to direct or cause the
direction of | ||||||
9 | the management or policies of an appraisal management | ||||||
10 | company; or
| ||||||
11 | (4) an individual who will act as the sole compliance | ||||||
12 | officer with regard to this Act and any rules adopted | ||||||
13 | under this Act. | ||||||
14 | "Covered transaction" means a consumer credit transaction | ||||||
15 | secured by a consumer's principal dwelling. | ||||||
16 | "Department" means the Department of Financial and | ||||||
17 | Professional Regulation. | ||||||
18 | "Email address of record" means the designated email | ||||||
19 | address recorded by the Department in the applicant's | ||||||
20 | application file or the registrant's registration file | ||||||
21 | maintained by the Department's registration maintenance unit. | ||||||
22 | "Entity" means a corporation, a limited liability company, | ||||||
23 | partnership, a sole proprietorship, or other entity providing | ||||||
24 | services or holding itself out to provide services as an | ||||||
25 | appraisal management company or an appraisal management | ||||||
26 | service. |
| |||||||
| |||||||
1 | "End-user client" means any person who utilizes or engages | ||||||
2 | the services of an appraiser through an appraisal management | ||||||
3 | company. | ||||||
4 | "Federally regulated appraisal management company" means | ||||||
5 | an appraisal management company that is owned and controlled | ||||||
6 | by an insured depository institution, as defined in 12 U.S.C. | ||||||
7 | 1813, or an insured credit union, as defined in 12 U.S.C. 1752, | ||||||
8 | and regulated by the Office of the Comptroller of the | ||||||
9 | Currency, the Federal Reserve Board, the National Credit Union | ||||||
10 | Association, or the Federal Deposit Insurance Corporation. | ||||||
11 | "Financial institution" means any bank, savings bank, | ||||||
12 | savings and loan association, credit union, mortgage broker, | ||||||
13 | mortgage banker, registrant under the Consumer Installment | ||||||
14 | Loan Act or the Sales Finance Agency Act, or a corporate | ||||||
15 | fiduciary, subsidiary, affiliate, parent company, or holding | ||||||
16 | company of any registrant, or any institution involved in real | ||||||
17 | estate financing that is regulated by State or federal law. | ||||||
18 | "Foreign appraisal management company" means any appraisal | ||||||
19 | management company organized under the laws of any other state | ||||||
20 | of the United States, the District of Columbia, or any other | ||||||
21 | jurisdiction of the United States. | ||||||
22 | "Hybrid entity" means an appraisal management company that | ||||||
23 | hires an appraiser as an employee to perform an appraisal and | ||||||
24 | engages an independent contractor to perform an appraisal. | ||||||
25 | "Multi-state licensing system" means a web-based platform | ||||||
26 | that allows an applicant to submit the application or |
| |||||||
| |||||||
1 | registration renewal to the Department online. | ||||||
2 | "Person" means individuals, entities, sole | ||||||
3 | proprietorships, corporations, limited liability companies, | ||||||
4 | and non-domestic alien , foreign, or domestic partnerships, | ||||||
5 | except that when the context otherwise requires, the term may | ||||||
6 | refer to a single individual or other described entity.
| ||||||
7 | "Principal dwelling" means a residential structure that | ||||||
8 | contains one to 4 units, whether or not that structure is | ||||||
9 | attached to real property. "Principal dwelling" includes an | ||||||
10 | individual condominium unit, cooperative unit, manufactured | ||||||
11 | home, mobile home, and trailer, if it is used as a residence. | ||||||
12 | "Principal office" means the actual, physical business | ||||||
13 | address, which shall not be a post office box or a virtual | ||||||
14 | business address, of a registrant, at which (i) the Department | ||||||
15 | may contact the registrant and (ii) records required under | ||||||
16 | this Act are maintained. | ||||||
17 | "Qualified to transact business in this State" means being | ||||||
18 | in compliance with the requirements of the Business | ||||||
19 | Corporation Act of 1983. | ||||||
20 | "Quality control review" means a review of an appraisal | ||||||
21 | report for compliance and completeness, including grammatical, | ||||||
22 | typographical, or other similar errors, unrelated to | ||||||
23 | developing an opinion of value. | ||||||
24 | "Real estate" means an identified parcel or tract of land, | ||||||
25 | including any improvements. | ||||||
26 | "Real estate related financial transaction" means any |
| |||||||
| |||||||
1 | transaction involving: | ||||||
2 | (1) the sale, lease, purchase, investment in, or | ||||||
3 | exchange of real property,
including interests in property | ||||||
4 | or the financing thereof; | ||||||
5 | (2) the refinancing of real property or interests in | ||||||
6 | real property; and | ||||||
7 | (3) the use of real property or interest in property | ||||||
8 | as security for a loan or
investment, including mortgage | ||||||
9 | backed securities. | ||||||
10 | "Real property" means the interests, benefits, and rights | ||||||
11 | inherent in the ownership of real estate. | ||||||
12 | "Secretary" means the Secretary of Financial and | ||||||
13 | Professional Regulation. | ||||||
14 | "USPAP" means the Uniform Standards of Professional | ||||||
15 | Appraisal Practice as adopted by the Appraisal Standards Board | ||||||
16 | under Title XI. | ||||||
17 | "Valuation" means any estimate of the value of real | ||||||
18 | property in connection with a creditor's decision to provide | ||||||
19 | credit, including those values developed under a policy of a | ||||||
20 | government sponsored enterprise or by an automated valuation | ||||||
21 | model or other methodology or mechanism.
| ||||||
22 | "Written notice" means a communication transmitted by mail | ||||||
23 | or by electronic means that can be verified between an | ||||||
24 | appraisal management company and a licensed or certified real | ||||||
25 | estate appraiser. | ||||||
26 | (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21.) |
| |||||||
| |||||||
1 | Section 130. The Illinois Public Aid Code is amended by | ||||||
2 | changing Section 5-3 as follows:
| ||||||
3 | (305 ILCS 5/5-3) (from Ch. 23, par. 5-3)
| ||||||
4 | Sec. 5-3.
Residence.) Any person who has established his | ||||||
5 | residence
in this State and lives therein, including any | ||||||
6 | person who is a migrant
worker, may qualify for medical | ||||||
7 | assistance. A person who, while
temporarily in this State, | ||||||
8 | suffers injury or illness endangering his
life and health and | ||||||
9 | necessitating emergency care, may also qualify.
| ||||||
10 | Temporary absence from the State shall not disqualify a | ||||||
11 | person from
maintaining his eligibility under this Article.
| ||||||
12 | As used in this Section, "migrant worker" means any person | ||||||
13 | residing
temporarily and employed in Illinois who moves | ||||||
14 | seasonally from one
place to another for the purpose of | ||||||
15 | employment in agricultural
activities, including the planting, | ||||||
16 | raising or harvesting of any
agricultural or horticultural | ||||||
17 | commodities and the handling, packing or
processing of such | ||||||
18 | commodities on the farm where produced or at the
point of first | ||||||
19 | processing, in animal husbandry, or in other activities | ||||||
20 | connected
with the care of animals. Dependents of such person | ||||||
21 | shall be
considered eligible if they are living with the | ||||||
22 | person during his or her
temporary residence and employment in | ||||||
23 | Illinois.
| ||||||
24 | In order to be eligible for medical assistance under this |
| |||||||
| |||||||
1 | section,
each migrant worker shall show proof of citizenship | ||||||
2 | or legal noncitizen alien status.
| ||||||
3 | (Source: P.A. 81-746.)
| ||||||
4 | Section 135. The Housing Development and Construction Act | ||||||
5 | is amended by changing Section 5 as follows:
| ||||||
6 | (310 ILCS 20/5) (from Ch. 67 1/2, par. 57)
| ||||||
7 | Sec. 5. Any grants paid hereunder to a housing authority | ||||||
8 | shall be
deposited in a separate fund and, subject to the | ||||||
9 | approval of the
Department of Commerce and Economic | ||||||
10 | Opportunity, may be used for any or all of
the following | ||||||
11 | purposes as the needs of the community may require: the
| ||||||
12 | acquisition of land by purchase, gift or condemnation and the
| ||||||
13 | improvement thereof, the purchase and installation of | ||||||
14 | temporary housing
facilities, the construction of housing | ||||||
15 | units for rent or sale to
veterans, the families of deceased | ||||||
16 | servicemen, and for persons and
families who by reason of | ||||||
17 | overcrowded housing conditions or displacement
by eviction, | ||||||
18 | fires or other calamities, or slum clearance or other
private | ||||||
19 | or public project involving relocation, are in urgent need of
| ||||||
20 | safe and sanitary housing, the making of grants in connection | ||||||
21 | with the
sale or lease of real property as provided in the | ||||||
22 | following paragraph of
this section, and for any and all | ||||||
23 | purposes authorized by the "Housing
Authorities Act," approved | ||||||
24 | March 19, 1934, as amended, including
administrative expenses |
| |||||||
| |||||||
1 | of the housing authorities in relation to the
aforesaid | ||||||
2 | objectives, to the extent and for the purposes
authorized and
| ||||||
3 | approved by the Department of Commerce and Economic | ||||||
4 | Opportunity. Each housing
authority is vested with power to | ||||||
5 | exercise the right of eminent domain
for the purposes | ||||||
6 | authorized by this Act. Condemnation proceedings
instituted by | ||||||
7 | any such authority shall be in all respects in the manner
| ||||||
8 | provided for the exercise of the right of
eminent domain under | ||||||
9 | the Eminent Domain Act.
| ||||||
10 | In addition to the foregoing, and for the purpose of | ||||||
11 | facilitating the
development and construction of housing, | ||||||
12 | housing authorities may, with
the approval of the Department | ||||||
13 | of Commerce and Economic Opportunity, enter into
contracts and | ||||||
14 | agreements for the sale or lease of real property acquired
by | ||||||
15 | the Authority through the use of the grant hereunder, and may | ||||||
16 | sell or
lease such property to (1) housing corporations | ||||||
17 | operating under "An Act
in relation to housing," approved July | ||||||
18 | 12, 1933, as amended; (2)
neighborhood redevelopment | ||||||
19 | corporations operating under the
"Neighborhood Redevelopment | ||||||
20 | Corporation Law," approved July 9, 1941; (3)
insurance | ||||||
21 | companies operating under Article VIII of the Illinois
| ||||||
22 | Insurance Code; (4) non-profit
corporations organized for the | ||||||
23 | purpose of constructing, managing and
operating housing | ||||||
24 | projects and the improvement of housing conditions,
including | ||||||
25 | the sale or rental of housing units to persons in need
thereof; | ||||||
26 | or (5) to any other individual, association or corporation,
|
| |||||||
| |||||||
1 | including bona fide housing cooperatives, desiring to engage | ||||||
2 | in a
development or redevelopment project. The term | ||||||
3 | "corporation" as used in
this section, means a corporation | ||||||
4 | organized under the laws of this or
any other state of the | ||||||
5 | United States, or of any country, which may
legally make | ||||||
6 | investments in this State of the character herein
prescribed, | ||||||
7 | including foreign and non-domestic alien insurance companies | ||||||
8 | as defined
in Section 2 of the "Illinois Insurance Code." No | ||||||
9 | sale or lease shall be
made hereunder to any of the aforesaid | ||||||
10 | corporations,
associations or
individuals unless a plan | ||||||
11 | approved by the Authority has been presented
by the purchaser | ||||||
12 | or lessee for the development or redevelopment of such
| ||||||
13 | property, together with a bond, with satisfactory sureties, of | ||||||
14 | not less
than 10% of the cost of such development or | ||||||
15 | redevelopment, conditioned
upon the completion of such | ||||||
16 | development or redevelopment; provided that
the requirement of | ||||||
17 | the bond may be waived by the Department of Commerce
and | ||||||
18 | Economic Opportunity if it is satisfied of the
financial | ||||||
19 | ability of the
purchaser or lessee to complete such | ||||||
20 | development or redevelopment in
accordance with the presented | ||||||
21 | plan. To further assure that the real
property so sold or | ||||||
22 | leased shall be used in accordance with the plan,
the | ||||||
23 | Department of Commerce and Economic Opportunity may require | ||||||
24 | the purchaser or
lessee to execute in writing such | ||||||
25 | undertakings as the Department deems
necessary to obligate | ||||||
26 | such purchaser or lessee (1) to use the property
for the |
| |||||||
| |||||||
1 | purposes presented in the plan; (2) to commence and complete | ||||||
2 | the
building of the improvements designated in the plan within | ||||||
3 | the periods
of time that the Department of Commerce and | ||||||
4 | Economic Opportunity fixes as
reasonable, and (3) to comply | ||||||
5 | with such other conditions as are
necessary to carry out the | ||||||
6 | purposes of this Act. Any such property may
be sold pursuant to | ||||||
7 | this section for any legal consideration in an
amount to be | ||||||
8 | approved by the Department of Commerce and Economic | ||||||
9 | Opportunity.
Subject to the approval of the Department of | ||||||
10 | Commerce and Economic Opportunity,
a housing authority may pay | ||||||
11 | to any non-profit corporation of the
character described in | ||||||
12 | this section from grants made available from
state funds, such | ||||||
13 | sum of money which, when added to the value of the
land so sold | ||||||
14 | or leased to such non-profit corporation and the value of
| ||||||
15 | other assets of such non-profit corporation available for use | ||||||
16 | in the
project, will enable such non-profit corporation to | ||||||
17 | obtain Federal
Housing Administration insured construction | ||||||
18 | mortgages. Any such
authority may also sell, transfer, convey | ||||||
19 | or assign to any such
non-profit corporation any personal | ||||||
20 | property, including building
materials and supplies, as it | ||||||
21 | deems necessary to facilitate the
completion of the | ||||||
22 | development or redevelopment by such non-profit
corporation.
| ||||||
23 | If the area of operation of a housing authority includes a | ||||||
24 | city,
village or incorporated town having a population in | ||||||
25 | excess of 500,000,
as determined by the last preceding Federal | ||||||
26 | Census, no real property or
interest in real property shall be |
| |||||||
| |||||||
1 | acquired in such municipality by the
housing authority until | ||||||
2 | such time as the housing authority has advised
the governing | ||||||
3 | body of such municipality of the description of the real
| ||||||
4 | property, or interest therein, proposed to be acquired, and | ||||||
5 | the
governing body of the municipality has approved the | ||||||
6 | acquisition thereof
by the housing authority.
| ||||||
7 | (Source: P.A. 94-793, eff. 5-19-06; 94-1055, eff. 1-1-07.)
| ||||||
8 | Section 140. The Urban Renewal Consolidation Act of 1961 | ||||||
9 | is amended by changing Section 18 as follows:
| ||||||
10 | (315 ILCS 30/18) (from Ch. 67 1/2, par. 91.118)
| ||||||
11 | Sec. 18.
The Department may at such times as it deems | ||||||
12 | expedient transfer
and sell the fee simple title, or such | ||||||
13 | lesser estate as the Department may
have acquired, or as may | ||||||
14 | theretofore have been acquired by a land clearance
commission, | ||||||
15 | to all or any part of the real property within the area of a
| ||||||
16 | redevelopment project not disposed of in accordance with | ||||||
17 | Sections 15, 16,
and 17 hereof to (1) Neighborhood | ||||||
18 | Redevelopment Corporations operating
under the "Neighborhood | ||||||
19 | Redevelopment Corporation Law," approved July 9,
1941, as | ||||||
20 | amended, (2) Insurance Companies operating under Section 125a | ||||||
21 | of
the "Illinois Insurance Code," approved June 29, 1937, as | ||||||
22 | amended, (3)
any individual, association, or corporation, | ||||||
23 | organized under the laws of
this State or of any other State or | ||||||
24 | country, which may legally make such
investments in this |
| |||||||
| |||||||
1 | State, including foreign and non-domestic alien insurance | ||||||
2 | companies,
as defined in Section 2 of said "Illinois Insurance | ||||||
3 | Code", or (4) bodies
politic and corporate, public | ||||||
4 | corporations, or any private interest
empowered by law to | ||||||
5 | acquire, develop and use such real property for such
uses, | ||||||
6 | public or private, as are in accordance with an approved plan;
| ||||||
7 | provided, however, that any sale of real property to a housing | ||||||
8 | authority
shall be made only in accordance with the provisions | ||||||
9 | of Sections 16 and 17
hereof. To assure that the real property | ||||||
10 | so sold is used in accordance with
the approved plan referred | ||||||
11 | to in Section 19 hereof, the Department shall
inquire into and | ||||||
12 | satisfy itself concerning the financial ability of the
| ||||||
13 | purchaser to complete the redevelopment in accordance with the | ||||||
14 | approved
plan and shall require the purchaser to execute in | ||||||
15 | writing such
undertakings as the Department may deem necessary | ||||||
16 | to obligate the
purchaser: (1) to use the land for the purposes | ||||||
17 | designated in the approved
plan, (2) to commence and complete | ||||||
18 | the building of the improvements within
the periods of time | ||||||
19 | which the Department fixes as reasonable, and (3) to
comply | ||||||
20 | with such other conditions as are necessary to carry out the
| ||||||
21 | purposes of this Act. Any such area may be sold either as an | ||||||
22 | entirety or in
such parcels as the Department shall deem | ||||||
23 | expedient. It shall not be
necessary that title be acquired to | ||||||
24 | all real property within the area of a
redevelopment project | ||||||
25 | before the sale of a part thereof may be made as
provided | ||||||
26 | herein. Any real property sold pursuant to the foregoing
|
| |||||||
| |||||||
1 | provisions of this Section shall be sold at its use value | ||||||
2 | (which may be
less than its acquisition cost), which | ||||||
3 | represents the value at which the
Department determines such | ||||||
4 | land should be made available in order that it
may be developed | ||||||
5 | or redeveloped for the purposes specified in the approved
| ||||||
6 | plan.
| ||||||
7 | Any real property lying within the area of the | ||||||
8 | redevelopment project
which has not been sold by the | ||||||
9 | Department within five years after the
Department has acquired | ||||||
10 | title to all the real property within the area of
that | ||||||
11 | redevelopment project, shall be forthwith sold by the | ||||||
12 | Department at
public sale for cash to the highest bidder | ||||||
13 | obligating himself in the manner
set forth in the preceding | ||||||
14 | paragraph of this Section to redevelop the
property in | ||||||
15 | accordance with the approved plan. Notice of such sale and of
| ||||||
16 | the place where the approved plan may be inspected shall be | ||||||
17 | published once
in a newspaper having a general circulation in | ||||||
18 | the municipality in which
the real property is situated at | ||||||
19 | least twenty (20) days prior to the date
of such public sale, | ||||||
20 | and shall contain a description of the real property
to be | ||||||
21 | sold.
| ||||||
22 | The Department may reject the bids received if, in the | ||||||
23 | opinion of the
Department, the highest bid does not equal or | ||||||
24 | exceed the use value (as
hereinabove defined) of the land to be | ||||||
25 | sold. At the expiration of six (6)
months from the date of | ||||||
26 | rejecting bids, the Department shall again
advertise for sale |
| |||||||
| |||||||
1 | any real property then remaining unsold. Each
publication | ||||||
2 | shall be subject to the same requirements and conditions as | ||||||
3 | the
original publication.
| ||||||
4 | (Source: P.A. 83-333.)
| ||||||
5 | Section 145. The Service Member Employment and | ||||||
6 | Reemployment Rights Act is amended by changing Section 1-10 as | ||||||
7 | follows: | ||||||
8 | (330 ILCS 61/1-10)
| ||||||
9 | Sec. 1-10. Definitions. As used in this Act: | ||||||
10 | "Accrue" means to accumulate in regular or increasing | ||||||
11 | amounts over time subject to customary allocation of cost. | ||||||
12 | "Active duty" means any full-time military service | ||||||
13 | regardless of length or voluntariness including, but not | ||||||
14 | limited to, annual training, full-time National Guard duty, | ||||||
15 | and State active duty. "Active duty" does not include any form | ||||||
16 | of inactive duty service such as drill duty or muster duty. | ||||||
17 | "Active duty", unless provided otherwise, includes active duty | ||||||
18 | without pay. | ||||||
19 | "Active service" means all forms of active and inactive | ||||||
20 | duty regardless of voluntariness including, but not limited | ||||||
21 | to, annual training, active duty for training, initial active | ||||||
22 | duty training, overseas training duty, full-time National | ||||||
23 | Guard duty, active duty other than training, State active | ||||||
24 | duty, mobilizations, and muster duty. "Active service", unless |
| |||||||
| |||||||
1 | provided otherwise, includes active service without pay. | ||||||
2 | "Active service" includes: | ||||||
3 | (1) Reserve component voluntary active service means | ||||||
4 | service under one of the following authorities: | ||||||
5 | (A) any duty under 32 U.S.C. 502(f)(1)(B); | ||||||
6 | (B) active guard reserve duty, operational | ||||||
7 | support, or additional duty under 10 U.S.C. 12301(d) | ||||||
8 | or 32 U.S.C. 502(f)(1)(B); | ||||||
9 | (C) funeral honors under 10 U.S.C. 12503 or 32 | ||||||
10 | U.S.C. 115; | ||||||
11 | (D) duty at the National Guard Bureau under 10 | ||||||
12 | U.S.C. 12402; | ||||||
13 | (E) unsatisfactory participation under 10 U.S.C. | ||||||
14 | 10148 or 10 U.S.C. 12303; | ||||||
15 | (F) discipline under 10 U.S.C. 802(d); | ||||||
16 | (G) extended active duty under 10 U.S.C. 12311; | ||||||
17 | and | ||||||
18 | (H) reserve program administrator under 10 U.S.C. | ||||||
19 | 10211. | ||||||
20 | (2) Reserve component involuntary active service | ||||||
21 | includes, but is not limited to, service under one of the | ||||||
22 | following authorities: | ||||||
23 | (A) annual training or drill requirements under 10 | ||||||
24 | U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a). | ||||||
25 | (B) additional training duty or other duty under | ||||||
26 | 32 U.S.C. 502(f)(1)(A); |
| |||||||
| |||||||
1 | (C) pre-planned or pre-programmed combatant | ||||||
2 | commander support under 10 U.S.C. 12304b; | ||||||
3 | (D) mobilization under 10 U.S.C. 12301(a) or 10 | ||||||
4 | U.S.C. 12302; | ||||||
5 | (E) presidential reserve call-up under 10 U.S.C. | ||||||
6 | 12304; | ||||||
7 | (F) emergencies and natural disasters under 10 | ||||||
8 | U.S.C. 12304a or 14 U.S.C. 712; | ||||||
9 | (G) muster duty under 10 U.S.C. 12319; | ||||||
10 | (H) retiree recall under 10 U.S.C. 688; | ||||||
11 | (I) captive status under 10 U.S.C. 12301(g); | ||||||
12 | (J) insurrection under 10 U.S.C. 331, 10 U.S.C. | ||||||
13 | 332, or 10 U.S.C. 12406; | ||||||
14 | (K) pending line of duty determination for | ||||||
15 | response to sexual assault under 10 U.S.C. 12323; and | ||||||
16 | (L) initial active duty for training under 10 | ||||||
17 | U.S.C. 671. | ||||||
18 | Reserve component active service not listed in paragraph | ||||||
19 | (1) or (2) shall be considered involuntary active service | ||||||
20 | under paragraph (2). | ||||||
21 | "Active service without pay" means active service | ||||||
22 | performed under any authority in which base pay is not | ||||||
23 | received regardless of other allowances. | ||||||
24 | "Annual training" means any active duty performed under | ||||||
25 | Section 10147 or 12301(b) of Title 10 of the United States Code | ||||||
26 | or under Section 502(a) of Title 32 of the United States Code. |
| |||||||
| |||||||
1 | "Base pay" means the main component of military pay, | ||||||
2 | whether active or inactive, based on rank and time in service. | ||||||
3 | It does not include the addition of conditional funds for | ||||||
4 | specific purposes such as allowances, incentive and special | ||||||
5 | pay. Base pay, also known as basic pay, can be determined by | ||||||
6 | referencing the appropriate military pay chart covering the | ||||||
7 | time period in question located on the federal Defense Finance | ||||||
8 | and Accounting Services website or as reflected on a federal | ||||||
9 | Military Leave and Earnings Statement. | ||||||
10 | "Benefits" includes, but is not limited to, the terms, | ||||||
11 | conditions, or privileges of employment, including any | ||||||
12 | advantage, profit, privilege, gain, status, account, or | ||||||
13 | interest, including wages or salary for work performed, that | ||||||
14 | accrues by reason of an employment contract or agreement or an | ||||||
15 | employer policy, plan, or practice and includes rights and | ||||||
16 | benefits under a pension plan, a health plan, an employee | ||||||
17 | stock ownership plan, insurance coverage and awards, bonuses, | ||||||
18 | severance pay, supplemental unemployment benefits, vacations, | ||||||
19 | and the opportunity to select work hours or location of | ||||||
20 | employment. | ||||||
21 | "Differential compensation" means pay due when the | ||||||
22 | employee's daily rate of compensation for military service is | ||||||
23 | less than his or her daily rate of compensation as a public | ||||||
24 | employee. | ||||||
25 | "Employee" means anyone employed by an employer. | ||||||
26 | "Employee" includes any person who is a citizen, national, or |
| |||||||
| |||||||
1 | permanent resident noncitizen alien of the United States | ||||||
2 | employed in a workplace that the State has legal authority to | ||||||
3 | regulate business and employment. "Employee" does not include | ||||||
4 | an independent contractor. | ||||||
5 | "Employer" means any person, institution, organization, or | ||||||
6 | other entity that pays salary or wages for work performed or | ||||||
7 | that has control over employment opportunities, including: | ||||||
8 | (1) a person, institution, organization, or other | ||||||
9 | entity to whom the employer has delegated the performance | ||||||
10 | of employment-related responsibilities; | ||||||
11 | (2) an employer of a public employee; | ||||||
12 | (3) any successor in interest to a person, | ||||||
13 | institution, organization, or other entity referred to | ||||||
14 | under this definition; and | ||||||
15 | (4) a person, institution, organization, or other | ||||||
16 | entity that has been denied initial employment in | ||||||
17 | violation of Section 5-15. | ||||||
18 | "Inactive duty" means inactive duty training, including | ||||||
19 | drills, consisting of regularly scheduled unit training | ||||||
20 | assemblies, additional training assemblies, periods of | ||||||
21 | appropriate duty or equivalent training, and any special | ||||||
22 | additional duties authorized for reserve component personnel | ||||||
23 | by appropriate military authority. "Inactive duty" does not | ||||||
24 | include active duty. | ||||||
25 | "Military leave" means a furlough or leave of absence | ||||||
26 | while performing active service. It cannot be substituted for |
| |||||||
| |||||||
1 | accrued vacation, annual, or similar leave with pay except at | ||||||
2 | the sole discretion of the service member employee. It is not a | ||||||
3 | benefit of employment that is requested but a legal | ||||||
4 | requirement upon receiving notice of pending military service. | ||||||
5 | "Military service" means: | ||||||
6 | (1) Service in the Armed Forces of the United States, | ||||||
7 | the National Guard of any state or territory regardless of | ||||||
8 | status, and the State Guard as defined in the State Guard | ||||||
9 | Act. "Military service", whether active or reserve, | ||||||
10 | includes service under the authority of U.S.C. Titles 10, | ||||||
11 | 14, or 32, or State active duty. | ||||||
12 | (2) Service in a federally recognized auxiliary of the | ||||||
13 | United States Armed Forces when performing official duties | ||||||
14 | in support of military or civilian authorities as a result | ||||||
15 | of an emergency. | ||||||
16 | (3) A period for which an employee is absent from a | ||||||
17 | position of employment for the purpose of medical or | ||||||
18 | dental treatment for a condition, illness, or injury | ||||||
19 | sustained or aggravated during a period of active service | ||||||
20 | in which treatment is paid by the United States Department | ||||||
21 | of Defense Military Health System. | ||||||
22 | "Public employee" means any person classified as a | ||||||
23 | full-time employee of the State of Illinois, a unit of local | ||||||
24 | government, a public institution of higher education as | ||||||
25 | defined in Section 1 of the Board of Higher Education Act, or a | ||||||
26 | school district, other than an independent contractor. |
| |||||||
| |||||||
1 | "Reserve component" means the reserve components of | ||||||
2 | Illinois and the United States Armed Forces regardless of | ||||||
3 | status. | ||||||
4 | "Service member" means any person who is a member of a | ||||||
5 | military service. | ||||||
6 | "State active duty" means full-time State-funded military | ||||||
7 | duty under the command and control of the Governor and subject | ||||||
8 | to the Military Code of Illinois. | ||||||
9 | "Unit of local government" means any city, village, town, | ||||||
10 | county, or special district.
| ||||||
11 | (Source: P.A. 100-1101, eff. 1-1-19 .) | ||||||
12 | Section 150. The Firearm Owners Identification Card Act is | ||||||
13 | amended by changing Sections 1.1, 4, and 8 as follows:
| ||||||
14 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
15 | Sec. 1.1. For purposes of this Act:
| ||||||
16 | "Addicted to narcotics" means a person who has been: | ||||||
17 | (1) convicted of an offense involving the use or | ||||||
18 | possession of cannabis, a controlled substance, or | ||||||
19 | methamphetamine within the past year; or | ||||||
20 | (2) determined by the Illinois State Police to be | ||||||
21 | addicted to narcotics based upon federal law or federal | ||||||
22 | guidelines. | ||||||
23 | "Addicted to narcotics" does not include possession or use | ||||||
24 | of a prescribed controlled substance under the direction and |
| |||||||
| |||||||
1 | authority of a physician or other person authorized to | ||||||
2 | prescribe the controlled substance when the controlled | ||||||
3 | substance is used in the prescribed manner. | ||||||
4 | "Adjudicated as a person with a mental disability" means | ||||||
5 | the person is the subject of a determination by a court, board, | ||||||
6 | commission or other lawful authority that the person, as a | ||||||
7 | result of marked subnormal intelligence, or mental illness, | ||||||
8 | mental impairment, incompetency, condition, or disease: | ||||||
9 | (1) presents a clear and present danger to himself, | ||||||
10 | herself, or to others; | ||||||
11 | (2) lacks the mental capacity to manage his or her own | ||||||
12 | affairs or is adjudicated a person with a disability as | ||||||
13 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
14 | (3) is not guilty in a criminal case by reason of | ||||||
15 | insanity, mental disease or defect; | ||||||
16 | (3.5) is guilty but mentally ill, as provided in | ||||||
17 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
18 | (4) is incompetent to stand trial in a criminal case; | ||||||
19 | (5) is not guilty by reason of lack of mental | ||||||
20 | responsibility under Articles 50a and 72b of the Uniform | ||||||
21 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
22 | (6) is a sexually violent person under subsection (f) | ||||||
23 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
24 | Act; | ||||||
25 | (7) is a sexually dangerous person under the Sexually | ||||||
26 | Dangerous Persons Act; |
| |||||||
| |||||||
1 | (8) is unfit to stand trial under the Juvenile Court | ||||||
2 | Act of 1987; | ||||||
3 | (9) is not guilty by reason of insanity under the | ||||||
4 | Juvenile Court Act of 1987; | ||||||
5 | (10) is subject to involuntary admission as an | ||||||
6 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
7 | and Developmental Disabilities Code; | ||||||
8 | (11) is subject to involuntary admission as an | ||||||
9 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
10 | Health and Developmental Disabilities Code; | ||||||
11 | (12) is subject to judicial admission as set forth in | ||||||
12 | Section 4-500 of the Mental Health and Developmental | ||||||
13 | Disabilities Code; or | ||||||
14 | (13) is subject to the provisions of the Interstate | ||||||
15 | Agreements on Sexually Dangerous Persons Act. | ||||||
16 | "Clear and present danger" means a person who: | ||||||
17 | (1) communicates a serious threat of physical violence | ||||||
18 | against a reasonably identifiable victim or poses a clear | ||||||
19 | and imminent risk of serious physical injury to himself, | ||||||
20 | herself, or another person as determined by a physician, | ||||||
21 | clinical psychologist, or qualified examiner; or | ||||||
22 | (2) demonstrates threatening physical or verbal | ||||||
23 | behavior, such as violent, suicidal, or assaultive | ||||||
24 | threats, actions, or other behavior, as determined by a | ||||||
25 | physician, clinical psychologist, qualified examiner, | ||||||
26 | school administrator, or law enforcement official. |
| |||||||
| |||||||
1 | "Clinical psychologist" has the meaning provided in | ||||||
2 | Section 1-103 of the Mental Health and Developmental | ||||||
3 | Disabilities Code. | ||||||
4 | "Controlled substance" means a controlled substance or | ||||||
5 | controlled substance analog as defined in the Illinois | ||||||
6 | Controlled Substances Act. | ||||||
7 | "Counterfeit" means to copy or imitate, without legal | ||||||
8 | authority, with
intent
to deceive. | ||||||
9 | "Federally licensed firearm dealer" means a person who is | ||||||
10 | licensed as a federal firearms dealer under Section 923 of the | ||||||
11 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
12 | "Firearm" means any device, by
whatever name known, which | ||||||
13 | is designed to expel a projectile or projectiles
by the action | ||||||
14 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
15 | however:
| ||||||
16 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
17 | B-B gun which
expels a single globular projectile not | ||||||
18 | exceeding .18 inch in
diameter or which has a maximum | ||||||
19 | muzzle velocity of less than 700 feet
per second;
| ||||||
20 | (1.1) any pneumatic gun, spring gun, paint ball gun, | ||||||
21 | or B-B gun which expels breakable paint balls containing | ||||||
22 | washable marking colors; | ||||||
23 | (2) any device used exclusively for signaling or | ||||||
24 | safety and required or
recommended by the United States | ||||||
25 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
26 | (3) any device used exclusively for the firing of stud |
| |||||||
| |||||||
1 | cartridges,
explosive rivets or similar industrial | ||||||
2 | ammunition; and
| ||||||
3 | (4) an antique firearm (other than a machine-gun) | ||||||
4 | which, although
designed as a weapon, the Illinois State | ||||||
5 | Police finds by reason of
the date of its manufacture, | ||||||
6 | value, design, and other characteristics is
primarily a | ||||||
7 | collector's item and is not likely to be used as a weapon.
| ||||||
8 | "Firearm ammunition" means any self-contained cartridge or | ||||||
9 | shotgun
shell, by whatever name known, which is designed to be | ||||||
10 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
11 | (1) any ammunition exclusively designed for use with a | ||||||
12 | device used
exclusively for signaling signalling or safety | ||||||
13 | and required or recommended by the
United States Coast | ||||||
14 | Guard or the Interstate Commerce Commission; and
| ||||||
15 | (2) any ammunition designed exclusively for use with a | ||||||
16 | stud or rivet
driver or other similar industrial | ||||||
17 | ammunition. | ||||||
18 | "Gun show" means an event or function: | ||||||
19 | (1) at which the sale and transfer of firearms is the | ||||||
20 | regular and normal course of business and where 50 or more | ||||||
21 | firearms are displayed, offered, or exhibited for sale, | ||||||
22 | transfer, or exchange; or | ||||||
23 | (2) at which not less than 10 gun show vendors | ||||||
24 | display, offer, or exhibit for sale, sell, transfer, or | ||||||
25 | exchange firearms.
| ||||||
26 | "Gun show" includes the entire premises provided for an |
| |||||||
| |||||||
1 | event or function, including parking areas for the event or | ||||||
2 | function, that is sponsored to facilitate the purchase, sale, | ||||||
3 | transfer, or exchange of firearms as described in this | ||||||
4 | Section.
Nothing in this definition shall be construed to | ||||||
5 | exclude a gun show held in conjunction with competitive | ||||||
6 | shooting events at the World Shooting Complex sanctioned by a | ||||||
7 | national governing body in which the sale or transfer of | ||||||
8 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
9 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
10 | Unless otherwise expressly stated, "gun show" does not | ||||||
11 | include training or safety classes, competitive shooting | ||||||
12 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
13 | skeet, or sporting clays shoots, dinners, banquets, raffles, | ||||||
14 | or
any other event where the sale or transfer of firearms is | ||||||
15 | not the primary course of business. | ||||||
16 | "Gun show promoter" means a person who organizes or | ||||||
17 | operates a gun show. | ||||||
18 | "Gun show vendor" means a person who exhibits, sells, | ||||||
19 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
20 | show, regardless of whether the person arranges with a gun | ||||||
21 | show promoter for a fixed location from which to exhibit, | ||||||
22 | sell, offer for sale, transfer, or exchange any firearm. | ||||||
23 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
24 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
25 | Developmental Disabilities Code. | ||||||
26 | "Mental health facility" means any licensed private |
| |||||||
| |||||||
1 | hospital or hospital affiliate, institution, or facility, or | ||||||
2 | part thereof, and any facility, or part thereof, operated by | ||||||
3 | the State or a political subdivision thereof which provides | ||||||
4 | provide treatment of persons with mental illness and includes | ||||||
5 | all hospitals, institutions, clinics, evaluation facilities, | ||||||
6 | mental health centers, colleges, universities, long-term care | ||||||
7 | facilities, and nursing homes, or parts thereof, which provide | ||||||
8 | treatment of persons with mental illness whether or not the | ||||||
9 | primary purpose is to provide treatment of persons with mental | ||||||
10 | illness. | ||||||
11 | "National governing body" means a group of persons who | ||||||
12 | adopt rules and formulate policy on behalf of a national | ||||||
13 | firearm sporting organization. | ||||||
14 | "Noncitizen" means a person who is not a citizen of the | ||||||
15 | United States, but is a person who is a foreign-born person who | ||||||
16 | lives in the United States, has not been naturalized, and is | ||||||
17 | still a citizen of a foreign country. | ||||||
18 | "Patient" means: | ||||||
19 | (1) a person who is admitted as an inpatient or | ||||||
20 | resident of a public or private mental health facility for | ||||||
21 | mental health treatment under Chapter III of the Mental | ||||||
22 | Health and Developmental Disabilities Code as an informal | ||||||
23 | admission, a voluntary admission, a minor admission, an | ||||||
24 | emergency admission, or an involuntary admission, unless | ||||||
25 | the treatment was solely for an alcohol abuse disorder; or | ||||||
26 | (2) a person who voluntarily or involuntarily receives |
| |||||||
| |||||||
1 | mental health treatment as an out-patient or is otherwise | ||||||
2 | provided services by a public or private mental health | ||||||
3 | facility , and who poses a clear and present danger to | ||||||
4 | himself, herself, or to others. | ||||||
5 | "Person with a developmental disability" means a person | ||||||
6 | with a disability which is attributable to any other condition | ||||||
7 | which results in impairment similar to that caused by an | ||||||
8 | intellectual disability and which requires services similar to | ||||||
9 | those required by persons with intellectual disabilities. The | ||||||
10 | disability must originate before the age of 18
years, be | ||||||
11 | expected to continue indefinitely, and constitute a | ||||||
12 | substantial disability. This disability results, in the | ||||||
13 | professional opinion of a physician, clinical psychologist, or | ||||||
14 | qualified examiner, in significant functional limitations in 3 | ||||||
15 | or more of the following areas of major life activity: | ||||||
16 | (i) self-care; | ||||||
17 | (ii) receptive and expressive language; | ||||||
18 | (iii) learning; | ||||||
19 | (iv) mobility; or | ||||||
20 | (v) self-direction. | ||||||
21 | "Person with an intellectual disability" means a person | ||||||
22 | with a significantly subaverage general intellectual | ||||||
23 | functioning which exists concurrently with impairment in | ||||||
24 | adaptive behavior and which originates before the age of 18 | ||||||
25 | years. | ||||||
26 | "Physician" has the meaning as defined in Section 1-120 of |
| |||||||
| |||||||
1 | the Mental Health and Developmental Disabilities Code. | ||||||
2 | "Protective order" means any orders of protection issued | ||||||
3 | under the Illinois Domestic Violence Act of 1986, stalking no | ||||||
4 | contact orders issued under the Stalking No Contact Order Act, | ||||||
5 | civil no contact orders issued under the Civil No Contact | ||||||
6 | Order Act, and firearms restraining orders issued under the | ||||||
7 | Firearms Restraining Order Act. | ||||||
8 | "Qualified examiner" has the meaning provided in Section | ||||||
9 | 1-122 of the Mental Health and Developmental Disabilities | ||||||
10 | Code. | ||||||
11 | "Sanctioned competitive shooting event" means a shooting | ||||||
12 | contest officially recognized by a national or state shooting | ||||||
13 | sport association, and includes any sight-in or practice | ||||||
14 | conducted in conjunction with the event.
| ||||||
15 | "School administrator" means the person required to report | ||||||
16 | under the School Administrator Reporting of Mental Health | ||||||
17 | Clear and Present Danger Determinations Law. | ||||||
18 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
19 | Section 24-1 of the Criminal Code of 2012. | ||||||
20 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
21 | revised 10-6-21.)
| ||||||
22 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
23 | Sec. 4. Application for Firearm Owner's Identification | ||||||
24 | Cards. | ||||||
25 | (a) Each applicant for a Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card must:
| ||||||
2 | (1) Submit an application as made available by the | ||||||
3 | Illinois State Police; and
| ||||||
4 | (2) Submit evidence to the Illinois State Police that:
| ||||||
5 | (i) This subparagraph (i) applies through the | ||||||
6 | 180th day following July 12, 2019 ( the effective date | ||||||
7 | of Public Act 101-80) this amendatory Act of the 101st | ||||||
8 | General Assembly . He or she is 21 years of age or over, | ||||||
9 | or if he or she is under 21
years of age that he or she | ||||||
10 | has the written consent of his or her parent or
legal | ||||||
11 | guardian to possess and acquire firearms and firearm | ||||||
12 | ammunition and that
he or she has never been convicted | ||||||
13 | of a misdemeanor other than a traffic
offense or | ||||||
14 | adjudged
delinquent, provided, however, that such | ||||||
15 | parent or legal guardian is not an
individual | ||||||
16 | prohibited from having a Firearm Owner's | ||||||
17 | Identification Card and
files an affidavit with the | ||||||
18 | Department as prescribed by the Department
stating | ||||||
19 | that he or she is not an individual prohibited from | ||||||
20 | having a Card; | ||||||
21 | (i-5) This subparagraph (i-5) applies on and after | ||||||
22 | the 181st day following July 12, 2019 ( the effective | ||||||
23 | date of Public Act 101-80) this amendatory Act of the | ||||||
24 | 101st General Assembly . He or she is 21 years of age or | ||||||
25 | over, or if he or she is under 21
years of age that he | ||||||
26 | or she has never been convicted of a misdemeanor other |
| |||||||
| |||||||
1 | than a traffic offense or adjudged delinquent and is | ||||||
2 | an active duty member of the United States Armed | ||||||
3 | Forces or has the written consent of his or her parent | ||||||
4 | or
legal guardian to possess and acquire firearms and | ||||||
5 | firearm ammunition, provided, however, that such | ||||||
6 | parent or legal guardian is not an
individual | ||||||
7 | prohibited from having a Firearm Owner's | ||||||
8 | Identification Card and
files an affidavit with the | ||||||
9 | Illinois State Police Department as prescribed by the | ||||||
10 | Illinois State Police Department
stating that he or | ||||||
11 | she is not an individual prohibited from having a Card | ||||||
12 | or the active duty member of the United States Armed | ||||||
13 | Forces under 21 years of age annually submits proof to | ||||||
14 | the Illinois State Police, in a manner prescribed by | ||||||
15 | the Illinois State Police Department ;
| ||||||
16 | (ii) He or she has not been convicted of a felony | ||||||
17 | under the laws of
this or any other jurisdiction;
| ||||||
18 | (iii) He or she is not addicted to narcotics;
| ||||||
19 | (iv) He or she has not been a patient in a mental | ||||||
20 | health facility within
the past 5 years or, if he or | ||||||
21 | she has been a patient in a mental health facility more | ||||||
22 | than 5 years ago submit the certification required | ||||||
23 | under subsection (u) of Section 8 of this Act;
| ||||||
24 | (v) He or she is not a person with an intellectual | ||||||
25 | disability;
| ||||||
26 | (vi) He or she is not a noncitizen an alien who is |
| |||||||
| |||||||
1 | unlawfully present in the
United States under the laws | ||||||
2 | of the United States;
| ||||||
3 | (vii) He or she is not subject to an existing order | ||||||
4 | of protection
prohibiting him or her from possessing a | ||||||
5 | firearm;
| ||||||
6 | (viii) He or she has not been convicted within the | ||||||
7 | past 5 years of
battery, assault, aggravated assault, | ||||||
8 | violation of an order of
protection, or a | ||||||
9 | substantially similar offense in another jurisdiction, | ||||||
10 | in
which a firearm was used or possessed;
| ||||||
11 | (ix) He or she has not been convicted of domestic | ||||||
12 | battery, aggravated domestic battery, or a
| ||||||
13 | substantially similar offense in another
jurisdiction | ||||||
14 | committed before, on or after January 1, 2012 (the | ||||||
15 | effective date of Public Act 97-158). If the applicant | ||||||
16 | knowingly and intelligently waives the right to have | ||||||
17 | an offense described in this clause (ix) tried by a | ||||||
18 | jury, and by guilty plea or otherwise, results in a | ||||||
19 | conviction for an offense in which a domestic | ||||||
20 | relationship is not a required element of the offense | ||||||
21 | but in which a determination of the applicability of | ||||||
22 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
23 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
24 | court of a judgment of conviction for that offense | ||||||
25 | shall be grounds for denying the issuance of a Firearm | ||||||
26 | Owner's Identification Card under this Section;
|
| |||||||
| |||||||
1 | (x) (Blank);
| ||||||
2 | (xi) He or she is not a person an alien who has | ||||||
3 | been admitted to the United
States under a | ||||||
4 | non-immigrant visa (as that term is defined in Section
| ||||||
5 | 101(a)(26) of the Immigration and Nationality Act (8 | ||||||
6 | U.S.C. 1101(a)(26))),
or that he or she is a | ||||||
7 | noncitizen an alien who has been lawfully admitted to | ||||||
8 | the United
States under a non-immigrant visa if that | ||||||
9 | person alien is:
| ||||||
10 | (1) admitted to the United States for lawful | ||||||
11 | hunting or sporting
purposes;
| ||||||
12 | (2) an official representative of a foreign | ||||||
13 | government who is:
| ||||||
14 | (A) accredited to the United States | ||||||
15 | Government or the Government's
mission to an | ||||||
16 | international organization having its | ||||||
17 | headquarters in the United
States; or
| ||||||
18 | (B) en route to or from another country to | ||||||
19 | which that noncitizen alien is
accredited;
| ||||||
20 | (3) an official of a foreign government or | ||||||
21 | distinguished foreign
visitor who has been so | ||||||
22 | designated by the Department of State;
| ||||||
23 | (4) a foreign law enforcement officer of a | ||||||
24 | friendly foreign
government entering the United | ||||||
25 | States on official business; or
| ||||||
26 | (5) one who has received a waiver from the |
| |||||||
| |||||||
1 | Attorney General of the
United States pursuant to | ||||||
2 | 18 U.S.C. 922(y)(3);
| ||||||
3 | (xii) He or she is not a minor subject to a | ||||||
4 | petition filed
under Section 5-520 of the Juvenile | ||||||
5 | Court Act of 1987 alleging that the
minor is a | ||||||
6 | delinquent minor for the commission of an offense that | ||||||
7 | if
committed by an adult would be a felony;
| ||||||
8 | (xiii) He or she is not an adult who had been | ||||||
9 | adjudicated a delinquent
minor under the Juvenile | ||||||
10 | Court Act of 1987 for the commission of an offense
that | ||||||
11 | if committed by an adult would be a felony;
| ||||||
12 | (xiv) He or she is a resident of the State of | ||||||
13 | Illinois; | ||||||
14 | (xv) He or she has not been adjudicated as a person | ||||||
15 | with a mental disability; | ||||||
16 | (xvi) He or she has not been involuntarily | ||||||
17 | admitted into a mental health facility; and | ||||||
18 | (xvii) He or she is not a person with a | ||||||
19 | developmental disability; and | ||||||
20 | (3) Upon request by the Illinois State Police, sign a | ||||||
21 | release on a
form prescribed by the Illinois State Police | ||||||
22 | waiving any right to
confidentiality and requesting the | ||||||
23 | disclosure to the Illinois State Police
of limited mental | ||||||
24 | health institution admission information from another | ||||||
25 | state,
the District of Columbia, any other territory of | ||||||
26 | the United States, or a
foreign nation concerning the |
| |||||||
| |||||||
1 | applicant for the sole purpose of determining
whether the | ||||||
2 | applicant is or was a patient in a mental health | ||||||
3 | institution and
disqualified because of that status from | ||||||
4 | receiving a Firearm Owner's
Identification Card. No mental | ||||||
5 | health care or treatment records may be
requested. The | ||||||
6 | information received shall be destroyed within one year of
| ||||||
7 | receipt.
| ||||||
8 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
9 | Card who is over
the age of 18 shall furnish to the Illinois | ||||||
10 | State Police either his or
her Illinois driver's license | ||||||
11 | number or Illinois Identification Card number, except as
| ||||||
12 | provided in subsection (a-10).
| ||||||
13 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
14 | Card,
who is employed as a law enforcement officer, an armed | ||||||
15 | security officer in Illinois, or by the United States Military
| ||||||
16 | permanently assigned in Illinois and who is not an Illinois | ||||||
17 | resident, shall furnish to
the Illinois State Police his or | ||||||
18 | her driver's license number or state
identification card | ||||||
19 | number from his or her state of residence. The Illinois State | ||||||
20 | Police may adopt rules to enforce the provisions of this
| ||||||
21 | subsection (a-10).
| ||||||
22 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
23 | Identification Card moves from the residence address named in | ||||||
24 | the application, he or she shall immediately notify in a form | ||||||
25 | and manner prescribed by the Illinois State Police of that | ||||||
26 | change of address. |
| |||||||
| |||||||
1 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
2 | Card shall furnish to the Illinois State Police his or her | ||||||
3 | photograph. An applicant who is 21 years of age or older | ||||||
4 | seeking a religious exemption to the photograph requirement | ||||||
5 | must furnish with the application an approved copy of United | ||||||
6 | States Department of the Treasury Internal Revenue Service | ||||||
7 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
8 | age seeking a religious exemption to the photograph | ||||||
9 | requirement shall submit fingerprints on a form and manner | ||||||
10 | prescribed by the Illinois State Police Department with his or | ||||||
11 | her application. | ||||||
12 | (a-25) Beginning January 1, 2023, each applicant for the | ||||||
13 | issuance of a Firearm Owner's Identification Card may include | ||||||
14 | a full set of his or her fingerprints in electronic format to | ||||||
15 | the Illinois State Police, unless the applicant has previously | ||||||
16 | provided a full set of his or her fingerprints to the Illinois | ||||||
17 | State Police under this Act or the Firearm Concealed Carry | ||||||
18 | Act. | ||||||
19 | The fingerprints must be transmitted through a live scan | ||||||
20 | fingerprint vendor licensed by the Department of Financial and | ||||||
21 | Professional Regulation. The fingerprints shall be checked | ||||||
22 | against the fingerprint records now and hereafter filed in the | ||||||
23 | Illinois State Police and Federal Bureau of Investigation | ||||||
24 | criminal history records databases, including all available | ||||||
25 | State and local criminal history record information files. | ||||||
26 | The Illinois State Police shall charge applicants a |
| |||||||
| |||||||
1 | one-time fee for conducting the criminal history record check, | ||||||
2 | which shall be deposited into the State Police Services Fund | ||||||
3 | and shall not exceed the actual cost of the State and national | ||||||
4 | criminal history record check. | ||||||
5 | (a-26) The Illinois State Police shall research, explore, | ||||||
6 | and report to the General Assembly by January 1, 2022 on the | ||||||
7 | feasibility of permitting voluntarily submitted fingerprints | ||||||
8 | obtained for purposes other than Firearm Owner's | ||||||
9 | Identification Card enforcement that are contained in the | ||||||
10 | Illinois State Police database for purposes of this Act. | ||||||
11 | (b) Each application form shall include the following | ||||||
12 | statement printed in
bold type: "Warning: Entering false | ||||||
13 | information on an application for a Firearm
Owner's | ||||||
14 | Identification Card is punishable as a Class 2 felony in | ||||||
15 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
16 | Owners Identification Card
Act.".
| ||||||
17 | (c) Upon such written consent, pursuant to Section 4, | ||||||
18 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
19 | consent shall be liable for any
damages resulting from the | ||||||
20 | applicant's use of firearms or firearm ammunition.
| ||||||
21 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
22 | 102-538, eff. 8-20-21; revised 10-12-21.)
| ||||||
23 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
24 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
25 | State Police has authority to deny an
application for or to |
| |||||||
| |||||||
1 | revoke and seize a Firearm Owner's Identification
Card | ||||||
2 | previously issued under this Act only if the Illinois State | ||||||
3 | Police Department finds that the
applicant or the person to | ||||||
4 | whom such card was issued is or was at the time
of issuance:
| ||||||
5 | (a) A person under 21 years of age who has been | ||||||
6 | convicted of a
misdemeanor other than a traffic offense or | ||||||
7 | adjudged delinquent;
| ||||||
8 | (b) This subsection (b) applies through the 180th day | ||||||
9 | following July 12, 2019 ( the effective date of Public Act | ||||||
10 | 101-80) this amendatory Act of the 101st General Assembly . | ||||||
11 | A person under 21 years of age who does not have the | ||||||
12 | written consent
of his parent or guardian to acquire and | ||||||
13 | possess firearms and firearm
ammunition, or whose parent | ||||||
14 | or guardian has revoked such written consent,
or where | ||||||
15 | such parent or guardian does not qualify to have a Firearm | ||||||
16 | Owner's
Identification Card; | ||||||
17 | (b-5) This subsection (b-5) applies on and after the | ||||||
18 | 181st day following July 12, 2019 ( the effective date of | ||||||
19 | Public Act 101-80) this amendatory Act of the 101st | ||||||
20 | General Assembly . A person under 21 years of age who is not | ||||||
21 | an active duty member of the United States Armed Forces | ||||||
22 | and does not have the written consent
of his or her parent | ||||||
23 | or guardian to acquire and possess firearms and firearm
| ||||||
24 | ammunition, or whose parent or guardian has revoked such | ||||||
25 | written consent,
or where such parent or guardian does not | ||||||
26 | qualify to have a Firearm Owner's
Identification Card;
|
| |||||||
| |||||||
1 | (c) A person convicted of a felony under the laws of | ||||||
2 | this or any other
jurisdiction;
| ||||||
3 | (d) A person addicted to narcotics;
| ||||||
4 | (e) A person who has been a patient of a mental health | ||||||
5 | facility within the
past 5 years or a person who has been a | ||||||
6 | patient in a mental health facility more than 5 years ago | ||||||
7 | who has not received the certification required under | ||||||
8 | subsection (u) of this Section. An active law enforcement | ||||||
9 | officer employed by a unit of government or a Department | ||||||
10 | of Corrections employee authorized to possess firearms who | ||||||
11 | is denied, revoked, or has his or her Firearm Owner's | ||||||
12 | Identification Card seized under this subsection (e) may | ||||||
13 | obtain relief as described in subsection (c-5) of Section | ||||||
14 | 10 of this Act if the officer or employee did not act in a | ||||||
15 | manner threatening to the officer or employee, another | ||||||
16 | person, or the public as determined by the treating | ||||||
17 | clinical psychologist or physician, and the officer or | ||||||
18 | employee seeks mental health treatment;
| ||||||
19 | (f) A person whose mental condition is of such a | ||||||
20 | nature that it poses
a clear and present danger to the | ||||||
21 | applicant, any other person or persons , or
the community;
| ||||||
22 | (g) A person who has an intellectual disability;
| ||||||
23 | (h) A person who intentionally makes a false statement | ||||||
24 | in the Firearm
Owner's Identification Card application;
| ||||||
25 | (i) A noncitizen An alien who is unlawfully present in
| ||||||
26 | the United States under the laws of the United States;
|
| |||||||
| |||||||
1 | (i-5) A person An alien who has been admitted to the | ||||||
2 | United States under a
non-immigrant visa (as that term is | ||||||
3 | defined in Section 101(a)(26) of the
Immigration and | ||||||
4 | Nationality Act (8 U.S.C. 1101(a)(26))), except that this
| ||||||
5 | subsection (i-5) does not apply to any noncitizen alien | ||||||
6 | who has been lawfully admitted to
the United States under | ||||||
7 | a non-immigrant visa if that person alien is:
| ||||||
8 | (1) admitted to the United States for lawful | ||||||
9 | hunting or sporting purposes;
| ||||||
10 | (2) an official representative of a foreign | ||||||
11 | government who is:
| ||||||
12 | (A) accredited to the United States Government | ||||||
13 | or the Government's
mission to an international | ||||||
14 | organization having its headquarters in the United
| ||||||
15 | States; or
| ||||||
16 | (B) en route to or from another country to | ||||||
17 | which that noncitizen alien is
accredited;
| ||||||
18 | (3) an official of a foreign government or | ||||||
19 | distinguished foreign visitor
who has been so | ||||||
20 | designated by the Department of State;
| ||||||
21 | (4) a foreign law enforcement officer of a | ||||||
22 | friendly foreign government
entering the United States | ||||||
23 | on official business; or
| ||||||
24 | (5) one who has received a waiver from the | ||||||
25 | Attorney General of the United
States pursuant to 18 | ||||||
26 | U.S.C. 922(y)(3);
|
| |||||||
| |||||||
1 | (j) (Blank);
| ||||||
2 | (k) A person who has been convicted within the past 5 | ||||||
3 | years of battery,
assault, aggravated assault, violation | ||||||
4 | of an order of protection, or a
substantially similar | ||||||
5 | offense in another jurisdiction, in which a firearm was
| ||||||
6 | used or possessed;
| ||||||
7 | (l) A person who has been convicted of domestic | ||||||
8 | battery, aggravated domestic battery, or a substantially
| ||||||
9 | similar offense in another jurisdiction committed before, | ||||||
10 | on or after January 1, 2012 (the effective date of Public | ||||||
11 | Act 97-158). If the applicant or person who has been | ||||||
12 | previously issued a Firearm Owner's Identification Card | ||||||
13 | under this Act knowingly and intelligently waives the | ||||||
14 | right to have an offense described in this paragraph (l) | ||||||
15 | tried by a jury, and by guilty plea or otherwise, results | ||||||
16 | in a conviction for an offense in which a domestic | ||||||
17 | relationship is not a required element of the offense but | ||||||
18 | in which a determination of the applicability of 18 U.S.C. | ||||||
19 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
20 | Criminal Procedure of 1963, an entry by the court of a | ||||||
21 | judgment of conviction for that offense shall be grounds | ||||||
22 | for denying an application for and for revoking and | ||||||
23 | seizing a Firearm Owner's Identification Card previously | ||||||
24 | issued to the person under this Act;
| ||||||
25 | (m) (Blank);
| ||||||
26 | (n) A person who is prohibited from acquiring or |
| |||||||
| |||||||
1 | possessing
firearms or firearm ammunition by any Illinois | ||||||
2 | State statute or by federal
law;
| ||||||
3 | (o) A minor subject to a petition filed under Section | ||||||
4 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
5 | minor is a delinquent minor for
the commission of an | ||||||
6 | offense that if committed by an adult would be a felony;
| ||||||
7 | (p) An adult who had been adjudicated a delinquent | ||||||
8 | minor under the Juvenile
Court Act of 1987 for the | ||||||
9 | commission of an offense that if committed by an
adult | ||||||
10 | would be a felony;
| ||||||
11 | (q) A person who is not a resident of the State of | ||||||
12 | Illinois, except as provided in subsection (a-10) of | ||||||
13 | Section 4; | ||||||
14 | (r) A person who has been adjudicated as a person with | ||||||
15 | a mental disability; | ||||||
16 | (s) A person who has been found to have a | ||||||
17 | developmental disability; | ||||||
18 | (t) A person involuntarily admitted into a mental | ||||||
19 | health facility; or | ||||||
20 | (u) A person who has had his or her Firearm Owner's | ||||||
21 | Identification Card revoked or denied under subsection (e) | ||||||
22 | of this Section or item (iv) of paragraph (2) of | ||||||
23 | subsection (a) of Section 4 of this Act because he or she | ||||||
24 | was a patient in a mental health facility as provided in | ||||||
25 | subsection (e) of this Section, shall not be permitted to | ||||||
26 | obtain a Firearm Owner's Identification Card, after the |
| |||||||
| |||||||
1 | 5-year period has lapsed, unless he or she has received a | ||||||
2 | mental health evaluation by a physician, clinical | ||||||
3 | psychologist, or qualified examiner as those terms are | ||||||
4 | defined in the Mental Health and Developmental | ||||||
5 | Disabilities Code, and has received a certification that | ||||||
6 | he or she is not a clear and present danger to himself, | ||||||
7 | herself, or others. The physician, clinical psychologist, | ||||||
8 | or qualified examiner making the certification and his or | ||||||
9 | her employer shall not be held criminally, civilly, or | ||||||
10 | professionally liable for making or not making the | ||||||
11 | certification required under this subsection, except for | ||||||
12 | willful or wanton misconduct. This subsection does not | ||||||
13 | apply to a person whose firearm possession rights have | ||||||
14 | been restored through administrative or judicial action | ||||||
15 | under Section 10 or 11 of this Act. | ||||||
16 | Upon revocation of a person's Firearm Owner's | ||||||
17 | Identification Card, the Illinois State Police shall provide | ||||||
18 | notice to the person and the person shall comply with Section | ||||||
19 | 9.5 of this Act. | ||||||
20 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
21 | 102-645, eff. 1-1-22; revised 10-14-21.)
| ||||||
22 | Section 155. The Criminal Code of 2012 is amended by | ||||||
23 | changing Section 17-6.5 as follows: | ||||||
24 | (720 ILCS 5/17-6.5)
|
| |||||||
| |||||||
1 | Sec. 17-6.5. Persons under deportation order; | ||||||
2 | ineligibility for benefits. | ||||||
3 | (a) An individual against whom a United States Immigration | ||||||
4 | Judge
has issued an order of deportation which has been | ||||||
5 | affirmed by the Board of
Immigration Review, as well as an | ||||||
6 | individual who appeals such an order
pending appeal, under | ||||||
7 | paragraph 19 of Section 241(a) of the
Immigration and | ||||||
8 | Nationality Act relating to persecution of others on
account | ||||||
9 | of race, religion, national origin or political opinion under | ||||||
10 | the
direction of or in association with the Nazi government of | ||||||
11 | Germany or its
allies, shall be ineligible for the following | ||||||
12 | benefits authorized by State law: | ||||||
13 | (1) The homestead exemptions and homestead improvement
| ||||||
14 | exemption under Sections 15-170, 15-175, 15-176, and | ||||||
15 | 15-180 of the Property Tax Code. | ||||||
16 | (2) Grants under the Senior Citizens and Persons with | ||||||
17 | Disabilities Property Tax
Relief Act. | ||||||
18 | (3) The double income tax exemption conferred upon | ||||||
19 | persons 65 years of
age or older by Section 204 of the | ||||||
20 | Illinois Income Tax Act. | ||||||
21 | (4) Grants provided by the Department on Aging. | ||||||
22 | (5) Reductions in vehicle registration fees under | ||||||
23 | Section 3-806.3 of the
Illinois Vehicle Code. | ||||||
24 | (6) Free fishing and reduced fishing license fees | ||||||
25 | under Sections 20-5
and 20-40 of the Fish and Aquatic Life | ||||||
26 | Code. |
| |||||||
| |||||||
1 | (7) Tuition free courses for senior citizens under the | ||||||
2 | Senior Citizen
Courses Act. | ||||||
3 | (8) Any benefits under the Illinois Public Aid Code. | ||||||
4 | (b) If a person has been found by a court to have knowingly
| ||||||
5 | received benefits in violation of subsection (a) and: | ||||||
6 | (1) the total monetary value of the benefits received | ||||||
7 | is less than $150, the person is guilty
of a Class A | ||||||
8 | misdemeanor; a second or subsequent violation is a Class 4 | ||||||
9 | felony; | ||||||
10 | (2) the total monetary value of the benefits received | ||||||
11 | is $150 or more but less than $1,000,
the person is guilty | ||||||
12 | of a Class 4 felony; a second or subsequent violation is a | ||||||
13 | Class 3 felony; | ||||||
14 | (3) the total monetary value of the benefits received | ||||||
15 | is $1,000 or more but less than $5,000,
the person is | ||||||
16 | guilty of a Class 3 felony; a second or subsequent | ||||||
17 | violation is a Class 2 felony; | ||||||
18 | (4) the total monetary value of the benefits received | ||||||
19 | is $5,000 or more but less than $10,000,
the person is | ||||||
20 | guilty of a Class 2 felony; a second or subsequent | ||||||
21 | violation is a Class 1 felony; or | ||||||
22 | (5) the total monetary value of the benefits received | ||||||
23 | is $10,000 or more, the person is guilty
of a Class 1 | ||||||
24 | felony. | ||||||
25 | (c) For purposes of determining the classification of an | ||||||
26 | offense under
this Section, all of the monetary value of the |
| |||||||
| |||||||
1 | benefits
received as a result of the unlawful act,
practice, | ||||||
2 | or course of conduct may be accumulated. | ||||||
3 | (d) Any grants awarded to persons described in subsection | ||||||
4 | (a) may be recovered by the State of Illinois in a civil action | ||||||
5 | commenced
by the Attorney General in the circuit court of | ||||||
6 | Sangamon County or the
State's Attorney of the county of | ||||||
7 | residence of the person described in
subsection (a). | ||||||
8 | (e) An individual described in subsection (a) who has been
| ||||||
9 | deported shall be restored to any benefits which that | ||||||
10 | individual has been
denied under State law pursuant to | ||||||
11 | subsection (a) if (i) the Attorney
General of the United | ||||||
12 | States has issued an order cancelling deportation and
has | ||||||
13 | adjusted the status of the individual to that of a noncitizen | ||||||
14 | an alien lawfully
admitted for permanent residence in the | ||||||
15 | United States or (ii) the country
to which the individual has | ||||||
16 | been deported adjudicates or exonerates the
individual in a | ||||||
17 | judicial or administrative proceeding as not being guilty
of | ||||||
18 | the persecution of others on account of race, religion, | ||||||
19 | national origin,
or political opinion under the direction of | ||||||
20 | or in association with the Nazi
government of Germany or its | ||||||
21 | allies.
| ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
23 | Section 160. The Prevention of Cigarette and Electronic | ||||||
24 | Cigarette Sales to Persons under 21 Years of Age Act is amended | ||||||
25 | by changing Section 2 as follows: |
| |||||||
| |||||||
1 | (720 ILCS 678/2) | ||||||
2 | Sec. 2. Definitions. For the purpose of this Act: | ||||||
3 | "Cigarette", when used in this Act, means any roll for | ||||||
4 | smoking made wholly or in part of tobacco irrespective of size | ||||||
5 | or shape and whether or not the tobacco is flavored, | ||||||
6 | adulterated, or mixed with any other ingredient, and the | ||||||
7 | wrapper or cover of which is made of paper or any other | ||||||
8 | substance or material except whole leaf tobacco. | ||||||
9 | "Clear and conspicuous statement" means the statement is | ||||||
10 | of sufficient type size to be clearly readable by the | ||||||
11 | recipient of the communication. | ||||||
12 | "Consumer" means an individual who acquires or seeks to | ||||||
13 | acquire cigarettes or electronic cigarettes for personal use. | ||||||
14 | "Delivery sale" means any sale of cigarettes or electronic | ||||||
15 | cigarettes to a consumer if: | ||||||
16 | (a) the consumer submits the order for such sale by | ||||||
17 | means of a telephone or other method of voice | ||||||
18 | transmission, the mails, or the Internet or other online | ||||||
19 | service, or the seller is otherwise not in the physical | ||||||
20 | presence of the buyer when the request for purchase or | ||||||
21 | order is made; or | ||||||
22 | (b) the cigarettes or electronic cigarettes are | ||||||
23 | delivered by use of a common carrier, private delivery
| ||||||
24 | service, or the mails, or the seller is not in the physical | ||||||
25 | presence of the buyer when the buyer obtains possession of |
| |||||||
| |||||||
1 | the cigarettes or electronic cigarettes. | ||||||
2 | "Delivery service" means any person (other than a person | ||||||
3 | that makes a delivery sale) who
delivers to the consumer the | ||||||
4 | cigarettes or electronic cigarettes sold in a delivery sale. | ||||||
5 | "Department" means the Department of Revenue. | ||||||
6 | "Electronic cigarette" means: | ||||||
7 | (1) any device that employs a battery or other | ||||||
8 | mechanism to heat a solution or substance to produce a | ||||||
9 | vapor or aerosol intended for inhalation; | ||||||
10 | (2) any cartridge or container of a solution or | ||||||
11 | substance intended to be used with or in the device or to | ||||||
12 | refill the device; or | ||||||
13 | (3) any solution or substance, whether or not it | ||||||
14 | contains nicotine, intended for use in the device. | ||||||
15 | "Electronic cigarette" includes, but is not limited to, | ||||||
16 | any electronic nicotine delivery system, electronic cigar, | ||||||
17 | electronic cigarillo, electronic pipe, electronic hookah, vape | ||||||
18 | pen, or similar product or device, and any component, part, or | ||||||
19 | accessory of a device used during the operation of the device, | ||||||
20 | even if the part or accessory was sold separately. "Electronic | ||||||
21 | cigarette" does not include: cigarettes, as defined in Section | ||||||
22 | 1 of the Cigarette Tax Act; any product approved by the United | ||||||
23 | States Food and Drug Administration for sale as a tobacco | ||||||
24 | cessation product, a tobacco dependence product, or for other | ||||||
25 | medical purposes that is marketed and sold solely for that | ||||||
26 | approved purpose; any asthma inhaler prescribed by a physician |
| |||||||
| |||||||
1 | for that condition that is marketed and sold solely for that | ||||||
2 | approved purpose; any device that meets the definition of | ||||||
3 | cannabis paraphernalia under Section 1-10 of the Cannabis | ||||||
4 | Regulation and Tax Act; or any cannabis product sold by a | ||||||
5 | dispensing organization pursuant to the Cannabis Regulation | ||||||
6 | and Tax Act or the Compassionate Use of Medical Cannabis | ||||||
7 | Program Act. | ||||||
8 | "Government-issued identification" means a State driver's | ||||||
9 | license, State identification card, passport, a military | ||||||
10 | identification or an official naturalization or immigration | ||||||
11 | document, such as a an alien registration recipient card | ||||||
12 | (commonly known as a "green card") or an immigrant visa. | ||||||
13 | "Mails" or "mailing" mean the shipment of cigarettes or | ||||||
14 | electronic cigarettes through the United States Postal | ||||||
15 | Service. | ||||||
16 | "Out-of-state sale" means a sale of cigarettes or | ||||||
17 | electronic cigarettes to a consumer located outside of this | ||||||
18 | State where the consumer submits the order for such sale by | ||||||
19 | means of a telephonic or other method of voice transmission, | ||||||
20 | the mails or any other delivery service, facsimile | ||||||
21 | transmission, or the Internet or other online service and | ||||||
22 | where the cigarettes or electronic cigarettes are delivered by | ||||||
23 | use of the mails or other delivery service. | ||||||
24 | "Person" means any individual, corporation, partnership, | ||||||
25 | limited liability company, association, or other organization | ||||||
26 | that engages in any for-profit or not-for-profit activities. |
| |||||||
| |||||||
1 | "Shipping package" means a container in which packs or | ||||||
2 | cartons of cigarettes or electronic cigarettes are shipped in | ||||||
3 | connection with a delivery sale. | ||||||
4 | "Shipping documents" means bills of lading, air bills, or | ||||||
5 | any other documents used to evidence the undertaking by a | ||||||
6 | delivery service to deliver letters, packages, or other | ||||||
7 | containers.
| ||||||
8 | (Source: P.A. 102-575, eff. 1-1-22 .) | ||||||
9 | Section 165. The Code of Criminal Procedure of 1963 is | ||||||
10 | amended by changing Section 113-8 as follows:
| ||||||
11 | (725 ILCS 5/113-8)
| ||||||
12 | Sec. 113-8. Advisement concerning status as a noncitizen | ||||||
13 | an alien . | ||||||
14 | (a) Before the acceptance of a plea of guilty, guilty but | ||||||
15 | mentally ill, or
nolo contendere to a misdemeanor or felony
| ||||||
16 | offense, the court shall give the following advisement to the | ||||||
17 | defendant in open
court:
| ||||||
18 | "If you are not a citizen of the United States, you are | ||||||
19 | hereby advised that
conviction of the offense for which you
| ||||||
20 | have been charged may have the consequence of deportation, | ||||||
21 | exclusion from
admission to the United States, or denial of
| ||||||
22 | naturalization under the laws of the United States.".
| ||||||
23 | (b) If the defendant is arraigned on or after the | ||||||
24 | effective date of this amendatory Act of the 101st General |
| |||||||
| |||||||
1 | Assembly, and the court fails to advise the defendant as | ||||||
2 | required by subsection (a) of this Section, and the defendant | ||||||
3 | shows that conviction of the offense to which the defendant | ||||||
4 | pleaded guilty, guilty but mentally ill, or nolo contendere | ||||||
5 | may have the consequence for the defendant of deportation, | ||||||
6 | exclusion from admission to the United States, or denial of | ||||||
7 | naturalization under the laws of the United States, the court, | ||||||
8 | upon the defendant's motion, shall vacate the judgment and | ||||||
9 | permit the defendant to withdraw the plea of guilty, guilty | ||||||
10 | but mentally ill, or nolo contendere and enter a plea of not | ||||||
11 | guilty. The motion
shall be filed within 2 years of the date of | ||||||
12 | the defendant's
conviction. | ||||||
13 | (Source: P.A. 101-409, eff. 1-1-20 .)
| ||||||
14 | Section 170. The Unified Code of Corrections is amended by | ||||||
15 | changing Sections 3-2-2 and 5-5-3 as follows:
| ||||||
16 | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| ||||||
17 | Sec. 3-2-2. Powers and duties of the Department.
| ||||||
18 | (1) In addition to the powers, duties, and | ||||||
19 | responsibilities which are
otherwise provided by law, the | ||||||
20 | Department shall have the following powers:
| ||||||
21 | (a) To accept persons committed to it by the courts of | ||||||
22 | this State for
care, custody, treatment , and | ||||||
23 | rehabilitation, and to accept federal prisoners and | ||||||
24 | noncitizens aliens over whom the Office of the Federal |
| |||||||
| |||||||
1 | Detention Trustee is authorized to exercise the federal | ||||||
2 | detention function for limited purposes and periods of | ||||||
3 | time.
| ||||||
4 | (b) To develop and maintain reception and evaluation | ||||||
5 | units for purposes
of analyzing the custody and | ||||||
6 | rehabilitation needs of persons committed to
it and to | ||||||
7 | assign such persons to institutions and programs under its | ||||||
8 | control
or transfer them to other appropriate agencies. In | ||||||
9 | consultation with the
Department of Alcoholism and | ||||||
10 | Substance Abuse (now the Department of Human
Services), | ||||||
11 | the Department of Corrections
shall develop a master plan | ||||||
12 | for the screening and evaluation of persons
committed to | ||||||
13 | its custody who have alcohol or drug abuse problems, and | ||||||
14 | for
making appropriate treatment available to such | ||||||
15 | persons; the Department
shall report to the General | ||||||
16 | Assembly on such plan not later than April 1,
1987. The | ||||||
17 | maintenance and implementation of such plan shall be | ||||||
18 | contingent
upon the availability of funds.
| ||||||
19 | (b-1) To create and implement, on January 1, 2002, a | ||||||
20 | pilot
program to
establish the effectiveness of | ||||||
21 | pupillometer technology (the measurement of the
pupil's
| ||||||
22 | reaction to light) as an alternative to a urine test for | ||||||
23 | purposes of screening
and evaluating
persons committed to | ||||||
24 | its custody who have alcohol or drug problems. The
pilot | ||||||
25 | program shall require the pupillometer technology to be | ||||||
26 | used in at
least one Department of
Corrections facility. |
| |||||||
| |||||||
1 | The Director may expand the pilot program to include an
| ||||||
2 | additional facility or
facilities as he or she deems | ||||||
3 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
4 | the pilot program.
The
Department must report to the
| ||||||
5 | General Assembly on the
effectiveness of the program by | ||||||
6 | January 1, 2003.
| ||||||
7 | (b-5) To develop, in consultation with the Illinois | ||||||
8 | State Police, a
program for tracking and evaluating each | ||||||
9 | inmate from commitment through release
for recording his | ||||||
10 | or her gang affiliations, activities, or ranks.
| ||||||
11 | (c) To maintain and administer all State correctional | ||||||
12 | institutions and
facilities under its control and to | ||||||
13 | establish new ones as needed. Pursuant
to its power to | ||||||
14 | establish new institutions and facilities, the Department
| ||||||
15 | may, with the written approval of the Governor, authorize | ||||||
16 | the Department of
Central Management Services to enter | ||||||
17 | into an agreement of the type
described in subsection (d) | ||||||
18 | of Section 405-300 of the
Department
of Central Management | ||||||
19 | Services Law. The Department shall
designate those | ||||||
20 | institutions which
shall constitute the State Penitentiary | ||||||
21 | System. The Department of Juvenile Justice shall maintain | ||||||
22 | and administer all State youth centers pursuant to | ||||||
23 | subsection (d) of Section 3-2.5-20.
| ||||||
24 | Pursuant to its power to establish new institutions | ||||||
25 | and facilities, the
Department may authorize the | ||||||
26 | Department of Central Management Services to
accept bids |
| |||||||
| |||||||
1 | from counties and municipalities for the construction,
| ||||||
2 | remodeling , or conversion of a structure to be leased to | ||||||
3 | the Department of
Corrections for the purposes of its | ||||||
4 | serving as a correctional institution
or facility. Such | ||||||
5 | construction, remodeling , or conversion may be financed
| ||||||
6 | with revenue bonds issued pursuant to the Industrial | ||||||
7 | Building Revenue Bond
Act by the municipality or county. | ||||||
8 | The lease specified in a bid shall be
for a term of not | ||||||
9 | less than the time needed to retire any revenue bonds
used | ||||||
10 | to finance the project, but not to exceed 40 years. The | ||||||
11 | lease may
grant to the State the option to purchase the | ||||||
12 | structure outright.
| ||||||
13 | Upon receipt of the bids, the Department may certify | ||||||
14 | one or more of the
bids and shall submit any such bids to | ||||||
15 | the General Assembly for approval.
Upon approval of a bid | ||||||
16 | by a constitutional majority of both houses of the
General | ||||||
17 | Assembly, pursuant to joint resolution, the Department of | ||||||
18 | Central
Management Services may enter into an agreement | ||||||
19 | with the county or
municipality pursuant to such bid.
| ||||||
20 | (c-5) To build and maintain regional juvenile | ||||||
21 | detention centers and to
charge a per diem to the counties | ||||||
22 | as established by the Department to defray
the costs of | ||||||
23 | housing each minor in a center. In this subsection (c-5),
| ||||||
24 | "juvenile
detention center" means a facility to house | ||||||
25 | minors during pendency of trial who
have been transferred | ||||||
26 | from proceedings under the Juvenile Court Act of 1987 to
|
| |||||||
| |||||||
1 | prosecutions under the criminal laws of this State in | ||||||
2 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
3 | 1987, whether the transfer was by operation
of
law or | ||||||
4 | permissive under that Section. The Department shall | ||||||
5 | designate the
counties to be served by each regional | ||||||
6 | juvenile detention center.
| ||||||
7 | (d) To develop and maintain programs of control, | ||||||
8 | rehabilitation , and
employment of committed persons within | ||||||
9 | its institutions.
| ||||||
10 | (d-5) To provide a pre-release job preparation program | ||||||
11 | for inmates at Illinois adult correctional centers.
| ||||||
12 | (d-10) To provide educational and visitation | ||||||
13 | opportunities to committed persons within its institutions | ||||||
14 | through temporary access to content-controlled tablets | ||||||
15 | that may be provided as a privilege to committed persons | ||||||
16 | to induce or reward compliance. | ||||||
17 | (e) To establish a system of supervision and guidance | ||||||
18 | of committed persons
in the community.
| ||||||
19 | (f) To establish in cooperation with the Department of | ||||||
20 | Transportation
to supply a sufficient number of prisoners | ||||||
21 | for use by the Department of
Transportation to clean up | ||||||
22 | the trash and garbage along State, county,
township, or | ||||||
23 | municipal highways as designated by the Department of
| ||||||
24 | Transportation. The Department of Corrections, at the | ||||||
25 | request of the
Department of Transportation, shall furnish | ||||||
26 | such prisoners at least
annually for a period to be agreed |
| |||||||
| |||||||
1 | upon between the Director of
Corrections and the Secretary | ||||||
2 | of Transportation. The prisoners used on this
program | ||||||
3 | shall be selected by the Director of Corrections on | ||||||
4 | whatever basis
he deems proper in consideration of their | ||||||
5 | term, behavior and earned eligibility
to participate in | ||||||
6 | such program - where they will be outside of the prison
| ||||||
7 | facility but still in the custody of the Department of | ||||||
8 | Corrections. Prisoners
convicted of first degree murder, | ||||||
9 | or a Class X felony, or armed violence, or
aggravated | ||||||
10 | kidnapping, or criminal sexual assault, aggravated | ||||||
11 | criminal sexual
abuse or a subsequent conviction for | ||||||
12 | criminal sexual abuse, or forcible
detention, or arson, or | ||||||
13 | a prisoner adjudged a Habitual Criminal shall not be
| ||||||
14 | eligible for selection to participate in such program. The | ||||||
15 | prisoners shall
remain as prisoners in the custody of the | ||||||
16 | Department of Corrections and such
Department shall | ||||||
17 | furnish whatever security is necessary. The Department of
| ||||||
18 | Transportation shall furnish trucks and equipment for the | ||||||
19 | highway cleanup
program and personnel to supervise and | ||||||
20 | direct the program. Neither the
Department of Corrections | ||||||
21 | nor the Department of Transportation shall replace
any | ||||||
22 | regular employee with a prisoner.
| ||||||
23 | (g) To maintain records of persons committed to it and | ||||||
24 | to establish
programs of research, statistics , and | ||||||
25 | planning.
| ||||||
26 | (h) To investigate the grievances of any person |
| |||||||
| |||||||
1 | committed to the
Department and to inquire into any | ||||||
2 | alleged misconduct by employees
or committed persons; and | ||||||
3 | for
these purposes it may issue subpoenas and compel the | ||||||
4 | attendance of witnesses
and the production of writings and | ||||||
5 | papers, and may examine under oath any
witnesses who may | ||||||
6 | appear before it; to also investigate alleged violations
| ||||||
7 | of a parolee's or releasee's conditions of parole or | ||||||
8 | release; and for this
purpose it may issue subpoenas and | ||||||
9 | compel the attendance of witnesses and
the production of | ||||||
10 | documents only if there is reason to believe that such
| ||||||
11 | procedures would provide evidence that such violations | ||||||
12 | have occurred.
| ||||||
13 | If any person fails to obey a subpoena issued under | ||||||
14 | this subsection,
the Director may apply to any circuit | ||||||
15 | court to secure compliance with the
subpoena. The failure | ||||||
16 | to comply with the order of the court issued in
response | ||||||
17 | thereto shall be punishable as contempt of court.
| ||||||
18 | (i) To appoint and remove the chief administrative | ||||||
19 | officers, and
administer
programs of training and | ||||||
20 | development of personnel of the Department. Personnel
| ||||||
21 | assigned by the Department to be responsible for the
| ||||||
22 | custody and control of committed persons or to investigate | ||||||
23 | the alleged
misconduct of committed persons or employees | ||||||
24 | or alleged violations of a
parolee's or releasee's | ||||||
25 | conditions of parole shall be conservators of the peace
| ||||||
26 | for those purposes, and shall have the full power of peace |
| |||||||
| |||||||
1 | officers outside
of the facilities of the Department in | ||||||
2 | the protection, arrest, retaking ,
and reconfining of | ||||||
3 | committed persons or where the exercise of such power
is | ||||||
4 | necessary to the investigation of such misconduct or | ||||||
5 | violations. This subsection shall not apply to persons | ||||||
6 | committed to the Department of Juvenile Justice under the | ||||||
7 | Juvenile Court Act of 1987 on aftercare release.
| ||||||
8 | (j) To cooperate with other departments and agencies | ||||||
9 | and with local
communities for the development of | ||||||
10 | standards and programs for better
correctional services in | ||||||
11 | this State.
| ||||||
12 | (k) To administer all moneys and properties of the | ||||||
13 | Department.
| ||||||
14 | (l) To report annually to the Governor on the | ||||||
15 | committed
persons, institutions , and programs of the | ||||||
16 | Department.
| ||||||
17 | (l-5) (Blank).
| ||||||
18 | (m) To make all rules and regulations and exercise all | ||||||
19 | powers and duties
vested by law in the Department.
| ||||||
20 | (n) To establish rules and regulations for | ||||||
21 | administering a system of
sentence credits, established in | ||||||
22 | accordance with Section 3-6-3, subject
to review by the | ||||||
23 | Prisoner Review Board.
| ||||||
24 | (o) To administer the distribution of funds
from the | ||||||
25 | State Treasury to reimburse counties where State penal
| ||||||
26 | institutions are located for the payment of assistant |
| |||||||
| |||||||
1 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
2 | Counties Code.
| ||||||
3 | (p) To exchange information with the Department of | ||||||
4 | Human Services and the
Department of Healthcare and Family | ||||||
5 | Services
for the purpose of verifying living arrangements | ||||||
6 | and for other purposes
directly connected with the | ||||||
7 | administration of this Code and the Illinois
Public Aid | ||||||
8 | Code.
| ||||||
9 | (q) To establish a diversion program.
| ||||||
10 | The program shall provide a structured environment for | ||||||
11 | selected
technical parole or mandatory supervised release | ||||||
12 | violators and committed
persons who have violated the | ||||||
13 | rules governing their conduct while in work
release. This | ||||||
14 | program shall not apply to those persons who have | ||||||
15 | committed
a new offense while serving on parole or | ||||||
16 | mandatory supervised release or
while committed to work | ||||||
17 | release.
| ||||||
18 | Elements of the program shall include, but shall not | ||||||
19 | be limited to, the
following:
| ||||||
20 | (1) The staff of a diversion facility shall | ||||||
21 | provide supervision in
accordance with required | ||||||
22 | objectives set by the facility.
| ||||||
23 | (2) Participants shall be required to maintain | ||||||
24 | employment.
| ||||||
25 | (3) Each participant shall pay for room and board | ||||||
26 | at the facility on a
sliding-scale basis according to |
| |||||||
| |||||||
1 | the participant's income.
| ||||||
2 | (4) Each participant shall:
| ||||||
3 | (A) provide restitution to victims in | ||||||
4 | accordance with any court order;
| ||||||
5 | (B) provide financial support to his | ||||||
6 | dependents; and
| ||||||
7 | (C) make appropriate payments toward any other | ||||||
8 | court-ordered
obligations.
| ||||||
9 | (5) Each participant shall complete community | ||||||
10 | service in addition to
employment.
| ||||||
11 | (6) Participants shall take part in such | ||||||
12 | counseling, educational , and
other programs as the | ||||||
13 | Department may deem appropriate.
| ||||||
14 | (7) Participants shall submit to drug and alcohol | ||||||
15 | screening.
| ||||||
16 | (8) The Department shall promulgate rules | ||||||
17 | governing the administration
of the program.
| ||||||
18 | (r) To enter into intergovernmental cooperation | ||||||
19 | agreements under which
persons in the custody of the | ||||||
20 | Department may participate in a county impact
| ||||||
21 | incarceration program established under Section 3-6038 or | ||||||
22 | 3-15003.5 of the
Counties Code.
| ||||||
23 | (r-5) (Blank).
| ||||||
24 | (r-10) To systematically and routinely identify with | ||||||
25 | respect to each
streetgang active within the correctional | ||||||
26 | system: (1) each active gang; (2)
every existing |
| |||||||
| |||||||
1 | inter-gang affiliation or alliance; and (3) the current | ||||||
2 | leaders
in each gang. The Department shall promptly | ||||||
3 | segregate leaders from inmates who
belong to their gangs | ||||||
4 | and allied gangs. "Segregate" means no physical contact
| ||||||
5 | and, to the extent possible under the conditions and space | ||||||
6 | available at the
correctional facility, prohibition of | ||||||
7 | visual and sound communication. For the
purposes of this | ||||||
8 | paragraph (r-10), "leaders" means persons who:
| ||||||
9 | (i) are members of a criminal streetgang;
| ||||||
10 | (ii) with respect to other individuals within the | ||||||
11 | streetgang, occupy a
position of organizer, | ||||||
12 | supervisor, or other position of management or
| ||||||
13 | leadership; and
| ||||||
14 | (iii) are actively and personally engaged in | ||||||
15 | directing, ordering,
authorizing, or requesting | ||||||
16 | commission of criminal acts by others, which are
| ||||||
17 | punishable as a felony, in furtherance of streetgang | ||||||
18 | related activity both
within and outside of the | ||||||
19 | Department of Corrections.
| ||||||
20 | "Streetgang", "gang", and "streetgang related" have the | ||||||
21 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
22 | Streetgang Terrorism Omnibus Prevention
Act.
| ||||||
23 | (s) To operate a super-maximum security institution, | ||||||
24 | in order to
manage and
supervise inmates who are | ||||||
25 | disruptive or dangerous and provide for the safety
and | ||||||
26 | security of the staff and the other inmates.
|
| |||||||
| |||||||
1 | (t) To monitor any unprivileged conversation or any | ||||||
2 | unprivileged
communication, whether in person or by mail, | ||||||
3 | telephone, or other means,
between an inmate who, before | ||||||
4 | commitment to the Department, was a member of an
organized | ||||||
5 | gang and any other person without the need to show cause or | ||||||
6 | satisfy
any other requirement of law before beginning the | ||||||
7 | monitoring, except as
constitutionally required. The | ||||||
8 | monitoring may be by video, voice, or other
method of | ||||||
9 | recording or by any other means. As used in this | ||||||
10 | subdivision (1)(t),
"organized gang" has the meaning | ||||||
11 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
12 | Terrorism Omnibus Prevention Act.
| ||||||
13 | As used in this subdivision (1)(t), "unprivileged | ||||||
14 | conversation" or
"unprivileged communication" means a | ||||||
15 | conversation or communication that is not
protected by any | ||||||
16 | privilege recognized by law or by decision, rule, or order | ||||||
17 | of
the Illinois Supreme Court.
| ||||||
18 | (u) To establish a Women's and Children's Pre-release | ||||||
19 | Community
Supervision
Program for the purpose of providing | ||||||
20 | housing and services to eligible female
inmates, as | ||||||
21 | determined by the Department, and their newborn and young
| ||||||
22 | children.
| ||||||
23 | (u-5) To issue an order, whenever a person committed | ||||||
24 | to the Department absconds or absents himself or herself, | ||||||
25 | without authority to do so, from any facility or program | ||||||
26 | to which he or she is assigned. The order shall be |
| |||||||
| |||||||
1 | certified by the Director, the Supervisor of the | ||||||
2 | Apprehension Unit, or any person duly designated by the | ||||||
3 | Director, with the seal of the Department affixed. The | ||||||
4 | order shall be directed to all sheriffs, coroners, and | ||||||
5 | police officers, or to any particular person named in the | ||||||
6 | order. Any order issued pursuant to this subdivision | ||||||
7 | (1)(u-5) shall be sufficient warrant for the officer or | ||||||
8 | person named in the order to arrest and deliver the | ||||||
9 | committed person to the proper correctional officials and | ||||||
10 | shall be executed the same as criminal process. | ||||||
11 | (u-6) To appoint a point of contact person who shall
| ||||||
12 | receive suggestions, complaints, or other requests to the
| ||||||
13 | Department from visitors to Department institutions or
| ||||||
14 | facilities and from other members of the public. | ||||||
15 | (v) To do all other acts necessary to carry out the | ||||||
16 | provisions
of this Chapter.
| ||||||
17 | (2) The Department of Corrections shall by January 1, | ||||||
18 | 1998, consider
building and operating a correctional facility | ||||||
19 | within 100 miles of a county of
over 2,000,000 inhabitants, | ||||||
20 | especially a facility designed to house juvenile
participants | ||||||
21 | in the impact incarceration program.
| ||||||
22 | (3) When the Department lets bids for contracts for | ||||||
23 | medical
services to be provided to persons committed to | ||||||
24 | Department facilities by
a health maintenance organization, | ||||||
25 | medical service corporation, or other
health care provider, | ||||||
26 | the bid may only be let to a health care provider
that has |
| |||||||
| |||||||
1 | obtained an irrevocable letter of credit or performance bond
| ||||||
2 | issued by a company whose bonds have an investment grade or | ||||||
3 | higher rating by a bond rating
organization.
| ||||||
4 | (4) When the Department lets bids for
contracts for food | ||||||
5 | or commissary services to be provided to
Department | ||||||
6 | facilities, the bid may only be let to a food or commissary
| ||||||
7 | services provider that has obtained an irrevocable letter of
| ||||||
8 | credit or performance bond issued by a company whose bonds | ||||||
9 | have an investment grade or higher rating by a bond rating | ||||||
10 | organization.
| ||||||
11 | (5) On and after the date 6 months after August 16, 2013 | ||||||
12 | (the effective date of Public Act 98-488), as provided in the | ||||||
13 | Executive Order 1 (2012) Implementation Act, all of the | ||||||
14 | powers, duties, rights, and responsibilities related to State | ||||||
15 | healthcare purchasing under this Code that were transferred | ||||||
16 | from the Department of Corrections to the Department of | ||||||
17 | Healthcare and Family Services by Executive Order 3 (2005) are | ||||||
18 | transferred back to the Department of Corrections; however, | ||||||
19 | powers, duties, rights, and responsibilities related to State | ||||||
20 | healthcare purchasing under this Code that were exercised by | ||||||
21 | the Department of Corrections before the effective date of | ||||||
22 | Executive Order 3 (2005) but that pertain to individuals | ||||||
23 | resident in facilities operated by the Department of Juvenile | ||||||
24 | Justice are transferred to the Department of Juvenile Justice. | ||||||
25 | (Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21; | ||||||
26 | 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised |
| |||||||
| |||||||
1 | 10-15-21.)
| ||||||
2 | (730 ILCS 5/5-5-3)
| ||||||
3 | Sec. 5-5-3. Disposition.
| ||||||
4 | (a) (Blank).
| ||||||
5 | (b) (Blank).
| ||||||
6 | (c) (1) (Blank).
| ||||||
7 | (2) A period of probation, a term of periodic imprisonment | ||||||
8 | or
conditional discharge shall not be imposed for the | ||||||
9 | following offenses.
The court shall sentence the offender to | ||||||
10 | not less than the minimum term
of imprisonment set forth in | ||||||
11 | this Code for the following offenses, and
may order a fine or | ||||||
12 | restitution or both in conjunction with such term of
| ||||||
13 | imprisonment:
| ||||||
14 | (A) First degree murder where the death penalty is not | ||||||
15 | imposed.
| ||||||
16 | (B) Attempted first degree murder.
| ||||||
17 | (C) A Class X felony.
| ||||||
18 | (D) A violation of Section 401.1 or 407 of the
| ||||||
19 | Illinois Controlled Substances Act, or a violation of | ||||||
20 | subdivision (c)(1.5) of
Section 401 of that Act which | ||||||
21 | relates to more than 5 grams of a substance
containing | ||||||
22 | fentanyl or an analog thereof.
| ||||||
23 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
24 | of the Illinois Controlled Substances Act which relates to | ||||||
25 | 3 or more grams of a substance
containing heroin or an |
| |||||||
| |||||||
1 | analog thereof. | ||||||
2 | (E) (Blank).
| ||||||
3 | (F) A Class 1 or greater felony if the offender had | ||||||
4 | been convicted
of a Class 1 or greater felony, including | ||||||
5 | any state or federal conviction for an offense that | ||||||
6 | contained, at the time it was committed, the same elements | ||||||
7 | as an offense now (the date of the offense committed after | ||||||
8 | the prior Class 1 or greater felony) classified as a Class | ||||||
9 | 1 or greater felony, within 10 years of the date on which | ||||||
10 | the
offender
committed the offense for which he or she is | ||||||
11 | being sentenced, except as
otherwise provided in Section | ||||||
12 | 40-10 of the Substance Use Disorder Act.
| ||||||
13 | (F-3) A Class 2 or greater felony sex offense or | ||||||
14 | felony firearm offense if the offender had been convicted | ||||||
15 | of a Class 2 or greater felony, including any state or | ||||||
16 | federal conviction for an offense that contained, at the | ||||||
17 | time it was committed, the same elements as an offense now | ||||||
18 | (the date of the offense committed after the prior Class 2 | ||||||
19 | or greater felony) classified as a Class 2 or greater | ||||||
20 | felony, within 10 years of the date on which the offender | ||||||
21 | committed the offense for which he or she is being | ||||||
22 | sentenced, except as otherwise provided in Section 40-10 | ||||||
23 | of the Substance Use Disorder Act. | ||||||
24 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||||||
25 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
26 | for which imprisonment is prescribed in those Sections. |
| |||||||
| |||||||
1 | (G) Residential burglary, except as otherwise provided | ||||||
2 | in Section 40-10
of the Substance Use Disorder Act.
| ||||||
3 | (H) Criminal sexual assault.
| ||||||
4 | (I) Aggravated battery of a senior citizen as | ||||||
5 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
6 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012.
| ||||||
8 | (J) A forcible felony if the offense was related to | ||||||
9 | the activities of an
organized gang.
| ||||||
10 | Before July 1, 1994, for the purposes of this | ||||||
11 | paragraph, "organized
gang" means an association of 5 or | ||||||
12 | more persons, with an established hierarchy,
that | ||||||
13 | encourages members of the association to perpetrate crimes | ||||||
14 | or provides
support to the members of the association who | ||||||
15 | do commit crimes.
| ||||||
16 | Beginning July 1, 1994, for the purposes of this | ||||||
17 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
18 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
19 | Prevention Act.
| ||||||
20 | (K) Vehicular hijacking.
| ||||||
21 | (L) A second or subsequent conviction for the offense | ||||||
22 | of hate crime
when the underlying offense upon which the | ||||||
23 | hate crime is based is felony
aggravated
assault or felony | ||||||
24 | mob action.
| ||||||
25 | (M) A second or subsequent conviction for the offense | ||||||
26 | of institutional
vandalism if the damage to the property |
| |||||||
| |||||||
1 | exceeds $300.
| ||||||
2 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
3 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
4 | Identification Card Act.
| ||||||
5 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
7 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
8 | or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
10 | (P-5) A violation of paragraph (6) of subsection (a) | ||||||
11 | of
Section 11-20.1 of the Criminal Code of 1961 or the
| ||||||
12 | Criminal Code of 2012 if the victim is a household or
| ||||||
13 | family member of the defendant. | ||||||
14 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
15 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
16 | Code of
1961 or the Criminal Code of 2012.
| ||||||
17 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
18 | of
1961 or the Criminal Code of 2012.
| ||||||
19 | (S) (Blank).
| ||||||
20 | (T) (Blank).
| ||||||
21 | (U) A second or subsequent violation of Section 6-303 | ||||||
22 | of the Illinois Vehicle Code committed while his or her | ||||||
23 | driver's license, permit, or privilege was revoked because | ||||||
24 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
25 | or the Criminal Code of 2012, relating to the offense of | ||||||
26 | reckless homicide, or a similar provision of a law of |
| |||||||
| |||||||
1 | another state.
| ||||||
2 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
3 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
4 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
5 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
6 | Code of 2012 when the victim is under 13 years of age and | ||||||
7 | the defendant has previously been convicted under the laws | ||||||
8 | of this State or any other state of the offense of child | ||||||
9 | pornography, aggravated child pornography, aggravated | ||||||
10 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
11 | predatory criminal sexual assault of a child, or any of | ||||||
12 | the offenses formerly known as rape, deviate sexual | ||||||
13 | assault, indecent liberties with a child, or aggravated | ||||||
14 | indecent liberties with a child where the victim was under | ||||||
15 | the age of 18 years or an offense that is substantially | ||||||
16 | equivalent to those offenses. | ||||||
17 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
18 | of 1961 or the Criminal Code of 2012.
| ||||||
19 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
20 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
21 | (Y) A conviction for unlawful possession of a firearm | ||||||
22 | by a street gang member when the firearm was loaded or | ||||||
23 | contained firearm ammunition. | ||||||
24 | (Z) A Class 1 felony committed while he or she was | ||||||
25 | serving a term of probation or conditional discharge for a | ||||||
26 | felony. |
| |||||||
| |||||||
1 | (AA) Theft of property exceeding $500,000 and not | ||||||
2 | exceeding $1,000,000 in value. | ||||||
3 | (BB) Laundering of criminally derived property of a | ||||||
4 | value exceeding
$500,000. | ||||||
5 | (CC) Knowingly selling, offering for sale, holding for | ||||||
6 | sale, or using 2,000 or more counterfeit items or | ||||||
7 | counterfeit items having a retail value in the aggregate | ||||||
8 | of $500,000 or more. | ||||||
9 | (DD) A conviction for aggravated assault under | ||||||
10 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
12 | firearm is aimed toward the person against whom the | ||||||
13 | firearm is being used. | ||||||
14 | (EE) A conviction for a violation of paragraph (2) of | ||||||
15 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
16 | 2012. | ||||||
17 | (3) (Blank).
| ||||||
18 | (4) A minimum term of imprisonment of not less than 10
| ||||||
19 | consecutive days or 30 days of community service shall be | ||||||
20 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
21 | the Illinois Vehicle Code.
| ||||||
22 | (4.1) (Blank).
| ||||||
23 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
24 | this subsection (c), a
minimum of
100 hours of community | ||||||
25 | service shall be imposed for a second violation of
Section | ||||||
26 | 6-303
of the Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
2 | hours of community
service, as determined by the court, shall
| ||||||
3 | be imposed for a second violation of subsection (c) of Section | ||||||
4 | 6-303 of the
Illinois Vehicle Code.
| ||||||
5 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
6 | (4.9) of this
subsection (c), a
minimum term of imprisonment | ||||||
7 | of 30 days or 300 hours of community service, as
determined by | ||||||
8 | the court, shall
be imposed
for a third or subsequent | ||||||
9 | violation of Section 6-303 of the Illinois Vehicle
Code. The | ||||||
10 | court may give credit toward the fulfillment of community | ||||||
11 | service hours for participation in activities and treatment as | ||||||
12 | determined by court services.
| ||||||
13 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
14 | imposed for a third violation of subsection (c) of
Section | ||||||
15 | 6-303 of the Illinois Vehicle Code.
| ||||||
16 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
17 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
18 | shall be imposed for a
fourth or subsequent violation of | ||||||
19 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
20 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
21 | consecutive days, or 300 hours of community service, shall be | ||||||
22 | imposed for a violation of subsection (a-5) of Section 6-303 | ||||||
23 | of the Illinois Vehicle Code, as provided in subsection (b-5) | ||||||
24 | of that Section.
| ||||||
25 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
26 | second violation of subsection (a-5) of Section 6-303 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
2 | Section. The person's driving privileges shall be revoked for | ||||||
3 | a period of not less than 5 years from the date of his or her | ||||||
4 | release from prison.
| ||||||
5 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
6 | not more than 15 years shall be imposed for a third violation | ||||||
7 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
8 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
9 | person's driving privileges shall be revoked for the remainder | ||||||
10 | of his or her life.
| ||||||
11 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
12 | shall be imposed, and the person shall be eligible for an | ||||||
13 | extended term sentence, for a fourth or subsequent violation | ||||||
14 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
15 | Code, as provided in subsection (d-3.5) of that Section. The | ||||||
16 | person's driving privileges shall be revoked for the remainder | ||||||
17 | of his or her life.
| ||||||
18 | (5) The court may sentence a corporation or unincorporated
| ||||||
19 | association convicted of any offense to:
| ||||||
20 | (A) a period of conditional discharge;
| ||||||
21 | (B) a fine;
| ||||||
22 | (C) make restitution to the victim under Section 5-5-6 | ||||||
23 | of this Code.
| ||||||
24 | (5.1) In addition to any other penalties imposed, and | ||||||
25 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
26 | convicted of violating subsection (c) of Section 11-907 of the |
| |||||||
| |||||||
1 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
2 | permit, or privileges
suspended for at least 90 days but not | ||||||
3 | more than one year, if the violation
resulted in damage to the | ||||||
4 | property of another person.
| ||||||
5 | (5.2) In addition to any other penalties imposed, and | ||||||
6 | except as provided in paragraph (5.3), a person convicted
of | ||||||
7 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
8 | Vehicle Code
shall have his or her driver's license, permit, | ||||||
9 | or privileges suspended for at
least 180 days but not more than | ||||||
10 | 2 years, if the violation resulted in injury
to
another | ||||||
11 | person.
| ||||||
12 | (5.3) In addition to any other penalties imposed, a person | ||||||
13 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
14 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
15 | permit, or privileges suspended for 2 years, if the violation | ||||||
16 | resulted in the
death of another person.
| ||||||
17 | (5.4) In addition to any other penalties imposed, a person | ||||||
18 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
19 | Code shall have his or her driver's license, permit, or | ||||||
20 | privileges suspended for 3 months and until he or she has paid | ||||||
21 | a reinstatement fee of $100. | ||||||
22 | (5.5) In addition to any other penalties imposed, a person | ||||||
23 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
24 | Code during a period in which his or her driver's license, | ||||||
25 | permit, or privileges were suspended for a previous violation | ||||||
26 | of that Section shall have his or her driver's license, |
| |||||||
| |||||||
1 | permit, or privileges suspended for an additional 6 months | ||||||
2 | after the expiration of the original 3-month suspension and | ||||||
3 | until he or she has paid a reinstatement fee of $100.
| ||||||
4 | (6) (Blank).
| ||||||
5 | (7) (Blank).
| ||||||
6 | (8) (Blank).
| ||||||
7 | (9) A defendant convicted of a second or subsequent | ||||||
8 | offense of ritualized
abuse of a child may be sentenced to a | ||||||
9 | term of natural life imprisonment.
| ||||||
10 | (10) (Blank).
| ||||||
11 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
12 | first offense
and $2,000 for a second or subsequent offense | ||||||
13 | upon a person convicted of or
placed on supervision for | ||||||
14 | battery when the individual harmed was a sports
official or | ||||||
15 | coach at any level of competition and the act causing harm to | ||||||
16 | the
sports
official or coach occurred within an athletic | ||||||
17 | facility or within the immediate vicinity
of the athletic | ||||||
18 | facility at which the sports official or coach was an active
| ||||||
19 | participant
of the athletic contest held at the athletic | ||||||
20 | facility. For the purposes of
this paragraph (11), "sports | ||||||
21 | official" means a person at an athletic contest
who enforces | ||||||
22 | the rules of the contest, such as an umpire or referee; | ||||||
23 | "athletic facility" means an indoor or outdoor playing field | ||||||
24 | or recreational area where sports activities are conducted;
| ||||||
25 | and "coach" means a person recognized as a coach by the | ||||||
26 | sanctioning
authority that conducted the sporting event. |
| |||||||
| |||||||
1 | (12) A person may not receive a disposition of court | ||||||
2 | supervision for a
violation of Section 5-16 of the Boat | ||||||
3 | Registration and Safety Act if that
person has previously | ||||||
4 | received a disposition of court supervision for a
violation of | ||||||
5 | that Section.
| ||||||
6 | (13) A person convicted of or placed on court supervision | ||||||
7 | for an assault or aggravated assault when the victim and the | ||||||
8 | offender are family or household members as defined in Section | ||||||
9 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
10 | of domestic battery or aggravated domestic battery may be | ||||||
11 | required to attend a Partner Abuse Intervention Program under | ||||||
12 | protocols set forth by the Illinois Department of Human | ||||||
13 | Services under such terms and conditions imposed by the court. | ||||||
14 | The costs of such classes shall be paid by the offender.
| ||||||
15 | (d) In any case in which a sentence originally imposed is | ||||||
16 | vacated,
the case shall be remanded to the trial court. The | ||||||
17 | trial court shall
hold a hearing under Section 5-4-1 of this | ||||||
18 | Code
which may include evidence of the defendant's life, moral | ||||||
19 | character and
occupation during the time since the original | ||||||
20 | sentence was passed. The
trial court shall then impose | ||||||
21 | sentence upon the defendant. The trial
court may impose any | ||||||
22 | sentence which could have been imposed at the
original trial | ||||||
23 | subject to Section 5-5-4 of this Code.
If a sentence is vacated | ||||||
24 | on appeal or on collateral attack due to the
failure of the | ||||||
25 | trier of fact at trial to determine beyond a reasonable doubt
| ||||||
26 | the
existence of a fact (other than a prior conviction) |
| |||||||
| |||||||
1 | necessary to increase the
punishment for the offense beyond | ||||||
2 | the statutory maximum otherwise applicable,
either the | ||||||
3 | defendant may be re-sentenced to a term within the range | ||||||
4 | otherwise
provided or, if the State files notice of its | ||||||
5 | intention to again seek the
extended sentence, the defendant | ||||||
6 | shall be afforded a new trial.
| ||||||
7 | (e) In cases where prosecution for
aggravated criminal | ||||||
8 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
10 | of a defendant
who was a family member of the victim at the | ||||||
11 | time of the commission of the
offense, the court shall | ||||||
12 | consider the safety and welfare of the victim and
may impose a | ||||||
13 | sentence of probation only where:
| ||||||
14 | (1) the court finds (A) or (B) or both are | ||||||
15 | appropriate:
| ||||||
16 | (A) the defendant is willing to undergo a court | ||||||
17 | approved counseling
program for a minimum duration of | ||||||
18 | 2 years; or
| ||||||
19 | (B) the defendant is willing to participate in a | ||||||
20 | court approved plan ,
including , but not limited to , | ||||||
21 | the defendant's:
| ||||||
22 | (i) removal from the household;
| ||||||
23 | (ii) restricted contact with the victim;
| ||||||
24 | (iii) continued financial support of the | ||||||
25 | family;
| ||||||
26 | (iv) restitution for harm done to the victim; |
| |||||||
| |||||||
1 | and
| ||||||
2 | (v) compliance with any other measures that | ||||||
3 | the court may
deem appropriate; and
| ||||||
4 | (2) the court orders the defendant to pay for the | ||||||
5 | victim's counseling
services, to the extent that the court | ||||||
6 | finds, after considering the
defendant's income and | ||||||
7 | assets, that the defendant is financially capable of
| ||||||
8 | paying for such services, if the victim was under 18 years | ||||||
9 | of age at the
time the offense was committed and requires | ||||||
10 | counseling as a result of the
offense.
| ||||||
11 | Probation may be revoked or modified pursuant to Section | ||||||
12 | 5-6-4; except
where the court determines at the hearing that | ||||||
13 | the defendant violated a
condition of his or her probation | ||||||
14 | restricting contact with the victim or
other family members or | ||||||
15 | commits another offense with the victim or other
family | ||||||
16 | members, the court shall revoke the defendant's probation and
| ||||||
17 | impose a term of imprisonment.
| ||||||
18 | For the purposes of this Section, "family member" and | ||||||
19 | "victim" shall have
the meanings ascribed to them in Section | ||||||
20 | 11-0.1 of the Criminal Code of
2012.
| ||||||
21 | (f) (Blank).
| ||||||
22 | (g) Whenever a defendant is convicted of an offense under | ||||||
23 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
24 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
25 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
26 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
| |||||||
| |||||||
1 | 12-14.1, 12-15 , or 12-16 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
3 | testing to
determine whether the defendant has any sexually | ||||||
4 | transmissible disease,
including a test for infection with | ||||||
5 | human immunodeficiency virus (HIV) or
any other identified | ||||||
6 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
7 | Any such medical test shall be performed only by appropriately
| ||||||
8 | licensed medical practitioners and may include an analysis of | ||||||
9 | any bodily
fluids as well as an examination of the defendant's | ||||||
10 | person.
Except as otherwise provided by law, the results of | ||||||
11 | such test shall be kept
strictly confidential by all medical | ||||||
12 | personnel involved in the testing and must
be personally | ||||||
13 | delivered in a sealed envelope to the judge of the court in | ||||||
14 | which
the conviction was entered for the judge's inspection in | ||||||
15 | camera. Acting in
accordance with the best interests of the | ||||||
16 | victim and the public, the judge
shall have the discretion to | ||||||
17 | determine to whom, if anyone, the results of the
testing may be | ||||||
18 | revealed. The court shall notify the defendant
of the test | ||||||
19 | results. The court shall
also notify the victim if requested | ||||||
20 | by the victim, and if the victim is under
the age of 15 and if | ||||||
21 | requested by the victim's parents or legal guardian, the
court | ||||||
22 | shall notify the victim's parents or legal guardian of the | ||||||
23 | test
results.
The court shall provide information on the | ||||||
24 | availability of HIV testing
and counseling at Department of | ||||||
25 | Public Health facilities to all parties to
whom the results of | ||||||
26 | the testing are revealed and shall direct the State's
Attorney |
| |||||||
| |||||||
1 | to provide the information to the victim when possible.
The | ||||||
2 | court shall order that the cost of any such test
shall be paid | ||||||
3 | by the county and may be taxed as costs against the convicted
| ||||||
4 | defendant.
| ||||||
5 | (g-5) When an inmate is tested for an airborne | ||||||
6 | communicable disease, as
determined by the Illinois Department | ||||||
7 | of Public Health , including , but not
limited to , tuberculosis, | ||||||
8 | the results of the test shall be
personally delivered by the | ||||||
9 | warden or his or her designee in a sealed envelope
to the judge | ||||||
10 | of the court in which the inmate must appear for the judge's
| ||||||
11 | inspection in camera if requested by the judge. Acting in | ||||||
12 | accordance with the
best interests of those in the courtroom, | ||||||
13 | the judge shall have the discretion
to determine what if any | ||||||
14 | precautions need to be taken to prevent transmission
of the | ||||||
15 | disease in the courtroom.
| ||||||
16 | (h) Whenever a defendant is convicted of an offense under | ||||||
17 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
18 | defendant shall undergo
medical testing to determine whether | ||||||
19 | the defendant has been exposed to human
immunodeficiency virus | ||||||
20 | (HIV) or any other identified causative agent of
acquired | ||||||
21 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
22 | by
law, the results of such test shall be kept strictly | ||||||
23 | confidential by all
medical personnel involved in the testing | ||||||
24 | and must be personally delivered in a
sealed envelope to the | ||||||
25 | judge of the court in which the conviction was entered
for the | ||||||
26 | judge's inspection in camera. Acting in accordance with the |
| |||||||
| |||||||
1 | best
interests of the public, the judge shall have the | ||||||
2 | discretion to determine to
whom, if anyone, the results of the | ||||||
3 | testing may be revealed. The court shall
notify the defendant | ||||||
4 | of a positive test showing an infection with the human
| ||||||
5 | immunodeficiency virus (HIV). The court shall provide | ||||||
6 | information on the
availability of HIV testing and counseling | ||||||
7 | at Department of Public Health
facilities to all parties to | ||||||
8 | whom the results of the testing are revealed and
shall direct | ||||||
9 | the State's Attorney to provide the information to the victim | ||||||
10 | when
possible. The court shall order that the cost of any
such | ||||||
11 | test shall be paid by the county and may be taxed as costs | ||||||
12 | against the
convicted defendant.
| ||||||
13 | (i) All fines and penalties imposed under this Section for | ||||||
14 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
15 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
16 | any violation
of the Child Passenger Protection Act, or a | ||||||
17 | similar provision of a local
ordinance, shall be collected and | ||||||
18 | disbursed by the circuit
clerk as provided under the Criminal | ||||||
19 | and Traffic Assessment Act.
| ||||||
20 | (j) In cases when prosecution for any violation of Section | ||||||
21 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
22 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
23 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
24 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
25 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
26 | Code of 2012, any violation of the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
2 | any violation of the Methamphetamine Control and Community | ||||||
3 | Protection Act results in conviction, a
disposition of court | ||||||
4 | supervision, or an order of probation granted under
Section 10 | ||||||
5 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
6 | Controlled Substances Act, or Section 70 of the | ||||||
7 | Methamphetamine Control and Community Protection Act of a | ||||||
8 | defendant, the court shall determine whether the
defendant is | ||||||
9 | employed by a facility or center as defined under the Child | ||||||
10 | Care
Act of 1969, a public or private elementary or secondary | ||||||
11 | school, or otherwise
works with children under 18 years of age | ||||||
12 | on a daily basis. When a defendant
is so employed, the court | ||||||
13 | shall order the Clerk of the Court to send a copy of
the | ||||||
14 | judgment of conviction or order of supervision or probation to | ||||||
15 | the
defendant's employer by certified mail.
If the employer of | ||||||
16 | the defendant is a school, the Clerk of the Court shall
direct | ||||||
17 | the mailing of a copy of the judgment of conviction or order of
| ||||||
18 | supervision or probation to the appropriate regional | ||||||
19 | superintendent of schools.
The regional superintendent of | ||||||
20 | schools shall notify the State Board of
Education of any | ||||||
21 | notification under this subsection.
| ||||||
22 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
23 | of a felony and
who has not been previously convicted of a | ||||||
24 | misdemeanor or felony and who is
sentenced to a term of | ||||||
25 | imprisonment in the Illinois Department of Corrections
shall | ||||||
26 | as a condition of his or her sentence be required by the court |
| |||||||
| |||||||
1 | to attend
educational courses designed to prepare the | ||||||
2 | defendant for a high school diploma
and to work toward a high | ||||||
3 | school diploma or to work toward passing high school | ||||||
4 | equivalency testing or to work toward
completing a vocational | ||||||
5 | training program offered by the Department of
Corrections. If | ||||||
6 | a defendant fails to complete the educational training
| ||||||
7 | required by his or her sentence during the term of | ||||||
8 | incarceration, the Prisoner
Review Board shall, as a condition | ||||||
9 | of mandatory supervised release, require the
defendant, at his | ||||||
10 | or her own expense, to pursue a course of study toward a high
| ||||||
11 | school diploma or passage of high school equivalency testing. | ||||||
12 | The Prisoner Review Board shall
revoke the mandatory | ||||||
13 | supervised release of a defendant who wilfully fails to
comply | ||||||
14 | with this subsection (j-5) upon his or her release from | ||||||
15 | confinement in a
penal institution while serving a mandatory | ||||||
16 | supervised release term; however,
the inability of the | ||||||
17 | defendant after making a good faith effort to obtain
financial | ||||||
18 | aid or pay for the educational training shall not be deemed a | ||||||
19 | wilful
failure to comply. The Prisoner Review Board shall | ||||||
20 | recommit the defendant
whose mandatory supervised release term | ||||||
21 | has been revoked under this subsection
(j-5) as provided in | ||||||
22 | Section 3-3-9. This subsection (j-5) does not apply to a
| ||||||
23 | defendant who has a high school diploma or has successfully | ||||||
24 | passed high school equivalency testing. This subsection (j-5) | ||||||
25 | does not apply to a defendant who is determined by
the court to | ||||||
26 | be a person with a developmental disability or otherwise |
| |||||||
| |||||||
1 | mentally incapable of
completing the educational or vocational | ||||||
2 | program.
| ||||||
3 | (k) (Blank).
| ||||||
4 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
5 | (l), whenever a defendant,
who is not a citizen or national of | ||||||
6 | the United States an alien as defined by the Immigration and | ||||||
7 | Nationality Act , is convicted
of any felony or misdemeanor | ||||||
8 | offense, the court after sentencing the defendant
may, upon | ||||||
9 | motion of the State's Attorney, hold sentence in abeyance and | ||||||
10 | remand
the defendant to the custody of the Attorney General of
| ||||||
11 | the United States or his or her designated agent to be deported | ||||||
12 | when:
| ||||||
13 | (1) a final order of deportation has been issued | ||||||
14 | against the defendant
pursuant to proceedings under the | ||||||
15 | Immigration and Nationality Act, and
| ||||||
16 | (2) the deportation of the defendant would not | ||||||
17 | deprecate the seriousness
of the defendant's conduct and | ||||||
18 | would not be inconsistent with the ends of
justice.
| ||||||
19 | Otherwise, the defendant shall be sentenced as provided in | ||||||
20 | this Chapter V.
| ||||||
21 | (B) If the defendant has already been sentenced for a | ||||||
22 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
23 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
24 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
25 | Methamphetamine Control and Community Protection Act, the | ||||||
26 | court
may, upon motion of the State's Attorney to suspend the
|
| |||||||
| |||||||
1 | sentence imposed, commit the defendant to the custody of the | ||||||
2 | Attorney General
of the United States or his or her designated | ||||||
3 | agent when:
| ||||||
4 | (1) a final order of deportation has been issued | ||||||
5 | against the defendant
pursuant to proceedings under the | ||||||
6 | Immigration and Nationality Act, and
| ||||||
7 | (2) the deportation of the defendant would not | ||||||
8 | deprecate the seriousness
of the defendant's conduct and | ||||||
9 | would not be inconsistent with the ends of
justice.
| ||||||
10 | (C) This subsection (l) does not apply to offenders who | ||||||
11 | are subject to the
provisions of paragraph (2) of subsection | ||||||
12 | (a) of Section 3-6-3.
| ||||||
13 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
14 | sentenced under
this Section returns to the jurisdiction of | ||||||
15 | the United States, the defendant
shall be recommitted to the | ||||||
16 | custody of the county from which he or she was
sentenced.
| ||||||
17 | Thereafter, the defendant shall be brought before the | ||||||
18 | sentencing court, which
may impose any sentence that was | ||||||
19 | available under Section 5-5-3 at the time of
initial | ||||||
20 | sentencing. In addition, the defendant shall not be eligible | ||||||
21 | for
additional earned sentence credit as provided under
| ||||||
22 | Section 3-6-3.
| ||||||
23 | (m) A person convicted of criminal defacement of property | ||||||
24 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012, in which the property damage exceeds | ||||||
26 | $300
and the property damaged is a school building, shall be |
| |||||||
| |||||||
1 | ordered to perform
community service that may include cleanup, | ||||||
2 | removal, or painting over the
defacement.
| ||||||
3 | (n) The court may sentence a person convicted of a | ||||||
4 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
5 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
6 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
7 | incarceration program if the person is otherwise eligible for | ||||||
8 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
9 | or (iii) if the person has a substance use disorder, as defined
| ||||||
10 | in the Substance Use Disorder Act, to a treatment program
| ||||||
11 | licensed under that Act. | ||||||
12 | (o) Whenever a person is convicted of a sex offense as | ||||||
13 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
14 | defendant's driver's license or permit shall be subject to | ||||||
15 | renewal on an annual basis in accordance with the provisions | ||||||
16 | of license renewal established by the Secretary of State.
| ||||||
17 | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; | ||||||
18 | 102-531, eff. 1-1-22; revised 10-12-21.) | ||||||
19 | Section 175. The Frauds Act is amended by changing Section | ||||||
20 | 12 as follows:
| ||||||
21 | (740 ILCS 80/12) (from Ch. 59, par. 12)
| ||||||
22 | Sec. 12.
When any lands, tenements or hereditaments, or | ||||||
23 | any rents or
profits out of the same, shall descend to any | ||||||
24 | heir, or be devised to any
devisee, and the personal estate of |
| |||||||
| |||||||
1 | the ancestor of such heir or devisor of
such devisee shall be | ||||||
2 | insufficient to discharge the just demands against
such | ||||||
3 | ancestor, or devisor's estate, such heir or devisee shall be | ||||||
4 | liable to
the creditor of their ancestor or devisor to the full | ||||||
5 | amount of the lands,
tenements or hereditaments, or rents and | ||||||
6 | profits out of the same, as may
descend or be devised to the | ||||||
7 | said heir or devisee; and in all cases where
any heir or | ||||||
8 | devisee shall be liable to pay the debts of his executor or
| ||||||
9 | devisor, in regard of any lands, tenements or hereditaments, | ||||||
10 | or any rent or
profit arising out of the same, descending or | ||||||
11 | being devised to him, and
shall sell, transfer, alien or make | ||||||
12 | over the same before any action brought, or
process sued out | ||||||
13 | against him, such heir at law or devisee shall be
answerable | ||||||
14 | for such debts to the value of the said lands, tenements and
| ||||||
15 | hereditaments, rents or profits so by him transferred aliened | ||||||
16 | or made over; and
executions may be taken out upon any judgment | ||||||
17 | so obtained against such heir
or devisee, to the value of the | ||||||
18 | said lands, tenements and hereditaments,
rents and profits, | ||||||
19 | out of the same, as if the same were his own proper
debts, | ||||||
20 | saving and excepting that the lands and tenements, rents and
| ||||||
21 | profits, by him bona fide transferred aliened , before the | ||||||
22 | action brought, shall not be
liable to such execution.
| ||||||
23 | (Source: R.S. 1874, p. 540.)
| ||||||
24 | Section 180. The Income Withholding for Support Act is | ||||||
25 | amended by changing Section 20 as follows:
|
| |||||||
| |||||||
1 | (750 ILCS 28/20)
| ||||||
2 | Sec. 20. Entry of order for support containing income | ||||||
3 | withholding
provisions; income withholding notice. | ||||||
4 | (a) In addition to any content required under other laws, | ||||||
5 | every order for
support entered on or after July 1, 1997, | ||||||
6 | shall:
| ||||||
7 | (1) Require an income withholding notice to be | ||||||
8 | prepared and served
immediately upon any payor of the | ||||||
9 | obligor by the obligee or public office,
unless a written | ||||||
10 | agreement is reached between and signed by both parties
| ||||||
11 | providing for an alternative arrangement, approved and | ||||||
12 | entered into the record
by the court, which ensures | ||||||
13 | payment of support. In that case, the order for
support | ||||||
14 | shall provide that an income withholding notice is to be | ||||||
15 | prepared and
served only if the obligor becomes delinquent | ||||||
16 | in paying the order for support;
and
| ||||||
17 | (2) Contain a dollar amount to be paid until payment | ||||||
18 | in full of any
delinquency that accrues after entry of the | ||||||
19 | order for support. The amount for
payment of delinquency | ||||||
20 | shall not be less than 20% of the total of the current
| ||||||
21 | support amount and the amount to be paid periodically for | ||||||
22 | payment of any
arrearage stated in the order for support; | ||||||
23 | and
| ||||||
24 | (3) Include the obligor's Social Security Number, | ||||||
25 | which the obligor shall
disclose to the court. If the |
| |||||||
| |||||||
1 | obligor is not a United States citizen, the
obligor shall | ||||||
2 | disclose to the court, and the court shall include in the | ||||||
3 | order
for support, the obligor's alien registration number | ||||||
4 | as a noncitizen , passport number, and home
country's | ||||||
5 | social security or national health number, if
applicable.
| ||||||
6 | (b) At the time the order for support is entered, the Clerk | ||||||
7 | of the Circuit
Court shall provide a copy of the order to the | ||||||
8 | obligor and shall make copies
available to the obligee and | ||||||
9 | public office.
| ||||||
10 | (c) The income withholding notice shall:
| ||||||
11 | (1) be in the standard format prescribed by the | ||||||
12 | federal Department of
Health and Human Services; and
| ||||||
13 | (1.1) state the date of entry of the order for support | ||||||
14 | upon which the
income withholding notice is based; and
| ||||||
15 | (2) direct any payor to withhold the dollar amount | ||||||
16 | required for current
support under the order for support; | ||||||
17 | and
| ||||||
18 | (3) direct any payor to withhold the dollar amount | ||||||
19 | required to be paid
periodically under the order for | ||||||
20 | support for payment of the amount of any
arrearage stated | ||||||
21 | in the order for support; and
| ||||||
22 | (4) direct any payor or labor union or trade union to | ||||||
23 | enroll a child as a
beneficiary of a health insurance plan | ||||||
24 | and withhold or cause to be withheld, if
applicable, any | ||||||
25 | required premiums; and
| ||||||
26 | (5) state the amount of the payor income withholding |
| |||||||
| |||||||
1 | fee specified under
this Section; and
| ||||||
2 | (6) state that the amount actually withheld from the | ||||||
3 | obligor's income for
support and other purposes, including | ||||||
4 | the payor withholding fee specified under
this Section, | ||||||
5 | may not be in excess of the maximum amount permitted under | ||||||
6 | the
federal Consumer Credit Protection Act; and
| ||||||
7 | (7) in bold face type, the size of which
equals the | ||||||
8 | largest type on the notice, state the duties of the payor | ||||||
9 | and the fines and penalties for failure
to withhold and | ||||||
10 | pay over income and for discharging, disciplining, | ||||||
11 | refusing to
hire, or otherwise penalizing the obligor | ||||||
12 | because of the duty to withhold and
pay over income under | ||||||
13 | this Section; and
| ||||||
14 | (8) state the rights, remedies, and duties of the | ||||||
15 | obligor under this
Section; and
| ||||||
16 | (9) include the Social Security number of the obligor; | ||||||
17 | and
| ||||||
18 | (10) (blank); and
| ||||||
19 | (11) contain the signature of the obligee or
the | ||||||
20 | printed name and telephone number of the authorized
| ||||||
21 | representative of the public office, except that the | ||||||
22 | failure to contain the
signature of the obligee or the | ||||||
23 | printed name and telephone number of
the authorized | ||||||
24 | representative of the public office shall not
affect the | ||||||
25 | validity of the income withholding
notice; and
| ||||||
26 | (12) direct any payor to pay over amounts withheld for |
| |||||||
| |||||||
1 | payment of support
to the State Disbursement Unit.
| ||||||
2 | (d) The accrual of a delinquency as a condition for | ||||||
3 | service of an income
withholding notice, under the exception | ||||||
4 | to immediate withholding in subsection
(a) of this Section, | ||||||
5 | shall apply only to the initial service of an income
| ||||||
6 | withholding notice on a payor of the obligor.
| ||||||
7 | (e) Notwithstanding the exception to immediate withholding | ||||||
8 | contained in
subsection (a) of this Section, if the court | ||||||
9 | finds at the time of any hearing
that an arrearage has accrued, | ||||||
10 | the court shall order immediate service of an
income | ||||||
11 | withholding notice upon the payor.
| ||||||
12 | (f) If the order for support, under the exception to | ||||||
13 | immediate withholding
contained in subsection (a) of this | ||||||
14 | Section, provides that an income
withholding notice is to be | ||||||
15 | prepared and served only if the obligor becomes
delinquent in | ||||||
16 | paying the order for support, the obligor may execute a | ||||||
17 | written
waiver of that condition and request immediate service | ||||||
18 | on the payor.
| ||||||
19 | (g) The obligee or public office may serve the income | ||||||
20 | withholding notice on
the payor or its superintendent, | ||||||
21 | manager, or other agent by ordinary mail or
certified mail | ||||||
22 | return receipt requested, by facsimile transmission or other
| ||||||
23 | electronic means, by personal delivery, or by any method | ||||||
24 | provided by law for
service of a summons. At the time of | ||||||
25 | service on the payor and as notice that
withholding has | ||||||
26 | commenced, the obligee or public office shall serve a copy of
|
| |||||||
| |||||||
1 | the income withholding notice on the obligor by ordinary mail | ||||||
2 | addressed to his
or her last known address. A copy of an income | ||||||
3 | withholding notice and proof of service shall be filed with | ||||||
4 | the Clerk of the Circuit Court only when necessary in | ||||||
5 | connection with a petition to contest, modify, suspend, | ||||||
6 | terminate, or correct an income withholding notice, an action | ||||||
7 | to enforce income withholding against a payor, or the | ||||||
8 | resolution of other disputes involving an income withholding | ||||||
9 | notice. The changes made to this subsection by this amendatory | ||||||
10 | Act of the 96th General Assembly apply on and after September | ||||||
11 | 1, 2009.
| ||||||
12 | (h) At any time after the initial service of an income | ||||||
13 | withholding notice,
any other payor of the obligor may be | ||||||
14 | served with the same income
withholding notice without further | ||||||
15 | notice to the obligor.
A copy of the income withholding notice | ||||||
16 | together with a proof of service on
the other payor shall be | ||||||
17 | filed with the Clerk of the Circuit Court.
| ||||||
18 | (i) New service of an income withholding notice is not | ||||||
19 | required in order to
resume withholding of income in the case | ||||||
20 | of an obligor with respect to whom an
income withholding | ||||||
21 | notice was previously served on the payor if withholding of
| ||||||
22 | income was terminated because of an interruption in the | ||||||
23 | obligor's employment of
less than 180 days.
| ||||||
24 | (Source: P.A. 97-994, eff. 8-17-12; 98-81, eff. 7-15-13.)
| ||||||
25 | Section 185. The Property Owned By Aliens Act is amended |
| |||||||
| |||||||
1 | by changing the title of the Act and Sections 0.01, 7, and 8 as | ||||||
2 | follows:
| ||||||
3 | (765 ILCS 60/Act title)
| ||||||
4 | An Act concerning the right of noncitizens aliens to | ||||||
5 | acquire and hold real and
personal property.
| ||||||
6 | (765 ILCS 60/0.01) (from Ch. 6, par. 0.01)
| ||||||
7 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
8 | Property Owned By Noncitizens Aliens Act.
| ||||||
9 | (Source: P.A. 86-1324.)
| ||||||
10 | (765 ILCS 60/7) (from Ch. 6, par. 7)
| ||||||
11 | Sec. 7.
All noncitizens aliens may acquire, hold, and | ||||||
12 | dispose of real
and personal property in the same
manner and to | ||||||
13 | the same extent as natural born citizens of the United
States, | ||||||
14 | and the personal estate of a noncitizen an alien dying | ||||||
15 | intestate shall be
distributed in the same manner as the | ||||||
16 | estates of natural born citizens, and
all persons interested | ||||||
17 | in such estate shall be entitled to proper
distributive shares | ||||||
18 | thereof under the laws of this state, whether they are | ||||||
19 | noncitizens
aliens or not.
| ||||||
20 | This amendatory Act of 1992 does not apply to the | ||||||
21 | Agricultural Foreign
Investment Disclosure Act.
| ||||||
22 | (Source: P.A. 87-1101.)
|
| |||||||
| |||||||
1 | (765 ILCS 60/8) (from Ch. 6, par. 8)
| ||||||
2 | Sec. 8.
An act in regard to noncitizens aliens and to | ||||||
3 | restrict their right to acquire
and hold real and personal | ||||||
4 | estate and to provide for the disposition of the
lands now | ||||||
5 | owned by non-resident noncitizens aliens , approved June 16, | ||||||
6 | 1887, and in
force July 1, 1887, and all other acts and parts | ||||||
7 | of acts in conflict with
this act, are hereby repealed.
| ||||||
8 | (Source: Laws 1897, p. 5.)
| ||||||
9 | Section 190. The Property Taxes of Alien Landlords Act is | ||||||
10 | amended by changing the title of the Act and Sections 0.01 and | ||||||
11 | 1 as follows:
| ||||||
12 | (765 ILCS 725/Act title)
| ||||||
13 | An Act to prevent noncitizen alien landlords from
| ||||||
14 | including the payment of taxes in the rent of farm lands as a | ||||||
15 | part of the
rental thereof.
| ||||||
16 | (765 ILCS 725/0.01) (from Ch. 6, par. 8.9)
| ||||||
17 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
18 | Property Taxes Of Noncitizen Alien Landlords Act.
| ||||||
19 | (Source: P.A. 86-1324.)
| ||||||
20 | (765 ILCS 725/1) (from Ch. 6, par. 9)
| ||||||
21 | Sec. 1.
No contract, agreement or
lease in writing or by | ||||||
22 | parol, by which any lands or tenements therein
are demised or |
| |||||||
| |||||||
1 | leased by any noncitizen alien or his agents for the
purpose of | ||||||
2 | farming, cultivation or the raising of crops thereon, shall
| ||||||
3 | contain any provision requiring the tenant or other person for | ||||||
4 | him, to
pay taxes on said lands or tenements, or any part | ||||||
5 | thereof, and all such
provisions, agreements and leases so | ||||||
6 | made are declared void as to the
taxes aforesaid. If any | ||||||
7 | noncitizen alien landlord or his agents shall receive in
| ||||||
8 | advance or at any other time any sum of money or article of | ||||||
9 | value from
any tenant in lieu of such taxes, directly or | ||||||
10 | indirectly, the same may
be recovered back by such tenant | ||||||
11 | before any court having jurisdiction of
the amount thereof, | ||||||
12 | and all provisions or agreements in writing or
otherwise to | ||||||
13 | pay such taxes shall be held in all courts of this state to
be | ||||||
14 | void.
| ||||||
15 | (Source: P.A. 81-1509.)
| ||||||
16 | Section 195. The Illinois Human Rights Act is amended by | ||||||
17 | changing Section 2-101 as follows:
| ||||||
18 | (775 ILCS 5/2-101)
| ||||||
19 | Sec. 2-101. Definitions. The following definitions are | ||||||
20 | applicable
strictly in the context of this Article.
| ||||||
21 | (A) Employee.
| ||||||
22 | (1) "Employee" includes:
| ||||||
23 | (a) Any individual performing services for | ||||||
24 | remuneration within this
State for an employer;
|
| |||||||
| |||||||
1 | (b) An apprentice;
| ||||||
2 | (c) An applicant for any apprenticeship.
| ||||||
3 | For purposes of subsection (D) of Section 2-102 of | ||||||
4 | this Act, "employee" also includes an unpaid intern. An | ||||||
5 | unpaid intern is a person who performs work for an | ||||||
6 | employer under the following circumstances: | ||||||
7 | (i) the employer is not committed to hiring the | ||||||
8 | person performing the work at the conclusion of the | ||||||
9 | intern's tenure; | ||||||
10 | (ii) the employer and the person performing the | ||||||
11 | work agree that the person is not entitled to wages for | ||||||
12 | the work performed; and | ||||||
13 | (iii) the work performed: | ||||||
14 | (I) supplements training given in an | ||||||
15 | educational environment that may enhance the | ||||||
16 | employability of the intern; | ||||||
17 | (II) provides experience for the benefit of | ||||||
18 | the person performing the work; | ||||||
19 | (III) does not displace regular employees; | ||||||
20 | (IV) is performed under the close supervision | ||||||
21 | of existing staff; and | ||||||
22 | (V) provides no immediate advantage to the | ||||||
23 | employer providing the training and may
| ||||||
24 | occasionally impede the operations of the | ||||||
25 | employer. | ||||||
26 | (2) "Employee" does not include:
|
| |||||||
| |||||||
1 | (a) (Blank);
| ||||||
2 | (b) Individuals employed by persons who are not | ||||||
3 | "employers" as
defined by this Act;
| ||||||
4 | (c) Elected public officials or the members of | ||||||
5 | their immediate
personal staffs;
| ||||||
6 | (d) Principal administrative officers of the State | ||||||
7 | or of any
political subdivision, municipal corporation | ||||||
8 | or other governmental unit
or agency;
| ||||||
9 | (e) A person in a vocational rehabilitation | ||||||
10 | facility certified under
federal law who has been | ||||||
11 | designated an evaluee, trainee, or work
activity | ||||||
12 | client.
| ||||||
13 | (B) Employer.
| ||||||
14 | (1) "Employer" includes:
| ||||||
15 | (a) Any person employing one or more employees | ||||||
16 | within Illinois during
20 or more calendar weeks | ||||||
17 | within the calendar year of or preceding the alleged
| ||||||
18 | violation;
| ||||||
19 | (b) Any person employing one or more employees | ||||||
20 | when a complainant
alleges civil rights violation due | ||||||
21 | to unlawful discrimination based
upon his or her | ||||||
22 | physical or mental disability unrelated to ability, | ||||||
23 | pregnancy, or
sexual harassment;
| ||||||
24 | (c) The State and any political subdivision, | ||||||
25 | municipal corporation
or other governmental unit or | ||||||
26 | agency, without regard to the number of
employees;
|
| |||||||
| |||||||
1 | (d) Any party to a public contract without regard | ||||||
2 | to the number of
employees;
| ||||||
3 | (e) A joint apprenticeship or training committee | ||||||
4 | without regard to the
number of employees.
| ||||||
5 | (2) "Employer" does not include any place of worship, | ||||||
6 | religious corporation,
association, educational | ||||||
7 | institution, society, or non-profit nursing
institution | ||||||
8 | conducted by and for those who rely upon treatment by | ||||||
9 | prayer
through spiritual means in accordance with the | ||||||
10 | tenets of a recognized
church or religious denomination | ||||||
11 | with respect to the employment of
individuals of a | ||||||
12 | particular religion to perform work connected with the
| ||||||
13 | carrying on by such place of worship, corporation, | ||||||
14 | association, educational institution,
society or | ||||||
15 | non-profit nursing institution of its activities.
| ||||||
16 | (C) Employment Agency. "Employment Agency" includes both | ||||||
17 | public and
private employment agencies and any person, labor | ||||||
18 | organization, or labor
union having a hiring hall or hiring | ||||||
19 | office regularly undertaking, with
or without compensation, to | ||||||
20 | procure opportunities to work, or to
procure, recruit, refer | ||||||
21 | or place employees.
| ||||||
22 | (D) Labor Organization. "Labor Organization" includes any
| ||||||
23 | organization, labor union, craft union, or any voluntary | ||||||
24 | unincorporated
association designed to further the cause of | ||||||
25 | the rights of union labor
which is constituted for the | ||||||
26 | purpose, in whole or in part, of collective
bargaining or of |
| |||||||
| |||||||
1 | dealing with employers concerning grievances, terms or
| ||||||
2 | conditions of employment, or apprenticeships or applications | ||||||
3 | for
apprenticeships, or of other mutual aid or protection in | ||||||
4 | connection with
employment, including apprenticeships or | ||||||
5 | applications for apprenticeships.
| ||||||
6 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
7 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
8 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
9 | is made either explicitly or implicitly
a term or condition of | ||||||
10 | an individual's employment, (2) submission to or
rejection of | ||||||
11 | such conduct by an individual is used as the basis for
| ||||||
12 | employment decisions affecting such individual, or (3) such | ||||||
13 | conduct has the
purpose or effect of substantially interfering | ||||||
14 | with an individual's work
performance or creating an | ||||||
15 | intimidating, hostile or offensive working
environment.
| ||||||
16 | For purposes of this definition, the phrase "working | ||||||
17 | environment" is not limited to a physical location an employee | ||||||
18 | is assigned to perform his or her duties. | ||||||
19 | (E-1) Harassment. "Harassment" means any unwelcome conduct | ||||||
20 | on the basis of an individual's actual or perceived race, | ||||||
21 | color, religion, national origin, ancestry, age, sex, marital | ||||||
22 | status, order of protection status, disability, military | ||||||
23 | status, sexual orientation, pregnancy, unfavorable discharge | ||||||
24 | from military service, citizenship status, or work | ||||||
25 | authorization status that has the purpose or effect of | ||||||
26 | substantially interfering with the individual's work |
| |||||||
| |||||||
1 | performance or creating an intimidating, hostile, or offensive | ||||||
2 | working environment. For purposes of this definition, the | ||||||
3 | phrase "working environment" is not limited to a physical | ||||||
4 | location an employee is assigned to perform his or her duties. | ||||||
5 | (F) Religion. "Religion" with respect to employers | ||||||
6 | includes all
aspects of religious observance and practice, as | ||||||
7 | well as belief, unless an
employer demonstrates that he is | ||||||
8 | unable to reasonably accommodate an
employee's or prospective | ||||||
9 | employee's religious observance or practice
without undue | ||||||
10 | hardship on the conduct of the employer's business.
| ||||||
11 | (G) Public Employer. "Public employer" means the State, an | ||||||
12 | agency or
department thereof, unit of local government, school | ||||||
13 | district,
instrumentality or political subdivision.
| ||||||
14 | (H) Public Employee. "Public employee" means an employee | ||||||
15 | of the State,
agency or department thereof, unit of local | ||||||
16 | government, school district,
instrumentality or political | ||||||
17 | subdivision. "Public employee" does not include
public | ||||||
18 | officers or employees of the General Assembly or agencies | ||||||
19 | thereof.
| ||||||
20 | (I) Public Officer. "Public officer" means a person who is | ||||||
21 | elected to
office pursuant to the Constitution or a statute or | ||||||
22 | ordinance, or who is
appointed to an office which is | ||||||
23 | established, and the qualifications and
duties of which are | ||||||
24 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
25 | discharge a public duty for the State, agency or department
| ||||||
26 | thereof, unit of local government, school district, |
| |||||||
| |||||||
1 | instrumentality or
political subdivision.
| ||||||
2 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
3 | prior to contract award or prior to bid opening for State | ||||||
4 | contracts for construction or construction-related services, | ||||||
5 | has filed with the Department a properly completed, sworn and
| ||||||
6 | currently valid employer report form, pursuant to the | ||||||
7 | Department's regulations.
The provisions of this Article | ||||||
8 | relating to eligible bidders apply only
to bids on contracts | ||||||
9 | with the State and its departments, agencies, boards,
and | ||||||
10 | commissions, and the provisions do not apply to bids on | ||||||
11 | contracts with
units of local government or school districts.
| ||||||
12 | (K) Citizenship Status. "Citizenship status" means the | ||||||
13 | status of being:
| ||||||
14 | (1) a born U.S. citizen;
| ||||||
15 | (2) a naturalized U.S. citizen;
| ||||||
16 | (3) a U.S. national; or
| ||||||
17 | (4) a person born outside the United States and not a | ||||||
18 | U.S. citizen who
is not an unauthorized noncitizen alien | ||||||
19 | and who is protected from discrimination under
the | ||||||
20 | provisions of Section 1324b of Title 8 of the United | ||||||
21 | States Code, as
now or hereafter amended.
| ||||||
22 | (L) Work Authorization Status. "Work authorization status" | ||||||
23 | means the status of being a person born outside of the United | ||||||
24 | States, and not a U.S. citizen, who is authorized by the | ||||||
25 | federal government to work in the United States. | ||||||
26 | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; |
| |||||||
| |||||||
1 | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21.) | ||||||
2 | Section 200. The Resident Alien Course Act is amended by | ||||||
3 | changing the title of the Act and Sections 0.01, 1, 2, and 3 as | ||||||
4 | follows:
| ||||||
5 | (815 ILCS 400/Act title)
| ||||||
6 | An Act concerning fees charged for courses offered to | ||||||
7 | persons seeking
permanent resident noncitizen alien status | ||||||
8 | under the Immigration Reform and Control
Act of 1986.
| ||||||
9 | (815 ILCS 400/0.01) (from Ch. 111, par. 8050)
| ||||||
10 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
11 | Resident Noncitizen Alien Course Act.
| ||||||
12 | (Source: P.A. 86-1324.)
| ||||||
13 | (815 ILCS 400/1) (from Ch. 111, par. 8051)
| ||||||
14 | Sec. 1. No individual or agency, authorized by the U.S. | ||||||
15 | Immigration
and Naturalization Service to
offer a course | ||||||
16 | leading to a certificate of satisfactory pursuit for
issuance | ||||||
17 | of permanent resident noncitizen alien status, may charge a | ||||||
18 | fee for such
course in excess of $5 per hour per individual up | ||||||
19 | to the first 60 hours of
instruction or $500 for up to 12 | ||||||
20 | months of instruction from the date of
registration. As used | ||||||
21 | in this Section, the term "fee" includes all costs
associated | ||||||
22 | with the course, including the costs of instruction and |
| |||||||
| |||||||
1 | materials.
| ||||||
2 | (Source: P.A. 86-831.)
| ||||||
3 | (815 ILCS 400/2) (from Ch. 111, par. 8052)
| ||||||
4 | Sec. 2.
No individual or agency which offers any service | ||||||
5 | or course
with the promise of preparing the recipient or | ||||||
6 | enrollee for the English
and civics exam of the U.S. | ||||||
7 | Immigration and Naturalization Service for
issuance of | ||||||
8 | permanent resident noncitizen alien status may charge a fee | ||||||
9 | for such
service or course in excess of $5 per hour per | ||||||
10 | individual up to the first 60
hours of instruction or $500 for | ||||||
11 | up to 12 months of instruction from the
date of registration. | ||||||
12 | As used in this Section, the term "fee" includes all
costs | ||||||
13 | associated with the service or course, including the costs of
| ||||||
14 | instruction and materials.
| ||||||
15 | (Source: P.A. 86-831.)
| ||||||
16 | (815 ILCS 400/3) (from Ch. 111, par. 8053)
| ||||||
17 | Sec. 3.
Any individual or agency offering a course or | ||||||
18 | service
described in Section 2 shall include within any | ||||||
19 | literature or print or
electronic
advertisement for such | ||||||
20 | service or course a statement that such service or
course is | ||||||
21 | designed to prepare the recipient or enrollee for the English
| ||||||
22 | and civics exam of the U.S. Immigration and Naturalization | ||||||
23 | Service and that
the individual or agency offering the service | ||||||
24 | or course does not issue the
certificate of satisfactory |
| |||||||
| |||||||
1 | pursuit required by the U.S. Immigration and
Naturalization | ||||||
2 | Service for issuance of permanent resident noncitizen alien | ||||||
3 | status.
| ||||||
4 | (Source: P.A. 86-831.)
| ||||||
5 | Section 205. The Consumer Fraud and Deceptive Business | ||||||
6 | Practices Act is amended by changing Section 2AA as follows:
| ||||||
7 | (815 ILCS 505/2AA)
| ||||||
8 | Sec. 2AA. Immigration services.
| ||||||
9 | (a) "Immigration matter" means any proceeding, filing, or | ||||||
10 | action
affecting the nonimmigrant, immigrant or citizenship | ||||||
11 | status of any person
that arises under immigration and | ||||||
12 | naturalization law, executive order or
presidential | ||||||
13 | proclamation of the United States or any foreign country, or
| ||||||
14 | that arises under action of the United States Citizenship and | ||||||
15 | Immigration Services, the United States Department of Labor, | ||||||
16 | or the
United States Department of State.
| ||||||
17 | "Immigration assistance service" means any information
or | ||||||
18 | action provided or offered to customers or prospective | ||||||
19 | customers related to immigration matters, excluding legal | ||||||
20 | advice, recommending a specific course of legal action, or | ||||||
21 | providing any other assistance that requires legal analysis, | ||||||
22 | legal judgment, or interpretation of the law.
| ||||||
23 | "Compensation" means money, property, services, promise of | ||||||
24 | payment,
or anything else of value.
|
| |||||||
| |||||||
1 | "Employed by" means that a person is on the payroll of the | ||||||
2 | employer
and the employer deducts from the employee's paycheck | ||||||
3 | social security and
withholding taxes, or receives | ||||||
4 | compensation from the employer on a
commission basis or as an | ||||||
5 | independent contractor.
| ||||||
6 | "Reasonable costs" means actual costs or, if actual costs | ||||||
7 | cannot be
calculated, reasonably estimated costs of such | ||||||
8 | things as photocopying,
telephone calls, document requests, | ||||||
9 | and filing fees for immigration forms,
and other nominal costs | ||||||
10 | incidental to assistance
in an immigration matter.
| ||||||
11 | (a-1) The General Assembly finds and declares that private | ||||||
12 | individuals who
assist persons with immigration matters have a | ||||||
13 | significant impact on the
ability of their clients to reside | ||||||
14 | and work within the United States and to
establish and | ||||||
15 | maintain stable families and business relationships. The | ||||||
16 | General
Assembly further finds that that assistance and its | ||||||
17 | impact also have a
significant effect on the cultural, social, | ||||||
18 | and economic life of the State of
Illinois and thereby | ||||||
19 | substantially affect the public interest. It is the
intent of | ||||||
20 | the General Assembly to establish rules of practice and | ||||||
21 | conduct for
those individuals to promote honesty and fair | ||||||
22 | dealing with residents and to
preserve public confidence.
| ||||||
23 | (a-5) The following persons are exempt from this Section, | ||||||
24 | provided they
prove the exemption by a preponderance of the | ||||||
25 | evidence:
| ||||||
26 | (1) An attorney licensed to practice law in any state |
| |||||||
| |||||||
1 | or territory of
the United States, or of any foreign | ||||||
2 | country when authorized by the
Illinois Supreme Court, to | ||||||
3 | the extent the attorney renders immigration
assistance | ||||||
4 | service in the course of his or her practice as an | ||||||
5 | attorney.
| ||||||
6 | (2) A legal intern, as described by the rules of the | ||||||
7 | Illinois Supreme
Court, employed by and under the direct | ||||||
8 | supervision of a licensed attorney
and rendering | ||||||
9 | immigration assistance service in the course of the | ||||||
10 | intern's
employment.
| ||||||
11 | (3) A not-for-profit organization recognized by the | ||||||
12 | Board of Immigration
Appeals under 8 CFR 292.2(a) and | ||||||
13 | employees of those organizations accredited
under 8 CFR | ||||||
14 | 292.2(d).
| ||||||
15 | (4) Any organization employing or desiring to employ a | ||||||
16 | documented or undocumented immigrant or
nonimmigrant | ||||||
17 | alien , where the organization, its employees or its agents
| ||||||
18 | provide advice or assistance in immigration matters to | ||||||
19 | documented or undocumented immigrant or nonimmigrant
alien | ||||||
20 | employees or potential employees without compensation from | ||||||
21 | the
individuals to whom such advice or assistance is | ||||||
22 | provided.
| ||||||
23 | Nothing in this Section shall regulate any business to the | ||||||
24 | extent
that such regulation is prohibited or preempted by | ||||||
25 | State or federal law.
| ||||||
26 | All other persons providing or offering to provide |
| |||||||
| |||||||
1 | immigration
assistance service shall be subject to this | ||||||
2 | Section.
| ||||||
3 | (b) Any person who provides or offers to provide | ||||||
4 | immigration assistance
service may perform only the following | ||||||
5 | services:
| ||||||
6 | (1) Completing a government agency
form, requested by | ||||||
7 | the customer and appropriate to the customer's
needs,
only | ||||||
8 | if the completion of that form does not involve a legal
| ||||||
9 | judgment
for that particular matter.
| ||||||
10 | (2) Transcribing responses to a government agency form | ||||||
11 | which is
related to an immigration matter, but not | ||||||
12 | advising a customer as to his or
her answers on those | ||||||
13 | forms.
| ||||||
14 | (3) Translating information on forms to a customer and | ||||||
15 | translating the
customer's answers to questions posed on | ||||||
16 | those forms.
| ||||||
17 | (4) Securing for the customer supporting documents | ||||||
18 | currently in
existence, such as birth and marriage | ||||||
19 | certificates, which may be needed to
be submitted with | ||||||
20 | government agency forms.
| ||||||
21 | (5) Translating documents from a foreign language into | ||||||
22 | English.
| ||||||
23 | (6) Notarizing signatures on government agency forms, | ||||||
24 | if the person
performing the service is a notary public of | ||||||
25 | the State of Illinois.
| ||||||
26 | (7) Making referrals, without fee, to attorneys who |
| |||||||
| |||||||
1 | could undertake
legal representation for a person in an | ||||||
2 | immigration matter.
| ||||||
3 | (8) Preparing or arranging for the preparation of | ||||||
4 | photographs and
fingerprints.
| ||||||
5 | (9) Arranging for the performance of medical testing
| ||||||
6 | (including X-rays and AIDS tests) and the obtaining of | ||||||
7 | reports of such test
results.
| ||||||
8 | (10) Conducting English language and civics courses.
| ||||||
9 | (11) Other services that the Attorney General | ||||||
10 | determines by rule may be
appropriately performed by such | ||||||
11 | persons in light of the purposes of this
Section.
| ||||||
12 | Fees for a notary public, agency, or any other person who | ||||||
13 | is not an attorney or an accredited representative filling out | ||||||
14 | immigration forms shall be limited to the maximum fees set | ||||||
15 | forth in subsections (a) and (b) of Section 3-104 of the | ||||||
16 | Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee | ||||||
17 | schedule set forth in subsections (a) and (b) of Section 3-104 | ||||||
18 | of the Illinois Notary Public Act shall apply to any person | ||||||
19 | that provides or offers to provide immigration assistance | ||||||
20 | service performing the services described therein. The | ||||||
21 | Attorney General may promulgate rules establishing maximum | ||||||
22 | fees that may be charged for any services not described in that | ||||||
23 | subsection. The maximum fees must be reasonable in light of | ||||||
24 | the costs of providing those services and the degree of | ||||||
25 | professional skill required to provide the services.
| ||||||
26 | No person subject to this Act shall charge fees directly |
| |||||||
| |||||||
1 | or
indirectly for referring an individual to an attorney or | ||||||
2 | for any
immigration matter not authorized by this Article, | ||||||
3 | provided that a person may
charge a fee for notarizing | ||||||
4 | documents as permitted by the Illinois Notary
Public Act.
| ||||||
5 | (c) Any person performing such services shall register | ||||||
6 | with the Illinois
Attorney General and submit verification of | ||||||
7 | malpractice insurance or of a
surety bond.
| ||||||
8 | (d) Except as provided otherwise in this subsection, | ||||||
9 | before providing
any
assistance in an immigration matter a | ||||||
10 | person shall provide the customer with
a written contract that | ||||||
11 | includes the following:
| ||||||
12 | (1) An explanation of the services to be performed.
| ||||||
13 | (2) Identification of all compensation and costs to be | ||||||
14 | charged to the
customer for the services to be performed.
| ||||||
15 | (3) A statement that documents submitted in support of | ||||||
16 | an application
for nonimmigrant, immigrant, or | ||||||
17 | naturalization status may not be retained
by the person | ||||||
18 | for any purpose, including payment of compensation or | ||||||
19 | costs.
| ||||||
20 | This subsection does not apply to a not-for-profit | ||||||
21 | organization that
provides advice or assistance in immigration | ||||||
22 | matters to clients without charge
beyond a reasonable fee to | ||||||
23 | reimburse the organization's or clinic's reasonable
costs | ||||||
24 | relating to providing immigration services to that client.
| ||||||
25 | (e) Any person who provides or offers immigration | ||||||
26 | assistance service and
is not exempted from this Section, |
| |||||||
| |||||||
1 | shall post signs at his or her place of
business, setting forth | ||||||
2 | information in English and in every other language in
which | ||||||
3 | the
person provides or offers to provide immigration | ||||||
4 | assistance service. Each
language shall be on a separate sign. | ||||||
5 | Signs shall be posted in a location
where the signs will be | ||||||
6 | visible to customers. Each sign shall be at least
11 inches by | ||||||
7 | 17 inches, and shall contain the following:
| ||||||
8 | (1) The statement "I AM NOT AN ATTORNEY LICENSED TO | ||||||
9 | PRACTICE LAW AND
MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES | ||||||
10 | FOR LEGAL ADVICE.".
| ||||||
11 | (2) The statement "I AM NOT ACCREDITED TO REPRESENT | ||||||
12 | YOU BEFORE THE
UNITED STATES IMMIGRATION AND | ||||||
13 | NATURALIZATION SERVICE AND THE IMMIGRATION
BOARD OF | ||||||
14 | APPEALS.".
| ||||||
15 | (3) The fee schedule.
| ||||||
16 | (4) The statement that "You may cancel any contract
| ||||||
17 | within 3 working days and get your money back for services | ||||||
18 | not performed.".
| ||||||
19 | (5) Additional information the Attorney General may | ||||||
20 | require by rule.
| ||||||
21 | Every person engaged in immigration assistance service who | ||||||
22 | is not an
attorney who advertises immigration assistance | ||||||
23 | service in a language other
than English, whether by radio, | ||||||
24 | television, signs, pamphlets, newspapers,
or other written | ||||||
25 | communication, with the exception of a single desk plaque,
| ||||||
26 | shall include in the document, advertisement, stationery, |
| |||||||
| |||||||
1 | letterhead, business card, or other comparable written | ||||||
2 | material the following notice in English and the language in | ||||||
3 | which the written communication appears. This notice shall be
| ||||||
4 | of a conspicuous size, if in writing, and shall state: "I AM | ||||||
5 | NOT AN
ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY | ||||||
6 | NOT GIVE LEGAL ADVICE OR ACCEPT
FEES FOR LEGAL ADVICE.". If | ||||||
7 | such advertisement is by radio or television,
the statement | ||||||
8 | may be modified but must include substantially the same | ||||||
9 | message.
| ||||||
10 | Any person who provides or offers immigration assistance | ||||||
11 | service and is not exempted from this Section shall not, in any | ||||||
12 | document, advertisement, stationery, letterhead, business | ||||||
13 | card, or other comparable written material, literally | ||||||
14 | translate from English into another language terms or titles | ||||||
15 | including, but not limited to, notary public, notary, | ||||||
16 | licensed, attorney, lawyer, or any other term that implies the | ||||||
17 | person is an attorney. To illustrate, the words "notario" and | ||||||
18 | "poder notarial" are prohibited under this provision.
| ||||||
19 | If not subject to penalties under subsection (a) of | ||||||
20 | Section 3-103 of the Illinois Notary Public Act (5 ILCS | ||||||
21 | 312/3-103), violations of this subsection shall result in a | ||||||
22 | fine of $1,000. Violations shall not preempt or preclude | ||||||
23 | additional appropriate civil or criminal penalties.
| ||||||
24 | (f) The written contract shall be in both English and in | ||||||
25 | the language
of the customer.
| ||||||
26 | (g) A copy of the contract shall be provided to the |
| |||||||
| |||||||
1 | customer upon the
customer's execution of the contract.
| ||||||
2 | (h) A customer has the right to rescind a contract within | ||||||
3 | 72 hours after
his or her signing of the contract.
| ||||||
4 | (i) Any documents identified in paragraph (3) of | ||||||
5 | subsection (c) shall be
returned upon demand of the customer.
| ||||||
6 | (j) No person engaged in providing immigration services | ||||||
7 | who is not exempted under this Section shall do any
of the | ||||||
8 | following:
| ||||||
9 | (1) Make any statement that the person can or will | ||||||
10 | obtain special favors
from or has special influence with | ||||||
11 | the United States Immigration and
Naturalization Service | ||||||
12 | or any other government agency.
| ||||||
13 | (2) Retain any compensation for service not performed.
| ||||||
14 | (2.5) Accept payment in exchange for providing legal | ||||||
15 | advice or any other assistance that requires legal | ||||||
16 | analysis, legal judgment, or interpretation of the law.
| ||||||
17 | (3) Refuse to return documents supplied by, prepared | ||||||
18 | on behalf of, or paid
for by the customer upon the request | ||||||
19 | of the customer. These documents must be
returned upon | ||||||
20 | request even if there is a fee dispute between the | ||||||
21 | immigration
assistant and the customer.
| ||||||
22 | (4) Represent or advertise, in connection with the | ||||||
23 | provision of assistance
in immigration matters, other | ||||||
24 | titles of credentials, including but not
limited to | ||||||
25 | "notary public" or "immigration consultant," that could | ||||||
26 | cause a
customer to believe that the person possesses |
| |||||||
| |||||||
1 | special professional skills or
is authorized to provide | ||||||
2 | advice on an immigration matter; provided that a
notary | ||||||
3 | public appointed by the Illinois Secretary of State may | ||||||
4 | use the term
"notary public" if the use is accompanied by | ||||||
5 | the statement that the person
is not an attorney; the term | ||||||
6 | "notary public" may not be translated to another language; | ||||||
7 | for example "notario" is prohibited.
| ||||||
8 | (5) Provide legal advice, recommend a specific course | ||||||
9 | of legal action, or provide any other assistance that | ||||||
10 | requires legal analysis, legal judgment, or interpretation | ||||||
11 | of the law.
| ||||||
12 | (6) Make any misrepresentation of false statement, | ||||||
13 | directly or
indirectly, to influence, persuade, or induce | ||||||
14 | patronage.
| ||||||
15 | (k) (Blank).
| ||||||
16 | (l) (Blank).
| ||||||
17 | (m) Any person who violates any provision
of this Section, | ||||||
18 | or the rules and regulations issued
under this Section, shall | ||||||
19 | be guilty of a Class A misdemeanor for a first
offense and a | ||||||
20 | Class 3 felony for a second or subsequent offense committed
| ||||||
21 | within 5 years of a previous conviction for the same offense.
| ||||||
22 | Upon his own information or upon the complaint of any | ||||||
23 | person, the
Attorney General or any State's Attorney, or a | ||||||
24 | municipality with a
population of more than 1,000,000, may | ||||||
25 | maintain an action for injunctive
relief and also seek a civil | ||||||
26 | penalty not exceeding $50,000 in the circuit court
against any |
| |||||||
| |||||||
1 | person who violates any provision of
this Section. These | ||||||
2 | remedies are in addition to, and not in substitution
for, | ||||||
3 | other available remedies.
| ||||||
4 | If the Attorney General or any State's Attorney or a | ||||||
5 | municipality
with a population of more than 1,000,000 fails to | ||||||
6 | bring an action as
provided under this Section any person may | ||||||
7 | file a civil action to
enforce the provisions of this Article | ||||||
8 | and maintain an action for
injunctive relief, for compensatory | ||||||
9 | damages to recover prohibited fees, or for such additional | ||||||
10 | relief as may be appropriate to
deter, prevent, or compensate | ||||||
11 | for the violation.
In order to deter violations of this | ||||||
12 | Section, courts shall not require a
showing of the traditional | ||||||
13 | elements for equitable relief. A prevailing
plaintiff may be | ||||||
14 | awarded 3 times the prohibited fees or a minimum of $1,000 in
| ||||||
15 | punitive damages, attorney's fees, and costs of
bringing an | ||||||
16 | action under this Section.
It is the express intention
of the | ||||||
17 | General Assembly that remedies for violation of this Section | ||||||
18 | be
cumulative.
| ||||||
19 | (n) No unit of local government, including any home rule | ||||||
20 | unit, shall have
the authority to regulate immigration | ||||||
21 | assistance services unless such
regulations are at least as | ||||||
22 | stringent as those contained in Public Act 87-1211. It is | ||||||
23 | declared to be the law of this State, pursuant to
paragraph (i) | ||||||
24 | of Section 6 of Article VII of the Illinois Constitution of
| ||||||
25 | 1970, that Public Act 87-1211 is a limitation on the authority | ||||||
26 | of a
home rule unit to exercise powers concurrently with the |
| |||||||
| |||||||
1 | State. The
limitations of this Section do not apply to a home | ||||||
2 | rule unit that has,
prior to January 1, 1993 (the effective | ||||||
3 | date of Public Act 87-1211), adopted an ordinance
regulating | ||||||
4 | immigration assistance services.
| ||||||
5 | (o) This Section is severable under Section 1.31 of the | ||||||
6 | Statute on Statutes.
| ||||||
7 | (p) The Attorney General shall issue rules not | ||||||
8 | inconsistent with this
Section for the implementation, | ||||||
9 | administration, and enforcement of this
Section. The rules may | ||||||
10 | provide for the following:
| ||||||
11 | (1) The content, print size, and print style of the | ||||||
12 | signs required under
subsection (e). Print sizes and | ||||||
13 | styles may vary from language to language.
| ||||||
14 | (2) Standard forms for use in the administration of | ||||||
15 | this Section.
| ||||||
16 | (3) Any additional requirements deemed necessary.
| ||||||
17 | (Source: P.A. 99-679, eff. 1-1-17; 100-863, eff. 8-14-18.)
| ||||||
18 | Section 210. The Workers' Compensation Act is amended by | ||||||
19 | changing Sections 1 and 7 as follows:
| ||||||
20 | (820 ILCS 305/1) (from Ch. 48, par. 138.1)
| ||||||
21 | Sec. 1. This Act may be cited as the Workers' Compensation | ||||||
22 | Act.
| ||||||
23 | (a) The term "employer" as used in this Act means:
| ||||||
24 | 1. The State and each county, city, town, township, |
| |||||||
| |||||||
1 | incorporated
village, school district, body politic, or | ||||||
2 | municipal corporation
therein.
| ||||||
3 | 2. Every person, firm, public or private corporation, | ||||||
4 | including
hospitals, public service, eleemosynary, religious | ||||||
5 | or charitable
corporations or associations who has any person | ||||||
6 | in service or under any
contract for hire, express or implied, | ||||||
7 | oral or written, and who is
engaged in any of the enterprises | ||||||
8 | or businesses enumerated in Section 3
of this Act, or who at or | ||||||
9 | prior to the time of the accident to the
employee for which | ||||||
10 | compensation under this Act may be claimed, has in
the manner | ||||||
11 | provided in this Act elected to become subject to the
| ||||||
12 | provisions of this Act, and who has not, prior to such | ||||||
13 | accident,
effected a withdrawal of such election in the manner | ||||||
14 | provided in this Act.
| ||||||
15 | 3. Any one engaging in any business or enterprise referred | ||||||
16 | to in
subsections 1 and 2 of Section 3 of this Act who | ||||||
17 | undertakes to do any
work enumerated therein, is liable to pay | ||||||
18 | compensation to his own
immediate employees in accordance with | ||||||
19 | the provisions of this Act, and
in addition thereto if he | ||||||
20 | directly or indirectly engages any contractor
whether | ||||||
21 | principal or sub-contractor to do any such work, he is liable | ||||||
22 | to
pay compensation to the employees of any such contractor or
| ||||||
23 | sub-contractor unless such contractor or sub-contractor has | ||||||
24 | insured, in
any company or association authorized under the | ||||||
25 | laws of this State to
insure the liability to pay compensation | ||||||
26 | under this Act, or guaranteed
his liability to pay such |
| |||||||
| |||||||
1 | compensation. With respect to any time
limitation on the | ||||||
2 | filing of claims provided by this Act, the timely
filing of a | ||||||
3 | claim against a contractor or subcontractor, as the case may
| ||||||
4 | be, shall be deemed to be a timely filing with respect to all | ||||||
5 | persons
upon whom liability is imposed by this paragraph.
| ||||||
6 | In the event any such person pays compensation under this | ||||||
7 | subsection
he may recover the amount thereof from the | ||||||
8 | contractor or sub-contractor,
if any, and in the event the | ||||||
9 | contractor pays compensation under this
subsection he may | ||||||
10 | recover the amount thereof from the sub-contractor, if any.
| ||||||
11 | This subsection does not apply in any case where the | ||||||
12 | accident occurs
elsewhere than on, in or about the immediate | ||||||
13 | premises on which the
principal has contracted that the work | ||||||
14 | be done.
| ||||||
15 | 4. Where an employer operating under and subject to the | ||||||
16 | provisions
of this Act loans an employee to another such | ||||||
17 | employer and such loaned
employee sustains a compensable | ||||||
18 | accidental injury in the employment of
such borrowing employer | ||||||
19 | and where such borrowing employer does not
provide or pay the | ||||||
20 | benefits or payments due such injured employee, such
loaning | ||||||
21 | employer is liable to provide or pay all benefits or payments
| ||||||
22 | due such employee under this Act and as to such employee the | ||||||
23 | liability
of such loaning and borrowing employers is joint and | ||||||
24 | several, provided
that such loaning employer is in the absence | ||||||
25 | of agreement to the
contrary entitled to receive from such | ||||||
26 | borrowing employer full
reimbursement for all sums paid or |
| |||||||
| |||||||
1 | incurred pursuant to this paragraph
together with reasonable | ||||||
2 | attorneys' fees and expenses in any hearings
before the | ||||||
3 | Illinois Workers' Compensation Commission or in any action to | ||||||
4 | secure such
reimbursement. Where any benefit is provided or | ||||||
5 | paid by such loaning
employer the employee has the duty of | ||||||
6 | rendering reasonable cooperation
in any hearings, trials or | ||||||
7 | proceedings in the case, including such
proceedings for | ||||||
8 | reimbursement.
| ||||||
9 | Where an employee files an Application for Adjustment of | ||||||
10 | Claim with
the Illinois Workers' Compensation
Commission | ||||||
11 | alleging that his claim is covered by the
provisions of the | ||||||
12 | preceding paragraph, and joining both the alleged
loaning and | ||||||
13 | borrowing employers, they and each of them, upon written
| ||||||
14 | demand by the employee and within 7 days after receipt of such | ||||||
15 | demand,
shall have the duty of filing with the Illinois | ||||||
16 | Workers' Compensation Commission a written
admission or denial | ||||||
17 | of the allegation that the claim is covered by the
provisions | ||||||
18 | of the preceding paragraph and in default of such filing or
if | ||||||
19 | any such denial be ultimately determined not to have been bona | ||||||
20 | fide
then the provisions of Paragraph K of Section 19 of this | ||||||
21 | Act shall apply.
| ||||||
22 | An employer whose business or enterprise or a substantial | ||||||
23 | part
thereof consists of hiring, procuring or furnishing | ||||||
24 | employees to or for
other employers operating under and | ||||||
25 | subject to the provisions of this
Act for the performance of | ||||||
26 | the work of such other employers and who pays
such employees |
| |||||||
| |||||||
1 | their salary or wages notwithstanding that they are doing
the | ||||||
2 | work of such other employers shall be deemed a loaning | ||||||
3 | employer
within the meaning and provisions of this Section.
| ||||||
4 | (b) The term "employee" as used in this Act means:
| ||||||
5 | 1. Every person in the service of the State, including | ||||||
6 | members of
the General Assembly, members of the Commerce | ||||||
7 | Commission, members of the
Illinois Workers' Compensation | ||||||
8 | Commission, and all persons in the service of the University
| ||||||
9 | of Illinois, county, including deputy sheriffs and assistant | ||||||
10 | state's
attorneys, city, town, township, incorporated village | ||||||
11 | or school
district, body politic, or municipal corporation | ||||||
12 | therein, whether by
election, under appointment or contract of | ||||||
13 | hire, express or implied,
oral or written, including all | ||||||
14 | members of the Illinois National Guard
while on active duty in | ||||||
15 | the service of the State, and all probation
personnel of the | ||||||
16 | Juvenile Court appointed pursuant to Article VI
of the | ||||||
17 | Juvenile Court Act of 1987, and including any official of the
| ||||||
18 | State, any county, city, town, township, incorporated village, | ||||||
19 | school
district, body politic or municipal corporation therein | ||||||
20 | except any duly
appointed member of a police department in any | ||||||
21 | city whose
population exceeds 500,000 according to the last | ||||||
22 | Federal or State
census, and except any member of a fire | ||||||
23 | insurance patrol maintained by a
board of underwriters in this | ||||||
24 | State. A duly appointed member of a fire
department in any | ||||||
25 | city, the population of which exceeds 500,000 according
to the | ||||||
26 | last federal or State census, is an employee under this Act |
| |||||||
| |||||||
1 | only
with respect to claims brought under paragraph (c) of | ||||||
2 | Section 8.
| ||||||
3 | One employed by a contractor who has contracted with the | ||||||
4 | State, or a
county, city, town, township, incorporated | ||||||
5 | village, school district,
body politic or municipal | ||||||
6 | corporation therein, through its
representatives, is not | ||||||
7 | considered as an employee of the State, county,
city, town, | ||||||
8 | township, incorporated village, school district, body
politic | ||||||
9 | or municipal corporation which made the contract.
| ||||||
10 | 2. Every person in the service of another under any | ||||||
11 | contract of
hire, express or implied, oral or written, | ||||||
12 | including persons whose
employment is outside of the State of | ||||||
13 | Illinois where the contract of
hire is made within the State of | ||||||
14 | Illinois, persons whose employment
results in fatal or | ||||||
15 | non-fatal injuries within the State of Illinois
where the | ||||||
16 | contract of hire is made outside of the State of Illinois, and
| ||||||
17 | persons whose employment is principally localized within the | ||||||
18 | State of
Illinois, regardless of the place of the accident or | ||||||
19 | the place where the
contract of hire was made, and including | ||||||
20 | noncitizens aliens , and minors who, for the
purpose of this | ||||||
21 | Act are considered the same and have the same power to
| ||||||
22 | contract, receive payments and give quittances therefor, as | ||||||
23 | adult employees.
| ||||||
24 | 3. Every sole proprietor and every partner of a business | ||||||
25 | may elect to
be covered by this Act.
| ||||||
26 | An employee or his dependents under this Act who shall |
| |||||||
| |||||||
1 | have a cause
of action by reason of any injury, disablement or | ||||||
2 | death arising out of
and in the course of his employment may | ||||||
3 | elect to pursue his remedy in
the State where injured or | ||||||
4 | disabled, or in the State where the contract
of hire is made, | ||||||
5 | or in the State where the employment is principally
localized.
| ||||||
6 | However, any employer may elect to provide and pay | ||||||
7 | compensation to
any employee other than those engaged in the | ||||||
8 | usual course of the trade,
business, profession or occupation | ||||||
9 | of the employer by complying with
Sections 2 and 4 of this Act. | ||||||
10 | Employees are not included within the
provisions of this Act | ||||||
11 | when excluded by the laws of the United States
relating to | ||||||
12 | liability of employers to their employees for personal
| ||||||
13 | injuries where such laws are held to be exclusive.
| ||||||
14 | The term "employee" does not include persons performing | ||||||
15 | services as real
estate broker, broker-salesman, or salesman | ||||||
16 | when such persons are paid by
commission only.
| ||||||
17 | (c) "Commission" means the Industrial Commission created | ||||||
18 | by Section
5 of "The Civil Administrative Code of Illinois", | ||||||
19 | approved March 7,
1917, as amended, or the Illinois Workers' | ||||||
20 | Compensation Commission created by Section 13 of
this Act.
| ||||||
21 | (d) To obtain compensation under this Act, an employee | ||||||
22 | bears the burden of showing, by a preponderance of the | ||||||
23 | evidence, that he or she has sustained accidental injuries | ||||||
24 | arising out of and in the course of the employment. | ||||||
25 | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; | ||||||
26 | 97-813, eff. 7-13-12.)
|
| |||||||
| |||||||
1 | (820 ILCS 305/7) (from Ch. 48, par. 138.7)
| ||||||
2 | Sec. 7. The amount of compensation which shall be paid for | ||||||
3 | an
accidental injury to the employee resulting in death is:
| ||||||
4 | (a) If the employee leaves surviving a widow, widower, | ||||||
5 | child or
children, the applicable weekly compensation rate | ||||||
6 | computed in accordance
with subparagraph 2 of paragraph (b) of | ||||||
7 | Section 8, shall be payable
during the life of the widow or | ||||||
8 | widower and if any surviving child or
children shall not be | ||||||
9 | physically or mentally incapacitated then until
the death of | ||||||
10 | the widow or widower or until the youngest child shall
reach | ||||||
11 | the age of 18, whichever shall come later; provided that if | ||||||
12 | such
child or children shall be enrolled as a full time student | ||||||
13 | in any
accredited educational institution, the payments shall | ||||||
14 | continue until
such child has attained the age of 25. In the | ||||||
15 | event any surviving child
or children shall be physically or | ||||||
16 | mentally incapacitated, the payments
shall continue for the | ||||||
17 | duration of such incapacity.
| ||||||
18 | The term "child" means a child whom the deceased employee | ||||||
19 | left
surviving, including a posthumous child, a child legally | ||||||
20 | adopted, a
child whom the deceased employee was legally | ||||||
21 | obligated to support or a
child to whom the deceased employee | ||||||
22 | stood in loco parentis. The term
"children" means the plural | ||||||
23 | of "child".
| ||||||
24 | The term "physically or mentally incapacitated child or | ||||||
25 | children"
means a child or children incapable of engaging in |
| |||||||
| |||||||
1 | regular and
substantial gainful employment.
| ||||||
2 | In the event of the remarriage of a widow or widower, where | ||||||
3 | the
decedent did not leave surviving any child or children | ||||||
4 | who, at the time
of such remarriage, are entitled to | ||||||
5 | compensation benefits under this
Act, the surviving spouse | ||||||
6 | shall be paid a lump sum equal to 2 years
compensation benefits | ||||||
7 | and all further rights of such widow or widower
shall be | ||||||
8 | extinguished.
| ||||||
9 | If the employee leaves surviving any child or children | ||||||
10 | under 18 years
of age who at the time of death shall be | ||||||
11 | entitled to compensation under
this paragraph (a) of this | ||||||
12 | Section, the weekly compensation payments
herein provided for | ||||||
13 | such child or children shall in any event continue
for a period | ||||||
14 | of not less than 6 years.
| ||||||
15 | Any beneficiary entitled to compensation under this | ||||||
16 | paragraph (a) of
this Section shall receive from the special | ||||||
17 | fund provided in paragraph
(f) of this Section, in addition to | ||||||
18 | the compensation herein provided,
supplemental benefits in | ||||||
19 | accordance with paragraph (g) of Section 8.
| ||||||
20 | (b) If no compensation is payable under paragraph (a) of | ||||||
21 | this
Section and the employee leaves surviving a parent or | ||||||
22 | parents who at the
time of the accident were totally dependent | ||||||
23 | upon the earnings of the
employee then weekly payments equal | ||||||
24 | to the compensation rate payable in
the case where the | ||||||
25 | employee leaves surviving a widow or widower, shall
be paid to | ||||||
26 | such parent or parents for the duration of their lives, and
in |
| |||||||
| |||||||
1 | the event of the death of either, for the life of the survivor.
| ||||||
2 | (c) If no compensation is payable under paragraphs (a) or | ||||||
3 | (b) of
this Section and the employee leaves surviving any | ||||||
4 | child or children who
are not entitled to compensation under | ||||||
5 | the foregoing paragraph (a) but
who at the time of the accident | ||||||
6 | were nevertheless in any manner
dependent upon the earnings of | ||||||
7 | the employee, or leaves surviving a
parent or parents who at | ||||||
8 | the time of the accident were partially
dependent upon the | ||||||
9 | earnings of the employee, then there shall be paid to
such | ||||||
10 | dependent or dependents for a period of 8 years weekly | ||||||
11 | compensation
payments at such proportion of the applicable | ||||||
12 | rate if the employee had
left surviving a widow or widower as | ||||||
13 | such dependency bears to total
dependency. In the event of the | ||||||
14 | death of any such beneficiary the share
of such beneficiary | ||||||
15 | shall be divided equally among the surviving
beneficiaries and | ||||||
16 | in the event of the death of the last such
beneficiary all the | ||||||
17 | rights under this paragraph shall be extinguished.
| ||||||
18 | (d) If no compensation is payable under paragraphs (a), | ||||||
19 | (b) or (c)
of this Section and the employee leaves surviving | ||||||
20 | any grandparent,
grandparents, grandchild or grandchildren or | ||||||
21 | collateral heirs dependent
upon the employee's earnings to the | ||||||
22 | extent of 50% or more of total
dependency, then there shall be | ||||||
23 | paid to such dependent or dependents for
a period of 5 years | ||||||
24 | weekly compensation payments at such proportion of
the | ||||||
25 | applicable rate if the employee had left surviving a widow or
| ||||||
26 | widower as such dependency bears to total dependency. In the |
| |||||||
| |||||||
1 | event of
the death of any such beneficiary the share of such | ||||||
2 | beneficiary shall be
divided equally among the surviving | ||||||
3 | beneficiaries and in the event of
the death of the last such | ||||||
4 | beneficiary all rights hereunder shall be
extinguished.
| ||||||
5 | (e) The compensation to be paid for accidental injury | ||||||
6 | which results
in death, as provided in this Section, shall be | ||||||
7 | paid to the persons who
form the basis for determining the | ||||||
8 | amount of compensation to be paid by
the employer, the | ||||||
9 | respective shares to be in the proportion of their
respective | ||||||
10 | dependency at the time of the accident on the earnings of the
| ||||||
11 | deceased. The Commission or an Arbitrator thereof may, in its | ||||||
12 | or his
discretion, order or award the payment to the parent or | ||||||
13 | grandparent of a
child for the latter's support the amount of | ||||||
14 | compensation which but for
such order or award would have been | ||||||
15 | paid to such child as its share of
the compensation payable, | ||||||
16 | which order or award may be modified from time
to time by the | ||||||
17 | Commission in its discretion with respect to the person
to | ||||||
18 | whom shall be paid the amount of the order or award remaining | ||||||
19 | unpaid
at the time of the modification.
| ||||||
20 | The payments of compensation by the employer in accordance | ||||||
21 | with the
order or award of the Commission discharges such | ||||||
22 | employer from all
further obligation as to such compensation.
| ||||||
23 | (f) The sum of $8,000 for burial expenses shall be paid by | ||||||
24 | the
employer to the widow or widower, other dependent, next of | ||||||
25 | kin or to the
person or persons incurring the expense of | ||||||
26 | burial.
|
| |||||||
| |||||||
1 | In the event the employer failed to provide necessary | ||||||
2 | first aid,
medical, surgical or hospital service, he shall pay | ||||||
3 | the cost thereof to
the person or persons entitled to | ||||||
4 | compensation under paragraphs (a),
(b), (c) or (d) of this | ||||||
5 | Section, or to the person or persons incurring
the obligation | ||||||
6 | therefore, or providing the same.
| ||||||
7 | On January 15 and July 15, 1981, and on January 15 and July | ||||||
8 | 15 of each
year thereafter the employer shall within 60 days | ||||||
9 | pay a sum equal to
1/8 of 1% of all compensation payments made | ||||||
10 | by him after July 1, 1980, either
under this Act or the | ||||||
11 | Workers' Occupational Diseases Act, whether by lump
sum | ||||||
12 | settlement or weekly compensation payments, but not including | ||||||
13 | hospital,
surgical or rehabilitation payments, made during the | ||||||
14 | first 6 months and
during the second 6 months respectively of | ||||||
15 | the fiscal year next preceding
the date of the payments, into a | ||||||
16 | special fund which shall be designated the
"Second Injury | ||||||
17 | Fund", of which the State Treasurer is ex-officio custodian,
| ||||||
18 | such special fund to be held and disbursed for the purposes | ||||||
19 | hereinafter
stated in paragraphs (f) and (g) of Section 8, | ||||||
20 | either upon the order of the
Commission or of a competent | ||||||
21 | court. Said special fund shall be deposited
the same as are | ||||||
22 | State funds and any interest accruing thereon shall be
added | ||||||
23 | thereto every 6 months. It is subject to audit the same as | ||||||
24 | State
funds and accounts and is protected by the General bond | ||||||
25 | given by the State
Treasurer. It is considered always | ||||||
26 | appropriated for the purposes of
disbursements as provided in |
| |||||||
| |||||||
1 | Section 8, paragraph (f), of this Act, and
shall be paid out | ||||||
2 | and disbursed as therein provided and shall not at any
time be | ||||||
3 | appropriated or diverted to any other use or purpose.
| ||||||
4 | On January 15, 1991, the employer shall further pay a sum | ||||||
5 | equal to one
half of 1% of all compensation payments made by | ||||||
6 | him from January 1, 1990
through June 30, 1990 either under | ||||||
7 | this Act or under the Workers'
Occupational Diseases Act, | ||||||
8 | whether by lump sum settlement or weekly
compensation | ||||||
9 | payments, but not including hospital, surgical or
| ||||||
10 | rehabilitation payments, into an additional Special Fund which | ||||||
11 | shall be
designated as the "Rate Adjustment Fund". On March | ||||||
12 | 15, 1991, the employer
shall pay into the Rate Adjustment Fund | ||||||
13 | a sum equal to one half of 1% of
all such compensation payments | ||||||
14 | made from July 1, 1990 through December 31,
1990. Within 60 | ||||||
15 | days after July 15, 1991, the employer shall pay into the
Rate | ||||||
16 | Adjustment Fund a sum equal to one half of 1% of all such | ||||||
17 | compensation
payments made from January 1, 1991 through June | ||||||
18 | 30, 1991. Within 60 days
after January 15 of 1992 and each
| ||||||
19 | subsequent year through 1996, the employer shall pay
into the | ||||||
20 | Rate Adjustment Fund a sum equal to one half of 1% of all such
| ||||||
21 | compensation payments made in the last 6 months of the | ||||||
22 | preceding calendar
year. Within 60 days after July 15 of 1992 | ||||||
23 | and each subsequent year through
1995, the employer shall pay | ||||||
24 | into the Rate Adjustment Fund a sum equal to one
half of 1% of | ||||||
25 | all such compensation payments made in the first 6 months of | ||||||
26 | the
same calendar year. Within 60 days after January 15 of 1997 |
| |||||||
| |||||||
1 | and each subsequent
year through 2005, the employer shall pay | ||||||
2 | into the Rate Adjustment Fund a sum equal to
three-fourths of | ||||||
3 | 1% of all such compensation payments made in the last 6 months
| ||||||
4 | of the preceding calendar year. Within 60 days after July 15 of | ||||||
5 | 1996 and each
subsequent year through 2004, the employer shall | ||||||
6 | pay into the Rate Adjustment Fund a sum
equal to three-fourths | ||||||
7 | of 1% of all such compensation payments made in the
first 6 | ||||||
8 | months of the same calendar year. Within 60 days after July 15 | ||||||
9 | of 2005, the employer shall pay into the Rate Adjustment Fund a | ||||||
10 | sum equal to 1% of such compensation payments made in the first | ||||||
11 | 6 months of the same calendar year. Within 60 days after | ||||||
12 | January 15 of 2006 and each subsequent year, the employer | ||||||
13 | shall pay into the Rate Adjustment Fund a sum equal to 1.25% of | ||||||
14 | such compensation payments made in the last 6 months of the | ||||||
15 | preceding calendar year. Within 60 days after July 15 of 2006 | ||||||
16 | and each subsequent year, the employer shall pay into the Rate | ||||||
17 | Adjustment Fund a sum equal to 1.25% of such compensation | ||||||
18 | payments made in the first 6 months of the same calendar year.
| ||||||
19 | The administrative costs of
collecting assessments from | ||||||
20 | employers for the Rate Adjustment Fund shall be
paid from the
| ||||||
21 | Rate Adjustment Fund. The cost of an actuarial audit of the | ||||||
22 | Fund shall be paid
from the Rate Adjustment Fund. The State | ||||||
23 | Treasurer is ex officio custodian of such Special
Fund and the | ||||||
24 | same shall be held and disbursed for the purposes hereinafter
| ||||||
25 | stated in paragraphs (f) and (g) of Section 8 upon the order of | ||||||
26 | the
Commission or of a competent court. The Rate Adjustment |
| |||||||
| |||||||
1 | Fund shall be
deposited the same as are State funds and any | ||||||
2 | interest accruing thereon
shall be added thereto every 6 | ||||||
3 | months. It shall be subject to audit the
same as State funds | ||||||
4 | and accounts and shall be protected by the general bond
given | ||||||
5 | by the State Treasurer. It is considered always appropriated | ||||||
6 | for the
purposes of disbursements as provided in paragraphs | ||||||
7 | (f) and (g) of Section
8 of this Act and shall be paid out and | ||||||
8 | disbursed as therein provided and
shall not at any time be | ||||||
9 | appropriated or diverted to any other use or
purpose. Within 5 | ||||||
10 | days after the effective date of this amendatory Act of
1990, | ||||||
11 | the Comptroller and the State Treasurer shall transfer | ||||||
12 | $1,000,000
from the General Revenue Fund to the Rate | ||||||
13 | Adjustment Fund. By February 15,
1991, the Comptroller and the | ||||||
14 | State Treasurer shall transfer $1,000,000
from the Rate | ||||||
15 | Adjustment Fund to the General Revenue Fund. The Comptroller | ||||||
16 | and Treasurer are authorized to make
transfers at the
request | ||||||
17 | of the Chairman up to a total of $19,000,000
from the Second | ||||||
18 | Injury Fund, the General Revenue Fund, and the Workers'
| ||||||
19 | Compensation Benefit Trust
Fund to the Rate Adjustment Fund to | ||||||
20 | the extent that there is insufficient
money in the Rate | ||||||
21 | Adjustment Fund to pay claims and obligations. Amounts may
be | ||||||
22 | transferred from the General Revenue Fund only if the funds in | ||||||
23 | the Second
Injury Fund or the Workers' Compensation Benefit | ||||||
24 | Trust Fund are insufficient to
pay claims and obligations of | ||||||
25 | the Rate Adjustment Fund. All
amounts transferred from the | ||||||
26 | Second Injury Fund, the General Revenue Fund,
and the Workers'
|
| |||||||
| |||||||
1 | Compensation Benefit Trust Fund shall be repaid from the Rate | ||||||
2 | Adjustment
Fund within 270 days of a transfer, together with | ||||||
3 | interest at the rate
earned by moneys on deposit in the Fund or | ||||||
4 | Funds from which the moneys were
transferred.
| ||||||
5 | Upon a finding by the Commission, after reasonable notice | ||||||
6 | and hearing,
that any employer has willfully and knowingly | ||||||
7 | failed to pay the proper
amounts into the Second Injury Fund or | ||||||
8 | the Rate Adjustment Fund required by
this Section or if such | ||||||
9 | payments are not made within the time periods
prescribed by | ||||||
10 | this Section, the employer shall, in addition to such
| ||||||
11 | payments, pay a penalty of 20% of the amount required to be | ||||||
12 | paid or $2,500,
whichever is greater, for each year or part | ||||||
13 | thereof of such failure to pay.
This penalty shall only apply | ||||||
14 | to obligations of an employer to the
Second Injury Fund or the | ||||||
15 | Rate Adjustment Fund accruing after the effective
date of this | ||||||
16 | amendatory Act of 1989. All or part of such a penalty may be
| ||||||
17 | waived by the Commission for good cause shown.
| ||||||
18 | Any obligations of an employer to the Second Injury Fund | ||||||
19 | and Rate
Adjustment Fund accruing prior to the effective date | ||||||
20 | of this amendatory Act
of 1989 shall be paid in full by such | ||||||
21 | employer within 5 years of the
effective date of this | ||||||
22 | amendatory Act of 1989, with at least one-fifth of
such | ||||||
23 | obligation to be paid during each year following the effective | ||||||
24 | date of
this amendatory Act of 1989. If the Commission finds, | ||||||
25 | following reasonable
notice and hearing, that an employer has | ||||||
26 | failed to make timely payment of
any obligation accruing under |
| |||||||
| |||||||
1 | the preceding sentence, the employer shall,
in addition to all | ||||||
2 | other payments required by this Section, be liable for a
| ||||||
3 | penalty equal to 20% of the overdue obligation or $2,500, | ||||||
4 | whichever is
greater, for each year or part thereof that | ||||||
5 | obligation is overdue.
All or part of such a penalty may be | ||||||
6 | waived by the Commission for
good cause shown.
| ||||||
7 | The Chairman of the Illinois Workers' Compensation | ||||||
8 | Commission shall, annually, furnish to the
Director of the | ||||||
9 | Department of Insurance a list of the amounts paid into the
| ||||||
10 | Second Injury Fund and the Rate Adjustment Fund by each | ||||||
11 | insurance company
on behalf of their insured employers. The | ||||||
12 | Director shall verify to the
Chairman that the amounts paid by | ||||||
13 | each insurance company are accurate as
best as the Director | ||||||
14 | can determine from the records available to the
Director. The | ||||||
15 | Chairman shall verify that the amounts paid by each
| ||||||
16 | self-insurer are accurate as best as the Chairman can | ||||||
17 | determine from
records available to the Chairman. The Chairman | ||||||
18 | may require each
self-insurer to provide information | ||||||
19 | concerning the total compensation
payments made upon which | ||||||
20 | contributions to the Second Injury Fund and the
Rate | ||||||
21 | Adjustment Fund are predicated and any additional information
| ||||||
22 | establishing that such payments have been made into these | ||||||
23 | funds. Any
deficiencies in payments noted by the Director or | ||||||
24 | Chairman shall be subject
to the penalty provisions of this | ||||||
25 | Act.
| ||||||
26 | The State Treasurer, or his duly authorized |
| |||||||
| |||||||
1 | representative, shall be
named as a party to all proceedings | ||||||
2 | in all cases involving claim for the
loss of, or the permanent | ||||||
3 | and complete loss of the use of one eye, one
foot, one leg, one | ||||||
4 | arm or one hand.
| ||||||
5 | The State Treasurer or his duly authorized agent shall | ||||||
6 | have the same
rights as any other party to the proceeding, | ||||||
7 | including the right to
petition for review of any award. The | ||||||
8 | reasonable expenses of
litigation, such as medical | ||||||
9 | examinations, testimony, and transcript of
evidence, incurred | ||||||
10 | by the State Treasurer or his duly authorized
representative, | ||||||
11 | shall be borne by the Second Injury Fund.
| ||||||
12 | If the award is not paid within 30 days after the date the | ||||||
13 | award has
become final, the Commission shall proceed to take | ||||||
14 | judgment thereon in
its own name as is provided for other | ||||||
15 | awards by paragraph (g) of Section
19 of this Act and take the | ||||||
16 | necessary steps to collect the award.
| ||||||
17 | Any person, corporation or organization who has paid or | ||||||
18 | become liable
for the payment of burial expenses of the | ||||||
19 | deceased employee may in his
or its own name institute | ||||||
20 | proceedings before the Commission for the
collection thereof.
| ||||||
21 | For the purpose of administration, receipts and | ||||||
22 | disbursements, the
Special Fund provided for in paragraph (f) | ||||||
23 | of this Section shall be
administered jointly with the Special | ||||||
24 | Fund provided for in Section 7,
paragraph (f) of the Workers' | ||||||
25 | Occupational Diseases Act.
| ||||||
26 | (g) All compensation, except for burial expenses provided |
| |||||||
| |||||||
1 | in this
Section to be paid in case accident results in death, | ||||||
2 | shall be paid in
installments equal to the percentage of the | ||||||
3 | average earnings as provided
for in Section 8, paragraph (b) | ||||||
4 | of this Act, at the same intervals at
which the wages or | ||||||
5 | earnings of the employees were paid. If this is not
feasible, | ||||||
6 | then the installments shall be paid weekly. Such compensation
| ||||||
7 | may be paid in a lump sum upon petition as provided in Section | ||||||
8 | 9 of this
Act. However, in addition to the benefits provided by | ||||||
9 | Section 9 of this
Act where compensation for death is payable | ||||||
10 | to the deceased's widow,
widower or to the deceased's widow, | ||||||
11 | widower and one or more children,
and where a partial lump sum | ||||||
12 | is applied for by such beneficiary or
beneficiaries within 18 | ||||||
13 | months after the deceased's death, the
Commission may, in its | ||||||
14 | discretion, grant a partial lump sum of not to
exceed 100 weeks | ||||||
15 | of the compensation capitalized at their present value
upon | ||||||
16 | the basis of interest calculated at 3% per annum with annual | ||||||
17 | rests,
upon a showing that such partial lump sum is for the | ||||||
18 | best interest of
such beneficiary or beneficiaries.
| ||||||
19 | (h) In case the injured employee is under 16 years of age | ||||||
20 | at the
time of the accident and is illegally employed, the | ||||||
21 | amount of
compensation payable under paragraphs (a), (b), (c), | ||||||
22 | (d) and (f) of this
Section shall be increased 50%.
| ||||||
23 | Nothing herein contained repeals or amends the provisions | ||||||
24 | of the Child
Labor Law relating to the employment of minors | ||||||
25 | under the age of 16 years.
| ||||||
26 | However, where an employer has on file an employment |
| |||||||
| |||||||
1 | certificate
issued pursuant to the Child Labor Law or work | ||||||
2 | permit issued pursuant
to the Federal Fair Labor Standards | ||||||
3 | Act, as amended, or a birth
certificate properly and duly | ||||||
4 | issued, such certificate, permit or birth
certificate is | ||||||
5 | conclusive evidence as to the age of the injured minor
| ||||||
6 | employee for the purposes of this Section only.
| ||||||
7 | (i) Whenever the dependents of a deceased employee are | ||||||
8 | noncitizens aliens not
residing in the United States, Mexico | ||||||
9 | or Canada, the amount of
compensation payable is limited to | ||||||
10 | the beneficiaries described in
paragraphs (a), (b) and (c) of | ||||||
11 | this Section and is 50% of the
compensation provided in | ||||||
12 | paragraphs (a), (b) and (c) of this Section,
except as | ||||||
13 | otherwise provided by treaty.
| ||||||
14 | In a case where any of the persons who would be entitled to
| ||||||
15 | compensation is living at any place outside of the United | ||||||
16 | States, then
payment shall be made to the personal | ||||||
17 | representative of the deceased
employee. The distribution by | ||||||
18 | such personal representative to the
persons entitled shall be | ||||||
19 | made to such persons and in such manner as the
Commission | ||||||
20 | orders.
| ||||||
21 | (Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05; | ||||||
22 | 94-695, eff. 11-16-05.)
| ||||||
23 | Section 215. The Workers' Occupational Diseases Act is | ||||||
24 | amended by changing Section 1 as follows:
|
| |||||||
| |||||||
1 | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
| ||||||
2 | Sec. 1. This Act shall be known and may be cited as the | ||||||
3 | "Workers'
Occupational Diseases Act".
| ||||||
4 | (a) The term "employer" as used in this Act shall be | ||||||
5 | construed to
be:
| ||||||
6 | 1. The State and each county, city, town, township, | ||||||
7 | incorporated
village, school district, body politic, or | ||||||
8 | municipal corporation
therein.
| ||||||
9 | 2. Every person, firm, public or private corporation, | ||||||
10 | including
hospitals, public service, eleemosynary, | ||||||
11 | religious or charitable
corporations or associations, who | ||||||
12 | has any person in service or under any
contract for hire, | ||||||
13 | express or implied, oral or written.
| ||||||
14 | 3. Where an employer operating under and subject to | ||||||
15 | the provisions
of this Act loans an employee to another | ||||||
16 | such employer and such loaned
employee sustains a | ||||||
17 | compensable occupational disease in the employment
of such | ||||||
18 | borrowing employer and where such borrowing employer does | ||||||
19 | not
provide or pay the benefits or payments due such | ||||||
20 | employee, such loaning
employer shall be liable to provide | ||||||
21 | or pay all benefits or payments due
such employee under | ||||||
22 | this Act and as to such employee the liability of
such | ||||||
23 | loaning and borrowing employers shall be joint and | ||||||
24 | several,
provided that such loaning employer shall in the | ||||||
25 | absence of agreement to
the contrary be entitled to | ||||||
26 | receive from such borrowing employer full
reimbursement |
| |||||||
| |||||||
1 | for all sums paid or incurred pursuant to this paragraph
| ||||||
2 | together with reasonable attorneys' fees and expenses in | ||||||
3 | any hearings
before the Illinois Workers' Compensation | ||||||
4 | Commission or in any action to secure such
reimbursement. | ||||||
5 | Where any benefit is provided or paid by such loaning
| ||||||
6 | employer, the employee shall have the duty of rendering | ||||||
7 | reasonable
co-operation in any hearings, trials or | ||||||
8 | proceedings in the case,
including such proceedings for | ||||||
9 | reimbursement.
| ||||||
10 | Where an employee files an Application for Adjustment | ||||||
11 | of Claim with
the Illinois Workers' Compensation | ||||||
12 | Commission alleging that his or her claim is covered by
| ||||||
13 | the provisions of the preceding paragraph, and joining | ||||||
14 | both the alleged
loaning and borrowing employers, they and | ||||||
15 | each of them, upon written
demand by the employee and | ||||||
16 | within 7 days after receipt of such demand,
shall have the | ||||||
17 | duty of filing with the Illinois Workers' Compensation | ||||||
18 | Commission a written
admission or denial of the allegation | ||||||
19 | that the claim is covered by the
provisions of the | ||||||
20 | preceding paragraph and in default of such filing or
if | ||||||
21 | any such denial be ultimately determined not to have been | ||||||
22 | bona fide
then the provisions of Paragraph K of Section 19 | ||||||
23 | of this Act shall
apply.
| ||||||
24 | An employer whose business or enterprise or a | ||||||
25 | substantial part
thereof consists of hiring, procuring or | ||||||
26 | furnishing employees to or for
other employers operating |
| |||||||
| |||||||
1 | under and subject to the provisions of this
Act for the | ||||||
2 | performance of the work of such other employers and who | ||||||
3 | pays
such employees their salary or wage notwithstanding | ||||||
4 | that they are doing
the work of such other employers shall | ||||||
5 | be deemed a loaning employer
within the meaning and | ||||||
6 | provisions of this Section.
| ||||||
7 | (b) The term "employee" as used in this Act, shall be | ||||||
8 | construed to
mean:
| ||||||
9 | 1. Every person in the service of the State, county, | ||||||
10 | city, town,
township, incorporated village or school | ||||||
11 | district, body politic or
municipal corporation therein, | ||||||
12 | whether by election, appointment or
contract of hire, | ||||||
13 | express or implied, oral or written, including any
| ||||||
14 | official of the State, or of any county, city, town, | ||||||
15 | township,
incorporated village, school district, body | ||||||
16 | politic or municipal
corporation therein and except any | ||||||
17 | duly appointed member of the fire
department in any city | ||||||
18 | whose population exceeds 500,000 according to the
last | ||||||
19 | Federal or State census, and except any member of a fire | ||||||
20 | insurance
patrol maintained by a board of underwriters in | ||||||
21 | this State. One employed
by a contractor who has | ||||||
22 | contracted with the State, or a county, city,
town, | ||||||
23 | township, incorporated village, school district, body | ||||||
24 | politic or
municipal corporation therein, through its | ||||||
25 | representatives, shall not be
considered as an employee of | ||||||
26 | the State, county, city, town, township,
incorporated |
| |||||||
| |||||||
1 | village, school district, body politic or municipal
| ||||||
2 | corporation which made the contract.
| ||||||
3 | 2. Every person in the service of another under any | ||||||
4 | contract of
hire, express or implied, oral or written, who | ||||||
5 | contracts an occupational
disease while working in the | ||||||
6 | State of Illinois, or who contracts an
occupational | ||||||
7 | disease while working outside of the State of Illinois but
| ||||||
8 | where the contract of hire is made within the State of | ||||||
9 | Illinois, and any
person whose employment is principally | ||||||
10 | localized within the State of
Illinois, regardless of the | ||||||
11 | place where the disease was contracted or
place where the | ||||||
12 | contract of hire was made, including noncitizens aliens , | ||||||
13 | and minors
who, for the purpose of this Act, except | ||||||
14 | Section 3 hereof, shall be
considered the same and have | ||||||
15 | the same power to contract, receive
payments and give | ||||||
16 | quittances therefor, as adult employees. An employee
or | ||||||
17 | his or her dependents under this Act who shall have a cause | ||||||
18 | of action
by reason of an occupational disease, | ||||||
19 | disablement or death arising out
of and in the course of | ||||||
20 | his or her employment may elect or pursue
his or her remedy | ||||||
21 | in the State where the disease was contracted, or in the
| ||||||
22 | State where the contract of hire is made, or in the State | ||||||
23 | where the
employment is principally localized.
| ||||||
24 | (c) "Commission" means the Illinois Workers' Compensation | ||||||
25 | Commission created by the
Workers' Compensation Act, approved | ||||||
26 | July 9, 1951, as amended.
|
| |||||||
| |||||||
1 | (d) In this Act the term "Occupational Disease" means a | ||||||
2 | disease
arising out of and in the course of the employment or | ||||||
3 | which has become
aggravated and rendered disabling as a result | ||||||
4 | of the exposure of the
employment. Such aggravation shall | ||||||
5 | arise out of a risk peculiar to or
increased by the employment | ||||||
6 | and not common to the general public.
| ||||||
7 | A disease shall be deemed to arise out of the employment if | ||||||
8 | there is
apparent to the rational mind, upon consideration of | ||||||
9 | all the
circumstances, a causal connection between the | ||||||
10 | conditions under which
the work is performed and the | ||||||
11 | occupational disease. The disease need not
to have been | ||||||
12 | foreseen or expected but after its contraction it must
appear | ||||||
13 | to have had its origin or aggravation in a risk connected with
| ||||||
14 | the employment and to have flowed from that source as a | ||||||
15 | rational
consequence.
| ||||||
16 | An employee shall be conclusively deemed to have been | ||||||
17 | exposed to the
hazards of an occupational disease when, for | ||||||
18 | any length of time however
short, he or she is employed in an | ||||||
19 | occupation or process in which the
hazard of the disease | ||||||
20 | exists; provided however, that in a claim of
exposure to | ||||||
21 | atomic radiation, the fact of such exposure must be verified
| ||||||
22 | by the records of the central registry of radiation exposure | ||||||
23 | maintained
by the Department of Public Health or by some other | ||||||
24 | recognized
governmental agency maintaining records of such | ||||||
25 | exposures whenever and
to the extent that the records are on | ||||||
26 | file with the Department of Public
Health or the agency. |
| |||||||
| |||||||
1 | Any injury to or disease or death of an employee arising | ||||||
2 | from the administration of a vaccine, including without | ||||||
3 | limitation smallpox vaccine, to prepare for, or as a response | ||||||
4 | to, a threatened or potential bioterrorist incident to the | ||||||
5 | employee as part of a voluntary inoculation program in | ||||||
6 | connection with the person's employment or in connection with | ||||||
7 | any governmental program or recommendation for the inoculation | ||||||
8 | of workers in the employee's occupation, geographical area, or | ||||||
9 | other category that includes the employee is deemed to arise | ||||||
10 | out of and in the course of the employment for all purposes | ||||||
11 | under this Act. This paragraph added by Public Act 93-829 is | ||||||
12 | declarative of existing law and is not a new enactment.
| ||||||
13 | The employer liable for the compensation in this Act | ||||||
14 | provided shall
be the employer in whose employment the | ||||||
15 | employee was last exposed to the
hazard of the occupational | ||||||
16 | disease claimed upon regardless of the length
of time of such | ||||||
17 | last exposure, except, in cases of silicosis or
asbestosis, | ||||||
18 | the only employer liable shall be the last employer in whose
| ||||||
19 | employment the employee was last exposed during a period of 60 | ||||||
20 | days or
more after the effective date of this Act, to the | ||||||
21 | hazard of such
occupational disease, and, in such cases, an | ||||||
22 | exposure during a period of
less than 60 days, after the | ||||||
23 | effective date of this Act, shall not be
deemed a last | ||||||
24 | exposure. If a miner who is suffering or suffered from
| ||||||
25 | pneumoconiosis was employed for 10 years or more in one or more | ||||||
26 | coal
mines there shall, effective July 1, 1973 be a rebuttable |
| |||||||
| |||||||
1 | presumption
that his or her pneumoconiosis arose out of such | ||||||
2 | employment.
| ||||||
3 | If a deceased miner was employed for 10 years or more in | ||||||
4 | one or more
coal mines and died from a respirable disease there | ||||||
5 | shall, effective
July 1, 1973, be a rebuttable presumption | ||||||
6 | that his or her death was due
to pneumoconiosis.
| ||||||
7 | Any condition or impairment of health of an employee | ||||||
8 | employed as a
firefighter, emergency medical technician (EMT), | ||||||
9 | emergency medical technician-intermediate (EMT-I), advanced | ||||||
10 | emergency medical technician (A-EMT), or paramedic which | ||||||
11 | results
directly or indirectly from any bloodborne pathogen, | ||||||
12 | lung or respiratory
disease
or
condition, heart
or vascular | ||||||
13 | disease or condition, hypertension, tuberculosis, or cancer
| ||||||
14 | resulting
in any disability (temporary, permanent, total, or | ||||||
15 | partial) to the employee
shall be rebuttably presumed to arise | ||||||
16 | out of and in the course of the
employee's firefighting, EMT, | ||||||
17 | EMT-I, A-EMT, or paramedic employment and, further, shall be
| ||||||
18 | rebuttably presumed to be causally connected to the hazards or | ||||||
19 | exposures of
the employment. This presumption shall also apply | ||||||
20 | to any hernia or hearing
loss suffered by an employee employed | ||||||
21 | as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, | ||||||
22 | this presumption shall not apply to any employee who has been | ||||||
23 | employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for | ||||||
24 | less than 5 years at the time he or she files an Application | ||||||
25 | for Adjustment of Claim concerning this condition or | ||||||
26 | impairment with the Illinois Workers' Compensation Commission. |
| |||||||
| |||||||
1 | The rebuttable presumption established under this subsection, | ||||||
2 | however, does not apply to an emergency medical technician | ||||||
3 | (EMT), emergency medical technician-intermediate (EMT-I), | ||||||
4 | advanced emergency medical technician (A-EMT), or paramedic | ||||||
5 | employed by a private employer if the employee spends the | ||||||
6 | preponderance of his or her work time for that employer | ||||||
7 | engaged in medical transfers between medical care facilities | ||||||
8 | or non-emergency medical transfers to or from medical care | ||||||
9 | facilities. The changes made to this subsection by this | ||||||
10 | amendatory Act of the 98th General Assembly shall be narrowly | ||||||
11 | construed. The Finding and Decision of the Illinois Workers' | ||||||
12 | Compensation Commission under only the rebuttable presumption | ||||||
13 | provision of this paragraph shall not be admissible or be | ||||||
14 | deemed res judicata in any disability claim under the Illinois | ||||||
15 | Pension Code arising out of the same medical condition; | ||||||
16 | however, this sentence makes no change to the law set forth in | ||||||
17 | Krohe v. City of Bloomington, 204 Ill.2d 392.
| ||||||
18 | The insurance carrier liable shall be the carrier whose | ||||||
19 | policy was in
effect covering the employer liable on the last | ||||||
20 | day of the exposure
rendering such employer liable in | ||||||
21 | accordance with the provisions of this
Act.
| ||||||
22 | (e) "Disablement" means an impairment or partial | ||||||
23 | impairment,
temporary or permanent, in the function of the | ||||||
24 | body or any of the
members of the body, or the event of | ||||||
25 | becoming disabled from earning full
wages at the work in which | ||||||
26 | the employee was engaged when last exposed to
the hazards of |
| |||||||
| |||||||
1 | the occupational disease by the employer from whom he or
she | ||||||
2 | claims compensation, or equal wages in other suitable | ||||||
3 | employment;
and "disability" means the state of being so | ||||||
4 | incapacitated.
| ||||||
5 | (f) No compensation shall be payable for or on account of | ||||||
6 | any
occupational disease unless disablement, as herein | ||||||
7 | defined, occurs
within two years after the last day of the last | ||||||
8 | exposure to the hazards
of the disease, except in cases of | ||||||
9 | occupational disease caused by
berylliosis or by the | ||||||
10 | inhalation of silica dust or asbestos dust and, in
such cases, | ||||||
11 | within 3 years after the last day of the last exposure to
the | ||||||
12 | hazards of such disease and except in the case of occupational
| ||||||
13 | disease caused by exposure to radiological materials or | ||||||
14 | equipment, and
in such case, within 25 years after the last day | ||||||
15 | of last exposure to the
hazards of such disease.
| ||||||
16 | (g)(1) In any proceeding before the Commission in which | ||||||
17 | the employee is a COVID-19 first responder or front-line | ||||||
18 | worker as defined in this subsection, if the employee's injury | ||||||
19 | or occupational disease resulted from exposure to and | ||||||
20 | contraction of COVID-19, the exposure and contraction shall be | ||||||
21 | rebuttably presumed to have arisen out of and in the course of | ||||||
22 | the employee's first responder or front-line worker employment | ||||||
23 | and the injury or occupational disease shall be rebuttably | ||||||
24 | presumed to be causally connected to the hazards or exposures | ||||||
25 | of the employee's first responder or front-line worker | ||||||
26 | employment. |
| |||||||
| |||||||
1 | (2) The term "COVID-19 first responder or front-line | ||||||
2 | worker" means: all individuals employed as police, fire | ||||||
3 | personnel, emergency medical technicians, or paramedics; all | ||||||
4 | individuals employed and considered as first responders; all | ||||||
5 | workers for health care providers, including nursing homes and | ||||||
6 | rehabilitation facilities and home care workers; corrections | ||||||
7 | officers; and any individuals employed by essential businesses | ||||||
8 | and operations as defined in Executive Order 2020-10 dated | ||||||
9 | March 20, 2020, as long as individuals employed by essential | ||||||
10 | businesses and operations are required by their employment to | ||||||
11 | encounter members of the general public or to work in | ||||||
12 | employment locations of more than 15 employees. For purposes | ||||||
13 | of this subsection only, an employee's home or place of | ||||||
14 | residence is not a place of employment, except for home care | ||||||
15 | workers. | ||||||
16 | (3) The presumption created in this subsection may be | ||||||
17 | rebutted by evidence, including, but not limited to, the | ||||||
18 | following: | ||||||
19 | (A) the employee was working from his or her home, on | ||||||
20 | leave from his or her employment, or some combination | ||||||
21 | thereof, for a period of 14 or more consecutive days | ||||||
22 | immediately prior to the employee's injury, occupational | ||||||
23 | disease, or period of incapacity resulted from exposure to | ||||||
24 | COVID-19; or | ||||||
25 | (B) the employer was engaging in and applying to the | ||||||
26 | fullest extent possible or enforcing to the best of its |
| |||||||
| |||||||
1 | ability industry-specific workplace sanitation, social | ||||||
2 | distancing, and health and safety practices based on | ||||||
3 | updated guidance issued by the Centers for Disease Control | ||||||
4 | and Prevention or Illinois Department of Public Health or | ||||||
5 | was using a combination of administrative controls, | ||||||
6 | engineering controls, or personal protective equipment to | ||||||
7 | reduce the transmission of COVID-19 to all employees for | ||||||
8 | at least 14 consecutive days prior to the employee's | ||||||
9 | injury, occupational disease, or period of incapacity | ||||||
10 | resulting from exposure to COVID-19. For purposes of this | ||||||
11 | subsection, "updated" means the guidance in effect at | ||||||
12 | least 14 days prior to the COVID-19 diagnosis. For | ||||||
13 | purposes of this subsection, "personal protective | ||||||
14 | equipment" means industry-specific equipment worn to | ||||||
15 | minimize exposure to hazards that cause illnesses or | ||||||
16 | serious injuries, which may result from contact with | ||||||
17 | biological, chemical, radiological, physical, electrical, | ||||||
18 | mechanical, or other workplace hazards. "Personal | ||||||
19 | protective equipment" includes, but is not limited to, | ||||||
20 | items such as face coverings, gloves, safety glasses, | ||||||
21 | safety face shields, barriers, shoes, earplugs or muffs, | ||||||
22 | hard hats, respirators, coveralls, vests, and full body | ||||||
23 | suits; or | ||||||
24 | (C) the employee was exposed to COVID-19 by an | ||||||
25 | alternate source. | ||||||
26 | (4) The rebuttable presumption created in this subsection |
| |||||||
| |||||||
1 | applies to all cases tried after June 5, 2020 (the effective | ||||||
2 | date of Public Act 101-633) and in which the diagnosis of | ||||||
3 | COVID-19 was made on or after March 9, 2020 and on or before | ||||||
4 | June 30, 2021 (including the period between December 31, 2020 | ||||||
5 | and the effective date of this amendatory Act of the 101st | ||||||
6 | General Assembly). | ||||||
7 | (5) Under no circumstances shall any COVID-19 case | ||||||
8 | increase or affect any employer's workers' compensation | ||||||
9 | insurance experience rating or modification, but COVID-19 | ||||||
10 | costs may be included in determining overall State loss costs. | ||||||
11 | (6) In order for the presumption created in this | ||||||
12 | subsection to apply at trial, for COVID-19 diagnoses occurring | ||||||
13 | on or before June 15, 2020, an employee must provide a | ||||||
14 | confirmed medical diagnosis by a licensed medical practitioner | ||||||
15 | or a positive laboratory test for COVID-19 or for COVID-19 | ||||||
16 | antibodies; for COVID-19 diagnoses occurring after June 15, | ||||||
17 | 2020, an employee must provide a positive laboratory test for | ||||||
18 | COVID-19 or for COVID-19 antibodies. | ||||||
19 | (7) The presumption created in this subsection does not | ||||||
20 | apply if the employee's place of employment was solely the | ||||||
21 | employee's home or residence for a period of 14 or more | ||||||
22 | consecutive days immediately prior to the employee's injury, | ||||||
23 | occupational disease, or period of incapacity resulted from | ||||||
24 | exposure to COVID-19. | ||||||
25 | (8) The date of injury or the beginning of the employee's | ||||||
26 | occupational disease or period of disability is either the |
| |||||||
| |||||||
1 | date that the employee was unable to work due to contraction of | ||||||
2 | COVID-19 or was unable to work due to symptoms that were later | ||||||
3 | diagnosed as COVID-19, whichever came first. | ||||||
4 | (9) An employee who contracts COVID-19, but fails to | ||||||
5 | establish the rebuttable presumption is not precluded from | ||||||
6 | filing for compensation under this Act or under the Workers' | ||||||
7 | Compensation Act. | ||||||
8 | (10) To qualify for temporary total disability benefits | ||||||
9 | under the presumption created in this subsection, the employee | ||||||
10 | must be certified for or recertified for temporary disability. | ||||||
11 | (11) An employer is entitled to a credit against any | ||||||
12 | liability for temporary total disability due to an employee as | ||||||
13 | a result of the employee contracting COVID-19 for (A) any sick | ||||||
14 | leave benefits or extended salary benefits paid to the | ||||||
15 | employee by the employer under Emergency Family Medical Leave | ||||||
16 | Expansion Act, Emergency Paid Sick Leave Act of the Families | ||||||
17 | First Coronavirus Response Act, or any other federal law, or | ||||||
18 | (B) any other credit to which an employer is entitled under the | ||||||
19 | Workers' Compensation Act. | ||||||
20 | (Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
| ||||||
21 | Section 220. The Unemployment Insurance Act is amended by | ||||||
22 | changing Sections 211.4 and 614 as follows:
| ||||||
23 | (820 ILCS 405/211.4) (from Ch. 48, par. 321.4)
| ||||||
24 | Sec. 211.4. A. Notwithstanding any other provision of this |
| |||||||
| |||||||
1 | Act, the
term "employment" shall include service performed | ||||||
2 | after December 31,
1977, by an individual in agricultural | ||||||
3 | labor as defined in Section 214
when:
| ||||||
4 | 1. Such service is performed for an employing unit | ||||||
5 | which (a) paid
cash wages of $20,000 or more during any | ||||||
6 | calendar quarter in either the
current or preceding | ||||||
7 | calendar year to an individual or individuals
employed in | ||||||
8 | agricultural labor (not taking into account service in
| ||||||
9 | agricultural labor performed before January 1, 1980, by a | ||||||
10 | noncitizen an alien
referred to in paragraph 2); or (b) | ||||||
11 | employed in agricultural labor (not
taking into account | ||||||
12 | service in agricultural labor performed before
January 1, | ||||||
13 | 1980, by a noncitizen an alien referred to in paragraph 2) | ||||||
14 | 10 or more
individuals within each of 20 or more calendar | ||||||
15 | weeks (but not
necessarily simultaneously and irrespective | ||||||
16 | of whether the same
individuals are or were employed in | ||||||
17 | each such week), whether or not such
weeks are or were | ||||||
18 | consecutive, within either the current or preceding
| ||||||
19 | calendar year.
| ||||||
20 | 2. Such service is not performed in agricultural labor | ||||||
21 | if performed
before January 1, 1980 or on or after the | ||||||
22 | effective date of this amendatory Act of the 96th General | ||||||
23 | Assembly, by an individual who is a noncitizen an alien | ||||||
24 | admitted to the
United States to perform service in | ||||||
25 | agricultural labor pursuant to
Sections 214(c) and | ||||||
26 | 101(a)(15)(H) of the Immigration and Nationality
Act.
|
| |||||||
| |||||||
1 | B. For the purposes of this Section, any individual who is | ||||||
2 | a member
of a crew furnished by a crew leader to perform | ||||||
3 | service in agricultural
labor for any other employing unit | ||||||
4 | shall be treated as performing
service in the employ of such | ||||||
5 | crew leader if (1) the leader holds a
valid certificate of | ||||||
6 | registration under the Farm Labor Contractor
Registration Act | ||||||
7 | of 1963, or substantially all the members of such crew
operate | ||||||
8 | or maintain tractors, mechanized harvesting or crop dusting
| ||||||
9 | equipment, or any other mechanized equipment, which is | ||||||
10 | provided by the
crew leader; and (2) the service of such | ||||||
11 | individual is not in employment
for such other employing unit | ||||||
12 | within the meaning of subsections A and C
of Section 212, and | ||||||
13 | of Section 213.
| ||||||
14 | C. For the purposes of this Section, any individual who is | ||||||
15 | furnished
by a crew leader to perform service in agricultural | ||||||
16 | labor for any other
employing unit, and who is not treated as | ||||||
17 | performing service in the
employ of such crew leader under | ||||||
18 | subsection B, shall be treated as
performing service in the | ||||||
19 | employ of such other employing unit, and such
employing unit | ||||||
20 | shall be treated as having paid cash wages to such
individual | ||||||
21 | in an amount equal to the amount of cash wages paid to the
| ||||||
22 | individual by the crew leader (either on his own behalf or on | ||||||
23 | behalf of
such other employing unit) for the service in | ||||||
24 | agricultural labor
performed for such other employing unit.
| ||||||
25 | D. For the purposes of this Section, the term "crew | ||||||
26 | leader" means an
individual who (1) furnishes individuals to |
| |||||||
| |||||||
1 | perform service in
agricultural labor for any other employing | ||||||
2 | unit; (2) pays (either on his
own behalf or on behalf of such | ||||||
3 | other employing unit) the individuals so
furnished by him for | ||||||
4 | the service in agricultural labor performed by
them; and (3) | ||||||
5 | has not entered into a written agreement with such other
| ||||||
6 | employing unit under which an individual so furnished by him | ||||||
7 | is
designated as performing services in the employ of such | ||||||
8 | other employing
unit.
| ||||||
9 | (Source: P.A. 96-1208, eff. 1-1-11.)
| ||||||
10 | (820 ILCS 405/614) (from Ch. 48, par. 444)
| ||||||
11 | Sec. 614. Non-resident noncitizens aliens - ineligibility. | ||||||
12 | A noncitizen An alien shall be ineligible
for benefits for any | ||||||
13 | week which begins after December 31, 1977, on the basis
of | ||||||
14 | wages for services performed by such noncitizen alien , unless | ||||||
15 | the noncitizen alien was an individual
who was lawfully | ||||||
16 | admitted for permanent residence at the
time such services | ||||||
17 | were performed or otherwise was permanently
residing in the | ||||||
18 | United States under color of law at the time such
services were | ||||||
19 | performed (including a person an alien who
was lawfully | ||||||
20 | present in the United States as a result of the application
of | ||||||
21 | the provisions of Section 212(d) (5) of the Immigration
and | ||||||
22 | Nationality Act); provided, that any modifications of the | ||||||
23 | provisions
of Section 3304(a) (14) of the Federal Unemployment | ||||||
24 | Tax Act which
| ||||||
25 | A. Specify other conditions or another effective date |
| |||||||
| |||||||
1 | than stated herein
for ineligibility for benefits based on | ||||||
2 | wages for services performed by noncitizens aliens , and
| ||||||
3 | B. Are required to be implemented under this Act as a | ||||||
4 | condition for the
Federal approval of this Act requisite | ||||||
5 | to the full tax credit against the
tax imposed by the | ||||||
6 | Federal Act for contributions paid by employers pursuant
| ||||||
7 | to this Act, shall be applicable under the provisions of | ||||||
8 | this Section.
| ||||||
9 | Any data or information required of individuals who claim | ||||||
10 | benefits for
the purpose of determining whether benefits are | ||||||
11 | not payable to them pursuant
to this Section shall be | ||||||
12 | uniformly required of all individuals who claim benefits.
| ||||||
13 | If an individual would otherwise be eligible for benefits, | ||||||
14 | no determination
shall be made that such individual is | ||||||
15 | ineligible for benefits pursuant to
this Section because of | ||||||
16 | the individual's noncitizen alien status, except upon a | ||||||
17 | preponderance
of the evidence.
| ||||||
18 | (Source: P.A. 86-3; 87-122.)
| ||||||
19 | Section 995. No acceleration or delay. Where this Act | ||||||
20 | makes changes in a statute that is represented in this Act by | ||||||
21 | text that is not yet or no longer in effect (for example, a | ||||||
22 | Section represented by multiple versions), the use of that | ||||||
23 | text does not accelerate or delay the taking effect of (i) the | ||||||
24 | changes made by this Act or (ii) provisions derived from any | ||||||
25 | other Public Act. |
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1 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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