Bill Text: GA HB321 | 2009-2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Insurance Delivery Enhancement Act of 2009; enact

Spectrum: Partisan Bill (Republican 4-0)

Status: (Vetoed) 2010-06-04 - Veto V4 [HB321 Detail]

Download: Georgia-2009-HB321-Comm_Sub.html

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09 LC 37 0892S

The House Committee on Insurance offers the following substitute to HB 321:

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Insurance Delivery Enhancement Act of 2009."

SECTION 2.

Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, is amended by revising paragraphs (2) and (3) of subsection (a) as follows:

"(2) Under a policy issued to an association, including a labor union, which shall have a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least 25 10 members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. As used in this paragraph, the term 'employees' may include retired employees;

(3) Under a policy issued to the trustees of a fund established by two or more employers in the same industry, by one or more labor unions, by one or more employers and one or more labor unions, or by an association, as defined in paragraph (2) of this Code section, which trustees shall be deemed the policyholder, to insure not less than 25 10 employees of the employers or members of the union or of such association or of members of such association for the benefit of persons other than the employers or other unions or such associations. As used in this paragraph, the term 'employees' includes the officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or partnership. The term may include retired employees. The policy may provide that the term 'employees' shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship;"

SECTION 3.

Said Code section is further amended by revising subparagraph (a)(7)(A) as follows:

"(7)(A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, individuals whose compensation is reported on federal Internal Revenue Service Form 1099, and their spouses or dependents. The term does shall not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement."

SECTION 4.

Said Code section is further amended by revising paragraph (1) of subsection (b) as follows:

"(1) Has been in existence for at least five three years;"

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.