Title 33, Chapter 27, Section 1
( 33-27-1)
No policy of group life insurance shall be delivered in this state
unless it conforms to one of the following descriptions: (1) Employee groups. A policy issued to an employer or to the
trustees of a fund established by an employer, which employer or
trustee shall be deemed the policyholder, to insure employees of
the employer for the benefit of persons other than the employer,
subject to the following requirements: (A) The employees eligible for insurance under the policy shall
be all of the employees of the employer or all of any class or
classes thereof determined by conditions pertaining to their
employment. The policy may provide that the term "employees"
shall include the employees of one or more subsidiary
corporations and the employees, individual proprietors, and
partners of one or more affiliated corporations, proprietors, or
partnerships, if the business of the employer and of such
affiliated corporations, proprietors, or partnerships is under
common control through stock ownership or contract or otherwise.
The policy may provide that the term "employees" shall include
the individual proprietor or partners if the employer is an
individual proprietor or a partnership. The policy may provide
that the term "employees" shall include retired employees. No
individual proprietor or partner shall be eligible for insurance
under the policy unless he is actively engaged in and devotes a
substantial part of his time to the conduct of the business of
the proprietor or partnership. A policy issued to insure the
employees of a public body may provide that the term "employees"
shall include elected or appointed officials; (B) The premium for the policy shall be paid by the policyholder
either from the employer's own funds or from charges collected
from the insured employee specifically for such insurance or
from funds contributed by both the employer and the employee. A
policy in which no part of the premium is to be derived from
funds contributed by the insured employee must insure each
eligible employee, except for any employee as to whom evidence
of individual insurability is not satisfactory to the insurer; (C) The policy must cover at least two employees at date of
issue; and (D) The amounts of insurance under the policy must be based upon
some plan precluding individual selection either by the
employees or by the employer or trustee. (2) Debtor groups. A policy issued to a creditor or to a trustee
or agent appointed by two or more creditors, which creditor,
trustee, or agent shall be deemed the policyholder, to insure
debtors of the creditor, subject to the following requirements: (A) The debtors eligible for insurance under the policy shall be
all of the debtors of the creditor whose indebtedness is
repayable either in installments, including any extraordinary
payment of an installment or lease-purchase obligation, or in
one sum at the end of a period not in excess of 24 months from
the initial date of debt or all of any class or classes thereof
determined by conditions pertaining to the indebtedness or to
the purchase giving rise to the indebtedness. The policy may
provide that the term "debtors" shall include the debtors of one
or more subsidiary corporations and the debtors of one or more
affiliated corporations, proprietors, or partnerships, if the
business of the policyholder and of such affiliated
corporations, proprietors, or partnerships is under common
control through stock ownership, contract, or otherwise. No
debtor shall be eligible unless the indebtedness constitutes an
irrevocable obligation to repay which is binding upon him during
his lifetime at the time the insurance becomes effective upon
his life; (B) The premium for the policy shall be paid by the policyholder
either from the creditor's funds, from charges collected from
the insured debtors, or from both. A policy on which part or
all of the premium is to be derived from the collection from the
insured debtors of identifiable charges not required of
uninsured debtors shall not include, in the class or classes of
debtors eligible for insurance, debtors under obligations
outstanding at its date of issue without evidence of individual
insurability unless at least 75 percent of the then eligible
debtors elect to pay the required charges. A policy on which no
part of the premium is to be derived from the collection of such
identifiable charges must insure all eligible debtors or all
except any as to whom evidence of individual insurability is not
satisfactory to the insurer; (C) The policy may be issued only if the policy reserves to the
insurer the right to require evidence of individual insurability
if less than 75 percent of the new entrants become insured. The
policy may exclude from the classes eligible for insurance
classes of debtors determined by age; (D) The amount of insurance on the life of any debtor shall at
no time exceed the amount owed by him which is repayable in
installments, the amount of the unpaid indebtedness, or
$75,000.00, whichever is less. Where the indebtedness is
repayable in one sum to the creditor, the insurance on the life
of any debtor shall in no instance be in effect for a period in
excess of 18 months, except that such insurance may be continued
for an additional period not exceeding six months in the case of
default, extension, or recasting of the loan; and (E) The insurance shall be payable to the policyholder. Such
payment shall reduce or extinguish the unpaid indebtedness of
the debtor to the extent of such payment. (3) Agricultural loans. Notwithstanding the provisions of this
Code section, group life insurance in connection with agricultural
loans may be written up to the amount of the loan or loan
commitment on the nondecreasing or level term plan; however, the
amount of insurance on the life of any such debtor shall not on
any anniversary date of the insurance exceed the amount then owed
by him which is repayable in installments, the amount of the then
unpaid indebtedness, or $40,000.00, whichever is less. (4) Labor union groups. A policy issued to a labor union, which
shall be deemed the policyholder, to insure members of such union
for the benefit of persons other than the union or any of its
officials, representatives, or agents, subject to the following
requirements: (A) The members eligible for insurance under the policy shall be
all of the members of the union or all of any class or classes
thereof determined by conditions pertaining to their employment
or to membership in the union, or both; (B) The premium for the policy shall be paid by the policyholder
either wholly from the union's funds or partly from such funds
and partly from funds contributed by the insured members
specifically for their insurance. No policy may be issued on
which the entire premium is to be derived from funds contributed
by the insured members specifically for their insurance. A
policy on which no part of the premium is to be derived from
funds contributed by the insured members specifically for their
insurance must insure all eligible members or all except any as
to whom evidence of individual insurability is not satisfactory
to the insurer; (C) The policy must cover at least 25 members at date of issue;
and (D) The amounts of insurance under the policy must be based upon
some plan precluding individual selection either by the members
or by the union. (5) Trustee groups. A policy issued to the trustees of a fund
established by two or more employers or by one or more labor
unions or by one or more employers and one or more labor unions,
which trustees shall be deemed the policyholder, to insure
employees of the employers or members of the unions for the
benefit of persons other than the employers or the unions, subject
to the following requirements: (A) The persons eligible for insurance shall be all of the
employees of the employers, all of the members of the unions, or
all of any class or classes of employees or union members
determined by conditions pertaining to their employment, to
membership in the unions, or to both. The policy may provide
that the term "employees" shall include retired employees and
the individual proprietor or partners if an employer is an
individual proprietor or a partnership. No director of a
corporate employer shall be eligible for insurance under the
policy unless such person is otherwise eligible as a bona fide
employee of the corporation by performing services other than
the usual duties of a director. No individual proprietor or
partner shall be eligible for insurance under the policy unless
he is actively engaged in and devotes a substantial part of his
time to the conduct of the business of the proprietor or
partnership. 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; (B) The premium for the policy shall be paid by the trustees
wholly from funds contributed by the employer or employers of
the insured persons, by the union or unions, or by both or
partly from such funds and partly from funds contributed by the
insured persons. No policy may be issued on which the entire
premium is to be derived from funds contributed by the insured
persons specifically for their insurance. A policy on which no
part of the premium is to be derived from funds contributed by
the insured persons specifically for their insurance must insure
all eligible persons or all except any as to whom evidence of
individual insurability is not satisfactory to the insurer; (C) The policy must cover at date of issue at least 100 persons;
and, if the fund is established by the members of an association
of employers, the policy may be issued only if either the
participating employers constitute at date of issue at least 60
percent of those employer members whose employees are not
already covered for group life insurance or the total number of
persons covered at date of issue exceeds 600; and the policy
shall not require that, if a participating employer discontinues
membership in the association, the insurance of his employees
shall cease solely by reason of the discontinuance; and (D) The amounts of insurance under the policy must be based upon
some plan precluding individual selection either by the insured
persons or by the policyholder, employers, or unions. (6) Association groups. The lives of a group of individuals may be
insured under a policy issued to an association, which shall be
deemed the policyholder, to insure members of such association for
the benefit of persons other than the association. As used in
this paragraph, the term "association" means an association of
governmental or public employees, an association of employees of a
common employer, or an organization formed and operated in good
faith for purposes other than that of procuring insurance and
composed of members engaged in a common trade, business, or
profession. The policy shall be subject to the following
requirements: (A) The members eligible for insurance under the policy shall be
all of the members of the association or all of any class or
classes of the association determined by conditions pertaining
to their employment, to their trade, business, or profession, to
their membership in the association, or to any two or more of
such conditions. The policy may provide that officers and
employees of the association who are bona fide members may be
insured under the policy; (B) The policy must cover at least 25 members at date of issue; (C) The amounts of insurance under the policy must be based upon
some plan precluding individual selection either by the
association or by the members; and (D) The premium for the policy shall be paid by the policyholder
either from the association's own funds, or from charges
collected from the insured members specifically for the
insurance, or from both. (7) Bank and credit union groups. A bank authorized to do business
in this state may carry insurance upon its depositors for amounts
not to exceed the savings deposit balances of each depositor or
$5,000.00, whichever is less, and a credit union organized
pursuant to the laws of this state or the Federal Credit Union Act
may carry insurance upon its members for amounts not to exceed the
share and deposit balances of each member or $5,000.00, whichever
is less. Such insurance shall be subject to the requirements of
subparagraphs (A) through (D) of paragraph (6) of this Code
section. (8) Multiple employer welfare arrangements. (A) The lives of a group of individuals may be insured under a
policy issued to a legal entity providing a multiple employer
welfare arrangement. As used in this paragraph, the term
"multiple employer welfare arrangement" means any employee
benefit plan which is established or maintained for the purpose
of offering or providing life insurance benefits to the
employees of two or more employers, including self-employed
individuals and their dependents. The term does not apply to any
plan or arrangement which is established or maintained by a
tax-exempt rural electric cooperative or a collective bargaining
agreement. (B) The amounts of insurance under the policy must be based upon
some plan precluding individual selection either by the
employees, employers, or trustee. (9) Special employee groups. A corporation or a trustee of a trust established by a corporation which has an insurable interest in employees pursuant to subsection (c) of Code Section 33-24-3 and authority to effectuate insurance on employees pursuant to paragraph (4) or (5) of subsection (a) of Code Section 33-24-6 may establish an employee group to effectuate group life insurance policies on employees when such corporation or trustee of a trust is providing life, health, disability, retirement, or similar benefits to employees, provided that the premium for such group policies is wholly paid by the corporation or trustee of the trust and the proceeds of such policies are used to provide supplemental funding for such employee benefit plans. |