09 LC
37 0842
House
Bill 321
By:
Representatives Davis of the
109th
and Rogers of the
26th
A
BILL TO BE ENTITLED
AN ACT
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 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 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
two
years;"
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.