Bill Text: NY A09175 | 2013-2014 | General Assembly | Amended

New York Assembly Bill 9175 (Prior Session Legislation)

Bill Title: Relates to what constitutes doing an insurance business in the state.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-11-21 - signed chap.449 [A09175 Detail]

Download: New_York-2013-A09175-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9175--A
                                 I N  A S S E M B L Y
                                    March 26, 2014
                                      ___________
       Introduced  by M. of A. BRAUNSTEIN, SKOUFIS -- read once and referred to
         the Committee on Insurance  --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the insurance law, in relation to internet enrollment of
         employees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph and subparagraph (D) of  paragraph  1
    2  of  subsection  (b)  of  section  1101 of the insurance law, the opening
    3  paragraph as amended by section 1 of part I of chapter 61 of the laws of
    4  2011, are amended to read as follows:
    5    Except as OTHERWISE provided in [paragraph  two,  three,  three-a,  or
    6  seven  of]  this  subsection,  any  of the following acts in this state,
    7  effected by mail from outside this state or otherwise,  by  any  person,
    8  firm,  association,  corporation or joint-stock company shall constitute
    9  doing an insurance business in this state  and  shall  constitute  doing
   10  business in the state within the meaning of section three hundred two of
   11  the civil practice law and rules:
   12    (D)  doing  any  kind  of  business, including a reinsurance business,
   13  specifically recognized as constituting the doing of an insurance  busi-
   14  ness within the meaning of this chapter; OR
   15    S 2. Subsection (b) of section 1101 of the insurance law is amended by
   16  adding a new paragraph 8 to read as follows:
   17    (8)  NOTWITHSTANDING  THE  FOREGOING,  THE  MAINTENANCE  OF  A WEBSITE
   18  OUTSIDE THE STATE BY AN  UNAUTHORIZED  FOREIGN  OR  ALIEN  INSURER  DULY
   19  LICENSED TO TRANSACT THE BUSINESS OF INSURANCE IN AND BY THE LAWS OF ITS
   20  DOMICILE, BY WHICH A MEMBER OF A GROUP MAY SELF-ENROLL, THROUGH AN AUTO-
   21  MATED  PROCESS,  IN  A  GROUP LIFE, GROUP ANNUITY, OR GROUP ACCIDENT AND
   22  HEALTH INSURANCE POLICY OR CONTRACT, AS DEFINED IN PARAGRAPHS ONE,  TWO,
   23  AND THREE OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
   24  OF  THIS  ARTICLE,  SHALL  NOT CONSTITUTE DOING AN INSURANCE BUSINESS IN
   25  THIS STATE, BUT SECTION ONE THOUSAND TWO HUNDRED THIRTEEN OF THIS  CHAP-
   26  TER NEVERTHELESS SHALL APPLY TO THE INSURER; PROVIDED THAT:
   27    (A) THE GROUP CONFORMS TO THE DEFINITION OF ELIGIBILITY CONTAINED IN:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13607-06-4
       A. 9175--A                          2
    1    (I)  PARAGRAPH  ONE,  TWO,  FOUR (WITH RESPECT TO A POLICY ISSUED TO A
    2  TRUSTEE OR TRUSTEES OF A FUND ESTABLISHED OR PARTICIPATED IN BY  TWO  OR
    3  MORE EMPLOYERS, ONE OR MORE LABOR UNIONS, OR BY ONE OR MORE EMPLOYERS OR
    4  LABOR  UNIONS,  PROVIDED  THAT ALL SUCH EMPLOYERS OR LABOR UNIONS ARE IN
    5  THE  SAME  INDUSTRY), OR FIVE OF SUBSECTION (B) OF SECTION FOUR THOUSAND
    6  TWO HUNDRED SIXTEEN OF THIS CHAPTER;
    7    (II) SUBPARAGRAPH (A), (B), (C), OR (D)  (WITH  RESPECT  TO  A  POLICY
    8  ISSUED TO A TRUSTEE OR TRUSTEES OF A FUND ESTABLISHED OR PARTICIPATED IN
    9  BY  TWO  OR  MORE EMPLOYERS, ONE OR MORE LABOR UNIONS, OR BY ONE OR MORE
   10  EMPLOYERS OR LABOR UNIONS, PROVIDED THAT ALL  SUCH  EMPLOYERS  OR  LABOR
   11  UNIONS  ARE  IN THE SAME INDUSTRY) OF PARAGRAPH ONE OF SUBSECTION (C) OF
   12  SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF THIS CHAPTER; OR
   13    (III) PARAGRAPHS ONE, TWO, THREE OR FOUR OF SUBSECTION (B) OF  SECTION
   14  FOUR  THOUSAND TWO HUNDRED THIRTY-EIGHT OF THIS CHAPTER, BUT NOT INCLUD-
   15  ING A GROUP ANNUITY CONTRACT: (I) FUNDING INDIVIDUAL RETIREMENT ACCOUNTS
   16  OR INDIVIDUAL RETIREMENT ANNUITIES, AS DEFINED IN SECTION  FOUR  HUNDRED
   17  EIGHT OF THE INTERNAL REVENUE CODE; (II) FUNDING ANNUITIES IN ACCORDANCE
   18  WITH  SUBDIVISION  (B)  OF  SECTION  FOUR HUNDRED THREE OF SUCH CODE; OR
   19  (III) PROVIDING A PLAN OF RETIREMENT ANNUITIES UNDER WHICH THE  PAYMENTS
   20  ARE DERIVED WHOLLY FROM FUNDS CONTRIBUTED BY THE PERSONS COVERED.
   21    (B)  THE INSURER LAWFULLY ISSUED THE MASTER POLICY OR CONTRACT WITHOUT
   22  THIS STATE IN A JURISDICTION WHERE THE INSURER WAS AUTHORIZED TO  DO  AN
   23  INSURANCE BUSINESS;
   24    (C)  THE  INSURER'S  WEBSITE  CLEARLY  STATES  THAT THE INSURER IS NOT
   25  AUTHORIZED TO TRANSACT THE BUSINESS OF INSURANCE IN THIS STATE; AND
   26    (D) THE INSURER DOES NOT HAVE ANY OTHER CONTACT  OR  INTERACTION  WITH
   27  THE  MEMBER  OTHER THAN AS SPECIFIED AND IN THE MANNER PROVIDED IN PARA-
   28  GRAPH TWO OF THIS SUBSECTION.
   29    S 3. This act shall take effect immediately.