§ 58-58-135. "Group life insurance" defined.
§ 58‑58‑135. "Group life insurance" defined.
No policy of group lifeinsurance shall be delivered in this State unless it conforms to one of thefollowing descriptions:
(1) A policy issued toan employer, or to the trustee of a fund established by an employer, whichemployer or trustee shall be deemed the policyholder, to insure employees ofthe employer for the benefit of persons other than the employer subject to thefollowing requirements:
a. The employeeseligible for insurance under the policy shall be all of the employees of theemployer, or all of any class or classes thereof determined by conditionspertaining to their employment. The policy may provide that the term"employees" shall include the employees of one or more subsidiarycorporations, and the employees, individual proprietors, and partners of one ormore affiliated corporations, proprietors or partnerships if the business ofthe employer and of such affiliated corporations, proprietors or partnershipsis under common control through stock ownership, contract, or otherwise. Thepolicy may provide that the term "employees" shall include theindividual proprietor or partners if the employer is an individual proprietoror a partnership. The policy may provide that the term "employees"shall include retired employees. The term "employer" as used hereinmay be deemed to include any county, municipality, or the proper officers, assuch, of any unincorporated municipality or any department, division, agency,instrumentality or subdivision of a county, unincorporated municipality ormunicipality. In all cases where counties, municipalities or unincorporatedmunicipalities or any officer, agent, division, subdivision or agency of thesame have heretofore entered into contracts and purchased group life insurancefor their employees, such transactions, contracts and insurance and thepurchase of the same is hereby approved, authorized and validated.
b. The premium for thepolicy shall be paid either wholly or partly from the employer's funds or fundscontributed by him, or wholly or partly from funds contributed by the insuredemployees, or by both. A policy on which all or part of the premium is to bederived from funds contributed by the insured employees may be placed in forceprovided the group is structured on an actuarially sound basis. A policy onwhich no part of the premium is to be derived from funds contributed by theinsured employees must insure all eligible employees, or all except any as towhom evidence of individual insurability is not satisfactory to the insurer.
c. Repealed by SessionLaws 2007‑298, s. 7.6, effective October 1, 2007.
d. Repealed by SessionLaws 1991 (Regular Session, 1992), c. 837, s. 6.
(2) A policy issued to acreditor, who shall be deemed the policyholder, to insure debtors of thecreditor, subject to the following requirements:
a. The debtors eligiblefor insurance under the policy shall be all of the debtors of the creditorwhose indebtedness is repayable in installments, or all of any class or classesthereof determined by conditions pertaining to the indebtedness or to thepurchase giving rise to the indebtedness. The policy may provide that the term"debtors" shall include the debtors of one or more subsidiarycorporations, and the debtors of one or more affiliated corporations,proprietors or partnerships if the business of the policyholder and of suchaffiliated corporations, proprietors or partnerships is under common controlthrough stock ownership, contract or otherwise.
b. The premium for thepolicy shall be paid from the creditor's funds, from charges collected from theinsured debtors, or from both. A policy on which part or all of the premium isto be derived from the collection from the insured debtors or identifiablecharges not required of uninsured debtors shall not include, in the class orclasses of debtors eligible for insurance, debtors under obligationsoutstanding at its date of issue without evidence of individual insurabilityunless the group is structured on an actuarially sound basis. A policy on whichno part of the premium is to be derived from the collection of suchidentifiable charges must insure all eligible debtors, or all except any as towhom evidence of individual insurability is not satisfactory to the insurer.
c. The policy may beissued only if the group of eligible debtors is then receiving new entrants atthe rate of at least 100 persons yearly, or may reasonably be expected toreceive at least 100 new entrants during the first policy year, and only if thepolicy reserves to the insurer the right to require evidence of individualinsurability if less than seventy‑five percent (75%) of the new entrantsbecome insured.
d, e. Repealed bySession Laws 1975, c. 660, s. 4.
(3) A policy issued to alabor union, which shall be deemed the policyholder, to insure members of suchunion 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 eligiblefor insurance under the policy shall be all of the members of the union, or allof any class or classes thereof determined by conditions pertaining to theiremployment, or to membership in the union, or both.
b. The premium for thepolicy shall be paid either wholly or partly from the union's funds, or whollyor partly from funds contributed by the insured members specifically for theirinsurance, or by both. A policy on which all or part of the premium is to bederived from funds contributed by the insured members specifically for theirinsurance may be placed in force provided the group is structured on anactuarially sound basis. A policy on which no part of the premium is to bederived from funds contributed by the insured members specifically for theirinsurance must insure all eligible members, or all except any as to whomevidence of individual insurability is not satisfactory to the insurer.
c. The policy mustcover at least 25 members at date of issue.
d. Repealed by SessionLaws 1991 (Regular Session, 1992), c. 837, s. 6.
(4) A policy issued tothe trustee of a fund established by two or more employers in the same industryor kind of business or by two or more labor unions, which trustee shall bedeemed the policyholder, to insure employees of the employers or members of theunions for the benefit of persons other than the employers or the unions,subject to the following requirements:
a. The persons eligiblefor insurance shall be all of the employees of the employers or all of themembers of the unions, or all of any class or classes thereof determined byconditions pertaining to their employment, or to memberships in the unions, orto both. The policy may provide that the term "employees" shallinclude the individual proprietor or partners if an employer is an individualproprietor or a partnership. The policy may provide that the term"employees" shall include the trustee or the employees of thetrustee, or both, if their duties are principally connected with suchtrusteeship. The policy may provide that the term "employees" shallinclude retired employees.
b. The premium for thepolicy shall be paid wholly or partly from funds contributed by theparticipating employer, labor union, or the insured persons.
Ifnone of the premium paid by the participating employer or labor union is to bederived from funds contributed by the insured persons specifically for theinsurance, all eligible employees of that particular participating employer orlabor union must be insured, or all except any as to whom evidence ofinsurability is not satisfactory to the insurer.
Ifpart of the premium paid by the participating employer or labor union is to bederived from funds contributed by the insured persons specifically for theirinsurance, coverage may be placed in force on employees of a participatingemployer or on members of a participating labor union provided the group isstructured on an actuarially sound basis.
c. The policy mustcover at least 100 persons at date of issue.
d. Repealed by SessionLaws 1991 (Regular Session, 1992), c. 837, s. 6.
(5) A policy issued toan association of persons having a common professional or business interest,which association shall be deemed the policyholder, to insure members of suchassociation for the benefit of persons other than the association or any of itsofficials, representatives or agents, subject to the following requirements:
a. Such associationshall have had an active existence for at least two years immediately precedingthe purchase of such insurance, was formed for purposes other than procuringinsurance and does not derive its funds principally from contributions ofinsured members toward the payment of premiums for the insurance.
b. The members eligiblefor insurance under the policy shall be all of the members of the associationor all of any class or classes thereof determined by conditions pertaining totheir employment, or the membership in the association, or both. The policy mayprovide that the term "members" shall include the employees ofmembers, if their duties are principally connected with the member's businessor profession.
c. The premium for thepolicy shall be paid either wholly or partly from the association's funds, orwholly or partly from funds contributed by the insured members specifically fortheir insurance, or by both. No policy may be issued if the Commissioner findsthat the rate of insured members' contributions will exceed the maximum ratecustomarily charged employees insured under like group life insurance policiesissued in accordance with the provisions of subdivision (1). A policy on whichall or part of the premium is to be derived from funds contributed by theinsured members specifically for their insurance may be placed in forceprovided the group is structured on an actuarially sound basis. A policy onwhich no part of the premium is to be derived from funds contributed by theinsured members specifically for their insurance must insure all eligiblemembers, or all except any as to whom evidence of individual insurability isnot satisfactory to the insurer.
d. The policy mustcover at least 25 members at date of issue.
e. Repealed by SessionLaws 1991 (Regular Session, 1992), c. 837, s. 6.
(6) Notwithstanding theprovisions of this section, or any other provisions of law to the contrary, apolicy may be issued to the employees of the State or any other politicalsubdivision where the entire amount of premium therefor is paid by suchemployees. (1925,c. 58, s. 1; 1931, c. 328; 1943, c. 597, s. 1; 1947, c. 834; 1951, c. 800;1955, c. 1280; 1957, c. 998; 1959, c. 287; 1965, c. 869; 1971, c. 516; 1973, c.249; 1975, c. 660, s. 4; 1977, c. 192, ss. 1‑4; c. 835; 1987, c. 752, ss.14‑18; 1991 (Reg. Sess., 1992), c. 837, s. 6; 2007‑298, s. 7.6;2007‑484, s. 43.5.)