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92nd General Assembly

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Public Act 92-0065

SB463 Enrolled                                 LRB9205486JSpc

    AN ACT concerning insurance.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Insurance  Code is amended by
changing Section 205 as follows:

    (215 ILCS 5/205) (from Ch. 73, par. 817)
    Sec. 205.  Priority of distribution of general assets.
    (1)  The priorities of  distribution  of  general  assets
from the company's estate is to be as follows:
         (a)  The   costs  and  expenses  of  administration,
    including the expenses of the Illinois Insurance Guaranty
    Fund, the Illinois Life  and  Health  Insurance  Guaranty
    Association, the Illinois Health Maintenance Organization
    Guaranty  Association  and of any similar organization in
    any other  state  as  prescribed  in  subsection  (c)  of
    Section 545.
         (b)  Secured  claims, including claims for taxes and
    debts due the federal or any state or  local  government,
    that  are  secured by liens perfected prior to the filing
    of the complaint.
         (c)  Claims for wages actually  owing  to  employees
    for  services  rendered within 3 months prior to the date
    of the filing of the complaint, not exceeding  $1,000  to
    each  employee  unless  there  are claims due the federal
    government under paragraph (f), then the claims for wages
    shall  have  a  priority  of   distribution   immediately
    following  that of federal claims under paragraph (f) and
    immediately preceding claims of general  creditors  under
    paragraph (g).
         (d)  Claims    by    policyholders,   beneficiaries,
    insureds and liability claims  against  insureds  covered
    under  insurance  policies and insurance contracts issued
    by the company, and  claims  of  the  Illinois  Insurance
    Guaranty  Fund,  the  Illinois  Life and Health Insurance
    Guaranty Association,  the  Illinois  Health  Maintenance
    Organization   Guaranty   Association   and  any  similar
    organization in another state as  prescribed  in  Section
    545.
         (e)  Claims  by  policyholders,  beneficiaries,  and
    insureds,  the allowed values of which were determined by
    estimation under  paragraph  (b)  of  subsection  (4)  of
    Section 209.
         (f)  Any other claims due the federal government.
         (g)  All  other  claims  of  general  creditors  not
    falling  within  any  other  priority  under this Section
    including claims for taxes and debts  due  any  state  or
    local  government which are not secured claims and claims
    for attorneys' fees incurred by the company in contesting
    its conservation, rehabilitation, or liquidation.
         (h)  Claims of guaranty  fund  certificate  holders,
    guaranty  capital shareholders, capital note holders, and
    surplus note holders.
         (i)  Proprietary claims of shareholders, members, or
    other owners.
    Every claim under a written agreement, statute,  or  rule
providing  that  the  assets  in  a  separate account are not
chargeable with the liabilities  arising  out  of  any  other
business  of the insurer shall be satisfied out of the funded
assets in the separate account equal to, but not  to  exceed,
the  reserves  maintained  in  the separate account under the
separate account agreement, and to the extent,  if  any,  the
claim  is  not fully discharged thereby, the remainder of the
claim shall be treated as a priority level  (d)  claim  under
paragraph  (d) of this subsection to the extent that reserves
have  been  established  in  the  insurer's  general  account
pursuant to statute, rule, or the separate account agreement.
    For  purposes  of  this  provision,   "separate   account
policies,  contracts,  or  agreements"  means  any  policies,
contracts,  or  agreements that provide for separate accounts
as contemplated by Section 245.21.
    To the extent that any assets of an insurer,  other  than
those  assets  properly  allocated  to  and  maintained  in a
separate account, have been used to fund or pay any expenses,
taxes, or policyholder benefits that are  attributable  to  a
separate  account  policy, contract, or agreement that should
have  been  paid  by  a  separate  account   prior   to   the
commencement  of  receivership  proceedings,  then  upon  the
commencement   of   receivership  proceedings,  the  separate
accounts that benefited from this payment  or  funding  shall
first  be  used  to  repay or reimburse the company's general
assets or account for any unreimbursed net sums  due  at  the
commencement   of   receivership  proceedings  prior  to  the
application  of  the   separate   account   assets   to   the
satisfaction  of  liabilities  or  the corresponding separate
account policies, contracts, and agreements.
    To the extent, if any, reserves or assets  maintained  in
the  separate  account are in excess of the amounts needed to
satisfy claims under  the  separate  account  contracts,  the
excess  shall be treated as part of the general assets of the
insurer's estate.
    (2)  Within 120 days after the issuance of  an  Order  of
Liquidation  with  a finding of insolvency against a domestic
company, the Director shall make  application  to  the  court
requesting  authority  to  disburse  funds  to  the  Illinois
Insurance   Guaranty  Fund,  the  Illinois  Life  and  Health
Insurance   Guaranty   Association,   the   Illinois   Health
Maintenance Organization  Guaranty  Association  and  similar
organizations  in  other  states from time to time out of the
company's marshaled  assets  as  funds  become  available  in
amounts equal to disbursements made by the Illinois Insurance
Guaranty   Fund,  the  Illinois  Life  and  Health  Insurance
Guaranty  Association,  the   Illinois   Health   Maintenance
Organization  Guaranty  Association and similar organizations
in  other  states  for  covered  claims  obligations  on  the
presentation of evidence that such  disbursements  have  been
made  by  the  Illinois Insurance Guaranty Fund, the Illinois
Life and Health Insurance Guaranty Association, the  Illinois
Health  Maintenance  Organization  Guaranty  Association  and
similar organizations in other states.
    The  Director  shall establish procedures for the ratable
allocation and distribution of disbursements to the  Illinois
Insurance   Guaranty  Fund,  the  Illinois  Life  and  Health
Insurance   Guaranty   Association,   the   Illinois   Health
Maintenance Organization  Guaranty  Association  and  similar
organizations  in  other  states.  In determining the amounts
available  for  disbursement,  the  Director  shall   reserve
sufficient   assets  for  the  payment  of  the  expenses  of
administration  described  in  paragraph  (1)  (a)  of   this
Section.   All  funds  available  for  disbursement after the
establishment of the prescribed  reserve  shall  be  promptly
distributed.    As   a  condition  to  receipt  of  funds  in
reimbursement of covered  claims  obligations,  the  Director
shall  secure  from the Illinois Insurance Guaranty Fund, the
Illinois Life and Health Insurance Guaranty Association,  the
Illinois Health Maintenance Organization Guaranty Association
and  each  similar organization in other states, an agreement
to return to the Director on demand funds previously received
as may be required to pay claims  of  secured  creditors  and
claims   falling   within   the   priorities  established  in
paragraphs (a), (b), (c), and (d) of subsection (1)  of  this
Section in accordance with such priorities.
    (3)  The  provisions  of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 89-206, eff. 7-21-95; 90-381, eff. 8-14-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly April 19, 2001.
    Approved July 12, 2001.
    Effective July 12, 2001.

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