Sen. Denny Jacobs

Filed: 3/18/2004

 

 


 

 


 
09300SB2404sam002 LRB093 20536 WGH 48560 a

1
AMENDMENT TO SENATE BILL 2404

2     AMENDMENT NO. ______. Amend Senate Bill 2404, AS AMENDED,
3 by replacing the introductory clause of Section 5 with the
4 following:
 
5     "Section 5. The Illinois Insurance Code is amended by
6 changing Sections 143, 229.4, and 408 and adding Section 229.4a
7 as follows:
 
8     (215 ILCS 5/143)  (from Ch. 73, par. 755)
9     Sec. 143. Policy forms.
10     (1) Life, accident and health. No company transacting the
11 kind or kinds of business enumerated in Classes 1 (a), 1 (b)
12 and 2 (a) of Section 4 shall issue or deliver in this State a
13 policy or certificate of insurance or evidence of coverage,
14 attach an endorsement or rider thereto, incorporate by
15 reference bylaws or other matter therein or use an application
16 blank in this State until the form and content of such policy,
17 certificate, evidence of coverage, endorsement, rider, bylaw
18 or other matter incorporated by reference or application blank
19 has been filed electronically with the Director, either through
20 the System for Electronic Rate and Form Filing (SERFF) or as
21 otherwise prescribed by the Director, and approved by the
22 Director. The Department shall mail a quarterly invoice to the
23 company for the appropriate filing fees required under Section
24 408. and the appropriate filing fee under Section 408 has been

 

 

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1 paid, except that Any such endorsement or rider that
2 unilaterally reduces benefits and is to be attached to a policy
3 subsequent to the date the policy is issued must be filed with,
4 reviewed, and formally approved by the Director prior to the
5 date it is attached to a policy issued or delivered in this
6 State. It shall be the duty of the Director to withhold
7 approval of any such policy, certificate, endorsement, rider,
8 bylaw or other matter incorporated by reference or application
9 blank filed with him if it contains provisions which encourage
10 misrepresentation or are unjust, unfair, inequitable,
11 ambiguous, misleading, inconsistent, deceptive, contrary to
12 law or to the public policy of this State, or contains
13 exceptions and conditions that unreasonably or deceptively
14 affect the risk purported to be assumed in the general coverage
15 of the policy. In all cases the Director shall approve or
16 disapprove any such form within 60 days after submission unless
17 the Director extends by not more than an additional 30 days the
18 period within which he shall approve or disapprove any such
19 form by giving written notice to the insurer of such extension
20 before expiration of the initial 60 days period. The Director
21 shall withdraw his approval of a policy, certificate, evidence
22 of coverage, endorsement, rider, bylaw, or other matter
23 incorporated by reference or application blank if he
24 subsequently determines that such policy, certificate,
25 evidence of coverage, endorsement, rider, bylaw, other matter,
26 or application blank is misrepresentative, unjust, unfair,
27 inequitable, ambiguous, misleading, inconsistent, deceptive,
28 contrary to law or public policy of this State, or contains
29 exceptions or conditions which unreasonably or deceptively
30 affect the risk purported to be assumed in the general coverage
31 of the policy or evidence of coverage.
32     If a previously approved policy, certificate, evidence of
33 coverage, endorsement, rider, bylaw or other matter
34 incorporated by reference or application blank is withdrawn for

 

 

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1 use, the Director shall serve upon the company an order of
2 withdrawal of use, either personally or by mail, and if by
3 mail, such service shall be completed if such notice be
4 deposited in the post office, postage prepaid, addressed to the
5 company's last known address specified in the records of the
6 Department of Insurance. The order of withdrawal of use shall
7 take effect 30 days from the date of mailing but shall be
8 stayed if within the 30-day period a written request for
9 hearing is filed with the Director. Such hearing shall be held
10 at such time and place as designated in the order given by the
11 Director. The hearing may be held either in the City of
12 Springfield, the City of Chicago or in the county where the
13 principal business address of the company is located. The
14 action of the Director in disapproving or withdrawing such form
15 shall be subject to judicial review under the Administrative
16 Review Law.
17     All examinations, investigations, and hearings provided
18 for by this Code may be conducted either by the Director
19 personally or by one or more of the actuaries, technical
20 advisors, deputies, supervisors, or examiners employed or
21 retained by the Department and designated by the Director for
22 that purpose. When necessary to supplement its examination
23 procedures, the Department may retain independent actuaries
24 deemed competent by the Director, independent certified public
25 accountants, or qualified examiners of insurance companies
26 deemed competent by the Director, or any combination of the
27 foregoing, the cost of which shall be borne by the company or
28 person being examined.
29     This subsection shall not apply to riders or endorsements
30 issued or made at the request of the individual policyholder
31 relating to the manner of distribution of benefits or to the
32 reservation of rights and benefits under his life insurance
33 policy.
34     (2) Casualty, fire, and marine. The Director shall require

 

 

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1 the filing of all policy forms issued or delivered by any
2 company transacting the kind or kinds of business enumerated in
3 Classes 2 (except Class 2 (a)) and 3 of Section 4. In addition,
4 he may require the filing of any generally used riders,
5 endorsements, certificates, application blanks, and other
6 matter incorporated by reference in any such policy or contract
7 of insurance. The Department shall mail a quarterly invoice to
8 the company for the appropriate filing fees required under
9 Section 408 along with the appropriate filing fee under Section
10 408. Companies that are members of an organization, bureau, or
11 association may have the same filed for them by the
12 organization, bureau, or association. If the Director shall
13 find from an examination of any such policy form, rider,
14 endorsement, certificate, application blank, or other matter
15 incorporated by reference in any such policy so filed that it
16 (i) violates any provision of this Code, (ii) contains
17 inconsistent, ambiguous, or misleading clauses, or (iii)
18 contains exceptions and conditions that will unreasonably or
19 deceptively affect the risks that are purported to be assumed
20 by the policy, he shall order the company or companies issuing
21 these forms to discontinue their use. Nothing in this
22 subsection shall require a company transacting the kind or
23 kinds of business enumerated in Classes 2 (except Class 2 (a))
24 and 3 of Section 4 to obtain approval of these forms before
25 they are issued nor in any way affect the legality of any
26 policy that has been issued and found to be in conflict with
27 this subsection, but such policies shall be subject to the
28 provisions of Section 442.
29     (3) This Section shall not apply (i) to surety contracts or
30 fidelity bonds, (ii) to policies issued to an industrial
31 insured as defined in Section 121-2.08 except for workers'
32 compensation policies, nor (iii) to riders or endorsements
33 prepared to meet special, unusual, peculiar, or extraordinary
34 conditions applying to an individual risk.

 

 

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1 (Source: P.A. 90-794, eff. 8-14-98.)"; and
 
2 by replacing Section 99 with the following:
 
3     "(215 ILCS 5/408)  (from Ch. 73, par. 1020)
4     Sec. 408. Fees and charges.
5     (1) The Director shall charge, collect and give proper
6 acquittances for the payment of the following fees and charges:
7         (a) For filing all documents submitted for the
8 incorporation or organization or certification of a
9 domestic company, except for a fraternal benefit society,
10 $2,000.
11         (b) For filing all documents submitted for the
12 incorporation or organization of a fraternal benefit
13 society, $500.
14         (c) For filing amendments to articles of incorporation
15 and amendments to declaration of organization, except for a
16 fraternal benefit society, a mutual benefit association, a
17 burial society or a farm mutual, $200.
18         (d) For filing amendments to articles of incorporation
19 of a fraternal benefit society, a mutual benefit
20 association or a burial society, $100.
21         (e) For filing amendments to articles of incorporation
22 of a farm mutual, $50.
23         (f) For filing bylaws or amendments thereto, $50.
24         (g) For filing agreement of merger or consolidation:
25             (i) for a domestic company, except for a fraternal
26 benefit society, a mutual benefit association, a
27 burial society, or a farm mutual, $2,000.
28             (ii) for a foreign or alien company, except for a
29 fraternal benefit society, $600.
30             (iii) for a fraternal benefit society, a mutual
31 benefit association, a burial society, or a farm
32 mutual, $200.

 

 

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1         (h) For filing agreements of reinsurance by a domestic
2 company, $200.
3         (i) For filing all documents submitted by a foreign or
4 alien company to be admitted to transact business or
5 accredited as a reinsurer in this State, except for a
6 fraternal benefit society, $5,000.
7         (j) For filing all documents submitted by a foreign or
8 alien fraternal benefit society to be admitted to transact
9 business in this State, $500.
10         (k) For filing declaration of withdrawal of a foreign
11 or alien company, $50.
12         (l) For filing annual statement, except a fraternal
13 benefit society, a mutual benefit association, a burial
14 society, or a farm mutual, $200.
15         (m) For filing annual statement by a fraternal benefit
16 society, $100.
17         (n) For filing annual statement by a farm mutual, a
18 mutual benefit association, or a burial society, $50.
19         (o) For issuing a certificate of authority or renewal
20 thereof except to a fraternal benefit society, $200.
21         (p) For issuing a certificate of authority or renewal
22 thereof to a fraternal benefit society, $100.
23         (q) For issuing an amended certificate of authority,
24 $50.
25         (r) For each certified copy of certificate of
26 authority, $20.
27         (s) For each certificate of deposit, or valuation, or
28 compliance or surety certificate, $20.
29         (t) For copies of papers or records per page, $1.
30         (u) For each certification to copies of papers or
31 records, $10.
32         (v) For multiple copies of documents or certificates
33 listed in subparagraphs (r), (s), and (u) of paragraph (1)
34 of this Section, $10 for the first copy of a certificate of

 

 

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1 any type and $5 for each additional copy of the same
2 certificate requested at the same time, unless, pursuant to
3 paragraph (2) of this Section, the Director finds these
4 additional fees excessive.
5         (w) For issuing a permit to sell shares or increase
6 paid-up capital:
7             (i) in connection with a public stock offering,
8 $300;
9             (ii) in any other case, $100.
10         (x) For issuing any other certificate required or
11 permissible under the law, $50.
12         (y) For filing a plan of exchange of the stock of a
13 domestic stock insurance company, a plan of
14 demutualization of a domestic mutual company, or a plan of
15 reorganization under Article XII, $2,000.
16         (z) For filing a statement of acquisition of a domestic
17 company as defined in Section 131.4 of this Code, $2,000.
18         (aa) For filing an agreement to purchase the business
19 of an organization authorized under the Dental Service Plan
20 Act or the Voluntary Health Services Plans Act or of a
21 health maintenance organization or a limited health
22 service organization, $2,000.
23         (bb) For filing a statement of acquisition of a foreign
24 or alien insurance company as defined in Section 131.12a of
25 this Code, $1,000.
26         (cc) For filing a registration statement as required in
27 Sections 131.13 and 131.14, the notification as required by
28 Sections 131.16, 131.20a, or 141.4, or an agreement or
29 transaction required by Sections 124.2(2), 141, 141a, or
30 141.1, $200.
31         (dd) For filing an application for licensing of:
32             (i) a religious or charitable risk pooling trust or
33 a workers' compensation pool, $1,000;
34             (ii) a workers' compensation service company,

 

 

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1 $500;
2             (iii) a self-insured automobile fleet, $200; or
3             (iv) a renewal of or amendment of any license
4 issued pursuant to (i), (ii), or (iii) above, $100.
5         (ee) For filing articles of incorporation for a
6 syndicate to engage in the business of insurance through
7 the Illinois Insurance Exchange, $2,000.
8         (ff) For filing amended articles of incorporation for a
9 syndicate engaged in the business of insurance through the
10 Illinois Insurance Exchange, $100.
11         (gg) For filing articles of incorporation for a limited
12 syndicate to join with other subscribers or limited
13 syndicates to do business through the Illinois Insurance
14 Exchange, $1,000.
15         (hh) For filing amended articles of incorporation for a
16 limited syndicate to do business through the Illinois
17 Insurance Exchange, $100.
18         (ii) For a permit to solicit subscriptions to a
19 syndicate or limited syndicate, $100.
20         (jj) For the filing of each form as required in Section
21 143 of this Code, $50 per form. The fee for advisory and
22 rating organizations shall be $200 per form.
23             (i) For the purposes of the form filing fee,
24 filings made on insert page basis will be considered
25 one form at the time of its original submission.
26 Changes made to a form subsequent to its approval shall
27 be considered a new filing.
28             (ii) Only one fee shall be charged for a form,
29 regardless of the number of other forms or policies
30 with which it will be used.
31             (iii) (Blank). Fees charged for a policy filed as
32 it will be issued regardless of the number of forms
33 comprising that policy shall not exceed $1,000 or
34 $2,000 for advisory or rating organizations.

 

 

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1             (iv) The Director may by rule exempt forms from
2 such fees.
3         (kk) For filing an application for licensing of a
4 reinsurance intermediary, $500.
5         (ll) For filing an application for renewal of a license
6 of a reinsurance intermediary, $200.
7     (2) When printed copies or numerous copies of the same
8 paper or records are furnished or certified, the Director may
9 reduce such fees for copies if he finds them excessive. He may,
10 when he considers it in the public interest, furnish without
11 charge to state insurance departments and persons other than
12 companies, copies or certified copies of reports of
13 examinations and of other papers and records.
14     (3) The expenses incurred in any performance examination
15 authorized by law shall be paid by the company or person being
16 examined. The charge shall be reasonably related to the cost of
17 the examination including but not limited to compensation of
18 examiners, electronic data processing costs, supervision and
19 preparation of an examination report and lodging and travel
20 expenses. All lodging and travel expenses shall be in accord
21 with the applicable travel regulations as published by the
22 Department of Central Management Services and approved by the
23 Governor's Travel Control Board, except that out-of-state
24 lodging and travel expenses related to examinations authorized
25 under Section 132 shall be in accordance with travel rates
26 prescribed under paragraph 301-7.2 of the Federal Travel
27 Regulations, 41 C.F.R. 301-7.2, for reimbursement of
28 subsistence expenses incurred during official travel. All
29 lodging and travel expenses may be reimbursed directly upon
30 authorization of the Director. With the exception of the direct
31 reimbursements authorized by the Director, all performance
32 examination charges collected by the Department shall be paid
33 to the Insurance Producers Administration Fund, however, the
34 electronic data processing costs incurred by the Department in

 

 

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1 the performance of any examination shall be billed directly to
2 the company being examined for payment to the Statistical
3 Services Revolving Fund.
4     (4) At the time of any service of process on the Director
5 as attorney for such service, the Director shall charge and
6 collect the sum of $20, which may be recovered as taxable costs
7 by the party to the suit or action causing such service to be
8 made if he prevails in such suit or action.
9     (5) (a) The costs incurred by the Department of Insurance
10 in conducting any hearing authorized by law shall be assessed
11 against the parties to the hearing in such proportion as the
12 Director of Insurance may determine upon consideration of all
13 relevant circumstances including: (1) the nature of the
14 hearing; (2) whether the hearing was instigated by, or for the
15 benefit of a particular party or parties; (3) whether there is
16 a successful party on the merits of the proceeding; and (4) the
17 relative levels of participation by the parties.
18     (b) For purposes of this subsection (5) costs incurred
19 shall mean the hearing officer fees, court reporter fees, and
20 travel expenses of Department of Insurance officers and
21 employees; provided however, that costs incurred shall not
22 include hearing officer fees or court reporter fees unless the
23 Department has retained the services of independent
24 contractors or outside experts to perform such functions.
25     (c) The Director shall make the assessment of costs
26 incurred as part of the final order or decision arising out of
27 the proceeding; provided, however, that such order or decision
28 shall include findings and conclusions in support of the
29 assessment of costs. This subsection (5) shall not be construed
30 as permitting the payment of travel expenses unless calculated
31 in accordance with the applicable travel regulations of the
32 Department of Central Management Services, as approved by the
33 Governor's Travel Control Board. The Director as part of such
34 order or decision shall require all assessments for hearing

 

 

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1 officer fees and court reporter fees, if any, to be paid
2 directly to the hearing officer or court reporter by the
3 party(s) assessed for such costs. The assessments for travel
4 expenses of Department officers and employees shall be
5 reimbursable to the Director of Insurance for deposit to the
6 fund out of which those expenses had been paid.
7     (d) The provisions of this subsection (5) shall apply in
8 the case of any hearing conducted by the Director of Insurance
9 not otherwise specifically provided for by law.
10     (6) The Director shall charge and collect an annual
11 financial regulation fee from every domestic company for
12 examination and analysis of its financial condition and to fund
13 the internal costs and expenses of the Interstate Insurance
14 Receivership Commission as may be allocated to the State of
15 Illinois and companies doing an insurance business in this
16 State pursuant to Article X of the Interstate Insurance
17 Receivership Compact. The fee shall be the greater fixed amount
18 based upon the combination of nationwide direct premium income
19 and nationwide reinsurance assumed premium income or upon
20 admitted assets calculated under this subsection as follows:
21         (a) Combination of nationwide direct premium income
22 and nationwide reinsurance assumed premium.
23             (i) $150, if the premium is less than $500,000 and
24 there is no reinsurance assumed premium;
25             (ii) $750, if the premium is $500,000 or more, but
26 less than $5,000,000 and there is no reinsurance
27 assumed premium; or if the premium is less than
28 $5,000,000 and the reinsurance assumed premium is less
29 than $10,000,000;
30             (iii) $3,750, if the premium is less than
31 $5,000,000 and the reinsurance assumed premium is
32 $10,000,000 or more;
33             (iv) $7,500, if the premium is $5,000,000 or more,
34 but less than $10,000,000;

 

 

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1             (v) $18,000, if the premium is $10,000,000 or more,
2 but less than $25,000,000;
3             (vi) $22,500, if the premium is $25,000,000 or
4 more, but less than $50,000,000;
5             (vii) $30,000, if the premium is $50,000,000 or
6 more, but less than $100,000,000;
7             (viii) $37,500, if the premium is $100,000,000 or
8 more.
9         (b) Admitted assets.
10             (i) $150, if admitted assets are less than
11 $1,000,000;
12             (ii) $750, if admitted assets are $1,000,000 or
13 more, but less than $5,000,000;
14             (iii) $3,750, if admitted assets are $5,000,000 or
15 more, but less than $25,000,000;
16             (iv) $7,500, if admitted assets are $25,000,000 or
17 more, but less than $50,000,000;
18             (v) $18,000, if admitted assets are $50,000,000 or
19 more, but less than $100,000,000;
20             (vi) $22,500, if admitted assets are $100,000,000
21 or more, but less than $500,000,000;
22             (vii) $30,000, if admitted assets are $500,000,000
23 or more, but less than $1,000,000,000;
24             (viii) $37,500, if admitted assets are
25 $1,000,000,000 or more.
26         (c) The sum of financial regulation fees charged to the
27 domestic companies of the same affiliated group shall not
28 exceed $250,000 in the aggregate in any single year and
29 shall be billed by the Director to the member company
30 designated by the group.
31     (7) The Director shall charge and collect an annual
32 financial regulation fee from every foreign or alien company,
33 except fraternal benefit societies, for the examination and
34 analysis of its financial condition and to fund the internal

 

 

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1 costs and expenses of the Interstate Insurance Receivership
2 Commission as may be allocated to the State of Illinois and
3 companies doing an insurance business in this State pursuant to
4 Article X of the Interstate Insurance Receivership Compact. The
5 fee shall be a fixed amount based upon Illinois direct premium
6 income and nationwide reinsurance assumed premium income in
7 accordance with the following schedule:
8         (a) $150, if the premium is less than $500,000 and
9 there is no reinsurance assumed premium;
10         (b) $750, if the premium is $500,000 or more, but less
11 than $5,000,000 and there is no reinsurance assumed
12 premium; or if the premium is less than $5,000,000 and the
13 reinsurance assumed premium is less than $10,000,000;
14         (c) $3,750, if the premium is less than $5,000,000 and
15 the reinsurance assumed premium is $10,000,000 or more;
16         (d) $7,500, if the premium is $5,000,000 or more, but
17 less than $10,000,000;
18         (e) $18,000, if the premium is $10,000,000 or more, but
19 less than $25,000,000;
20         (f) $22,500, if the premium is $25,000,000 or more, but
21 less than $50,000,000;
22         (g) $30,000, if the premium is $50,000,000 or more, but
23 less than $100,000,000;
24         (h) $37,500, if the premium is $100,000,000 or more.
25     The sum of financial regulation fees under this subsection
26 (7) charged to the foreign or alien companies within the same
27 affiliated group shall not exceed $250,000 in the aggregate in
28 any single year and shall be billed by the Director to the
29 member company designated by the group.
30     (8) Beginning January 1, 1992, the financial regulation
31 fees imposed under subsections (6) and (7) of this Section
32 shall be paid by each company or domestic affiliated group
33 annually. After January 1, 1994, the fee shall be billed by
34 Department invoice based upon the company's premium income or

 

 

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1 admitted assets as shown in its annual statement for the
2 preceding calendar year. The invoice is due upon receipt and
3 must be paid no later than June 30 of each calendar year. All
4 financial regulation fees collected by the Department shall be
5 paid to the Insurance Financial Regulation Fund. The Department
6 may not collect financial examiner per diem charges from
7 companies subject to subsections (6) and (7) of this Section
8 undergoing financial examination after June 30, 1992.
9     (9) In addition to the financial regulation fee required by
10 this Section, a company undergoing any financial examination
11 authorized by law shall pay the following costs and expenses
12 incurred by the Department: electronic data processing costs,
13 the expenses authorized under Section 131.21 and subsection (d)
14 of Section 132.4 of this Code, and lodging and travel expenses.
15     Electronic data processing costs incurred by the
16 Department in the performance of any examination shall be
17 billed directly to the company undergoing examination for
18 payment to the Statistical Services Revolving Fund. Except for
19 direct reimbursements authorized by the Director or direct
20 payments made under Section 131.21 or subsection (d) of Section
21 132.4 of this Code, all financial regulation fees and all
22 financial examination charges collected by the Department
23 shall be paid to the Insurance Financial Regulation Fund.
24     All lodging and travel expenses shall be in accordance with
25 applicable travel regulations published by the Department of
26 Central Management Services and approved by the Governor's
27 Travel Control Board, except that out-of-state lodging and
28 travel expenses related to examinations authorized under
29 Sections 132.1 through 132.7 shall be in accordance with travel
30 rates prescribed under paragraph 301-7.2 of the Federal Travel
31 Regulations, 41 C.F.R. 301-7.2, for reimbursement of
32 subsistence expenses incurred during official travel. All
33 lodging and travel expenses may be reimbursed directly upon the
34 authorization of the Director.

 

 

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1     In the case of an organization or person not subject to the
2 financial regulation fee, the expenses incurred in any
3 financial examination authorized by law shall be paid by the
4 organization or person being examined. The charge shall be
5 reasonably related to the cost of the examination including,
6 but not limited to, compensation of examiners and other costs
7 described in this subsection.
8     (10) Any company, person, or entity failing to make any
9 payment of $150 or more as required under this Section shall be
10 subject to the penalty and interest provisions provided for in
11 subsections (4) and (7) of Section 412.
12     (11) Unless otherwise specified, all of the fees collected
13 under this Section shall be paid into the Insurance Financial
14 Regulation Fund.
15     (12) For purposes of this Section:
16         (a) "Domestic company" means a company as defined in
17 Section 2 of this Code which is incorporated or organized
18 under the laws of this State, and in addition includes a
19 not-for-profit corporation authorized under the Dental
20 Service Plan Act or the Voluntary Health Services Plans
21 Act, a health maintenance organization, and a limited
22 health service organization.
23         (b) "Foreign company" means a company as defined in
24 Section 2 of this Code which is incorporated or organized
25 under the laws of any state of the United States other than
26 this State and in addition includes a health maintenance
27 organization and a limited health service organization
28 which is incorporated or organized under the laws of any
29 state of the United States other than this State.
30         (c) "Alien company" means a company as defined in
31 Section 2 of this Code which is incorporated or organized
32 under the laws of any country other than the United States.
33         (d) "Fraternal benefit society" means a corporation,
34 society, order, lodge or voluntary association as defined

 

 

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1 in Section 282.1 of this Code.
2         (e) "Mutual benefit association" means a company,
3 association or corporation authorized by the Director to do
4 business in this State under the provisions of Article
5 XVIII of this Code.
6         (f) "Burial society" means a person, firm,
7 corporation, society or association of individuals
8 authorized by the Director to do business in this State
9 under the provisions of Article XIX of this Code.
10         (g) "Farm mutual" means a district, county and township
11 mutual insurance company authorized by the Director to do
12 business in this State under the provisions of the Farm
13 Mutual Insurance Company Act of 1986.
14 (Source: P.A. 93-32, eff. 7-1-03.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law, except the provisions changing Section 229.4 of
17 and adding Section 229.4a to the Illinois Insurance Code take
18 effect on July 1, 2004.".