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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
INSURANCE (215 ILCS 5/) Illinois Insurance Code. 215 ILCS 5/239
(215 ILCS 5/239) (from Ch. 73, par. 851)
Sec. 239.
Misrepresentations-Penalty.
No agent, examining physician, or other person shall knowingly or
wilfully make any false or fraudulent statement or representation in, or
with reference, to any application for life insurance, or shall make any
such statement or representation for the purpose of obtaining any fees,
commission, money or benefit from or in any life company. Any person who
violates any of the provisions of this section shall be guilty of a Class A
misdemeanor.
(Source: P.A. 77-2699.)
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215 ILCS 5/240
(215 ILCS 5/240) (from Ch. 73, par. 852)
Sec. 240.
Premium
deposit reserve.
A life company may contract for or accept premium deposits, other than
premiums stated in the policy. The unused accumulation from such shall be
held and accounted for as a premium deposit reserve, and in such case the
policy or an endorsement thereon shall provide for the manner of
application of the premium deposit reserve to the payment of premiums in
default and for the disposition of such reserve if it is not sufficient to
pay the next premium. Such premium deposit reserve shall be available as an
addition to the loan and cash surrender values, shall be paid with other
benefits upon death or maturity of the policy, and shall be paid to the
insured whenever the cash surrender value with the premium deposit reserve
shall equal or exceed the original amount of insurance, but no part of the
premium deposit reserve may be paid to the insured during the continuance
of the policy except at such times or in such amounts as specified in the
policy or in endorsements thereon.
(Source: Laws 1937, p. 696.)
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215 ILCS 5/241
(215 ILCS 5/241) (from Ch. 73, par. 853)
Sec. 241.
Trust
settlements.
Any domestic life company shall have the power to hold the proceeds of
any policy issued by it under a trust or other agreement upon such terms
and restrictions as to revocation by the policyholder and control by
beneficiaries, and with such exemptions from the claims of creditors of
beneficiaries other than the policyholder as shall have been agreed to in
writing by such company and the policyholder. Upon maturity of a policy in
the event the policyholder has made no such agreement, the company shall
have power to hold the proceeds of the policy under an agreement with the
beneficiaries. Such company shall not be required to segregate funds so
held but may hold them as part of its general company assets. A foreign or
alien company, when authorized by its charter or the laws of its domicile,
may exercise any such powers in this State.
(Source: Laws 1937, p. 696.)
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215 ILCS 5/242
(215 ILCS 5/242) (from Ch. 73, par. 854)
Sec. 242.
Rights of
minors.
Any minor of the age of fifteen years or more may, notwithstanding such
minority, contract for life, health and accident insurance on his own life
for his own benefit or for the benefit of his father, mother, husband,
wife, child, brother or sister, and may exercise all such contractual
rights and powers with respect to any such contract of insurance as might
be exercised by a person of full legal age, and may exercise with like
effect all rights and privileges under such contract, including the
surrender of his interest therein and the giving of a valid discharge for
any benefit accruing or money payable thereunder. Such minor shall not, by
reason of his minority, be entitled to rescind, avoid, or repudiate such
contract, or any exercise of a right or privilege thereunder.
(Source: Laws 1937, p. 696.)
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215 ILCS 5/243
(215 ILCS 5/243) (from Ch. 73, par. 855)
Sec. 243.
Contingency reserves.
(1) Any domestic life company may accumulate and maintain in addition to
an amount equal to the net value of its participating policies computed
according to the standard adopted by it under section 223, a contingency
reserve not exceeding the following respective percentages of said net
values, to-wit:
(a) When said net values are less than one hundred thousand dollars,
twenty per centum thereof or the sum of ten thousand dollars, whichever is
the greater.
(b) When said net values are greater than one hundred thousand dollars
the percentage thereof measuring the contingency reserve shall decrease
one-half of one per centum for each one hundred thousand dollars of said
net values up to one million dollars; one-half of one per centum for each
additional one million dollars up to ten million dollars; one-half of one
per centum for each additional two million, five hundred thousand dollars
up to fifteen million dollars; and, if said net values equal or exceed the
last mentioned amount, the contingency reserve shall not exceed ten per
centum thereof.
(2) As the net values of said policies increase and the maximum
percentage measuring the contingency reserve decreases the company may
maintain any contingency reserve accumulated under this section, although
it may exceed the maximum percentage herein prescribed, but may not add to
the contingency reserve when the addition will bring it beyond the maximum
percentage.
(3) Nothing herein contained shall be construed to affect any existing
surplus or contingency reserves held by any such company except that
whenever the existing surplus and contingency reserves, exclusive of said
net values and of all accumulations held on account of existing deferred
dividend policies or groups of such policies, shall exceed the limit above
mentioned it shall not be entitled to maintain any additional contingency
reserve. However, for cause shown the Director may at any time and from
time to time permit any company to accumulate and maintain a contingency
reserve in excess of the limit above mentioned for a prescribed period not
exceeding one year under any one permission, by filing in his office a
decision stating his reasons therefor and causing the same to be published
in his next annual report.
(4) This section shall not be construed as preventing the accumulation
from the non-participating business of a contingency reserve for the
benefit of non-participating policies.
(Source: Laws 1937, p. 696.)
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215 ILCS 5/244
(215 ILCS 5/244) (from Ch. 73, par. 856)
Sec. 244.
Limitation
of expenses for life companies.
(1) No life company authorized to do business in this State shall make
or incur acquisition expenses in any calendar year after the calendar year
during which this Code becomes effective amounting to more than the first
year's gross premiums nor shall such company make or incur renewal expenses
on policies issued after such year in any of the nine succeeding renewal
years following each year's new business in excess of 10% of the gross
renewal premiums, unless the company collects renewal premiums in person in
which case such renewal expense applicable to such policies for as long as
such premiums are collected in person shall not exceed 20%, except that
renewal expenses in excess of such 10% limitation relative to the 9
succeeding renewal years may be made or incurred if such excess in any year
be included with acquisition expenses made or incurred during that calendar
year. After the tenth policy year the annual maximum renewal expenses shall
not exceed 3% of such gross annual renewal premiums, unless the company
collects renewal premiums in person in which case such renewal expense
applicable to such policies for as long as such premiums are collected in
person shall not exceed 13%, but a company may pay renewal expenses after
the tenth policy year in excess of 3% if such excess is charged to the
renewal expense of that calendar year within the limitation provided
herein.
(2) In computing such acquisition expenses there shall be included all
commissions and other valuable considerations paid or payable to or for
agents, and other expenses made or incurred in acquiring new business,
except medical examination and inspection fees and the normal overhead
expenses of operation at the home office. In computing such renewal
expenses there shall be included commissions and other valuable
considerations paid or payable to or for agents, and all other expenses
made or incurred for the collection of such renewal premiums, except the
normal overhead expenses of operation at the home office.
(3) This Section shall not apply to accident and health or industrial
business written by any companies.
(Source: Laws 1967, p. 3359.)
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215 ILCS 5/244.1
(215 ILCS 5/244.1) (from Ch. 73, par. 856.1)
Sec. 244.1.
Whenever the financial condition of any company transacting the kinds of
business authorized in Class 1 of Section 4, when reviewed in conjunction
with the kinds and nature of risks insured, the loss experience and
ownership of the company and the ratio of annual premium volume to the
incurred acquisition expenses, indicates a condition such that the
continued operation of the company might be hazardous to its policyholders,
creditors or the general public, then the Director may, after notice and
hearing, order the company to take such action as may be reasonably
necessary to rectify the existing condition, including but not necessarily
limited to one or more of the following steps:
(a) to reduce the loss exposure by reinsurance;
(b) to reduce the volume of new business being | |
(c) to reduce general or acquisition expenses by
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(d) to suspend the writing of new business for a
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(e) to increase the company's surplus by a
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(Source: P.A. 77-1514 .)
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215 ILCS 5/245
(215 ILCS 5/245) (from Ch. 73, par. 857)
Sec. 245.
Salaries; pensions.
(1) No domestic life company shall directly or indirectly pay any
salary, compensation or emolument to any officer, trustee or director
thereof, or any salary, compensation or emolument amounting in any year
to more than $200,000 to any person, firm or corporation,
unless such
payment be first authorized by a vote of the board of directors of such
company, which vote shall be duly recorded in the records of the
company. No such domestic life company shall make any agreement with any
of its officers, trustees or salaried employees whereby it agrees that
for any services rendered or to be rendered he shall receive any salary,
compensation or emolument, directly or indirectly, that will extend
beyond a period of three years from the date of such agreement except
that payment of an amount not in excess of 20% of the salary of any of
its officers, trustees, or salaried employees may by written agreement
be deferred beyond such period of three years, which agreement may
include conditions to be met by such officer, trustee, or salaried
employee before payment will be made. The limitation as to time
contained herein shall not apply to a contract for renewal commissions
with any such officer, trustee or salaried employee who is also an agent
of the company nor shall such limitation be construed as preventing a
domestic company from entering into contracts with its agents for the
payment of renewal commissions.
(2) No such life company shall grant any pension to any officer,
director or trustee thereof or to any member of his family after his
death except that it may provide a pension pursuant to the terms of the
uniform retirement plan adopted by the board of directors and for any person
who is or has been a salaried officer or
employee of such company and who may retire by reason of age or
disability.
(3) No such company shall hereafter create or establish any account
or fund for the purpose of promoting the health or welfare of its
employees except from annual accretions to earned surplus computed in
the manner provided by this Code. Contributions to such fund by any
company in any calendar year shall not exceed 15% of the accretion to
earned surplus in such calendar year. Before such account or fund shall
be established, maintained or operated, the plan for such account or
fund and its method of operation shall be approved by the board of
directors of the company, and submitted to the shareholders in the case
of a stock company, or members in the case of a mutual company, at a
special meeting called for the purpose of considering such plan.
Contributions to the fund from sources other than the company may be
provided for in the operation of the plan. No amount held in such fund
or account whether contributed by the company or from any other source
shall be considered an admitted asset as defined in this Code, nor
considered in determining the solvency of such company, nor be subject to
the provisions of this Code.
(Source: P.A. 91-549, eff. 8-14-99.)
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215 ILCS 5/245.1
(215 ILCS 5/245.1) (from Ch. 73, par. 857.1)
Sec. 245.1. Assignability of life insurance.
No provision of the Illinois Insurance Code, or any other law prohibits
an insured under any policy of life insurance, or any other person who may
be the owner of any rights under such policy, from making an assignment of
all or any part of his rights and privileges under the policy including but
not limited to the right to designate a beneficiary thereunder and to have
an individual policy issued in accordance with paragraphs (G), (H), and (K) of Section 231.1 of the Illinois Insurance Code. Subject to the terms of the
policy or any contract relating thereto, an assignment by an insured or by
any other owner of rights under the policy, made before or after the
effective date of this amendatory Act of 1969 is valid for the purpose of
vesting in the assignee, in accordance with any provisions included therein
as to the time at which it is effective, all rights and privileges so
assigned. However, such assignment is without prejudice to the company on
account of any payment it makes or individual policy it issues in
accordance with paragraphs (d) and (g) of Section 231 before receipt of
notice of the assignment. This amendatory Act of 1969 acknowledges,
declares and codifies the existing right of assignment of interests under
life insurance policies.
(Source: P.A. 98-969, eff. 1-1-15 .)
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