215 ILCS 5/126.12
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article VIII - Investments Of Domestic Companies

Sec. 126.12. Insurer investment pools.A. An insurer may acquire investments in investment pools that:(1) Invest only in:(a) Obligations that are rated 1 or 2 by the SVO         or have an equivalent of an SVO 1 or 2 rating (or, in the absence of a 1 or 2 rating or equivalent rating, the issuer has outstanding obligations with an SVO 1 or 2 or equivalent rating) by a nationally recognized statistical rating organization recognized by the SVO and have:(i) A remaining maturity of 397 days or less             or a put that entitles the holder to receive the principal amount of the obligation which put may be exercised through maturity at specified intervals not exceeding 397 days; or(ii) A remaining maturity of 3 years or less             and a floating interest rate that resets no less frequently than quarterly on the basis of a current short-term index (federal funds, prime rate, treasury bills, London InterBank Offered Rate (LIBOR) or commercial paper) and is subject to no maximum limit, if the obligations do not have an interest rate that varies inversely to market interest rate changes;(b) Government money market mutual funds or class         one money market mutual funds; or(c) Securities lending, repurchase, and reverse         repurchase transactions that meet all the requirements of Section 126.16, except the quantitative limitations of Section 126.16D; or(2) Invest only in investments which an insurer may     acquire under this Article, if the insurer's proportionate interest in the amount invested in these investments when combined with amount of such investments made directly or indirectly through an investment subsidiary or other insurer investment pool permitted under this subsection A(2) does not exceed the applicable limits of this Article for such investments.B. For an investment in an investment pool to be qualified under this  Article, the investment pool shall not:(1) Acquire securities issued, assumed, guaranteed or     insured by the insurer or an affiliate of the insurer;(2) Borrow or incur any indebtedness for borrowed     money, except for securities lending and reverse repurchase transactions that meet the requirements of Section 126.16 except the quantitative limitations of Section 126.16D; or(3) Acquire an investment if, as a result of such     transaction, the aggregate value of securities then loaned or sold to, purchased from or invested in any one business entity under this Section would exceed 10% of the total assets of the investment pool.C. The limitations of Section 126.10A shall not apply to an insurer's  investment in an investment pool, however an insurer shall not acquire an  investment in an investment pool under this Section if, as a result of and  after giving effect to the investment, the aggregate amount of investments then  held by the insurer under this Section:(1) In all investment pools investing in investments     permitted under subsection A(2) of this Section would exceed 25% of its admitted assets; or(2) In all investment pools would exceed 35% of its     admitted assets.D. For an investment in an investment pool to be qualified under this  Article, the manager of the investment pool shall:(1) Be organized under the laws of the United States     or a state and designated as the pool manager in a pooling agreement;(2) Be the insurer, an affiliated insurer or a     business entity affiliated with the insurer, a qualified bank, a business entity registered under the Investment Advisers  Act of 1940 (15 U.S.C.  80a-1 et seq.), as amended or, in the case of a reciprocal insurer or interinsurance exchange, its attorney-in-fact, or in the case of a United States branch of an alien insurer, its United States manager or an affiliate or subsidiary of its United States manager;(3) Be responsible for the compilation and     maintenance of detailed accounting records setting forth:(a) The cash receipts and disbursements         reflecting each participant's proportionate investment in the investment pool;(b) A complete description of all underlying         assets of the investment pool (including amount, interest rate, maturity date (if any) and other appropriate designations); and(c) Other records which, on a daily basis, allow         third parties to verify each participant's investment in the investment pool; and(4) Maintain the assets of the investment pool in one     or more accounts, in the name of or on behalf of the investment pool, under a custody agreement with a qualified bank. The custody agreement shall:(a) State and recognize the claims and rights of         each participant;(b) Acknowledge that the underlying assets of the         investment pool are held solely for the benefit of each participant in proportion to the aggregate amount of its investments in the investment pool; and(c) Contain an agreement that the underlying         assets of the investment pool shall not be commingled with the general assets of the custodian qualified bank or any other person.E. The pooling agreement for each investment pool shall be in writing and  shall provide that:(1) An insurer and its affiliated insurers or, in the     case of an investment pool investing solely in investments permitted under subsection A(1) of this Section, the insurer and its subsidiaries, affiliates or any pension or profit sharing plan of the insurer, its subsidiaries and affiliates or, in the case of a United States branch of an alien insurer, affiliates or subsidiaries of its United States manager, shall, at all times, hold 100% of the interests in the investment pool;(2) The underlying assets of the investment pool     shall not be commingled with the general assets of the pool manager or any other person;(3) In proportion to the aggregate amount of each     pool participant's interest in the investment pool:(a) Each participant owns an undivided interest         in the underlying assets of the investment pool; and(b) The underlying assets of the investment pool         are held solely for the benefit of each participant;(4) A participant, or in the event of the     participant's insolvency, bankruptcy or receivership, its trustee, receiver or other successor-in-interest, may withdraw all or any portion of its investment from the investment pool under the terms of the pooling agreement;(5) Withdrawals may be made on demand without penalty     or other assessment on any business day, but settlement of funds shall occur within a reasonable and customary period thereafter not to exceed 10 business days. Distributions under this paragraph shall be calculated in each case net of all then applicable fees and expenses of the investment pool. The pooling agreement shall provide that the pool manager shall distribute to a participant, at the discretion of the pool manager:(a) In cash, the then fair market value of the         participant's pro rata share of each underlying asset of the investment pool;(b) In kind, a pro rata share of each underlying         asset; or(c) In a combination of cash and in kind         distributions, a pro rata share in each underlying asset; and(6) The pool manager shall make the records of the     investment pool available for inspection by the Director.F. Except for  the  formation of the investment pool, transactions and  between a domestic insurer and an affiliated insurer  investment pool shall not be subject to the requirements of Section  131.20a of this Code.  (Source: P.A. 100-201, eff. 8-18-17.)