2023 New York Laws › ISC - Insurance › Article 11 - Licensing of Insurers › 1108 - Insurers Exempt From Licensing and Other Requirements.

§  1108.  Insurers  exempt  from licensing and other requirements. The
following  insurers,  their  officers,   agents,   representatives   and
employees  shall be exempt from licensing and other requirements imposed
by the provisions of this chapter (except article  seventy-four  hereof)
to the extent specified below:
(a)   Any   charitable   annuity   society  which  complies  with  the
requirements of section one thousand one hundred ten of this article, to
the extent therein stated.
(b) Any fraternal benefit society,  membership  corporation  or  other
organization exempted under the provisions of article forty-five of this
chapter, to the extent therein stated.
(c)  The  state  insurance  fund  of  this  state,  except  as  to the
provisions of subsection (d)  of  section  two  thousand  three  hundred
thirty-nine,  section  three  thousand  one hundred ten, subsection (a),
paragraph one of subsection (b), paragraph three of subsection  (c)  and
subsection (d) of section three thousand two hundred one, sections three
thousand  two  hundred two, three thousand two hundred four, subsections
(a) through (d)  of  section  three  thousand  two  hundred  twenty-one,
subsections   (b)   and   (c)  of  section  four  thousand  two  hundred
twenty-four,  section  four  thousand   two   hundred   twenty-six   and
subsections  (a)  and  (b),  (g)  through  (j),  and (n) of section four
thousand two hundred thirty-five of this chapter and except as otherwise
specifically provided by the laws of this state.
(d) Any corporate trustee or board of trustees acting pursuant to  the
banking law in relation to the fund for insurance of deposits in savings
banks  or  the  fund  for  insurance  of  shares  of  savings  and  loan
associations.
(e) Any corporation, organized under the laws of any state, solely  to
provide  gratuitously  for  support  or relief of the priests, clergy or
ministers of any religious denomination, or their dependents, is  exempt
from  all  provisions of this chapter, except that any such corporation,
created by special act of incorporation of  this  state,  which  by  the
provisions  of such act is subject to the requirement of examination by,
and making annual reports to, the superintendent, shall  be  subject  to
the provisions of article three of this chapter relating to examinations
and statements or reports by insurers.
(f)  Any  retirement system or pension fund that was doing business on
January first, nineteen hundred forty under the education law, the civil
service law, the mental hygiene law, any special act of incorporation of
this state, or any municipal charter adopted  under  the  laws  of  this
state, exclusively for the benefit of the members of such system or fund
or  for  all  or  any  classes  of  the  employees  of this state or any
municipality thereof, shall  be  exempt  from  the  provisions  of  this
chapter,  except  that  if  the  law under which such system or fund was
organized subjects it to  examination  by,  and  the  making  of  annual
reports  to, the superintendent, such system or fund shall be subject to
the provisions of article three of this chapter relating to examinations
and statements or reports by insurers.
(g) Any membership corporation or voluntary association organized  and
operating  in  this  state  prior  to  January  first,  nineteen hundred
thirty-nine and its  members  may  act  as  indemnitors  of  a  licensed
property/casualty  insurance  company  in  respect  to  surety  bonds or
policies of insurance required to be filed by such members  pursuant  to
section  three  hundred  seventy  of the vehicle and traffic law and are
exempted from the requirement of having an  insurer's  license;  but  no
such  membership corporation or association shall become a surety on any
such bond or otherwise do an insurance business.
(h) Any relief department  or  pension  plan  of  any  common  carrier
subject  to  the  the  Railroad Retirement Act of 1974 (45 U.S.C. § 31),
whose privileges and membership are  confined  to  employees  or  former
employees  of such carrier or its affiliated or subsidiary companies, or
to  any  association  of such common carriers which administers any such
department or plan.
(i) Every blood credit system  established  by  a  city,  pursuant  to
section twenty-one-d of the general city law.
(j)  Any  group  of  employers authorized by the workers' compensation
board to provide workers' compensation benefits for the employees of all
member employers pursuant to subdivision three-a of section fifty of the
workers' compensation law.
* (k) A charitable bail organization holding a certificate  issued  by
the  superintendent  pursuant to section six thousand eight hundred five
of this chapter.
* NB There are 2 sb§ (k)'s
* (k) An institution of higher education, as defined in paragraph  two
of  subsection  (a)  of  section one thousand one hundred twenty-four of
this  article,  that  has  a   certificate   of   authority   from   the
superintendent  and  complies  with  the  requirements  of  section  one
thousand one hundred twenty-four of this article, to the extent  therein
stated.
* NB There are 2 sb§ (k)'s
(n)  A  resolution  facility  established  pursuant  to  section seven
thousand seven hundred nineteen of this chapter.