reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-143 - PRENEED INSURANCE MINIMUM STANDARDS FOR DETERMINING RESERVE LIABILITIES AND NONFORFEITURE VALUES › Section 482-1-143-.02 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter is to establish for preneed
				insurance products minimum mortality standards for reserves and nonforfeiture
				values, and to require the use of the 1980 Commissioners Standard Ordinary
				(CSO) Life Valuation Mortality Table for use in determining the minimum
				standard of valuation of reserves and the minimum standard nonforfeiture values
				for preneed insurance products.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-36-7.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-143 - PRENEED INSURANCE MINIMUM STANDARDS FOR DETERMINING RESERVE LIABILITIES AND NONFORFEITURE VALUES › Section 482-1-143-.03 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter applies to life insurance used as a direct or
				indirect funding method for preneed contracts for funeral or cemetery
				merchandise and services as defined in
				482-1-143-.04.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-36-7.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-143 - PRENEED INSURANCE MINIMUM STANDARDS FOR DETERMINING RESERVE LIABILITIES AND NONFORFEITURE VALUES › Section 482-1-143-.04 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) 2001 CSO
			 MORTALITY TABLE. That mortality table, consisting of separate rates of
			 mortality for male and female lives, developed by the American Academy of
			 Actuaries CSO Task Force from the Valuation Basic Mortality Table developed by
			 the Society of Actuaries Individual Life Insurance Valuation Mortality Task
			 Force, and adopted by the NAIC in December 2002. The 2001 CSO Mortality Table
			 is included in the
Proceedings of the NAIC (2nd Quarter 2002)
.
			 Unless the context indicates otherwise, the "2001 CSO Mortality Table" includes
			 both the ultimate form of that table and the select and ultimate form of that
			 table and includes both the smoker and nonsmoker mortality tables and the
			 composite mortality tables. It also includes both the age-nearest-birthday and
			 age-last-birthday bases of the mortality tables.
(2) ULTIMATE 1980 CSO. The Commissioners'
			 1980 Standard Ordinary Life Valuation Mortality Tables (1980 CSO) without
			 ten-year (10-year) selection factors, incorporated into the 1980 amendments to
			 the NAIC Standard Valuation Law approved in December, 1983.
(3) PRENEED CONTRACT. A written contract to
			 purchase funeral merchandise, funeral services, cemetery merchandise, and/or
			 cemetery services from a seller on a preneed basis (any time prior to death)
			 within the scope of the Alabama Preneed Funeral and Cemetery Act,
Code of Ala. 1975
, §§
								27-17A-1
et seq.
For purposes of this chapter, and whether or not the transaction is subject to
			 regulation as a preneed contract under the Alabama Preneed Funeral and Cemetery
			 Act,
Code of Ala. 1975
, §§
								27-17A-1
et seq.,
a "preneed contract" also includes a prearrangement if accompanied by a
			 purchase of life insurance intended to ultimately fund a completed purchase of
			 funeral or cemetery merchandise and services at need.
(4) PRENEED INSURANCE. Any life insurance
			 policy or certificate that is issued in combination with, in support of, with
			 an assignment to, or as a guarantee for a preneed contract. "Preneed insurance"
			 also includes life insurance on the life of a preneed contract beneficiary
			 acquired as an investment of trust assets by a preneed funeral merchandise and
			 services trust pursuant to Ala. Act 2008-271. The status of the policy or
			 contract as preneed insurance is determined at the time of issue in accordance
			 with the policy form filing.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-36-7.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-143 - PRENEED INSURANCE MINIMUM STANDARDS FOR DETERMINING RESERVE LIABILITIES AND NONFORFEITURE VALUES › Section 482-1-143-.05 - Minimum Valuation Mortality Standards

Current through Register Vol. 42, No. 9, June 28, 2024
For contracts of preneed insurance as defined in
				482-1-143-.04, the minimum
				mortality standard for determining reserve liabilities and non-forfeiture
				values for both male and female insureds shall be the Ultimate 1980
				CSO.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-36-7.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-143 - PRENEED INSURANCE MINIMUM STANDARDS FOR DETERMINING RESERVE LIABILITIES AND NONFORFEITURE VALUES › Section 482-1-143-.06 - Minimum Valuation Interest Rate Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The interest rates used in determining
			 the minimum standard for valuation of preneed insurance shall be the calendar
			 year statutory valuation interest rates as defined in
Code of Ala.
			 1975
, §
								27-36-7.
(2) The interest rates used in determining
			 the minimum standard for nonforfeiture values for preneed insurance shall be
			 the calendar year statutory nonforfeiture interest rates as defined in
Code of Ala. 1975
, §§
								27-15-28.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-36-7.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-143 - PRENEED INSURANCE MINIMUM STANDARDS FOR DETERMINING RESERVE LIABILITIES AND NONFORFEITURE VALUES › Section 482-1-143-.07 - Minimum Valuation Method Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The method used in determining the
			 standard for the minimum valuation of reserves of preneed insurance shall be
			 the method defined in
Code of Ala. 1975
, §
								27-36-7.
(2) The method used in determining the
			 standard for the minimum nonforfeiture values for preneed insurance shall be
			 the method defined in
Code of Ala. 1975
, §§
								27-15-28.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-36-7.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-143 - PRENEED INSURANCE MINIMUM STANDARDS FOR DETERMINING RESERVE LIABILITIES AND NONFORFEITURE VALUES › Section 482-1-143-.08 - Transition Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For preneed
			 insurance policies issued on or after the effective date of this chapter and
			 before January 1, 2012, the 2001 CSO may be used as the minimum standard for
			 reserves and minimum standard for non-forfeiture benefits for both male and
			 female insureds.
(2) If an insurer
			 elects to use the 2001 CSO as a minimum standard for any policy issued on or
			 after the effective date of this chapter and before January 1, 2012, the
			 insurer shall provide, as a part of the actuarial opinion memorandum submitted
			 in support of the company's asset adequacy testing, an annual written
			 notification to the domiciliary commissioner. The notification shall include:
(a) A complete list of all preneed policy
			 forms that use the 2001 CSO as a minimum standard;
(b) A certification signed by the appointed
			 actuary stating that the reserve methodology employed by the company in
			 determining reserves for the preneed policies issued after the effective date
			 and using the 2001 CSO as a minimum standard, develops adequate reserves (for
			 purposes of this certification, the preneed insurance policies using the 2001
			 CSO as a minimum standard cannot be aggregated with any other policies);
			 and
(c) Supporting information
			 regarding the adequacy of reserves for preneed insurance policies issued after
			 the effective date of this regulation and using the 2001 CSO as a minimum
			 standard for reserves.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-143 - PRENEED INSURANCE MINIMUM STANDARDS FOR DETERMINING RESERVE LIABILITIES AND NONFORFEITURE VALUES › Section 482-1-143-.09 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any portion of this chapter or its applicability to any
				person or circumstance is held invalid by a court, the remainder of this
				chapter or its applicability to other persons or circumstances shall not be
				affected.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-36-7.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-143 - PRENEED INSURANCE MINIMUM STANDARDS FOR DETERMINING RESERVE LIABILITIES AND NONFORFEITURE VALUES › Section 482-1-143-.10 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter is applicable to policies or certificates of
				preneed insurance issued on or after the later to occur of (i) its approval by
				the Commissioner of Insurance and upon its having been on file as a public
				document in the office of the Secretary of State for ten days, or (ii)
January 1, 2009.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-36-7.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter is to establish requirements for
				the electronic filing of premium tax and surplus line broker tax returns and
				for payment of premium taxes, certain fees, and surplus line broker taxes by
				electronic funds transfer.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  8-1A-18,
				  41-1-23.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.02 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter is promulgated by the Commissioner of Insurance
				pursuant to the general authority in
Code of Ala.
				1975
, §
								27-2-17 and the specific authority
				in §§
								8-1A-18 and
				41-1-23.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  8-1A-18,
				  41-1-23.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.03 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter applies to all insurers, surplus line brokers, and
				other persons or entities required to file Premium Tax Returns and Surplus Line
				Broker Tax Returns and pay Premium Taxes, Surplus Line Broker Taxes, and Fees
				as described in this chapter.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  8-1A-18,
				  41-1-23.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.04 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following definitions apply for purposes of this
				chapter:
(a) DOMESTIC INSURER, FOREIGN
			 INSURER, and INSURER. As defined in
Code of Ala. 1975
,
			 §§
								27-4A-2(4), -(5),
			 and -(6), respectively.
(b) EFT. An
			 electronic funds transfer using the method(s) employed in the Electronic Filing
			 System from time to time.
(c)
l. FEES. The following fees imposed under the
			 Alabama Insurance Code apart from Premium Tax and Surplus Line Broker Tax:
(i) The fee for annual renewal of a
			 certificate of authority for a foreign or domestic insurer.
(ii) The fee for the filing of an annual
			 statement by a foreign or domestic insurer.
(iii) The fee for renewal of a certificate of
			 authority by an HMO, fraternal benefit society, or mutual aid
			 association.
(iv) The fee for the
			 filing of an annual statement by a foreign or domestic HMO, a fraternal benefit
			 society, or a mutual aid association.
(v) The examination fee for an annual
			 statement filed by a foreign or domestic insurer.
(vi) The examination fee for an annual
			 statement filed by a foreign or domestic HMO, a fraternal benefit society, or a
			 mutual aid association.
2. "Fees" for purposes
			 of this chapter do
not
include licensing fees paid by
			 surplus line brokers.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.05 - Designation Of OPTins System, Alternate Systems

Current through Register Vol. 42, No. 9, June 28, 2024
(a) At the effective date of this chapter,
			 the OPTins System is designated as the Electronic Filing System, including the
			 system for EFT payment of Premium Taxes, Fees, and Surplus Line Broker Taxes,
			 for purposes of this chapter.
(b)
			 From time to time after the effective date of this chapter, the Commissioner
			 may designate another Electronic Filing System in lieu of, or as an alternative
			 to, the OPTins System for purposes of the requirements of this
			 chapter.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  8-1A-18,
				  41-1-23.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.06 - Electronic Filing Of Premium Tax Returns And Surplus Line Broker Tax Returns

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Commencing
			 as provided in Rule
			 482-1-144-.10, all Premium Tax
			 Returns shall be electronically filed through the OPTins System and such
			 filing, when properly and timely made, shall constitute a filing of the Premium
			 Tax Return with the Commissioner. Upon implementation as provided in Rule
			 482-1-144-.10, the Department
			 will not accept Premium Tax Returns in paper format.
(b) Commencing as provided in Rule
			 482-1-144-.10, all Surplus Line
			 Broker Tax Returns shall be electronically filed through the OPTins System and
			 such filing, when properly and timely made, shall constitute a filing of the
			 Surplus Line Broker Tax Return with the Commissioner. Upon implementation as
			 provided in Rule
			 482-1-144-.10, the Department
			 will not accept Surplus Line Broker Tax Returns in paper format.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  8-1A-18,
				  41-1-23.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.07 - Payment Of Premium Taxes, Fees, Surplus Line Broker Taxes By Electronic Funds Transfer

Current through Register Vol. 42, No. 9, June 28, 2024
Commencing as provided in Rule
				482-1-144-.10, Premium Taxes,
				Fees, and Surplus Line Broker Taxes due to the State of Alabama shall be paid
				by EFT through the Electronic Filing System. Upon implementation as provided in
				Rule 482-1-144-.10, the Department
				will not accept payment of Premium Taxes, Fees, or Surplus Line Broker Taxes by
				check or in any manner except by EFT.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  8-1A-18,
				  41-1-23.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.08 - Time For Filing And Payment, Determining Timely Filing And Payment

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The
			 requirements for electronic filing of Premium Tax Returns and Surplus Line
			 Broker Taxes and EFT payment of Premium Taxes, Fees, and Surplus Line Broker
			 Taxes as prescribed in this chapter do not change or affect the time for filing
			 and payment.
(b) The date and time
			 a filer files the Premium Tax Return or Surplus Line Broker Tax Return and
			 causes payment of Premium Taxes and Fees or Surplus Line Broker Taxes by EFT,
			 as shown by the Electronic Filing System, shall be the date and time used to
			 determine the timeliness of filing and payment.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  8-1A-18,
				  41-1-23.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.09 - Filer Responsibilities, Hardship Exemption

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Insurers and other persons and entities
			 required to file Premium Tax Returns or Surplus Line Broker Tax Returns and pay
			 Premium Taxes and Fees or Surplus Line Broker Taxes are responsible for taking
			 all steps necessary for access to and use of the Electronic Filing System,
			 including payment of any transaction fees.
(b) Upon written application of any person or
			 entity subject to the requirements of this chapter, the Commissioner, in his
			 discretion, may grant an exemption from compliance with the electronic filing
			 and EFT payment requirements of this chapter if the Commissioner finds, upon
			 review of the application, that compliance with this chapter would constitute a
			 financial or organizational hardship upon the insurer. Such an exemption may be
			 granted at any time and from time to time for a specified period or
			 periods.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  8-1A-18,
				  41-1-23.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.10 - Implementation Schedule

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Electronic
			 filing of quarterly Premium Tax Returns and EFT payment of Premium Taxes and
			 any Fees paid on a quarterly basis is effective with quarterly Premium Tax
			 Returns to be filed for the first quarter of 2009, due no later than May 15,
			 2009.
(b) Electronic filing of
			 annual Premium Tax Returns and EFT payment of Premium Taxes and Fees is
			 effective with annual Premium Tax Returns for calendar year 2009, due no later
			 than March 1, 2010.
(c) Electronic
			 filing of annual Surplus Line Broker Tax Returns and EFT payment of Surplus
			 Line Broker Taxes is effective with annual Surplus Line Broker Tax Returns for
			 calendar year 2009, due no later than March 1, 2010.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  8-1A-18,
				  41-1-23.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-144 - ELECTRONIC FILING OF PREMIUM TAX RETURNS AND SURPLUS LINE BROKER TAX RETURNS ELECTRONIC PAYMENT OF PREMIUM TAXES, SURPLUS LINE BROKER TAXES, AND FEES › Section 482-1-144-.12 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter shall become effective January 1, 2009, upon its
				approval by the Commissioner of Insurance, and upon its having been on file as
				a public document in the office of the Secretary of State for ten days, subject
				to the implementation schedule in Rule
				482-1-144-.10.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  8-1A-18,
				  41-1-23.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.01 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter is adopted pursuant to
Code of Ala.
				1975
, §
								27-2-17 (1975) to effectuate
				provisions in Title 27 relating to licensing and aspects of
				18
				U.S.C. §
									1033 granting authority to
				state insurance regulatory officials.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §
										27-2-17.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.02 - Purpose And Scope

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose
			 of this chapter is to specify the requirements and procedures for furnishing
			 individual criminal history information and for Department actions based on
			 that information in determining:
(a) Whether
			 to issue or renew a license.
(b)
			 The applicability of
			 18
			 U.S.C. §
										1033(e).
(c) Whether to grant the consent required
			 under
			 18
			 U.S.C. §
										1033(e).
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this chapter, these words and terms have the
				following meaning, unless the context clearly indicates otherwise:
(a) BUSINESS OF INSURANCE. For purposes of
			 18
			 U.S.C. §
									1033, the business of insurance
			 is either the writing of insurance, or the reinsuring of risks, by a Section
			 § 1033 insurer (as defined in
			 482-1-146-.03(i)),
			 including all acts necessary or incidental to such writing or reinsuring and
			 the activities of persons who act as, or are, officers, directors, agents, or
			 employees of insurers or who are other persons authorized to act on behalf of
			 such persons.
(b) COMMISSIONER. The
			 Alabama Commissioner of Insurance.
(c)
1.
			 CRIMINAL HISTORY. Misdemeanor and felony crimes and criminal offenses in any
			 jurisdiction, including Federal and military crimes or criminal offenses, that
			 resulted in an individual's arrest, detention, indictment, or the fact of a
			 formal charge however named or characterized and irrespective of the ultimate
			 disposition of the charge. Criminal history includes criminal offenses in which
			 the fact of an arrest or conviction for an offense, the circumstances of the
			 offense, or records relating to the offense, have been "expunged" unless it is
			 demonstrated to the Department's satisfaction that the laws of the jurisdiction
			 where committed specifically allow the individual to withhold disclosure or
			 represent that the individual has not been arrested or convicted for the
			 offense in the context of employment or license applications.
2. For purposes of this chapter, an
			 individual's criminal history does not include any of the following:
(i) Traffic violation notices for parking or
			 similar infractions.
(ii) Citations
			 or misdemeanor charges for violations relating to violation of laws or
			 ordinances pertaining to operation of motor vehicles or watercraft (including
			 misdemeanor DUI or DWI, driving without a license or proof of insurance or with
			 a suspended license, or reckless driving).
(iii) Crimes or offenses processed and
			 disposed of as juvenile offenses by the jurisdiction within which the charges
			 arose if the laws of that jurisdiction treat the fact of juvenile offenses as
			 confidential and records associated with them as sealed or otherwise not
			 subject to public disclosure.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.04 - Criminal History Disclosure Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A completed criminal history disclosure
			 form and all documentation requested in applicable portions of the form must be
			 submitted by any individual:
(a) Who
			 discloses a criminal history in an application for a license or in the context
			 of renewing an existing license. An individual who is renewing an existing
			 license may be relieved from completing and submitting the form or
			 documentation if the criminal history was previously disclosed to the
			 Department in writing in the context of an initial application or an earlier
			 renewal or otherwise.
(b) Who is
			 notified by the Department of the Department's discovery of the individual's
			 undisclosed criminal history.
(c)
			 Who, though currently the holder of a license issued by the Commissioner, has a
			 disclosed or undisclosed criminal history including Section 1033 offenses and
			 is subject to the consent requirements of
			 18
			 U.S.C. §
										1033(e) but
			 has not received a Section 1033 consent from the Commissioner or an appropriate
			 insurance regulatory official.
(d)
			 Who, with a criminal history, is working or proposes to work in an unlicensed
			 capacity in the business of insurance and is subject to the consent
			 requirements of
			 18
			 U.S.C. §
										1033(e). Such
			 individual will be excepted from this requirement only if such individual has
			 previously disclosed the criminal history to the Department in writing and has
			 received a Section 1033 consent from the Commissioner applicable to the
			 individual's position and employer based on that history or has been advised in
			 writing by the Department of the Department's position that the consent
			 requirement of
			 18
			 U.S.C. §
										1033(e) is not
			 applicable.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.05 - 18 U.S.C. Section 1033(e) Consent Requirement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commissioner is designated as the
			 insurance regulatory official in Alabama who may issue written consent as
			 described in
			 18
			 U.S.C. §
									1033(e)(2).
(2) An individual who has been convicted of a
			 Section 1033 offense and who is, or proposes to be, employed by and/or act as
			 an agent for or otherwise on behalf of a Section 1033 insurer in a capacity for
			 which a license is required must have a Section 1033 consent in addition to the
			 applicable license.
(3) An
			 individual who has been convicted of a Section 1033 offense and who is, or
			 proposes to be, an officer, director, employee, or other agent of a Section
			 1033 insurer in a capacity for which a license is not required must have a
			 Section 1033 consent unless the Department determines that, due to the
			 individual's particular position and responsibilities with the insurer, a
			 Section 1033 consent is not required.
(4) An individual who is not an Alabama
			 resident and who is applying for a non-resident license in Alabama must obtain
			 from the appropriate insurance regulatory official in his/her resident
			 licensing jurisdiction a Section 1033 consent specific to the applicant's
			 Section 1033 offense(s) and to the activities in the business of insurance
			 which the applicant proposes to engage in if granted an Alabama license or a
			 written determination from such official that the requirement for Section 1033
			 consent is not applicable. The Department may require the applicant to submit a
			 copy of the Section 1033 consent application materials relied upon by the
			 resident licensing jurisdiction in addition to, or in lieu of, a criminal
			 history disclosure form. Alabama will recognize a Section 1033 consent or
			 determination of Section 1033 non-applicability issued from a non-resident
			 applicant's resident licensing jurisdiction as a Section 1033 consent or
			 determination of Section 1033 non-applicability for activities in the business
			 of insurance in Alabama within the scope of that consent or determination and
			 for purposes of this Chapter if the issuing jurisdiction gives the same effect
			 to Section 1033 consents or determinations of Section 1033 non-applicability
			 issued to residents of Alabama by the Commissioner. The Department may request
			 the appropriate insurance regulatory official in the resident jurisdiction to
			 certify that the jurisdiction gives reciprocal effect to Section 1033 consents
			 or determinations of non-applicability issued from Alabama.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §
										27-2-17.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.06 - Determination Of Applicability Of 18 U.S.C. Section 1033(e) Consent Requirement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Based
			 on information disclosed in the criminal history disclosure form and the form's
			 supporting documentation and from any other sources, the Department, through
			 the Department's legal division, will determine whether a criminal conviction
			 was for a Section 1033 offense. That determination will include whether the
			 criminal offense was a felony involving dishonesty or breach of trust to the
			 extent the offense is not one otherwise described in
			 18
			 U.S.C. §§
									1033(a), -(b), -(c), -(d), -(e) (1) (A),
			 and -(e) (1) (B).
(a) In general, any felony which, under the
			 applicable laws of the jurisdiction where committed, includes one or more
			 elements of deceit, untruthfulness, or falsification will be deemed a felony
			 involving "dishonesty" for purposes of applying the Section 1033 consent
			 process. Representative examples include felonies equating with or involving
			 perjury, bribery, embezzlement, forgery, counterfeiting, fraud, or making false
			 statements.
(b) In general, any
			 felony which, factually or as an element of the offense, involved breach of a
			 fiduciary-type duty imposed by the applicable laws of the jurisdiction where
			 committed will be deemed to be a felony involving a "breach of trust" for
			 purposes of applying the Section 1033 consent process.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.07 - Review Process

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Department's legal division will initially screen a submitted criminal history
			 disclosure form and supporting documentation, together with any supplemental
			 information, to determine either or both of the following:
(a) Whether the individual has been convicted
			 of a felony.
(b) Whether any felony
			 conviction was for a Section 1033 offense.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.08 - Limitations On Section 1033 Consent

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commissioner may impose reasonable
			 conditions or terms on a Section 1033 consent, including a condition that the
			 consent is temporary. A subsequent violation of any such conditions or terms
			 may cause the Commissioner, in his or her discretion, to cancel or withdraw the
			 Section 1033 consent and, in the case of a consent granted to a licensee, may
			 result in other administrative action by the Department.
(2) Whether or not specifically provided in
			 the Section 1033 consent, every Section 1033 consent granted by the
			 Commissioner is conditioned upon the accuracy, truth, and veracity of the
			 criminal history disclosure form and all supporting documentation or
			 information provided by an individual. The Commissioner reserves authority to
			 cancel or withdraw a Section 1033 consent if it is subsequently demonstrated
			 that the individual receiving the consent made materially false or misleading
			 statements, provided false or misleading documents or written information, or
			 failed to disclose information material to the question of whether a Section
			 1033 consent should have been initially granted.
(3) Whether or not specifically provided in
			 the Section 1033 consent, every Section 1033 consent granted by the
			 Commissioner is conditioned upon the recipient of the consent not being
			 convicted of a felony after the consent issues and during the time of its
			 effectiveness. The Commissioner reserves authority to cancel or withdraw a
			 Section 1033 consent if the recipient is subsequently convicted of a
			 felony.
(4) Unless otherwise
			 specifically provided in the Section 1033 consent itself, a Section 1033
			 consent shall be limited in effect to the specific employment or contractual
			 position for which granted.
(5) An
			 individual who has been granted a Section 1033 consent for the purpose of
			 employment by or affiliation with a Section 1033 insurer in a non-licensed
			 capacity must advise the Department about any change in the individual's
			 position or material change in the scope of the individual's duties or
			 responsibilities. The Department, in its discretion, may require the individual
			 to request a new Section 1033 consent and/or to provide additional
			 information.
(6) A Section 1033
			 consent alone does not authorize the recipient to lawfully engage in any
			 actions for which a license is required.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §
										27-2-17.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.09 - Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 may, in writing, request a hearing before the Commissioner as authorized by
			 Ala. Code §
								27-2-28(b) if the
			 individual has been:
(a) Denied a
			 license.
(b) Denied a Section 1033
			 consent.
(c) Adversely affected by
			 any other action or failure to act within the scope of this chapter.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.10 - Records

Current through Register Vol. 42, No. 9, June 28, 2024
A completed criminal history disclosure form and documentation
				submitted with that form, together with any written recommendation of the
				Review Committee within the scope of Rule 482-1-146, are designated as
				confidential and are not public records for the purposes of any statutes
				governing public access to government records.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §
										27-2-17.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.11 - Responsibilities Of Section 1033 Insurers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A Section 1033 insurer subject to the
			 Commissioner's examination authority shall have and apply the following:
(a) An internal procedure for determining, by
			 mean s of background checks or investigations or otherwise, whether applicants
			 for employment or individuals with whom the insurer intends to contract for
			 activities in the business of insurance, whether or not in a capacity requiring
			 a license, have a felony conviction for a Section 1033 offense.
(b) An internal procedure after initial
			 employment or contracting, applied on a periodic basis, to ascertain the
			 existence of a felony conviction for a Section 1033 offense.
(c) An internal procedure for assuring that
			 affected employees or individual contractors have obtained and hold any
			 required Section 1033 consent during the period of employment or
			 contracting.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.12 - Referral For Criminal Prosecution Or Civil Penalty

Current through Register Vol. 42, No. 9, June 28, 2024
The Commissioner or another authorized representative of the
				Department may at any time refer any circumstances suggesting a willful
				violation of
				18
				U.S.C. §
									1033(e) by any
				individual or entity to the appropriate law enforcement agencies or
				prosecutorial authorities for further investigation, possible criminal
				prosecution, and/or proceedings to assess the civil penalty provided for in
				18
				U.S.C. §
									1034 in addition to any
				administrative or other action that the Commissioner or Department may take in
				light of the circumstances.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §
										27-2-17.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.13 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any portion of this chapter or its applicability to any
				person or circumstance is held invalid by a court, the remainder of this
				chapter or the applicability of the provision to other persons or circumstances
				shall not be affected.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §
										27-2-17.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-146 - CRIMINAL HISTORY DISCLOSURE AND 18 U.S.C. SECTION 1033 CONSENT › Section 482-1-146-.14 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter shall be effective upon its approval by the
				Commissioner of Insurance, and upon its having been on file as a public
				document in the office of the Secretary of State for ten
				days.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §
										27-2-17.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-147 - INSURANCE PRODUCERS, TEMPORARY PRODUCERS, AND SERVICE REPRESENTATIVES › Section 482-1-147-.01 - Purpose, Scope, And Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of
			 this chapter is to set forth rules and procedural requirements the Commissioner
			 deems necessary to carry out the provisions of Chapter 7 of the
Code of Ala. 1975
, Tit. 27 relating to the licensing
			 and appointment of insurance producers, temporary producers, and service
			 representatives; and the various types of disciplinary action concerning
			 licenses and grants of authority.
(2) This chapter shall apply to individuals
			 and business entities applying for an insurance producer license, to
			 individuals applying for a temporary producer license, and to all insurers
			 appointing producers, temporary producers, and service representatives. This
			 chapter does not apply to title insurance agents.
(3) This chapter is adopted pursuant to
Code of Ala. 1975
, §§
								27-2-17,
			 27-7-4.3,
			 27-7-5,
			 27-7-23,
			 27-7-24,
			 27-7-30, and
			 27-7-43.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-4.3,
				  27-7-5,
				  27-7-23,
				  27-7-24,
				  27-7-30,
				  27-7-43.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-147 - INSURANCE PRODUCERS, TEMPORARY PRODUCERS, AND SERVICE REPRESENTATIVES › Section 482-1-147-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
Unless the context otherwise requires, terms found in this
				chapter are used as defined in
Code of Ala. 1975
,
				§
								27-7-1. The following terms are
				defined for purposes of this chapter:
(a) CAPTIVE PRODUCER. An insurance producer
			 under contract to represent only one insurer or one group of
			 insurers.
(b) HEALTH. The line of
			 authority defined in
Code of Ala. 1975
, §
								27-7-14.1 as Accident and Health
			 or Sickness, commonly known as disability.
(c) NAIC. The National Association of
			 Insurance Commissioners or its affiliates or subsidiaries.
(d) NIPR. The National Insurance Producer
			 Registry.
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-4.3,
				  27-7-5,
				  27-7-23,
				  27-7-24,
				  27-7-30,
				  27-7-43.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-147 - INSURANCE PRODUCERS, TEMPORARY PRODUCERS, AND SERVICE REPRESENTATIVES › Section 482-1-147-.03

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-4.3,
				  27-7-5,
				  27-7-23,
				  27-7-24,
				  27-7-30,
				  27-7-43.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-147 - INSURANCE PRODUCERS, TEMPORARY PRODUCERS, AND SERVICE REPRESENTATIVES › Section 482-1-147-.04

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-4.3,
				  27-7-5,
				  27-7-23,
				  27-7-24,
				  27-7-30,
				  27-7-43.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-147 - INSURANCE PRODUCERS, TEMPORARY PRODUCERS, AND SERVICE REPRESENTATIVES › Section 482-1-147-.05

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Commissioner of Insurance
Statutory Authority:
Code of Ala.
				  1975
, §§
										27-2-17,
				  27-7-4.3,
				  27-7-5,
				  27-7-23,
				  27-7-24,
				  27-7-30,
				  27-7-43.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-147 - INSURANCE PRODUCERS, TEMPORARY PRODUCERS, AND SERVICE REPRESENTATIVES › Section 482-1-147-.06 - Insurance Producer Examination

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) Except as provided in paragraph (3), all
			 individuals must successfully pass an examination prior to becoming licensed as
			 an insurance producer for the following lines of authority:
1. Life.
2. Health.
3. Property.
4. Casualty.
5. Personal Lines.
6. Bail Bonds.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-147 - INSURANCE PRODUCERS, TEMPORARY PRODUCERS, AND SERVICE REPRESENTATIVES › Section 482-1-147-.07 - Insurance Producer License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Business Entity
			 Producer. A business entity may be issued an insurance producer license in
			 accordance with the following:
(a) To be
			 licensed as an insurance producer, a business entity must be a corporation, a
			 limited liability company, a partnership, a limited partnership, a limited
			 liability partnership, or another legally recognized form of entity distinct
			 from an individual or the individuals or other entities that may own or hold
			 interests in, or be members of, the entity as determined by the laws of the
			 entity's state of domicile. A sole proprietorship can only be licensed as an
			 individual producer. One or more individuals doing business under a trade name
			 cannot obtain a business entity producer license absent formal organization as
			 an entity.
(b) An Alabama-domiciled
			 business entity shall complete the Department's on-line licensing process to
			 become licensed as an insurance producer for a particular line or lines of
			 insurance. Instructions for the on-line licensing process will be provided on
			 the Department's Web site.
(c) A
			 foreign-domiciled business entity may use the on-line licensing process or may
			 submit or transmit a copy of the application that was submitted to its
			 domiciliary state. Issuance of an Alabama business entity producer license to a
			 foreign-domiciled business entity does not in itself satisfy any applicable
			 Alabama constitutional and statutory requirements that may require the entity
			 to qualify through or register with the Alabama Secretary of State in order to
			 lawfully do business in Alabama.
(d) The business entity license applicant
			 must identify at least one licensed individual producer designated as
			 responsible for the business entity's compliance with all applicable laws,
			 rules, and regulations for each line of authority. A licensed individual
			 producer so designated must have such a degree of affiliation with the entity
			 in terms of an ownership interest in the entity, a role as an officer or
			 director, by contract or employment relationship, or otherwise as reasonably
			 assures that the licensed individual producer can cause or influence the
			 entity's compliance with all applicable laws, rules, and regulations.
(e) Business entity producers must be
			 appointed to act on behalf of an insurer and must be appointed by each insurer
			 it represents. A business entity is deemed to be representing or acting on
			 behalf of an insurer upon entering into an agency contract or agreement with
			 the insurer. Each individual producer acting as a producer of the insurer on
			 behalf of the business entity producer must also be appointed to represent the
			 insurer.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-147 - INSURANCE PRODUCERS, TEMPORARY PRODUCERS, AND SERVICE REPRESENTATIVES › Section 482-1-147-.08 - Temporary Producer License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Temporary
			 License - Pending Examination.
(a) An
			 individual otherwise qualified as an insurance producer except as to having
			 taken and passed the written examination may apply for a temporary producer
			 license according to the requirements set forth in this rule for the following
			 lines of insurance:
1. Life.
2. Health.
3. Property.
4. Casualty.
5. Personal Lines.
Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-147 - INSURANCE PRODUCERS, TEMPORARY PRODUCERS, AND SERVICE REPRESENTATIVES › Section 482-1-147-.09 - Service Representative License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 may be licensed as a service representative according to the requirements set
			 forth in this rule for the following lines of insurance:
(a) Property.
(b) Casualty.
(c) Personal Lines.