§ 23-96-104 - Definitions.
               	 		
23-96-104.    Definitions.
    As used in this chapter:
      A.  "Account" means any of the two (2) accounts created under    23-96-109.
      B.  "Association" means the Arkansas Life and Health Insurance Guaranty Association created under    23-96-109.
      C.  "Authorized  assessment" or the term "authorized" when used in the context of  assessments means a resolution by the board of directors has been passed  whereby an assessment will be called immediately or in the future from  member insurers for a specified amount. An assessment is authorized when  the resolution is passed.
      D.  "Benefit plan" means a specific employee, union, or association of natural persons benefit plan.
      E.  "Called  assessment" or the term "called" when used in the context of  assessments means that a notice has been issued by the Association to  member insurers requiring that an authorized assessment be paid within  the time frame set forth within the notice. An authorized assessment  becomes a called assessment when notice is mailed by the Association to  member insurers.
      F.  "Commissioner" means the Insurance Commissioner of this state.
      G.  "Contractual  obligations" means any obligation under a policy or contract or  certificate under a group policy or contract, or portion thereof for  which coverage is provided under    23-96-107.
      H.  "Covered  policy" or "covered contract" means any policy or contract or portion  of a policy or contract for which coverage is provided under     23-96-107.
      I.  "Extra-contractual  claims" shall include, for example, claims relating to bad faith in the  payment of claims, punitive or exemplary damages, or attorney's fees and  costs.
      J.  "Impaired insurer"  means a member insurer which, after March 9, 1989, is not an insolvent  insurer and is placed under an order of rehabilitation or conservation  by a court of competent jurisdiction.
      K.  "Insolvent  insurer" means a member insurer which, after March 9, 1989, is placed  under an order of liquidation by a court of competent jurisdiction with a  finding of insolvency.
      L.  "Member  insurer" means any insurer licensed or which holds a certificate of  authority to transact in this state any kind of insurance for which  coverage is provided under    23-96-107, and includes any insurer whose  license or certificate of authority in this state may have been  suspended, revoked, not renewed, or voluntarily withdrawn, but does not  include:
            (1)  A hospital or medical service organization, whether profit or nonprofit;
            (2)  A health maintenance organization;
            (3)  A fraternal benefit society;
            (4)  A mandatory state pooling plan;
            (5)  A burial association;
            (6)  An insurance exchange;
            (7)  Prepaid funeral trusts;
            (8)  An organization which has a certificate or license limited to the issuance of charitable gift annuities; or
            (9)  Any entity similar to any of the above.
      M.  "Moody's  Corporate Bond Yield Average" means the Monthly Average Corporates as  published by Moody's Investors Service, Inc., or any successor thereto.
      N.  "Owner"  of a policy or contract and "policy owner" and "contract owner" means  the person who is identified as the legal owner under the terms of the  policy or contract or who is otherwise vested with legal title to the  policy or contract through a valid assignment completed in accordance  with the terms of the policy or contract and properly recorded as the  owner on the books of the insurer. The terms "owner", "contract owner",  and "policy owner" do not include persons with a mere beneficial  interest in a policy or contract.
      O.    (1)  "Person"  means any individual, corporation, limited liability company,  partnership, association, governmental body or entity, or voluntary  organization.
            (2)  It is the  intent of the General Assembly that "person" shall include a claimant or  beneficiary who is receiving annuity benefits as provided in       11-9-210 and 23-96-114(B) and (F).
      P.  "Plan sponsor" means:
            (1)  The employer in the case of a benefit plan established or maintained by a single employer;
            (2)  The employee organization in the case of a benefit plan established or maintained by an employee organization; or
            (3)  In  a case of a benefit plan established or maintained by two (2) or more  employers or jointly by one (1) or more employers and one (1) or more  employee organizations, the association, committee, joint board of  trustees, or other similar group of representatives of the parties who  establish or maintain the benefit plan.
      Q.    (1)  "Premiums"  means amounts or considerations (by whatever name called) received on  covered policies or contracts less returned premiums, considerations,  and deposits and less dividends and experience credits.
            (2)    (a)  "Premiums"  does not include amounts or considerations received for any policies or  contracts or for the portions of policies or contracts for which  coverage is not provided under    23-96-106, except that assessable  premium shall not be reduced on account of    23-96-106(A)(3), relating  to interest limitations and    23-96-114(A)(2), relating to limitations  with respect to one (1) individual, one (1) participant, and one (1)  contract owner.
                  (b)  Provided, "premiums" shall not include:
                        (i)  Any  premiums in excess of one million dollars ($1,000,000) on an  unallocated annuity contract not issued under a governmental retirement  benefit plan (or its trustee) established under sections 401(k), 403(b),  or 457 of the United States Internal Revenue Code; or
                        (ii)  With  respect to multiple non-group policies of life insurance owned by one  (1) owner, whether the policy owner is an individual, firm, corporation,  or other person, and whether the persons insured are officers,  managers, employees, or other persons, premiums in excess of one million  dollars ($1,000,000) with respect to these policies or contracts,  regardless of the number of policies or contracts held by the owner.
      R.    (1)  "Principal  place of business" of a plan sponsor or a person other than a natural  person means the single state in which the natural persons who establish  policy for the direction, control, and coordination of the operations  of the entity as a whole primarily exercise that function, determined by  the Association in its reasonable judgment by considering the following  factors:
                  (a)  The state in which the primary executive and administrative headquarters of the entity is located;
                  (b)  The state in which the principal office of the chief executive officer of the entity is located;
                  (c)  The  state in which the board of directors (or similar governing person or  persons) of the entity conducts the majority of its meetings;
                  (d)  The  state in which the executive or management committee of the board of  directors (or similar governing person or persons) of the entity  conducts the majority of its meetings;
                  (e)  The state from which the management of the overall operations of the entity is directed; and
                  (f)  In  the case of a benefit plan sponsored by affiliated companies comprising  a consolidated corporation, the state in which the holding company or  controlling affiliate has its principal place of business as determined  using the above factors. However, in the case of a plan sponsor, if more  than fifty percent (50%) of the participants in the benefit plan are  employed in a single state, that state shall be deemed to be the  principal place of business of the plan sponsor.
            (2)  The  principal place of business of a plan sponsor of a benefit plan  described in Subsection (P)(3) of this section shall be deemed to be the  principal place of business of the association, committee, joint board  of trustees or other similar group of representatives of the parties who  establish or maintain the benefit plan that, in lieu of a specific or  clear designation of a principal place of business, shall be deemed to  be the principal place of business of the employer or employee  organization that has the largest investment in the benefit plan in  question.
      S.  "Receivership court"  means the court in the insolvent or impaired insurer's state having  jurisdiction over the conservation, rehabilitation, or liquidation of  the insurer.
      T.  "Resident" means a  person to whom a contractual obligation is owed and who resides in this  state on the date of entry of a court order that determines a member  insurer to be an impaired insurer or a court order that determines a  member insurer to be an insolvent insurer, whichever occurs first. A  person may be a resident of only one (1) state, which in the case of a  person other than a natural person shall be its principal place of  business. Citizens of the United States that are either (i) residents of  foreign countries, or (ii) residents of United States possessions,  territories, or protectorates that do not have an association similar to  the Association created by this chapter shall be deemed residents of  the state of domicile of the insurer that issued the policies or  contracts.
      U.  "Structured  settlement annuity" means an annuity purchased in order to fund periodic  payments for a plaintiff or other claimant in payment for or with  respect to personal injury suffered by the plaintiff or other claimant.
      V.  "State" means a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate.
      W.  "Supplemental  contract" means a written agreement entered into for the distribution  of proceeds under a life, an accident and health, or an annuity policy  or contract.
      X.    (1)  "Unallocated  annuity contract" means an annuity contract or group annuity  certificate which is not issued to and owned by an individual, except to  the extent of any annuity benefits guaranteed to an individual by an  insurer under such contract or certificate.
            (2)  It  is the intent of the General Assembly that an annuity contract as  provided for in    11-9-210, shall not be an "unallocated annuity  contract".