§ 23-96-106 - Scope of chapter.
               	 		
23-96-106.    Scope of chapter.
    A.  This chapter shall not provide coverage for:
      (1)  A  portion of a policy or contract not guaranteed by the insurer, or under  which the risk is borne by the policy or contract owner;
      (2)  A  portion of a policy or contract of reinsurance, unless assumption  certificates have been issued pursuant to the reinsurance policy or  contract;
      (3)  A policy or  contract to the extent that the rate of interest on which it is based,  or the interest rate, crediting rate, or similar factor determined by  use of an index or other external reference stated in the policy or  contract employed in calculating returns or changes in value:
            (a)  Averaged  over the period of four (4) years prior to the date on which the member  insurer becomes an impaired or insolvent insurer under this chapter,  whichever is earlier, exceeds a rate of interest determined by  subtracting two (2) percentage points from Moody's Corporate Bond Yield  Average averaged for that same four-year period or for such lesser  period if the policy or contract was issued less than four (4) years  before the member insurer becomes an impaired or insolvent insurer under  this chapter, whichever is earlier; and
            (b)  On  and after the date on which the Association becomes obligated with  respect to such policy or contract, exceeds the rate of interest  determined by subtracting three (3) percentage points from Moody's  Corporate Bond Yield Average as most recently available;
      (4)  A  portion of a policy or contract issued to a plan or program of an  employer, association, or other person to provide life, accident and  health, or annuity benefits to its employees, members, or others to the  extent that such plan or program is self-funded or uninsured, including  but not limited to, benefits payable by an employer, association, or  other person under:
            (a)  A  multiple employer welfare arrangement as defined in section 514 of the  Employee Retirement Income Security Act of 1974, as amended;
            (b)  A minimum premium group insurance plan;
            (c)  A stop-loss group insurance plan; or
            (d)  An administrative services only contract;
      (5)  A  portion of a policy or contract to the extent that it provides for  dividends or experience rating credits, voting rights, or payment of any  fees or allowances to any person, including the policy or contract  owner, in connection with the service to or administration of such  policy or contract;
      (6)  A policy  or contract issued in this state by a member insurer at a time when it  was not licensed or did not have a certificate of authority to issue  such policy or contract in this state;
      (7)  An  unallocated annuity contract issued to or in connection with a benefit  plan protected under the Pension Benefit Guaranty Corporation regardless  of whether the Pension Benefit Guaranty Corporation has yet become  liable to make any payments with respect to the benefit plan;
      (8)  A  portion of an unallocated annuity contract that is not owned by a  benefit plan (directly or in trust) or a government lottery or issued to  a collective investment trust or similar pooled fund offered by a bank  or other financial institution;
      (9)  Any  policy or contract written on the mutual assessment plan or stipulated  premium plan prior to January 1, 1968, for which no statutory legal  reserves are required;
      (10)  A  portion of a policy or contract to the extent that the assessments  required by    23-96-115 with respect to the policy or contract are  preempted by federal or state law;
      (11)  An  obligation that does not arise under the express written terms of the  policy or contract issued by the insurer to the contract owner or policy  owner, including without limitation:
            (a)  Claims based on marketing materials;
            (b)  Claims  based on side letters, riders, or other documents that were issued by  the insurer without meeting applicable policy form filing or approval  requirements;
            (c)  Misrepresentations of or regarding policy benefits;
            (d)  Extra-contractual claims; or
            (e)  A claim for penalties or consequential or incidental damages; and
      (12)  A  contractual agreement that establishes the member insurer's obligations  to provide a book value accounting guaranty for defined contribution  benefit plan participants by reference to a portfolio of assets that is  owned by the benefit plan or its trustees, which in each case is not an  affiliate of the member insurer.
B.  The  protection provided by this chapter shall not apply where any guaranty  protection is provided to residents of this state by the laws of the  domiciliary state or jurisdiction of the impaired or insolvent insurer  other than this state.