4530 - Optional Investment Authority.

§  4530.  Optional  Investment  Authority.  (a)  An authorized society  meeting the requirements set forth in  this  section  is  authorized  to  invest  its  funds  in, or otherwise acquire, or loan upon, the types of  investments specified in sections one thousand  four  hundred  two,  one  thousand  four  hundred  three,  one  thousand  four  hundred  five, one  thousand four hundred six, one  thousand  four  hundred  ten,  and  four  thousand  two  hundred forty of this chapter, subject to the limitations  contained therein. The provisions of section one thousand  four  hundred  four  of  this  chapter shall not have any application to investments of  such societies, except to the  extent  provided  in  paragraph  four  of  subsection (b) of section one thousand four hundred two of this chapter.    (b)  In  addition to other requirements of this article, an authorized  society investing pursuant to this  section  shall  meet  the  following  requirements:    (1)  Prior  to  investing  pursuant to this section, the society shall  submit notice to the superintendent that the board of directors  of  the  society  has  approved  investment pursuant to this section and that the  society meets the requirements of this section  and  intends  to  invest  hereunder;    (2)  The  society  shall:  (A) have been in continuous operation for a  minimum of five years; and (B) have total admitted assets  of  at  least  two  billion  dollars  for  a  period of five continuous years as of the  immediately preceding calendar year; and    (3) For each calendar year during which this section  applies  to  the  society,  the  society  shall  have,  as  of  the end of the immediately  preceding calendar year:    (A) had a risk based capital level of at least  six  times  authorized  control  level  RBC as defined by the provisions of section one thousand  three hundred twenty-two of this chapter; and    (B)  maintained  a  minimum  claims-paying,  financial   strength   or  equivalent  rating  from  at least one nationally recognized statistical  rating organization in one of the organization's  three  highest  rating  categories  for the time period during which this section applies to the  society provided that the rating shall not  depend  on  a  guarantee  or  other  credit enhancement from another entity; and shall not be modified  or  otherwise  qualified  to  show  dependence  of  the  rating  on  the  performance or a contractual obligation of, or the society's affiliation  with, another society.    (c)  Whenever  a  society  fails to meet the requirements set forth in  this section, the superintendent may, in his or her discretion, prohibit  or limit the  society  from  engaging  in  new  investments  under  this  section.