CHAPTER 34. MULTIPLE EMPLOYER WELFARE ARRANGEMENTS

IC 27-1-34
    Chapter 34. Multiple Employer Welfare Arrangements

IC 27-1-34-1
"Multiple employer welfare arrangement" defined
    Sec. 1. (a) As used in this chapter, "arrangement" refers to amultiple employer welfare arrangement.
    (b) As used in this chapter, "multiple employer welfarearrangement" means an entity other than a duly admitted insurer thatestablishes an employee benefit plan for the purpose of offering orproviding accident and sickness or death benefits to the employeesof at least two (2) employers, including self-employed individualsand their dependents. For purposes of this subsection, two (2)employers, one (1) of which holds an ownership interest of at leastfifty-one percent (51%) in the other, are considered to be one (1)employer.
As added by P.L.1-1992, SEC.149. Amended by P.L.173-2007,SEC.19.

IC 27-1-34-2
Certificate of registration
    Sec. 2. (a) An arrangement must annually obtain a certificate ofregistration from the department under rules adopted by thecommissioner.
    (b) An arrangement that does not obtain a certificate ofregistration described in subsection (a) or violates the requirementsof this chapter is subject to IC 27-4.
As added by P.L.1-1992, SEC.149.

IC 27-1-34-3
Benefits under an employee benefit plan
    Sec. 3. An arrangement may provide benefits under an employeebenefit plan in Indiana only through an employee benefit plan thathas been filed and approved by the department of insurance.
As added by P.L.1-1992, SEC.149.

IC 27-1-34-4
Annual statement
    Sec. 4. An arrangement shall file an annual statement on a formprescribed by the commissioner.
As added by P.L.1-1992, SEC.149.

IC 27-1-34-5
Application of insurance law
    Sec. 5. Except as provided by this chapter and by IC 27-9, Indianainsurance law does not apply to the operation of multiple employerwelfare arrangements.
As added by P.L.1-1992, SEC.149.

IC 27-1-34-6 Examination of arrangements; revocation or suspension ofcertificate of registration
    Sec. 6. (a) It shall be the duty of the department to examine everydomestic multiple employer welfare arrangement at least every five(5) years or as often as the department in its discretion may deemnecessary. The expense of the examination and or investigations ofsuch arrangements shall be paid by the arrangement so examined.
    (b) The commissioner shall revoke or suspend:
        (1) the certificate of registration to do business in Indiana ofany multiple employer welfare arrangement which refuses topermit such examination described in subsection (a); and
        (2) any certificate of registration when any condition prescribedby law or regulation for the issuance or continuance of thecertificate no longer exists.
As added by P.L.1-1992, SEC.149.

IC 27-1-34-7
Insolvency; notification of department
    Sec. 7. If any domestic multiple employer welfare arrangement isinsolvent or in imminent danger of insolvency, or fails or suspendsoperation between periods of examination authorized, it is a class Amisdemeanor for the highest officer then actively in charge of suchmultiple employer welfare arrangement to knowingly fail to notifythe department immediately of such condition, failure, or suspension.
As added by P.L.1-1992, SEC.149.

IC 27-1-34-8
Reinsurers and insurance producers; multiple employer welfarearrangement
    Sec. 8. (a) A reinsurer may not issue a policy of insurance to amultiple employer welfare arrangement that does not have acertificate of registration from the department.
    (b) An insurance producer licensed by the department may notsolicit, offer, or provide coverage through a multiple employerwelfare arrangement that does not have a certificate of registrationfrom the department.
    (c) A reinsurer or insurance producer who knows or reasonablyshould have known that the arrangement does not have a currentcertificate of registration is liable for any claims for benefits that aredue and unpaid.
As added by P.L.1-1992, SEC.149. Amended by P.L.178-2003,SEC.30.

IC 27-1-34-9
Rules
    Sec. 9. The department of insurance shall adopt rules underIC 4-22-2 necessary to implement this chapter, including but notlimited to:
        (1) certificate of registration requirements;
        (2) reinsurance requirements;        (3) reserve levels;
        (4) deposits;
        (5) financial reporting;
        (6) fidelity bonds; and
        (7) the operations;
of multiple employer welfare arrangements.
As added by P.L.1-1992, SEC.149.

IC 27-1-34-10
Exemptions
    Sec. 10. This chapter does not apply to a multiple employerwelfare arrangement which offers or provides benefits which arefully insured by an authorized insurer or to an arrangement which isexempt under the federal Employee Retirement Income Security Act(29 U.S.C. 1001 et seq.).
As added by P.L.1-1992, SEC.149.