PRINTER'S NO. 3438
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2115
Session of
2015
INTRODUCED BY QUINN, PICKETT, DeLUCA, J. HARRIS, V. BROWN,
CALTAGIRONE, FARRY, PHILLIPS-HILL, KOTIK, MILLARD, MURT,
READSHAW, WARD, WATSON AND ZIMMERMAN, MAY 27, 2016
REFERRED TO COMMITTEE ON INSURANCE, MAY 27, 2016
AN ACT
Amending the act of May 17, 1921 (P.L.789, No.285), entitled, as
amended, "An act relating to insurance; establishing an
insurance department; and amending, revising, and
consolidating the law relating to the licensing,
qualification, regulation, examination, suspension, and
dissolution of insurance companies, Lloyds associations,
reciprocal and inter-insurance exchanges, and certain
societies and orders, the examination and regulation of fire
insurance rating bureaus, and the licensing and regulation of
insurance agents and brokers; the service of legal process
upon foreign insurance companies, associations or exchanges;
providing penalties, and repealing existing laws," in
Insurance Department, providing for life insurance database.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 17, 1921 (P.L.789, No.285), known
as The Insurance Department Act of 1921, is amended by adding a
section to read:
Section 207A. Life Insurance Database.--(a) The Insurance
Department shall maintain an electronic database of contact
information for each life insurer that has life insurance
policies in force in this Commonwealth.
(b) Beginning on January 1, 2016, any member of the family
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who has requested and obtained a copy of the decedent's death
certificate, executor or administrator of a decedent, who is
searching for life insurance policies covering the decedent may
file a request with the department for a search pursuant to this
section if the decedent was a resident or former resident of
this Commonwealth. The request shall include a copy of the
decedent's death certificate. The right to file a request for a
search pursuant to this section may not be assigned.
(c) The department shall transmit a search request to all
life insurers having life insurance policies in force in this
Commonwealth, along with information necessary for responding
directly to the person filing the request. Each insurer shall
examine its books and records to determine whether the decedent
is covered by a life insurance policy, and upon a finding that
coverage does exist, the insurer shall directly notify the
person filing the request.
(d) Insurers of credit life insurance, as defined in section
2 of the act of September 2, 1961 (P.L.1232, No.540), known as
the "Model Act for the Regulation of Credit Life Insurance and
Credit Accident and Health Insurance," are exempt from the
provisions of this act.
(e) The department may charge a fee of ten dollars ($10) for
each search request processed through the database. Beginning
one year after the effective date of this section the department
shall have authority to increase the fee charged. The fee
increase may not exceed:
(1) an annual cost-of-living adjustment as calculated by
applying the percentage increase in the Consumer Price Index for
All Urban Consumers (CPI-U) for the Pennsylvania, New Jersey,
Delaware and Maryland area for the most recent twelve-month
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period for which figures have been officially reported by the
United States Department of Labor, Bureau of Labor Statistics;
and
(2) twenty per centum (20%) annually.
(f) The department may promulgate rules and regulations
necessary to implement the provisions of this section.
Section 2. This act shall take effect January 1, 2016, or
immediately, whichever is later.
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