See other bills
under the
same topic
                                 HOUSE AMENDED
        PRIOR PRINTER'S NO. 292                       PRINTER'S NO. 1299

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 548 Session of 2007


        INTRODUCED BY CORMAN, ERICKSON, D. WHITE, VANCE, M. WHITE,
           WONDERLING, FOLMER, WAUGH, GORDNER AND C. WILLIAMS,
           MARCH 8, 2007

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JULY 12, 2007

                                     AN ACT

     1  Establishing the Long-Term Care Partnership Program; and          <--
     2     imposing powers and duties on the Department of Public
     3     Welfare.
     4  AMENDING THE ACT OF MAY 17, 1921 (P.L.682, NO.284), ENTITLED "AN  <--
     5     ACT RELATING TO INSURANCE; AMENDING, REVISING, AND
     6     CONSOLIDATING THE LAW PROVIDING FOR THE INCORPORATION OF
     7     INSURANCE COMPANIES, AND THE REGULATION, SUPERVISION, AND
     8     PROTECTION OF HOME AND FOREIGN INSURANCE COMPANIES, LLOYDS
     9     ASSOCIATIONS, RECIPROCAL AND INTER-INSURANCE EXCHANGES, AND
    10     FIRE INSURANCE RATING BUREAUS, AND THE REGULATION AND
    11     SUPERVISION OF INSURANCE CARRIED BY SUCH COMPANIES,
    12     ASSOCIATIONS, AND EXCHANGES, INCLUDING INSURANCE CARRIED BY
    13     THE STATE WORKMEN'S INSURANCE FUND; PROVIDING PENALTIES; AND
    14     REPEALING EXISTING LAWS," PROVIDING FOR SCOPE OF ARTICLE, FOR
    15     THE DEFINITION OF "LONG-TERM CARE INSURANCE," FOR THE LONG-
    16     TERM CARE PARTNERSHIP PROGRAM, FOR AUTHORITY TO PROMULGATE
    17     REGULATIONS, FOR MARKETING AND ADVERTISING PROHIBITED AND FOR
    18     PENALTIES; AND FURTHER PROVIDING FOR COVERAGE AND
    19     LIMITATIONS.

    20     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22  Section 1.  Short title.                                          <--
    23     This act shall be known and may be cited as the Long-Term
    24  Care Partnership Program.
    25  Section 2.  Long-Term Care Partnership Program.

     1     (a)  Establishment.--There is hereby established the Long-
     2  Term Care Partnership Program, to be administered by the
     3  Department of Public Welfare in accordance with the requirements
     4  for qualified State long-term care insurance partnerships. The
     5  purpose of this program is to reduce future Medicaid costs for
     6  long-term care by delaying or eliminating dependence on Medicaid
     7  by providing incentives for individuals to insure against the
     8  potentially substantial costs that arise upon the need for long-
     9  term care.
    10     (b)  Operation.--In order to implement the program, the
    11  Department of Public Welfare shall file a State plan amendment
    12  with Centers for Medicare and Medicaid Services of the United
    13  States Department of Health and Human Services pursuant to Title
    14  XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396
    15  et seq.) by June 30, 2007. The program, including the treatment
    16  of assets for Medicaid eligibility and estate recovery, shall be
    17  structured and administered by the Department of Public Welfare
    18  in accordance with Federal law and applicable Federal guidelines
    19  for qualified State long-term care partnerships.
    20  Section 3.  Effective date.
    21     This act shall take effect immediately.
    22     SECTION 1.  SECTION 1102 OF THE ACT OF MAY 17, 1921 (P.L.682,  <--
    23  NO.284), KNOWN AS THE INSURANCE COMPANY LAW OF 1921, ADDED
    24  DECEMBER 15, 1992 (P.L.1129, NO.148), IS AMENDED TO READ:
    25     SECTION 1102.  SCOPE OF ARTICLE.--THIS ARTICLE IS NOT
    26  INTENDED TO SUPERSEDE THE OBLIGATIONS OF ENTITIES SUBJECT TO
    27  THIS ARTICLE TO COMPLY WITH THE SUBSTANCE OF OTHER APPLICABLE
    28  INSURANCE LAWS INSOFAR AS THEY DO NOT CONFLICT WITH THIS
    29  ARTICLE, EXCEPT THAT LAWS AND REGULATIONS DESIGNED AND INTENDED
    30  TO APPLY TO MEDICARE SUPPLEMENT INSURANCE POLICIES SHALL NOT BE
    20070S0548B1299                  - 2 -     

     1  APPLIED TO LONG-TERM CARE INSURANCE. A POLICY WHICH IS NOT
     2  ADVERTISED, MARKETED OR OFFERED AS LONG-TERM CARE INSURANCE [OR
     3  NURSING HOME INSURANCE] NEED NOT MEET THE REQUIREMENTS OF THIS
     4  ARTICLE.
     5     SECTION 2.  THE DEFINITION OF "LONG-TERM CARE INSURANCE" IN
     6  SECTION 1103 OF THE ACT, AMENDED NOVEMBER 30, 2004 (P.L.1690,
     7  NO.216), IS AMENDED TO READ:
     8     SECTION 1103.  DEFINITIONS.--AS USED IN THIS ARTICLE, THE
     9  FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO
    10  THEM IN THIS SECTION:
    11     * * *
    12     "LONG-TERM CARE INSURANCE."  ANY INSURANCE POLICY OR RIDER
    13  ADVERTISED, MARKETED, OFFERED OR DESIGNED TO PROVIDE
    14  COMPREHENSIVE COVERAGE FOR EACH COVERED PERSON ON AN EXPENSE-
    15  INCURRED, INDEMNITY, PREPAID OR OTHER BASIS FOR FUNCTIONALLY
    16  NECESSARY OR MEDICALLY NECESSARY DIAGNOSTIC, PREVENTIVE,
    17  THERAPEUTIC, REHABILITATIVE, MAINTENANCE OR PERSONAL CARE
    18  SERVICES PROVIDED IN A SETTING OTHER THAN AN ACUTE CARE UNIT OF
    19  A HOSPITAL. THE TERM INCLUDES A POLICY, RIDER OR PREPAID HOME
    20  HEALTH OR PERSONAL CARE SERVICE POLICY WHICH PROVIDES FOR
    21  PAYMENT OF BENEFITS BASED UPON COGNITIVE IMPAIRMENT OR THE LOSS
    22  OF FUNCTIONAL CAPACITY. THE TERM INCLUDES GROUP AND INDIVIDUAL
    23  POLICIES OR RIDERS ISSUED BY INSURERS, FRATERNAL BENEFIT
    24  SOCIETIES, NONPROFIT HEALTH, HOSPITAL AND MEDICAL SERVICE
    25  CORPORATIONS, HEALTH MAINTENANCE ORGANIZATIONS OR SIMILAR
    26  ORGANIZATIONS. THE TERM DOES NOT INCLUDE ANY INSURANCE POLICY
    27  WHICH IS OFFERED PRIMARILY TO PROVIDE BASIC MEDICARE SUPPLEMENT
    28  COVERAGE, BASIC HOSPITAL EXPENSE COVERAGE, BASIC MEDICAL-
    29  SURGICAL EXPENSE COVERAGE, HOSPITAL CONFINEMENT INDEMNITY
    30  COVERAGE, MAJOR MEDICAL EXPENSE COVERAGE, DISABILITY INCOME
    20070S0548B1299                  - 3 -     

     1  PROTECTION COVERAGE, ACCIDENT-ONLY COVERAGE, SPECIFIED DISEASE
     2  OR SPECIFIED ACCIDENT COVERAGE OR LIMITED BENEFIT HEALTH
     3  COVERAGE.
     4     * * *
     5     SECTION 3.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
     6     SECTION 1110.1.  LONG-TERM CARE PARTNERSHIP PROGRAM.--(A)
     7  THERE IS HEREBY ESTABLISHED THE LONG-TERM CARE PARTNERSHIP
     8  PROGRAM, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WELFARE
     9  IN ACCORDANCE WITH THE REQUIREMENTS FOR QUALIFIED STATE LONG-
    10  TERM CARE INSURANCE PARTNERSHIPS. THE PURPOSE OF THIS PROGRAM IS
    11  TO REDUCE FUTURE MEDICAID COSTS FOR LONG-TERM CARE BY DELAYING
    12  OR ELIMINATING DEPENDENCE ON MEDICAID BY PROVIDING INCENTIVES
    13  FOR INDIVIDUALS TO ENSURE AGAINST THE POTENTIALLY SUBSTANTIAL
    14  COSTS THAT ARISE UPON THE NEED FOR LONG-TERM CARE.
    15     (B)  IN ORDER TO IMPLEMENT THE PROGRAM, THE DEPARTMENT OF
    16  PUBLIC WELFARE SHALL FILE A STATE PLAN AMENDMENT WITH CENTERS
    17  FOR MEDICARE AND MEDICAID SERVICES OF THE UNITED STATES
    18  DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO TITLE XIX OF
    19  THE SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C. § 1396 ET SEQ.)
    20  WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS SECTION. THE
    21  PROGRAM, INCLUDING THE TREATMENT OF ASSETS FOR MEDICAID
    22  ELIGIBILITY AND ESTATE RECOVERY, SHALL BE STRUCTURED AND
    23  ADMINISTERED BY THE DEPARTMENT OF PUBLIC WELFARE IN ACCORDANCE
    24  WITH FEDERAL LAW AND APPLICABLE FEDERAL GUIDELINES FOR QUALIFIED
    25  STATE LONG-TERM CARE PARTNERSHIPS.
    26     (C)  THE DEPARTMENT SHALL REQUIRE ALL INSURERS OFFERING A
    27  QUALIFIED LONG-TERM CARE PARTNERSHIP PROGRAM POLICY TO OFFER TO
    28  EXCHANGE ANY POLICY OR CERTIFICATE ISSUED BETWEEN FEBRUARY 8,
    29  2006, AND THE DATE THE STATE PLAN AMENDMENT TAKES EFFECT, WITH A
    30  QUALIFIED LONG-TERM CARE PARTNERSHIP PROGRAM POLICY. THE
    20070S0548B1299                  - 4 -     

     1  FOLLOWING SHALL APPLY:
     2     (1)  ALL OFFERS OF EXCHANGE SHALL BE SUBJECT TO THE OUTLINE
     3  OF COVERAGE PROVISIONS SET FORTH UNDER SECTION 1111 AND ALL
     4  APPLICABLE REGULATIONS.
     5     (2)  POLICIES EXCHANGED UNDER THIS PROVISION, IF THERE IS NO
     6  CHANGE IN COVERAGE MATERIAL TO THE RISK, SHALL NOT BE SUBJECT TO
     7  ANY MEDICAL UNDERWRITING OR APPROVAL PROCESS.
     8     (3)  ANY PORTION OF THE POLICY THAT WAS ISSUED PRIOR TO THE
     9  EXCHANGE DATE SHALL BE PRICED BASED ON THE POLICYHOLDER'S AGE
    10  WHEN THE POLICY WAS ORIGINALLY ISSUED.
    11     (4)  ANY PORTION OF THE POLICY THAT IS ADDED AS A RESULT OF
    12  THE EXCHANGE MAY BE PRICED BASED ON THE POLICYHOLDER'S AGE AT
    13  THE TIME OF THE EXCHANGE.
    14     (5)  ANY ADDITION TO A POLICY AS A RESULT OF ANY EXCHANGE
    15  SHALL BE SUBJECT TO THE RIGHT TO RETURN SET FORTH UNDER SECTION
    16  1110 AND ALL APPLICABLE REGULATIONS.
    17     SECTION 4.  SECTIONS 1112, 1113 AND 1114 OF THE ACT, ADDED
    18  DECEMBER 15, 1992 (P.L.1129, NO.148), ARE AMENDED TO READ:
    19     SECTION 1112.  AUTHORITY TO PROMULGATE REGULATIONS.--THE
    20  DEPARTMENT SHALL PROMULGATE REASONABLE REGULATIONS TO ESTABLISH
    21  MINIMUM STANDARDS FOR MARKETING PRACTICES, [AGENT] PRODUCER
    22  COMPENSATION ARRANGEMENTS, [AGENT] PRODUCER TESTING, PENALTIES
    23  AND REPORTING PRACTICES FOR LONG-TERM CARE INSURANCE.
    24     SECTION 1113.  MARKETING AND ADVERTISING PROHIBITED.--NO
    25  POLICY MAY BE ADVERTISED, MARKETED OR OFFERED AS LONG-TERM CARE
    26  [OR NURSING HOME] INSURANCE UNLESS IT COMPLIES WITH THE
    27  PROVISIONS OF THIS ARTICLE.
    28     SECTION 1114.  PENALTIES.--IN ADDITION TO ANY OTHER PENALTIES
    29  PROVIDED BY THE LAWS OF THIS COMMONWEALTH, AN INSURER OR [AGENT]
    30  PRODUCER FOUND TO HAVE VIOLATED REQUIREMENTS RELATING TO THE
    20070S0548B1299                  - 5 -     

     1  REGULATIONS OF LONG-TERM CARE INSURANCE OR THE MARKETING OF SUCH
     2  INSURANCE SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO THREE
     3  TIMES THE AMOUNT OF ANY COMMISSIONS PAID FOR EACH POLICY
     4  INVOLVED IN THE VIOLATION OR TEN THOUSAND DOLLARS ($10,000),
     5  WHICHEVER IS GREATER.
     6     SECTION 5.  SECTION 1703 OF THE ACT, ADDED DECEMBER 18, 1992
     7  (P.L.1519, NO.178), IS AMENDED TO READ:
     8     SECTION 1703.  COVERAGE AND LIMITATIONS.--(A)  THIS ARTICLE
     9  SHALL PROVIDE COVERAGE TO THE FOLLOWING PERSONS FOR THE POLICIES
    10  AND CONTRACTS SPECIFIED IN SUBSECTION (B):
    11     (1)  TO PERSONS WHO, REGARDLESS OF WHERE THEY RESIDE, EXCEPT
    12  FOR NONRESIDENT CERTIFICATE HOLDERS UNDER GROUP POLICIES OR
    13  CONTRACTS, ARE THE BENEFICIARIES, ASSIGNEES OR PAYEES OF THE
    14  PERSONS COVERED UNDER PARAGRAPH (2).
    15     (2)  TO PERSONS WHO ARE OWNERS OF OR CERTIFICATE HOLDERS
    16  UNDER THESE POLICIES OR CONTRACTS OR, IN THE CASE OF UNALLOCATED
    17  ANNUITY CONTRACTS, TO THE PERSONS WHO ARE THE CONTRACT HOLDERS
    18  AND WHO:
    19     (I)  ARE RESIDENTS; OR
    20     (II)  ARE NOT RESIDENTS, BUT ONLY UNDER ALL OF THE FOLLOWING
    21  CONDITIONS:
    22     (A)  THE INSURERS WHICH ISSUED SUCH POLICIES OR CONTRACTS ARE
    23  DOMICILED IN THIS COMMONWEALTH;
    24     (B)  SUCH INSURERS NEVER HELD A LICENSE OR CERTIFICATE OF
    25  AUTHORITY IN THE STATES IN WHICH SUCH PERSONS RESIDE;
    26     (C)  THESE STATES HAVE ASSOCIATIONS SIMILAR TO THE
    27  ASSOCIATION CREATED BY THIS ARTICLE; AND
    28     (D)  THESE PERSONS ARE NOT ELIGIBLE FOR COVERAGE BY THOSE
    29  ASSOCIATIONS.
    30     (B)  (1)  THIS ARTICLE SHALL PROVIDE COVERAGE TO THE PERSONS
    20070S0548B1299                  - 6 -     

     1  SPECIFIED IN SUBSECTION (A) FOR DIRECT, NONGROUP LIFE, HEALTH,
     2  ANNUITY AND SUPPLEMENTAL POLICIES OR CONTRACTS, FOR CERTIFICATES
     3  UNDER DIRECT GROUP POLICIES AND CONTRACTS AND FOR UNALLOCATED
     4  ANNUITY CONTRACTS ISSUED BY MEMBER INSURERS, EXCEPT AS LIMITED
     5  BY THIS ARTICLE. ANNUITY CONTRACTS AND CERTIFICATES UNDER GROUP
     6  ANNUITY CONTRACTS INCLUDE, BUT ARE NOT LIMITED TO, GUARANTEED
     7  INVESTMENT CONTRACTS, DEPOSIT ADMINISTRATION CONTRACTS,
     8  UNALLOCATED FUNDING AGREEMENTS, ALLOCATED FUNDING AGREEMENTS,
     9  STRUCTURED SETTLEMENT AGREEMENTS, LOTTERY CONTRACTS AND ANY
    10  IMMEDIATE OR DEFERRED ANNUITY CONTRACTS.
    11     (2)  THIS ARTICLE SHALL NOT PROVIDE COVERAGE FOR ANY OF THE
    12  FOLLOWING:
    13     (I)  ANY PORTION OF A POLICY OR CONTRACT NOT GUARANTEED BY
    14  THE INSURER OR UNDER WHICH THE RISK IS BORNE BY THE POLICY OR
    15  CONTRACT HOLDER.
    16     (II)  ANY POLICY OR CONTRACT OF REINSURANCE, UNLESS
    17  ASSUMPTION CERTIFICATES HAVE BEEN ISSUED.
    18     (III)  ANY PORTION OF A POLICY OR CONTRACT TO THE EXTENT THAT
    19  THE RATE OF INTEREST ON WHICH IT IS BASED:
    20     (A)  AVERAGED OVER THE PERIOD OF FOUR (4) YEARS PRIOR TO THE
    21  DATE ON WHICH THE ASSOCIATION BECOMES OBLIGATED WITH RESPECT TO
    22  SUCH POLICY OR CONTRACT, EXCEEDS A RATE OF INTEREST DETERMINED
    23  BY SUBTRACTING TWO (2) PERCENTAGE POINTS FROM MOODY'S CORPORATE
    24  BOND YIELD AVERAGE AVERAGED FOR THE SAME FOUR-YEAR PERIOD OR FOR
    25  SUCH LESSER PERIOD IF THE POLICY OR CONTRACT WAS ISSUED LESS
    26  THAN FOUR (4) YEARS BEFORE THE ASSOCIATION BECAME OBLIGATED; AND
    27     (B)  ON AND AFTER THE DATE ON WHICH THE ASSOCIATION BECOMES
    28  OBLIGATED WITH RESPECT TO SUCH POLICY OR CONTRACT, EXCEEDS THE
    29  RATE OF INTEREST DETERMINED BY SUBTRACTING THREE (3) PERCENTAGE
    30  POINTS FROM MOODY'S CORPORATE BOND YIELD AVERAGE AS MOST
    20070S0548B1299                  - 7 -     

     1  RECENTLY AVAILABLE.
     2     (IV)  ANY PLAN OR PROGRAM OF AN EMPLOYER, ASSOCIATION OR
     3  SIMILAR ENTITY TO PROVIDE LIFE, HEALTH OR ANNUITY BENEFITS TO
     4  ITS EMPLOYES OR MEMBERS TO THE EXTENT THAT SUCH PLAN OR PROGRAM
     5  IS SELF-FUNDED OR UNINSURED, INCLUDING, BUT NOT LIMITED TO,
     6  BENEFITS PAYABLE BY AN EMPLOYER, ASSOCIATION OR SIMILAR ENTITY
     7  UNDER:
     8     (A)  A MULTIPLE EMPLOYER WELFARE ARRANGEMENT AS DEFINED IN
     9  SECTION 514 OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
    10  1974;
    11     (B)  A MINIMUM PREMIUM GROUP INSURANCE PLAN;
    12     (C)  A STOP-LOSS GROUP INSURANCE PLAN; OR
    13     (D)  AN ADMINISTRATIVE SERVICES ONLY CONTRACT.
    14     (V)  ANY PORTION OF A POLICY OR CONTRACT TO THE EXTENT THAT
    15  IT PROVIDES DIVIDENDS OR EXPERIENCE RATING CREDITS OR PROVIDES
    16  THAT ANY FEES OR ALLOWANCES TO BE PAID TO ANY PERSON, INCLUDING
    17  THE POLICYHOLDER OR CONTRACT HOLDER, IN CONNECTION WITH THE
    18  SERVICE TO OR ADMINISTRATION OF SUCH POLICY OR CONTRACT.
    19     (VI)  ANY POLICY OR CONTRACT ISSUED IN THIS COMMONWEALTH BY A
    20  MEMBER INSURER AT A TIME WHEN IT WAS NOT LICENSED OR DID NOT
    21  HAVE A CERTIFICATE OF AUTHORITY TO ISSUE SUCH POLICY OR CONTRACT
    22  IN THIS COMMONWEALTH.
    23     (VII)  ANY UNALLOCATED ANNUITY CONTRACT ISSUED TO AN EMPLOYE
    24  BENEFIT PLAN PROTECTED UNDER THE FEDERAL PENSION BENEFIT
    25  GUARANTY CORPORATION.
    26     (VIII)  ANY PORTION OF ANY UNALLOCATED ANNUITY CONTRACT WHICH
    27  IS NOT ISSUED TO OR IN CONNECTION WITH A SPECIFIC EMPLOYE, UNION
    28  OR ASSOCIATION OF NATURAL PERSONS BENEFIT PLAN OR A GOVERNMENT
    29  LOTTERY.
    30     (C)  (1)  THE BENEFITS FOR WHICH THE ASSOCIATION MAY BECOME
    20070S0548B1299                  - 8 -     

     1  LIABLE SHALL IN NO EVENT EXCEED THE LESSER OF:
     2     (I)  THE CONTRACTUAL OBLIGATIONS FOR WHICH THE INSURER IS
     3  LIABLE OR WOULD HAVE BEEN LIABLE IF IT WERE NOT AN IMPAIRED OR
     4  INSOLVENT INSURER; OR
     5     (II)  (A)  WITH RESPECT TO ANY ONE LIFE, REGARDLESS OF THE
     6  NUMBER OF POLICIES OR CONTRACTS, THE FOLLOWING SHALL APPLY:
     7     (I)  THREE HUNDRED THOUSAND ($300,000) DOLLARS IN LIFE
     8  INSURANCE DEATH BENEFITS, BUT NOT MORE THAN ONE HUNDRED THOUSAND
     9  ($100,000) DOLLARS IN NET CASH SURRENDER AND NET CASH WITHDRAWAL
    10  VALUES FOR LIFE INSURANCE.
    11     (II)  [ONE HUNDRED THOUSAND ($100,000) DOLLARS] THREE HUNDRED
    12  THOUSAND ($300,000) DOLLARS IN HEALTH INSURANCE BENEFITS,
    13  INCLUDING ANY NET CASH SURRENDER AND NET CASH WITHDRAWAL VALUES.
    14     (III)  THREE HUNDRED THOUSAND ($300,000) DOLLARS IN ANNUITY
    15  BENEFITS, INCLUDING ONE HUNDRED THOUSAND ($100,000) DOLLARS IN
    16  NET CASH SURRENDER AND NET CASH WITHDRAWAL VALUES.
    17     (IV)  THREE HUNDRED THOUSAND ($300,000) DOLLARS IN LONG-TERM
    18  CARE INSURANCE BENEFITS, AS DEFINED UNDER SECTION 1103,
    19  INCLUDING ANY CASH SURRENDER AND NET CASH WITHDRAWAL VALUES.
    20     (B)  WITH RESPECT TO EACH INDIVIDUAL PARTICIPATING IN A
    21  GOVERNMENTAL RETIREMENT PLAN ESTABLISHED UNDER SECTION 401,
    22  403(B) OR 457 OF THE INTERNAL REVENUE CODE OF 1986 COVERED BY AN
    23  UNALLOCATED ANNUITY CONTRACT OR THE BENEFICIARIES OF EACH SUCH
    24  INDIVIDUAL IF DECEASED, IN THE AGGREGATE, THREE HUNDRED THOUSAND
    25  ($300,000) DOLLARS IN ANNUITY BENEFITS, INCLUDING ONE HUNDRED
    26  THOUSAND ($100,000) DOLLARS IN NET CASH SURRENDER AND NET CASH
    27  WITHDRAWAL VALUES.
    28     (C)  WITH RESPECT TO ANY ONE CONTRACT HOLDER COVERED BY ANY
    29  UNALLOCATED ANNUITY CONTRACT NOT INCLUDED IN CLAUSE (B), FIVE
    30  MILLION ($5,000,000) DOLLARS IN BENEFITS, IRRESPECTIVE OF THE
    20070S0548B1299                  - 9 -     

     1  NUMBER OF SUCH CONTRACTS HELD BY THAT CONTRACT HOLDER.
     2     (2)  THE ASSOCIATION SHALL NOT, HOWEVER, BE LIABLE TO EXPEND
     3  MORE THAN THREE HUNDRED THOUSAND ($300,000) DOLLARS IN THE
     4  AGGREGATE WITH RESPECT TO ANY ONE INDIVIDUAL UNDER SUBPARAGRAPH
     5  (II)(A) AND (B) OF PARAGRAPH (1).
     6     SECTION 6.  THE AMENDMENT OF SECTION 1703(C)(1)(II)(A)(II)
     7  AND (IV) SHALL APPLY TO AN INSOLVENCY OCCURRING ON OR AFTER THE
     8  EFFECTIVE DATE OF THIS SECTION.
     9     SECTION 7.  THE AMENDMENT OF SECTION 1103 OF THE ACT SHALL
    10  APPLY TO ALL POLICIES ISSUED ON OR AFTER THE EFFECTIVE DATE OF
    11  THIS ACT.
    12     SECTION 8.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    13         (1)  SECTIONS 5 AND 6 OF THIS ACT AND THIS SECTION SHALL
    14     TAKE EFFECT IMMEDIATELY.
    15         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
    16     DAYS.










    C5L62JS/20070S0548B1299         - 10 -