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Arkansas Code Title 23. Public Utilities and Regulated Industries § 23-92-101. Registration or licensure required

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) “Multiple employer welfare arrangement” has the same meaning as under 29 U.S.C. § 1002(40), as it existed on January 1, 2019.

(b)(1) A fully insured multiple employer trust and fully insured multiple employer welfare arrangement that intends to provide benefits to citizens of this state shall register with the Insurance Commissioner before soliciting or enrolling members or before conducting any other business activity in Arkansas.

(2)(A) Each fully insured multiple employer trust and fully insured multiple employer welfare arrangement under this section that is conducting any business activity in Arkansas shall register with the commissioner.

(B) After the initial registration, a fully insured multiple employer trust and fully insured multiple employer welfare arrangement under this section that conducts business in Arkansas shall register with the commissioner no later than January 1 of each year for as long as it continues to do business in Arkansas.

(c)(1) A multiple employer trust or multiple employer welfare arrangement that is not fully insured shall obtain a certificate of authority under rules promulgated by the commissioner before doing business in Arkansas.

(2) In order to remain licensed, a multiple employer trust or multiple employer welfare arrangement that is not fully insured shall comply with applicable terms of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., as it existed on January 1, 2019.

(3)(A) The commissioner shall adopt rules regulating multiple employer trusts and multiple employer welfare arrangements that are not fully insured.

(B) The rules shall include information and procedures concerning:

(i) The criteria and application for obtaining a certificate of authority from the State Insurance Department to conduct business in Arkansas that are not inconsistent with 29 C.F.R. § 2510.3-1 et seq., as it existed on January 1, 2019;

(ii) The benefits to be offered that are not inconsistent with similarly situated single employer plans;

(iii) Financial requirements consistent with sound actuarial principles;

(iv) Fees;

(v) Insolvency procedures;

(vi) Examinations;

(vii) Filing of forms and rates;

(viii) Written disclosures and other consumer protections;

(ix) Reporting requirements;

(x) Excess or stop loss insurance; and

(xi) Other factors the commissioner deems necessary for the effective regulation of multiple employer welfare trusts and multiple employer welfare arrangements that are not fully insured, if the requirements are not inconsistent with 29 C.F.R. § 2510.3-1 et seq., as it existed on January 1, 2019.

(C) The rules described in subdivision (c)(3)(B) of this section shall allow that reserves of an association that sponsors a multiple employer welfare arrangement may be established by either a cash deposit or a line of credit that is used as a source of a cash reserve.

(D) The rules described in subdivision (c)(3)(B) of this section shall not require an association that sponsors a multiple employer welfare arrangement:

(i) To disclose to the public the address of a trustee for a trust agreement of a multiple employer welfare arrangement if that trustee is not the designated administrator of the summary plan of the association; or

(ii) To be organized and in active existence for more than one (1) year if the association has at least one (1) substantial business purpose other than obtaining insurance or insuring an association's members or employees or the employees of members of the association for the benefit of a person other than the association or the association's officers or trustees.

(d)(1) To the extent permitted by federal law, a fully insured or self-insured multiple employer welfare arrangement may include employers in a common trade or industry, employers representing two (2) or more trades or industries, sole proprietors, or working owners as defined in 29 C.F.R. § 2510.3-5(e), as it existed on January 1, 2019.

(2) The rules by which the multiple employer welfare arrangement shall abide are determined at the aggregate level so that in an arrangement in which the total number of employers in the multiple employer welfare arrangement, including working owners, exceeds fifty (50), the multiple employer welfare arrangement is subject to the requirements of the large group market.

(3) The commissioner may by rule allow any type of business organization, whether for-profit or nonprofit, to form an association or group of employers in the multiple employer trust or multiple employer welfare arrangement.

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Cite this article: FindLaw.com - Arkansas Code Title 23. Public Utilities and Regulated Industries § 23-92-101. Registration or licensure required - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-23-public-utilities-and-regulated-industries/ar-code-sect-23-92-101/

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