O.C.G.A.
O.C.G.A.

O.C.G.A. § 33-38-5 (2019)

Creation; required membership; functions and powers; supervision of association; accounts for administration and assessment

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) There is created a nonprofit, unincorporated association to be known as the Georgia Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance, a health maintenance organization business, or a health care corporation business in this state. The association shall perform its functions under the plan of operation established and approved under Code Section 33-38-8 and shall exercise its powers through a board of directors established under Code Section 33-38-6.

(b) The association shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state.

(c) For purposes of administration and assessment, the association shall maintain two accounts: (1) the health insurance account; and (2) the life insurance and annuity account. The life insurance and annuity account shall contain three subaccounts: (A) the life insurance account;

(B) the annuity account; and (C) the unallocated annuity account.

(d) For purposes of assessment, supplemental contracts shall be covered under the account in which the basic policy is covered.

History

Code 1933, § 56-2204, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1988, p. 1900, § 3; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 4/HB 1050.

The 2020 amendment, effective July 1, 2020, inserted ‘‘, a health maintenance organization business, or a health care corporation business’’ in the second sentence of subsection (a).

Annotations

The 2012 amendment, effective July 1, 2012, deleted "which shall include contracts qualified under Section 403(b) of the United States Internal Revenue Code" following "annuity account" near the end of subsection (c); and substituted "supplemental" for "supplementary" in subsection (d).

RESEARCH REFERENCES

Am. Jur. 2d. - 2 Am. Jur. 2d, Administrative Law, § 22.

C.J.S. - 73 C.J.S., Public Administrative Law and Procedure, § 9.