§ 38a-129 — (Formerly Sec. 38-39a). Purpose. Definitions. Applicability to captive insurance companies.

Connecticut § 38a-129

• Jurisdiction: Connecticut
• Title 38a: Insurance
• Ch. 698: Insurers

Text

(a) It shall be the purpose of sections 38a-129 to 38a-140, inclusive, to safeguard the financial security of Connecticut domestic insurance companies by empowering the Insurance Commissioner to supervise the activities of insurance companies doing business within this state which are affiliated with an insurance holding company system, to review the acquisition of control over the management of domestic insurance companies, however effectuated, and to provide standards for such supervision and review. (b) As used in sections 38a-129 to 38a-140 , inclusive, the following terms shall have the respective meanings hereinafter set forth, unless the context shall otherwise require: (1) “Affiliate” or “affiliated” has the same meaning as provided in section 38a-1 ; (2) “Commissioner” means the Insurance Commissioner and any assistant to the Insurance Commissioner designated and authorized by the commissioner while acting under such designation; (3) “Control”, “controlled by” or “under common control with” has the same meaning as provided in section 38a-1 ; (4) “Enterprise risk” means any activity, circumstance, event or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or the insurer's insurance holding company system as a whole, including, but not limited to, any activity, circumstance, event or series of events that would cause an insurer's risk-based capital to fall below minimum threshold levels, as described in subsection (d) of section 38a-72 or, for a health care center, in subdivision (2) of subsection (a) of section 38a-193 , or would cause the insurer to be in a hazardous financial condition; (5) “Group capital calculation instructions” means the Group Capital Calculation Instructions and Reporting Template as adopted by the NAIC and as amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC; (6) “Insurance holding company system” means two or more affiliated persons, one or more of which is an insurance company; (7) “Insurance company” or “insurer” has the same meaning as provided in section 38a-1 , except that it does not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state; (8) “NAIC” means the National Association of Insurance Commissioners; (9) “NAIC liquidity stress test framework” means the NAIC Liquidity Stress Test Framework publication which includes a history of the NAIC's development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity stress test instructions and reporting templates for a specific data year, such scope criteria, instructions, and reporting template being as adopted by the NAIC and as amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC; (10) “Person” has the same meaning as provided in section 38a-1 , or any combination of persons so defined acting in concert; (11) “Scope criteria” means the designated exposure bases along with minimum magnitudes thereof for the specified data year used to establish a preliminary list of insurers considered scoped into the NAIC liquidity stress test framework for that data year; (12) A “securityholder” of a specified person means one who owns any security of such person, including common stock, preferred stock, debt obligations and any other security convertible into or evidencing the right to acquire any of the foregoing; (13) “Subsidiary” has the same meaning as provided in section 38a-1 ; and (14) “Voting security” includes any security convertible into or evidencing a right to acquire a voting security. (c) The provisions of sections 38a-129 to 38a-140 , inclusive, shall apply to captive insurance companies, as defined in section 38a-91aa , as specified in section 38a-91oo .

Legislative History

(1969, P.A. 444, S. 1; P.A. 77-614, S. 163, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 275, 345, 348; P.A. 85-16, S. 1, 6; P.A. 90-243, S. 13; P.A. 92-93, S. 42; 92-112, S. 13, 35; P.A. 04-174, S. 3; P.A. 12-103, S. 1; P.A. 14-6, S. 7; P.A. 15-144, S. 5; P.A. 22-118, S. 212.) History: P.A. 77-614 and 78-303 placed insurance commissioner within the department of business regulation and made insurance department a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance commissioner and division to prior independent status and abolished the department of business regulation; P.A. 85-16 inserted new Subsec. (a), stating the purpose of Secs. 38-39a to 38-39 l , inclusive, designated prior provisions as Subsec. (b) and replaced alphabetic Subdiv. indicators with numeric indicators; P.A. 90-243 added a definition for “affiliate” and “affiliated” and made technical corrections for clarity; Sec. 38-39a transferred to Sec. 38a-129 in 1991; P.A. 92-93 and 92-112 amended Subsec. (a) to empower the commissioner to supervise insurers which are affiliated with an insurance holding company system, added Subsec. (b)(7) and (9) defining “securityholder”, and “voting security”, renumbering former Subdiv. (7) as (8), and made technical corrections for statutory consistency; P.A. 04-174 amended Subsec. (b)(3) to delete “pursuant to subsection (j) of section 38a-135” re rebutting presumption that control exists; P.A. 12-103 amended Subsec. (b) to add new Subdivs. (4) and (7) defining “enterprise risk” and “NAIC”, redesignate existing Subdivs. (4) to (9) as Subdivs. (5), (6) and (8) to (11), add provision re commissioner to make specific findings of fact to support determination that control exists in fact in Subdiv. (3) and make technical changes; P.A. 14-6 added Subsec. (c) re applicability of Secs. 38a-129 to 38a-140 to captive insurance companies; P.A. 15-144 amended Subsec. (b)(3) to delete provisions re presumption of control, effective July 1, 2015; P.A. 22-118 amended Subsec. (b) to add new Subdivs. (5), (9) and (11) defining “group capital calculation instructions”, “NAIC liquidity stress test framework” and “scope criteria”, and to redesignate existing Subdivs. (5) as (6), (6) as (7), (7) as (8), (8) as (10), (9) as (12), (10) as (13) and (11) as (14) and made a technical correction for clarity, effective July 1, 2022. Annotation to former section 38-39a: Cited. 184 C. 352.