Legislation
SECTION 1108
Insurers exempt from licensing and other requirements
Insurance (ISC) CHAPTER 28, ARTICLE 11
§ 1108. Insurers exempt from licensing and other requirements. The
following insurers, their officers, agents, representatives and
employees shall be exempt from licensing and other requirements imposed
by the provisions of this chapter (except article seventy-four hereof)
to the extent specified below:
(a) Any charitable annuity society which complies with the
requirements of section one thousand one hundred ten of this article, to
the extent therein stated.
(b) Any fraternal benefit society, membership corporation or other
organization exempted under the provisions of article forty-five of this
chapter, to the extent therein stated.
(c) The state insurance fund of this state, except as to the
provisions of subsection (d) of section two thousand three hundred
thirty-nine, section three thousand one hundred ten, subsection (a),
paragraph one of subsection (b), paragraph three of subsection (c) and
subsection (d) of section three thousand two hundred one, sections three
thousand two hundred two, three thousand two hundred four, subsections
(a) through (d) of section three thousand two hundred twenty-one,
subsections (b) and (c) of section four thousand two hundred
twenty-four, section four thousand two hundred twenty-six and
subsections (a) and (b), (g) through (j), and (n) of section four
thousand two hundred thirty-five of this chapter and except as otherwise
specifically provided by the laws of this state.
(d) Any corporate trustee or board of trustees acting pursuant to the
banking law in relation to the fund for insurance of deposits in savings
banks or the fund for insurance of shares of savings and loan
associations.
(e) Any corporation, organized under the laws of any state, solely to
provide gratuitously for support or relief of the priests, clergy or
ministers of any religious denomination, or their dependents, is exempt
from all provisions of this chapter, except that any such corporation,
created by special act of incorporation of this state, which by the
provisions of such act is subject to the requirement of examination by,
and making annual reports to, the superintendent, shall be subject to
the provisions of article three of this chapter relating to examinations
and statements or reports by insurers.
(f) Any retirement system or pension fund that was doing business on
January first, nineteen hundred forty under the education law, the civil
service law, the mental hygiene law, any special act of incorporation of
this state, or any municipal charter adopted under the laws of this
state, exclusively for the benefit of the members of such system or fund
or for all or any classes of the employees of this state or any
municipality thereof, shall be exempt from the provisions of this
chapter, except that if the law under which such system or fund was
organized subjects it to examination by, and the making of annual
reports to, the superintendent, such system or fund shall be subject to
the provisions of article three of this chapter relating to examinations
and statements or reports by insurers.
(g) Any membership corporation or voluntary association organized and
operating in this state prior to January first, nineteen hundred
thirty-nine and its members may act as indemnitors of a licensed
property/casualty insurance company in respect to surety bonds or
policies of insurance required to be filed by such members pursuant to
section three hundred seventy of the vehicle and traffic law and are
exempted from the requirement of having an insurer's license; but no
such membership corporation or association shall become a surety on any
such bond or otherwise do an insurance business.
(h) Any relief department or pension plan of any common carrier
subject to the the Railroad Retirement Act of 1974 (45 U.S.C. § 31),
whose privileges and membership are confined to employees or former
employees of such carrier or its affiliated or subsidiary companies, or
to any association of such common carriers which administers any such
department or plan.
(i) Every blood credit system established by a city, pursuant to
section twenty-one-d of the general city law.
(j) Any group of employers authorized by the workers' compensation
board to provide workers' compensation benefits for the employees of all
member employers pursuant to subdivision three-a of section fifty of the
workers' compensation law.
* (k) A charitable bail organization holding a certificate issued by
the superintendent pursuant to section six thousand eight hundred five
of this chapter.
* NB There are 2 sb§ (k)'s
* (k) An institution of higher education, as defined in paragraph two
of subsection (a) of section one thousand one hundred twenty-four of
this article, that has a certificate of authority from the
superintendent and complies with the requirements of section one
thousand one hundred twenty-four of this article, to the extent therein
stated.
* NB There are 2 sb§ (k)'s
(n) A resolution facility established pursuant to section seven
thousand seven hundred nineteen of this chapter.
following insurers, their officers, agents, representatives and
employees shall be exempt from licensing and other requirements imposed
by the provisions of this chapter (except article seventy-four hereof)
to the extent specified below:
(a) Any charitable annuity society which complies with the
requirements of section one thousand one hundred ten of this article, to
the extent therein stated.
(b) Any fraternal benefit society, membership corporation or other
organization exempted under the provisions of article forty-five of this
chapter, to the extent therein stated.
(c) The state insurance fund of this state, except as to the
provisions of subsection (d) of section two thousand three hundred
thirty-nine, section three thousand one hundred ten, subsection (a),
paragraph one of subsection (b), paragraph three of subsection (c) and
subsection (d) of section three thousand two hundred one, sections three
thousand two hundred two, three thousand two hundred four, subsections
(a) through (d) of section three thousand two hundred twenty-one,
subsections (b) and (c) of section four thousand two hundred
twenty-four, section four thousand two hundred twenty-six and
subsections (a) and (b), (g) through (j), and (n) of section four
thousand two hundred thirty-five of this chapter and except as otherwise
specifically provided by the laws of this state.
(d) Any corporate trustee or board of trustees acting pursuant to the
banking law in relation to the fund for insurance of deposits in savings
banks or the fund for insurance of shares of savings and loan
associations.
(e) Any corporation, organized under the laws of any state, solely to
provide gratuitously for support or relief of the priests, clergy or
ministers of any religious denomination, or their dependents, is exempt
from all provisions of this chapter, except that any such corporation,
created by special act of incorporation of this state, which by the
provisions of such act is subject to the requirement of examination by,
and making annual reports to, the superintendent, shall be subject to
the provisions of article three of this chapter relating to examinations
and statements or reports by insurers.
(f) Any retirement system or pension fund that was doing business on
January first, nineteen hundred forty under the education law, the civil
service law, the mental hygiene law, any special act of incorporation of
this state, or any municipal charter adopted under the laws of this
state, exclusively for the benefit of the members of such system or fund
or for all or any classes of the employees of this state or any
municipality thereof, shall be exempt from the provisions of this
chapter, except that if the law under which such system or fund was
organized subjects it to examination by, and the making of annual
reports to, the superintendent, such system or fund shall be subject to
the provisions of article three of this chapter relating to examinations
and statements or reports by insurers.
(g) Any membership corporation or voluntary association organized and
operating in this state prior to January first, nineteen hundred
thirty-nine and its members may act as indemnitors of a licensed
property/casualty insurance company in respect to surety bonds or
policies of insurance required to be filed by such members pursuant to
section three hundred seventy of the vehicle and traffic law and are
exempted from the requirement of having an insurer's license; but no
such membership corporation or association shall become a surety on any
such bond or otherwise do an insurance business.
(h) Any relief department or pension plan of any common carrier
subject to the the Railroad Retirement Act of 1974 (45 U.S.C. § 31),
whose privileges and membership are confined to employees or former
employees of such carrier or its affiliated or subsidiary companies, or
to any association of such common carriers which administers any such
department or plan.
(i) Every blood credit system established by a city, pursuant to
section twenty-one-d of the general city law.
(j) Any group of employers authorized by the workers' compensation
board to provide workers' compensation benefits for the employees of all
member employers pursuant to subdivision three-a of section fifty of the
workers' compensation law.
* (k) A charitable bail organization holding a certificate issued by
the superintendent pursuant to section six thousand eight hundred five
of this chapter.
* NB There are 2 sb§ (k)'s
* (k) An institution of higher education, as defined in paragraph two
of subsection (a) of section one thousand one hundred twenty-four of
this article, that has a certificate of authority from the
superintendent and complies with the requirements of section one
thousand one hundred twenty-four of this article, to the extent therein
stated.
* NB There are 2 sb§ (k)'s
(n) A resolution facility established pursuant to section seven
thousand seven hundred nineteen of this chapter.