§ 4312. Employment of solicitors; pension plans. (a) 1. Every
corporation subject to the provisions of this article may employ
solicitors or accept business from agents and brokers on a commission
basis, but all solicitors shall be paid on a salary basis only. It is
expressly provided such solicitors are exempt from obtaining a license.
Commissions shall be included in the corporation's rate manual and rate
filings and commissions payable by health maintenance organizations
organized under this article or health maintenance organizations
operating as a line of business of corporations organized under this
article shall continue to be subject to existing regulations governing
commissions payable by health maintenance organizations.

2. Any corporation exercising the authority granted in paragraph one
of this subsection shall provide to the superintendent at the time a
corporation commences the use of agents and brokers on a commission
basis, a detailed plan explaining the purpose for which agents and
brokers are to be utilized, the lines of business or products where
agents and brokers are to be utilized, the commission scales to be
employed in compensating such agents and brokers, and such other
information as required by the superintendent.

(b) No corporation subject to the provisions of this article shall
hereafter enter into any agreement, directly or indirectly, with an
officer, director or salaried employee of such corporation whereby it
agrees that for any services rendered or to be rendered he shall receive
any salary, compensation or emolument that will extend beyond a period
of thirty-six months from the date of such agreement, except that
payment of an amount not in excess of twenty percent for the years
nineteen hundred eighty-five and nineteen hundred eighty-six and
thirty-three and one-third percent for the year nineteen hundred
eighty-seven and thereafter of the salary or other compensation of any
of its officers or employees, other than a mechanic, workingman or
laborer, may by written contract be deferred beyond such period of
thirty-six months, which contract may include conditions to be met by
such officer or employee before payment will be made. No such
corporation shall grant any pension to any officer, director or trustee
thereof or to any member of his family after death, except that such
corporation may, in pursuance of the terms of a retirement plan adopted
by the board of directors of such corporation and approved by the
superintendent, provide for any person who is a salaried officer or
employee of such corporation, a pension payable at the time of his
retirement by reason of age or disability, and also life insurance
benefits payable at his death.