(215 ILCS 5/Art. VIID heading)
(Source: P.A. 93-918, eff. 1-1-05.)
(215 ILCS 5/123D-1)
Sec. 123D-1. Purpose; construction. The purpose of this Article is to provide for the organization of and
issuance
of a certificate of authority to nonprofit risk organizations that insure
nonprofit
organizations and that will qualify, and continue to qualify, as a qualified
charitable risk
pool, as defined in subsection (n) of Section 501 of the Internal Revenue Code.
(Source: P.A. 93-918, eff. 1-1-05.)
(215 ILCS 5/123D-5)
Sec. 123D-5. Definitions. As used in this Article:
“Member” means a nonprofit organization that participates as an insured in a nonprofit risk organization.
“Nonmember charitable organization” has the meaning set forth in
subsection (n) of Section 501 of the Internal Revenue Code.
“Nonprofit organizations” means organizations described in paragraph (3) of
subsection (c), and exempt from taxation under subsection (a), of Section 501
of the
Internal Revenue Code.
“Nonprofit risk organization” means a nonprofit company organized to do
business solely with nonprofit organizations as a qualified charitable risk
pool under
subsection (n) of Section 501 of the Internal Revenue Code that is organized in
accordance with this Article.
“Startup capital” has the meaning set forth in subsection (n) of
Section 501
of the Internal Revenue Code.
(Source: P.A. 93-918, eff. 1-1-05.)
(215 ILCS 5/123D-10)
Sec. 123D-10. Organization of nonprofit risk organizations.
(a) A company organized pursuant to Articles III or IV, including such
companies organized as a risk retention group in this State pursuant to Article
VIIB of
this Code, that satisfies the requirements of this Article may be organized as
a nonprofit
risk organization.
(b) Notwithstanding any contrary provision in subsection A of Section 123B-3
of
this Code, a nonprofit risk organization may be organized as a reciprocal
insurance
company and qualify for organization under Article VIIB as a risk retention
group.
(c) No nonprofit risk organization issued a certificate of authority
pursuant to this
Article shall be converted into a corporation or other entity organized for
pecuniary profit
or into a for-profit organization of any kind.
(Source: P.A. 93-918, eff. 1-1-05.)
(215 ILCS 5/123D-15)
Sec. 123D-15. Conduct of insurance business by nonprofit risk
organizations.
(a) The Director may, pursuant to this Article, issue a certificate of
authority to write the kinds of insurance enumerated in Classes 2 and 3 of Section 4 to a
nonprofit risk organization that is a company organized pursuant to Articles
III or IV,
including such companies organized as a risk retention group in this State
pursuant to
Article VIIB, if such organization:
- (1) complies with the applicable requirements of Articles III or IV and VIIB, if organized as a risk retention group; and
- (2) has an initial paid-up capital and surplus at least equal to the amount of applicable paid-up capital and surplus required by Articles III or IV for a newly organized company doing the same kind or kinds of insurance business.
Thereafter, every such nonprofit risk organization shall maintain capital and
surplus at
least equal to the amount of applicable capital and surplus required to be
maintained by
companies under Articles III or IV doing the same kind or kinds of
insurance
business.
(b) Every certificate of authority to engage in an insurance business issued
by the
Director to any nonprofit risk organization pursuant to the provisions of this
Article shall
specify the company’s name, the location of its principal office, the name and
principal
address of its attorney-in-fact, if any, and the kind or kinds of insurance
business that it
is authorized to engage in this State.
(Source: P.A. 93-918, eff. 1-1-05.)
(215 ILCS 5/123D-20)
Sec. 123D-20. Relevant criteria.
(a) A nonprofit risk
organization
must meet all of the following criteria:
- (1) Be organized and operated solely to insure risks of its members.
- (2) Directly provide information to its members with respect to loss control and risk management.
- (3) Be comprised solely of members.
- (4) Be organized under this Article.
- (5) Be exempt from Illinois income taxes with respect to its activities or operations in furtherance of the powers conferred upon it by this Article.
- (6) Obtain at least $1,000,000 in startup capital from nonmember charitable organizations. The startup capital may take the form of advancements or borrowings in the form permitted by Section 56 or 76 of this Code, as applicable. Startup capital may be used to satisfy the financial requirements contained in this Article applicable to a nonprofit risk organization only to the extent the Director determines that it complies with those requirements.
- (7) Be controlled by a board of directors elected by its members.
- (8) Require in its organizational documents that:
- (A) each member of the nonprofit risk organization shall at all times be an organization described in paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code and exempt from tax under subsection (a) of Section 501 of the Internal Revenue Code;
- (B) any member that receives a final determination that it no longer qualifies as an organization described in paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code shall immediately notify the nonprofit risk organization of the determination and the effective date of the determination; and
- (C) each policy of insurance issued by the nonprofit risk organization shall provide that the policy does not cover the insured with respect to events occurring after the date the final determination was issued to the insured.
- (b) An organization shall not cease to qualify as a nonprofit risk organization solely by reason of the failure of any of its members to continue to be an organization described in paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code if, within a reasonable period of time after the nonprofit risk organization is notified as required under subparagraph (8)(B) of subsection (a) of this Section, the nonprofit risk organization takes such action as may be reasonably necessary to remove the member from the nonprofit risk organization.
(Source: P.A. 93-918, eff. 1-1-05.)
(215 ILCS 5/123D-25)
Sec. 123D-25. Applicability of other provisions of this Code. Except as otherwise provided in this Article, where inconsistent with
this
Article, or where the context otherwise requires, all of the provisions of this
Code and the
rules of the Director relating to all insurers and those relating to a company
organized
pursuant to Articles III or IV or a risk retention group organized in this
State pursuant
to Article VIIB transacting the same kind or kinds of insurance shall be
applicable to a
nonprofit risk organization organized and issued a certificate of authority
pursuant to this
Article. Where any of such provisions of law refer to a corporation, company,
or insurer,
those references, when read in connection with and applicable to this Article,
shall mean
such a nonprofit risk organization.
(Source: P.A. 93-918, eff. 1-1-05.)
(215 ILCS 5/123D-30)
Sec. 123D-30. Residual market participation exemption;
security
funds. A nonprofit risk organization shall not be permitted or required to join
or
contribute financially to any plan, pool, association, or guaranty or
insolvency fund in
this State, nor shall any nonprofit risk organization, nor its insureds nor any
claimants
against the insureds, nor its parent nor any affiliated company, nor any member
organization of its association, receive any benefit from any such plan, pool
association,
or guaranty or insolvency fund for claims arising out of the operations of the
nonprofit
risk organization. Each nonprofit risk organization must inform each insured,
in both the
application for insurance and in the policy issued to the insured, that (i)
the nonprofit
risk organization is not subject to all of the insurance laws and rules of this
State, and (ii)
State insurance insolvency guaranty funds are not available to the insured for
claims
arising out of the operations of the nonprofit risk organization.
(Source: P.A. 93-918, eff. 1-1-05.)
(215 ILCS 5/123D-35)
Sec. 123D-35. Rules. The Director shall adopt such rules as may be
necessary
for
the implementation of this Article.
(Source: P.A. 93-918, eff. 1-1-05.)