§ 33-38-22. Premium Tax Liability Offsets; Refunds Offset Against Taxes
A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should […]
§ 33-38-9. Delegation of Powers and Duties of the Association
The plan of operation described in Code Section 33-38-8 may provide that any or all powers and duties of the association, except those under subparagraph (a)(14)(C) of Code Section 33-38-7 and Code Section 33-38-15, shall be delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this […]
§ 33-38-10. Duties and Powers of the Commissioner
In addition to the duties and powers enumerated elsewhere in this chapter: The Commissioner shall: Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer; and When an impairment is declared and the amount of the impairment is determined, serve a […]
§ 33-38-11. Records of Meetings and Negotiations of the Association
Records shall be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under Code Section 33-38-7. The records of the association with respect to an impaired or insolvent insurer shall not be disclosed prior to […]
§ 33-38-12. Examination of the Association by the Commissioner; Annual Report
The association shall be subject to examination and regulation by the Commissioner. Notwithstanding the foregoing, whether such examinations shall be conducted and the frequency of any such examination shall be at the sole discretion of the Commissioner. The board of directors shall submit to the Commissioner not later than May 1 of each year a […]
§ 33-38-13. Exemption of the Association From Taxation
The association shall be exempt from all taxation in this state based upon income or gross receipts and shall likewise be exempt from all state and local occupation license and business fees and occupation license and business taxes. History. Code 1933, § 56-2213, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, […]
§ 33-38-14. Immunity From Liability for Actions or Omissions in Performance of Powers and Duties Pursuant to This Chapter
There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the Commissioner or his or her representatives, for any action or omission by […]
§ 33-38-15. Assessments Against Member Insurers
For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers separately for the health account and for each subaccount of the life insurance and annuity account at such time and for such amounts as the board finds necessary. […]
§ 33-38-16. Reports and Recommendations as to Solvency of Companies; Board May Report Information as to Insolvency of Member Insurer; Examinations of Member Insurers; Reports of Insurer Insolvencies
The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer, or to the solvency of any health maintenance organization, insurer, or health care corporation seeking to do business in this state. Such reports and recommendations […]
§ 33-38-17. Assessment Liability, Association as Creditor of Insolvent or Impaired Insurer; Distribution of Insolvent Insurer’s Ownership Rights; Reimbursement of Association From Disbursement of Marshaled Assets as Available; Recovery of Distributions to Affiliates
This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired or insolvent insurer […]