S T A T E O F N E W Y O R K
________________________________________________________________________
7951
2011-2012 Regular Sessions
I N A S S E M B L Y
May 25, 2011
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Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to investments by chari-
table gift annuity corporations or associations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (b) of section 1110 of the insurance law, as
amended by chapter 419 of the laws of 2001, is amended to read as
follows:
(b) Every such domestic corporation or association shall maintain
admitted assets at least equal to the greater of (i) the sum of its
reserves on its outstanding agreements, calculated in accordance with
section four thousand two hundred seventeen of this chapter, and a
surplus of ten per centum of such reserves, or (ii) the amount of one
hundred thousand dollars. In determining such reserves a deduction shall
be made for all or any portion of an annuity risk which is reinsured by
a life insurance company authorized to do business in this state. The
required admitted assets shall be invested in accordance with the
prudent investor standard as defined in section 11-2.3 of the estates,
powers and trusts law and shall not be subject to the investment limita-
tions set forth in this chapter. Such assets shall be segregated as
separate and distinct funds, independent of all other funds of such
corporation or association, and shall not be applied to pay its debts
and obligations or for any purpose except the aforesaid annuity
benefits; PROVIDED HOWEVER, THE CORPORATION OR ASSOCIATION MAY INVEST
AND MANAGE THE ADMITTED ASSETS IN COMBINATION WITH OTHER ASSETS OF THE
ORGANIZATION, PROVIDED FURTHER, THAT THERE IS A SEPARATE CUSTODY ACCOUNT
FOR THE INTEREST OF THE ADMITTED ASSETS IN ANY SUCH COMBINED FUND.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11425-01-1