Connecticut 2019 Regular Session

Connecticut Senate Bill SB00908 Latest Draft

Bill / Comm Sub Version Filed 04/03/2019

                             
 
LCO 4519  \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-R01-
SB.docx  
1 of 17 
  
General Assembly  Raised Bill No. 908  
January Session, 2019  
LCO No. 4519 
 
 
Referred to Committee on INSURANCE AND REAL 
ESTATE  
 
 
Introduced by:  
(INS)  
 
 
 
AN ACT AUTHORIZING FOREIGN BRANCH CAPTIV E INSURANCE 
COMPANIES.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 38a-91aa of the general statutes is repealed and 1 
the following is substituted in lieu thereof (Effective July 1, 2019): 2 
As used in sections 38a-91aa to 38a-91tt, inclusive, as amended by 3 
this act, and sections 38a-91ww and 38a-91xx: 4 
(1) "Affiliated company" means any company in the same corporate 5 
system as a parent, an industrial insured or a member organization by 6 
virtue of common ownership, control, operation or management. 7 
(2) "Agency captive insurance company" means a captive insurance 8 
company that: 9 
(A) Is owned or directly or indirectly controlled by one or more 10 
insurance agents or insurance producers licensed in accordance with 11 
sections 38a-702a to 38a-702r, inclusive; 12  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
2 of 17 
 
(B) Only insures against risks covered by insurance policies sold, 13 
solicited or negotiated through the insurance agents or insurance 14 
producers that own or control such captive insurance company; and 15 
(C) Does not insure against risks covered by any health insurance 16 
policy or plan. 17 
(3) "Alien captive insurance company" means any insurance 18 
company formed to write insurance business for its parent and 19 
affiliated companies and licensed pursuant to the laws of an alien 20 
jurisdiction that imposes statutory or regulatory standards on 21 
companies transacting the business of insurance in such jurisdiction 22 
that the commissioner deems to be acceptable. 23 
(4) "Association" means any legal association of individuals, 24 
corporations, limited liability companies, partnerships, associations or 25 
other entities that has been in continuous existence for at least one 26 
year, where the association itself or some or all of the member 27 
organizations: 28 
(A) Directly or indirectly own, control or hold with power to vote all 29 
of the outstanding voting securities or other voting interests of an 30 
association captive insurance company incorporated as a stock insurer; 31 
(B) Have complete voting control over an association captive 32 
insurance company incorporated as a mutual corporation or formed as 33 
a limited liability company; or 34 
(C) Constitute all of the subscribers of an association captive 35 
insurance company formed as a reciprocal insurer. 36 
(5) "Association captive insurance company" means any company 37 
that insures risks of the member organizations of an association, and 38 
includes a company that also insures risks of such member 39 
organizations' affiliated companies or of the association. 40 
(6) "Branch business" means any insurance business transacted in 41  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
3 of 17 
 
this state by a branch captive insurance company. 42 
(7) "Branch captive insurance company" means any alien captive 43 
insurance company licensed by the commissioner to transact the 44 
business of insurance in this state through a business unit with a 45 
principal place of business in this state. 46 
(8) "Branch operations" means any business operations in this state 47 
of a branch captive insurance company. 48 
(9) "Captive insurance company" means any (A) pure captive 49 
insurance company, agency captive insurance company, association 50 
captive insurance company, industrial insured captive insurance 51 
company, risk retention group, sponsored captive insurance company 52 
or special purpose financial captive insurance company that is 53 
domiciled in this state and formed or licensed under the provisions of 54 
sections 38a-91aa to 38a-91tt, inclusive, [or] as amended by this act, (B) 55 
branch captive insurance company, or (C) foreign branch captive 56 
insurance company. 57 
(10) "Ceding insurer" means an insurance company, approved by 58 
the commissioner and licensed or otherwise authorized to transact the 59 
business of insurance or reinsurance in its state or country of domicile, 60 
that cedes risk to a special purpose financial captive insurance 61 
company pursuant to a reinsurance contract. 62 
(11) "Commissioner" means the Insurance Commissioner. 63 
(12) "Controlled unaffiliated business" means any person: 64 
(A) Who, (i) in the case of a pure captive insurance company, is not 65 
in the corporate system of a parent and the parent's affiliated 66 
companies, or (ii) in the case of an industrial insured captive insurance 67 
company, is not in the corporate system of an industrial insured and 68 
the industrial insured's affiliated companies; 69 
(B) Who, (i) in the case of a pure captive insurance company, has an 70  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
4 of 17 
 
existing contractual relationship with a parent or one of the parent's 71 
affiliated companies, or (ii) in the case of an industrial insured captive 72 
insurance company, has an existing contractual relationship with an 73 
industrial insured or one of the industrial insured's affiliated 74 
companies; and 75 
(C) Whose risks are managed by a pure captive insurance company 76 
or an industrial insured captive insurance company, as applicable, in 77 
accordance with section 38a-91qq. 78 
(13) "Excess workers' compensation insurance" means, in the case of 79 
an employer that has insured or self-insured its workers' compensation 80 
risks in accordance with applicable state or federal law, insurance in 81 
excess of a specified per-incident or aggregate limit established by the 82 
commissioner. 83 
(14) "Foreign branch business" means any insurance business 84 
transacted in this state by a foreign branch captive insurance company. 85 
(15) "Foreign branch captive insurance company" means any alien 86 
captive insurance company that is (A) licensed by the commissioner to 87 
transact foreign branch business in this state through a business unit 88 
with a principal place of business in this state, and (B) not otherwise 89 
licensed by the commissioner to transact the business of insurance in 90 
this state. 91 
(16) "Foreign branch operations" means any business operations in 92 
this state of a foreign branch captive insurance company. 93 
[(14)] (17) "Incorporated protected cell" means a protected cell that is 94 
established as a corporation or a limited liability company, separate 95 
from the sponsored captive insurance company with which it has 96 
entered into a participant contract. 97 
[(15)] (18) "Industrial insured" means an insured: 98 
(A) Who procures the insurance of any risk or risks by use of the 99  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
5 of 17 
 
services of a full-time employee acting as an insurance manager or 100 
buyer; 101 
(B) Whose aggregate annual premiums for insurance on all risks 102 
total at least twenty-five thousand dollars; and 103 
(C) Who has at least twenty-five full-time employees. 104 
[(16)] (19) "Industrial insured captive insurance company" means 105 
any company that insures risks of the industrial insureds that comprise 106 
an industrial insured group, and includes a company that also insures 107 
risks of such industrial insureds' affiliated companies. 108 
[(17)] (20) "Industrial insured group" means any group of industrial 109 
insureds that collectively: 110 
(A) Directly or indirectly own, control or hold with power to vote all 111 
of the outstanding voting securities or other voting interests of an 112 
industrial insured captive insurance company incorporated as a stock 113 
insurer; 114 
(B) Have complete voting control over an industrial insured captive 115 
insurance company incorporated as a mutual corporation or formed as 116 
a limited liability company; or 117 
(C) Constitute all of the subscribers of an industrial insured captive 118 
insurance company formed as a reciprocal insurer. 119 
[(18)] (21) "Insurance securitization" or "securitization" means a 120 
transaction or a group of related transactions, which may include 121 
capital market offerings, that are effected through related risk transfer 122 
instruments and facilitating administrative agreements, in which all or 123 
part of the result of such transaction is used to fund a special purpose 124 
financial captive insurance company's obligations under a reinsurance 125 
contract with a ceding insurer and by which: 126 
(A) A special purpose financial captive insurance company directly 127  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
6 of 17 
 
or indirectly obtains proceeds through the issuance of securities by 128 
such company or any other person; or 129 
(B) A person provides, for the benefit of a special purpose financial 130 
captive insurance company, one or more letters of credit or other assets 131 
that the commissioner has authorized such company to treat as 132 
admitted assets for purposes of its annual report. "Insurance 133 
securitization" or "securitization" does not include the issuance of a 134 
letter of credit for the benefit of the commissioner to satisfy all or part 135 
of a special purpose financial captive insurance company's capital and 136 
surplus requirements under section 38a-91dd, as amended by this act. 137 
[(19)] (22) "Member organization" means any individual, 138 
corporation, limited liability company, partnership, association or 139 
other entity that belongs to an association. 140 
[(20)] (23) "Mutual corporation" means a corporation organized 141 
without stockholders and includes a nonprofit corporation with 142 
members. 143 
[(21)] (24) "Parent" means any individual, corporation, limited 144 
liability company, partnership or other entity that directly or indirectly 145 
owns, controls or holds with power to vote more than fifty per cent of 146 
the outstanding voting: 147 
(A) Securities of a pure captive insurance company organized as a 148 
stock insurer; or 149 
(B) Membership interests of a pure captive insurance company 150 
organized as a nonprofit corporation or as a limited liability company. 151 
[(22)] (25) "Participant" means any association, corporation, limited 152 
liability company, partnership, trust or other entity, and any affiliated 153 
company thereof, that is insured by a sponsored captive insurance 154 
company pursuant to a participant contract. 155 
[(23)] (26) "Participant contract" means a contract entered into by a 156  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
7 of 17 
 
sponsored captive insurance company and a participant by which the 157 
sponsored captive insurance company insures the risks of the 158 
participant and limits the losses of each such participant to its pro rata 159 
share of the assets of one or more protected cells identified in such 160 
participant contract. 161 
[(24)] (27) "Protected cell" means a separate account established by a 162 
sponsored captive insurance company, in which assets are maintained 163 
for one or more participants in accordance with the terms of one or 164 
more participant contracts to fund the liability of the sponsored 165 
captive insurance company assumed on behalf of such participants as 166 
set forth in such participant contracts. 167 
[(25)] (28) "Pure captive insurance company" means any company 168 
that insures risks of its parent and affiliated companies or controlled 169 
unaffiliated business. 170 
[(26)] (29) "Reinsurance contract" means a contract entered into by a 171 
special purpose financial captive insurance company and a ceding 172 
insurer by which the special purpose financial captive insurance 173 
company agrees to provide reinsurance to the ceding insurer for risks 174 
associated with the ceding insurer's insurance or reinsurance business. 175 
[(27)] (30) "Risk retention group" means a captive insurance 176 
company organized under the laws of this state pursuant to the federal 177 
Liability Risk Retention Act of 1986, 15 USC 3901 et seq., as amended 178 
from time to time, as a stock insurer or mutual corporation, a 179 
reciprocal or other limited liability entity.  180 
[(28)] (31) "Security" has the same meaning as provided in section 181 
36b-3 and includes any form of debt obligation, equity, surplus 182 
certificate, surplus note, funding agreement, derivative or other 183 
financial instrument that the commissioner designates as a security for 184 
purposes of sections 38a-91aa to 38a-91tt, inclusive, as amended by this 185 
act. 186 
[(29)] (32) "Special purpose financial captive insurance company" 187  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
8 of 17 
 
means a company that is licensed by the commissioner in accordance 188 
with section 38a-91bb, as amended by this act. 189 
[(30)] (33) "Special purpose financial captive insurance company 190 
security" means a security issued by (A) a special purpose financial 191 
captive insurance company, or (B) a third party, the proceeds of which 192 
are obtained directly or indirectly by a special purpose financial 193 
captive insurance company. 194 
[(31)] (34) "Sponsor" means any association, corporation, limited 195 
liability company, partnership, trust or other entity that is approved by 196 
the commissioner to organize and operate a sponsored captive 197 
insurance company and to provide all or part of the required 198 
unimpaired paid-in capital and surplus. 199 
[(32)] (35) "Sponsored captive insurance company" means a captive 200 
insurance company: 201 
(A) In which the minimum required unimpaired paid-in capital and 202 
surplus are provided by one or more sponsors; 203 
(B) That insures risks of its participants only through separate 204 
participant contracts; and 205 
(C) That funds its liability to each participant through one or more 206 
protected cells and segregates the assets of each protected cell from the 207 
assets of other protected cells and from the assets of the sponsored 208 
captive insurance company's general account. 209 
[(33)] (36) "Surplus note" means an unsecured subordinated debt 210 
obligation possessing characteristics consistent with the National 211 
Association of Insurance Commissioners Statement of Statutory 212 
Accounting Principles No. 41, as amended from time to time, and as 213 
modified or supplemented by the commissioner.  214 
Sec. 2. Subsection (e) of section 38a-91bb of the general statutes is 215 
repealed and the following is substituted in lieu thereof (Effective July 216  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
9 of 17 
 
1, 2019): 217 
(e) (1) If the commissioner finds that the documents and statements 218 
that a captive insurance company, other than a special purpose 219 
financial captive insurance company, has filed comply with the 220 
provisions of sections 38a-91aa to 38a-91tt, inclusive, as amended by 221 
this act, the commissioner may grant a license authorizing the 222 
company to do insurance business in this state until April first 223 
thereafter. The captive insurance company may apply to renew such 224 
license on such forms as the commissioner prescribes. 225 
(2) (A) The commissioner may grant a license authorizing a special 226 
purpose financial captive insurance company to do reinsurance 227 
business in this state until April first thereafter upon the 228 
commissioner's finding that (i) the proposed plan of operation 229 
provides for a reasonable and expected successful operation, (ii) the 230 
terms of the reinsurance contract and related transactions comply with 231 
sections 38a-91aa to 38a-91tt, inclusive, as amended by this act, (iii) the 232 
proposed plan of operation is not hazardous to any ceding insurer, and 233 
(iv) the insurance regulator of the state of domicile of each ceding 234 
insurer has notified the commissioner in writing or has otherwise 235 
provided assurance satisfactory to the commissioner that such 236 
regulator has approved or has not disapproved the transaction, 237 
provided the commissioner shall not be precluded from issuing a 238 
license to a special purpose financial captive insurance company if 239 
such regulator has not responded with respect to all or any part of the 240 
transaction. 241 
(B) In conjunction with granting such license, the commissioner may 242 
issue an order to the special purpose financial captive insurance 243 
company of any additional provisions, terms or conditions regarding 244 
the organization, licensing or operation of such company that are not 245 
inconsistent with the provisions of this chapter and are deemed 246 
appropriate by the commissioner. 247 
(3) The commissioner shall not grant a license to a branch captive 248  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
10 of 17 
 
insurance company unless the alien captive insurance company grants 249 
the commissioner authority to examine the alien captive insurance 250 
company in the jurisdiction in which the alien captive insurance 251 
company is formed. 252 
(4) The commissioner shall not grant a license to a foreign branch 253 
captive insurance company unless the foreign branch captive 254 
insurance company or alien captive insurance company grants the 255 
commissioner authority to examine the affairs of such foreign branch 256 
captive insurance company or alien captive insurance company in the 257 
jurisdiction in which such foreign branch captive insurance company 258 
or alien captive insurance company was formed, operates or maintains 259 
books and records.  260 
Sec. 3. Section 38a-91dd of the general statutes is repealed and the 261 
following is substituted in lieu thereof (Effective July 1, 2019): 262 
(a) (1) The [Insurance Commissioner] commissioner shall not issue a 263 
license to a captive insurance company or allow the company to retain 264 
such license unless the company has and maintains unimpaired paid-265 
in capital and surplus of:  266 
(A) In the case of a pure captive insurance company, not less than 267 
two hundred fifty thousand dollars; 268 
(B) In the case of an association captive insurance company, not less 269 
than five hundred thousand dollars; 270 
(C) In the case of an industrial insured captive insurance company, 271 
not less than five hundred thousand dollars; 272 
(D) In the case of a risk retention group, not less than one million 273 
dollars; 274 
(E) In the case of a sponsored captive insurance company, not less 275 
than two hundred twenty-five thousand dollars; 276  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
11 of 17 
 
(F) In the case of a special purpose financial captive insurance 277 
company, not less than two hundred fifty thousand dollars; 278 
(G) In the case of a sponsored captive insurance company licensed 279 
as a special purpose financial captive insurance company, not less than 280 
five hundred thousand dollars; and 281 
(H) In the case of an agency captive insurance company, not less 282 
than five hundred thousand dollars. 283 
(2) (A) The [Insurance Commissioner] commissioner shall not issue 284 
a license to a branch captive insurance company or allow the company 285 
to retain such license unless the company has and maintains, as 286 
security for the payment of liabilities attributable to the branch 287 
operations: 288 
(i) Not less than two hundred fifty thousand dollars; and 289 
(ii) Reserves on such insurance policies or such reinsurance 290 
contracts as may be issued or assumed by the branch captive insurance 291 
company through its branch operations, including reserves for losses, 292 
allocated loss adjustment expenses, incurred but not reported losses 293 
and unearned premiums with regard to business written through the 294 
branch operations. The commissioner may permit a branch captive 295 
insurance company to credit against any such reserves any security for 296 
loss reserves that the branch captive insurance company posts with a 297 
ceding insurer or is posted by a reinsurer with the branch captive 298 
insurance company, so long as such security remains posted. 299 
(B) The amounts required under subparagraph (A) of this 300 
subdivision may be held, with the prior approval of the commissioner, 301 
in the form of (i) a trust formed under a trust agreement and funded 302 
by assets acceptable to the commissioner, (ii) an irrevocable letter of 303 
credit issued or confirmed by a bank approved by the commissioner, 304 
(iii) with respect to the amount required under subparagraph (A)(i) of 305 
this subdivision only, cash on deposit with the commissioner, or (iv) 306 
any combination thereof. 307  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
12 of 17 
 
(3) (A) The commissioner shall not issue a license to a foreign 308 
branch captive insurance company or allow the company to retain 309 
such license unless the company has and maintains, as security for the 310 
payment of liabilities attributable to the foreign branch operations: 311 
(i) Not less than two hundred fifty thousand dollars; and 312 
(ii) Reserves on such insurance policies or such reinsurance 313 
contracts as may be issued or assumed by the foreign branch captive 314 
insurance company through its foreign branch operations, including 315 
reserves for losses, allocated loss adjustment expenses, incurred but 316 
not reported losses and unearned premiums with regard to business 317 
written through the foreign branch operations. The commissioner may 318 
permit a foreign branch captive insurance company to credit against 319 
any such reserves any assets belonging to (I) the company that are held 320 
in trust for, or otherwise segregated or controlled by, a ceding insurer 321 
that secure the reinsurance obligations of such company to the ceding 322 
insurer, or (II) a reinsurer that are held in trust for, or otherwise under 323 
the control of, the company and secure the reinsurance obligations of 324 
the reinsurer to such company. 325 
(B) The amounts required under subparagraph (A) of this 326 
subdivision may be held, with the prior approval of the commissioner, 327 
in the form of (i) a trust formed under a trust agreement and funded 328 
by assets acceptable to the commissioner, (ii) an irrevocable letter of 329 
credit issued or confirmed by a bank approved by the commissioner, 330 
or (iii) any combination thereof. 331 
(C) The commissioner may exempt a foreign branch captive 332 
insurance company from the requirements established in this 333 
subdivision, provided the commissioner determines, in the 334 
commissioner's discretion, that the company is financially stable. 335 
(b) The commissioner may adopt regulations, in accordance with 336 
chapter 54, to establish additional capital and surplus requirements 337 
based upon the type, volume and nature of insurance business 338  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
13 of 17 
 
transacted. 339 
(c) Notwithstanding any other provision of this section, the 340 
commissioner shall have the discretion to allow a captive insurance 341 
company, other than a captive insurance company organized as a risk 342 
retention group, to maintain less than the required unimpaired paid-in 343 
capital and surplus set forth in subsection (a) of this section. The 344 
commissioner shall consider the type, volume and nature of the 345 
insurance or reinsurance business transacted by such a captive 346 
insurance company in establishing the amount of unimpaired paid-in 347 
capital and surplus the company is required to maintain. 348 
(d) Except as specified in [subdivision (2)] subdivisions (2) and (3) of 349 
subsection (a) of this section, capital and surplus may be in the form of 350 
cash or an irrevocable letter of credit issued by a bank approved by the 351 
commissioner.  352 
Sec. 4. Subsection (e) of section 38a-91ff of the general statutes is 353 
repealed and the following is substituted in lieu thereof (Effective July 354 
1, 2019): 355 
(e) (1) No branch captive insurance company shall do any insurance 356 
business in this state unless it maintains a principal place of business 357 
for its branch operations in this state. 358 
(2) No foreign branch captive insurance company shall do any 359 
insurance business in this state unless it operates through a business 360 
unit that maintains a principal place of business for such company's 361 
foreign branch operations in this state. 362 
Sec. 5. Subdivision (1) of subsection (b) of section 38a-91gg of the 363 
general statutes is repealed and the following is substituted in lieu 364 
thereof (Effective July 1, 2019): 365 
(b) (1) (A) Prior to March first of each year and, in the case of pure 366 
captive insurance companies and industrial insured captive insurance 367 
companies, prior to March fifteenth of each year, each captive 368  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
14 of 17 
 
insurance company, other than a branch captive insurance company or 369 
a foreign branch captive insurance company that is required to submit 370 
reports or statements in the foreign branch captive insurance 371 
company's domiciliary jurisdiction, shall submit to the [Insurance 372 
Commissioner] commissioner a report of its financial condition 373 
verified by oath of two of its executive officers. The commissioner shall 374 
establish the form and content of the annual report to be filed by 375 
special purpose captive insurance companies. 376 
(B) In the case of branch captive insurance companies, prior to 377 
March first of each year, each such company shall submit to the 378 
commissioner a copy of all reports and statements required to be filed 379 
under the laws of the jurisdiction in which the alien captive insurance 380 
company is formed. Such reports and statements shall be verified by 381 
oath of two of its executive officers. If the commissioner is satisfied 382 
that the annual report filed by the alien captive insurance company in 383 
its domiciliary jurisdiction provides adequate information concerning 384 
the financial condition of the alien captive insurance company, the 385 
commissioner may waive the requirement for completion of the 386 
captive annual statement for business written in the alien jurisdiction. 387 
(C) In the case of a foreign branch captive insurance company that is 388 
required to submit reports and statements in its domiciliary 389 
jurisdiction, the company shall submit to the commissioner a copy of 390 
all reports and statements required to be filed under the laws of its 391 
domiciliary jurisdiction or the domiciliary jurisdiction of the alien 392 
captive insurance company. Such reports and statements shall be 393 
verified by oath of two of the executive officers of such foreign branch 394 
captive insurance company, and be submitted to the commissioner on 395 
the same day that such reports and statements are filed with the 396 
domiciliary jurisdiction of such foreign branch captive insurance 397 
company or alien captive insurance company. If the commissioner is 398 
not satisfied that the annual report filed by the foreign branch captive 399 
insurance company or alien captive insurance company in the 400 
domiciliary jurisdiction of such foreign branch captive insurance 401  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
15 of 17 
 
company or alien captive insurance company provides adequate 402 
information concerning the financial condition of such foreign branch 403 
captive insurance company, such foreign branch captive insurance 404 
company shall, at a time prescribed by the commissioner, submit to the 405 
commissioner a report, in a form and manner prescribed by the 406 
commissioner, that provides the commissioner with adequate 407 
information concerning the financial condition of such foreign branch 408 
captive insurance company. 409 
Sec. 6. Subsection (a) of section 38a-91hh of the general statutes is 410 
repealed and the following is substituted in lieu thereof (Effective July 411 
1, 2019): 412 
(a) (1) At least once every three years, and additionally whenever 413 
the Insurance Commissioner determines it to be prudent, the 414 
commissioner or the commissioner's designee shall visit each captive 415 
insurance company and thoroughly inspect and examine its affairs to 416 
ascertain its financial condition, its ability to fulfill its obligations and 417 
whether it has complied with the provisions of sections 38a-91aa to 418 
38a-91tt, inclusive, as amended by this act, and any applicable 419 
provisions of this title. The commissioner may extend the three-year 420 
period to five years, provided a captive insurance company is subject 421 
to a comprehensive annual audit during such period by independent 422 
auditors approved by the commissioner and of a scope satisfactory to 423 
the commissioner. 424 
(2) The examination of a branch captive insurance company 425 
pursuant to this section shall be of branch business and branch 426 
operations only, as long as the branch captive insurance company 427 
provides annually to the commissioner a certificate of compliance or its 428 
equivalent, issued by or filed with the licensing authority of the 429 
jurisdiction in which the branch captive insurance company is formed, 430 
and demonstrates to the commissioner's satisfaction that it is operating 431 
in sound financial condition in accordance with all applicable laws and 432 
regulations of such jurisdiction. 433  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
16 of 17 
 
(3) The examination of a foreign branch captive insurance company 434 
pursuant to this section shall be of foreign branch business and foreign 435 
branch operations only, as long as the foreign branch captive insurance 436 
company provides annually to the commissioner a certificate of 437 
compliance or its equivalent, issued by or filed with the domiciliary 438 
jurisdiction of the foreign branch captive insurance company or alien 439 
captive insurance company, and demonstrates to the commissioner's 440 
satisfaction that such foreign branch captive insurance company is 441 
operating in sound financial condition in accordance with all 442 
applicable laws and regulations of such jurisdiction. 443 
Sec. 7. Subdivision (1) of subsection (c) of section 38a-91nn of the 444 
general statutes is repealed and the following is substituted in lieu 445 
thereof (Effective July 1, 2019): 446 
(c) (1) The annual minimum aggregate tax to be paid by a captive 447 
insurance company, other than a sponsored captive insurance 448 
company, calculated under subsection (a) of this section shall be seven 449 
thousand five hundred dollars, and the annual maximum aggregate 450 
tax calculated under subsections (a) and (b) of this section shall be two 451 
hundred thousand dollars. In the case of a branch captive insurance 452 
company, the annual aggregate tax to be paid by such company shall 453 
apply only to the branch business of such company. In the case of a 454 
foreign branch captive insurance company, the annual aggregate tax to 455 
be paid by such company shall apply only to the foreign branch 456 
business of such company. 457 
Sec. 8. Subparagraph (A) of subdivision (2) of subsection (g) of 458 
section 38a-91ss of the general statutes is repealed and the following is 459 
substituted in lieu thereof (Effective July 1, 2019): 460 
(A) Proceeds from a special purpose financial captive insurance 461 
company securitization or letters of credit or other assets described in 462 
subdivision [(18)] (21) of section 38a-91aa, as amended by this act; 463  Raised Bill No. 908 
 
 
LCO 4519  {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00908-
R01-SB.docx }   
17 of 17 
 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2019 38a-91aa 
Sec. 2 July 1, 2019 38a-91bb(e) 
Sec. 3 July 1, 2019 38a-91dd 
Sec. 4 July 1, 2019 38a-91ff(e) 
Sec. 5 July 1, 2019 38a-91gg(b)(1) 
Sec. 6 July 1, 2019 38a-91hh(a) 
Sec. 7 July 1, 2019 38a-91nn(c)(1) 
Sec. 8 July 1, 2019 38a-91ss(g)(2)(A) 
 
INS Joint Favorable