40 Pa. Stat. § 324.9

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 324.9 - Premium collection

All charges or premiums collected by an administrator on behalf of or for a benefit plan and return charges or premiums received from a benefit plan shall be held by the administrator in a fiduciary capacity. The funds shall be immediately remitted to the person or persons entitled thereto or shall be deposited promptly in one or more appropriately identified bank accounts in banks or other financial institutions which are subject to supervision or examination by Federal or State banking regulatory authorities. If charges or premiums so deposited have been collected on behalf of or for more than one benefit plan, the administrator shall maintain the accounts to clearly record the deposits in and withdrawals from the account on behalf of each benefit plan. The administrator shall promptly obtain and keep copies of all such records and, upon request of an entity providing a benefit plan, shall furnish the entity providing a benefit plan with copies of records pertaining to deposits and withdrawals on behalf of or for the benefit plan. The administrator shall not pay any claim by withdrawals from the fiduciary account. Withdrawals from the fiduciary account shall be made, as provided in the written agreement between the administrator and the entity providing a benefit plan, for:

(1) Remittance to a benefit plan entitled thereto.
(2) Deposit in an account maintained in the name of the benefit plan.
(3) Transfer to and deposit in a claims-paying account.
(4) Payment to a benefit plan for remittance to an insurer entitled thereto.
(5) Payment to the administrator of its commission, fees or charges.
(6) Remittance of return premiums or charges to the person or persons entitled thereto.

40 P.S. § 324.9

1921, May 17, P.L. 789, No. 285, § 1009, added 1994, Dec. 12, P.L. 1035, No. 141, § 3, effective in 60 days.