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Oklahoma Legislature· HB 2931Referred to Rules

An act relating to insurance, the official text

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1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 2931                 By: Tedford

4

5

6                               AS INTRODUCED

7   An Act relating to insurance; amending 36 O.S. 2021,

    Section 2025, which relates to the Oklahoma Life and

8   Health Insurance Guaranty Association coverage;

    increasing guarantee fund for annuities; and

9   providing an effective date.

10

11

12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

13  SECTION 1.      AMENDATORY  36 O.S. 2021, Section 2025, is

14 amended to read as follows:

15  Section 2025. A. For the policies and contracts specified in

16 subsection B of this section, the Oklahoma Life and Health Insurance

17 Guaranty Association Act shall provide coverage:

18  1. a. To persons, who regardless of where they reside,

19              except for nonresident certificate holders under group

20              policies or contracts, are the beneficiaries,

21              assignees or payees, including health care providers

22              rendering services covered under health insurance

23              policies or certificates, of the persons covered under

24              subparagraph b of this paragraph,

    Req. No. 14071                                                 Page 1
1   b. To persons who are owners of or certificate holders or

2   enrollees under the policies or contracts, other than

3   structured settlement annuities, and in each case who:

4   (1) are residents, or

5   (2) are not residents, but only under all of the

6                   following conditions:

7                   (a) the member insurer that issued the policies

8                   or contracts are domiciled in this state,

9                   (b) the states in which the persons reside have

10                  associations similar to the Oklahoma Life

11                  and Health Insurance Guaranty Association

12                  created by this act, and the persons are not

13                  eligible for coverage by an association in

14                  any other state due to the fact that the

15                  insurer or health maintenance organization

16                  was not licensed in the state at the time

17                  specified in the guaranty association law of

18                  the state;

19  2. Subparagraphs a and b of paragraph 1 of this subsection

20 shall not apply to structured settlement annuities specified in

21 subsection B of this section and in the Oklahoma Life and Health

22 Insurance Guaranty Association Act shall, except as provided in

23 paragraphs 3 and 4 of this subsection, provide coverage to a person

24

    Req. No. 14071                                                  Page 2
1 who is a payee under a structured settlement annuity or a

2 beneficiary of a payee if the payee is deceased, if the payee:

3   a. is a resident, regardless of where the contract owner

4   resides, or

5   b. is not a resident, but only under both of the

6   following conditions:

7   (1) (a) the contract owner of the structured

8                   settlement annuity is a resident, or

9                   (b) the contract owner of the structured

10                  settlement annuity is not a resident but:

11                  i. the insurer that issued the structured

12                  settlement annuity is domiciled in this

13                  state, and

14                  ii. the state in which the contract owner

15                  resides has an association similar to

16                  the association created by the Oklahoma

17                  Life and Health Insurance Guaranty

18                  Association Act, and

19  (2) neither the payee nor beneficiary nor the

20                  contract owner is eligible for coverage by the

21                  association of the state in which the payee or

22                  contract owner resides;

23  3. The Oklahoma Life and Health Insurance Guaranty Association

24 Act shall not provide coverage to a person who is a payee or

    Req. No. 14071                                                Page 3
1 beneficiary of a contract owner resident of this state, if the payee

2 or beneficiary is afforded coverage by the association of another

3 state; and

4   4. The Oklahoma Life and Health Insurance Guaranty Association

5 Act is intended to provide coverage to a person who is a resident of

6 this state and in special circumstances, to a nonresident. In order

7 to avoid duplicate coverage, if a person who would otherwise receive

8 coverage under the Oklahoma Life and Health Insurance Guaranty

9 Association Act is provided coverage under the laws of any other

10 state, the person shall not be provided coverage under the Oklahoma

11 Life and Health Insurance Guaranty Association Act. In determining

12 the application of the provisions of this paragraph to situations

13 where a person could be covered by the association of more than one

14 state, whether as an owner, payee, enrollee, beneficiary or

15 assignee, the Oklahoma Life and Health Insurance Association Act

16 shall be construed in conjunction with the laws of other states to

17 result in coverage by only one association.

18  B. 1. The Oklahoma Life and Health Insurance Guaranty

19 Association Act shall provide coverage to the persons specified in

20 subsection A of this section for policies or contracts of direct,

21 non-group life insurance, health insurance, which for the purposes

22 of this act includes health maintenance organization subscriber

23 contracts and certificates, or annuities and supplemental policies

24 or contracts to any of these, and for certificates under direct

    Req. No. 14071                                                  Page 4
1 group policies and contracts, except as limited by the Oklahoma Life

2 and Health Insurance Guaranty Association Act. Annuity contracts

3 and certificates under group annuity contracts include allocated

4 funding agreements, structured settlement annuities and any

5 immediate or deferred annuity contracts.

6   2. Except as provided in paragraph 3 of this subsection, the

7 Oklahoma Life and Health Insurance Guaranty Association Act shall

8 not provide coverage for:

9   a. a portion of a policy or contract not guaranteed by

10  the insurer, or under which the risk is borne by the

11  policy or contract owner,

12  b. a policy or contract of reinsurance, unless assumption

13  certificates have been issued pursuant to the

14  reinsurance policy or contract,

15  c. a portion of a policy or contract to the extent that

16  the rate of interest on which it is based, or the

17  interest rate, crediting rate or similar factor

18  determined by use of an index or other external

19  reference stated in the policy or contract employed in

20  calculating returns or changes in value:

21  (1) averaged over the period of four (4) years prior

22                  to the date on which the Association becomes

23                  obligated with respect to the policy or contract,

24                  exceeds a rate of interest determined by

    Req. No. 14071                                                Page 5
1                   subtracting two (2) percentage points from

2                   Moody's Corporate Bond Yield Average averaged for

3                   that same four-year period or for such lesser

4                   period if the policy or contract was issued less

5                   than four (4) years before the Association became

6                   obligated, and

7   (2) on and after the date on which the Association

8                   becomes obligated with respect to the policy or

9                   contract, exceeds the rate of interest determined

10                  by subtracting three (3) percentage points from

11                  Moody's Corporate Bond Yield Average as most

12                  recently available,

13  d. a portion of a policy or contract issued to a plan or

14  program of an employer, association or other person to

15  provide life, health or annuity benefits to its

16  employees, members or others, to the extent that the

17  plan or program is self-funded or uninsured, including

18  but not limited to benefits payable by an employer,

19  association or other person under:

20  (1) a Multiple Employer Welfare Arrangement as

21                  defined in 29 U.S.C. Section 1144,

22  (2) a minimum premium group insurance plan,

23  (3) a stop-loss group insurance plan, or

24  (4) an administrative services only contract,

    Req. No. 14071                                                Page 6
1   e. a portion of a policy or contract to the extent that

2   it provides for:

3   (1) dividends or experience rating credits,

4   (2) voting rights, or

5   (3) payment of any fees or allowances to any person,

6                   including the policy or contract owner, in

7                   connection with the service to or administration

8                   of the policy or contract,

9   f. a policy or contract issued in this state by a member

10  insurer at a time when it was not licensed or did not

11  have a certificate of authority to issue the policy or

12  contract in this state,

13  g. a portion of a policy or contract to the extent that

14  the assessments required by Section 2030 of this title

15  with respect to the policy or contract are preempted

16  by federal or state law,

17  h. an obligation that does not arise under the express

18  written terms of the policy or contract issued by the

19  member insurer to the enrollee, certificate holder or

20  contract or policy owner, including without

21  limitation:

22  (1) claims based on marketing materials,

23  (2) claims based on side letters, riders or other

24                  documents that were issued by the member insurer

    Req. No. 14071                                              Page 7
1                   without meeting applicable policy or contract

2                   form filing or approval requirements,

3   (3) misrepresentations of or regarding policy or

4                   contract benefits,

5   (4) extra-contractual claims, or

6   (5) a claim for penalties or consequential or

7                   incidental damages,

8   i. a contractual agreement that establishes the

9   obligations of the member insurer to provide a book

10  value accounting guaranty for defined contribution

11  benefit plan participants by reference to a portfolio

12  of assets that is owned by the benefit plan or its

13  trustee, which in each case is not an affiliate of the

14  member insurer,

15  j. an unallocated annuity contract,

16  k. a portion of a policy or contract to the extent it

17  provides for interest or other changes in value to be

18  determined by the use of an index or other external

19  reference stated in the policy or contract, but which

20  have not been credited to the policy or contract, or

21  as to which the policy or contract owner's rights are

22  subject to forfeiture, as of the date the member

23  insurer becomes an impaired or insolvent insurer under

24  the Oklahoma Life and Health Insurance Guaranty

    Req. No. 14071                                         Page 8
1   Association Act, whichever is earlier. If a policy's

2   or contract's interest or changes in value are

3   credited less frequently than annually, then for

4   purposes of determining the values that have been

5   credited and are not subject to forfeiture under this

6   subparagraph, the interest or change in value

7   determined by using the procedures defined in the

8   policy or contract will be credited as if the

9   contractual date of crediting interest or changing

10  values was the date of impairment or insolvency,

11  whichever is earlier, and will not be subject to

12  forfeiture, or

13  l. a policy or contract providing any hospital, medical,

14  prescription drug or other health care benefits

15  pursuant to Part C or Part D of Subchapter XVIII,

16  Chapter 7 of Title 42 of the United States Code,

17  commonly known as Medicare Part C or Part D, or

18  Subchapter XIX, Chapter 7 of Title 42 of the United

19  States Code or any regulations issued pursuant

20  thereto.

21  3. The exclusion from coverage in this section shall not apply

22 to any portion of a policy or contract, including a rider that

23 provides long-term care or any other health insurance benefits.

24

    Req. No. 14071                                                  Page 9
1   C. The benefits that the Association may become obligated to

2 cover shall in no event exceed the lesser of:

3   1. The contractual obligations for which the member insurer is

4 liable or would have been liable if it were not an impaired or

5 insolvent insurer; or

6   2. a. with respect to any one life, regardless of the number

7   of policies or contracts:

8   (1) Three Hundred Thousand Dollars ($300,000.00) in

9                   life insurance death benefits, but not more than

10                  One Hundred Thousand Dollars ($100,000.00) in net

11                  cash surrender and net cash withdrawal values for

12                  life insurance,

13  (2) for health insurance benefits:

14                  (a) One Hundred Thousand Dollars ($100,000.00)

15                       for coverages not defined as disability

16                       income insurance or health benefit plans or

17                       long-term care insurance as defined in

18                       Section 4424 of this title, including any

19                       net cash surrender and net cash withdrawal

20                       values,

21                  (b) Three Hundred Thousand Dollars ($300,000.00)

22                       for insurance providing income payments to

23                       an insured wage earner when income is

24                       interrupted or terminated because of

    Req. No. 14071                                                Page 10
1                   illness, sickness or accident, commonly

2                   known as disability income insurance and

3                   Three Hundred Thousand Dollars ($300,000.00)

4                   for long-term care insurance as defined in

5                   Section 4424 of this title, and

6                   (c) Five Hundred Thousand Dollars ($500,000.00)

7                   for health benefit plans, or

8   (3) Three Hundred Thousand Dollars ($300,000.00) Five

9                   Hundred Thousand Dollars ($500,000.00) in the

10                  present value of annuity benefits, including net

11                  cash surrender and net cash withdrawal values, or

12  b. with respect to each payee of a structured settlement

13  annuity or beneficiary or beneficiaries of the payee

14  if the payee is deceased, Three Hundred Thousand

15  Dollars ($300,000.00) Five Hundred Thousand Dollars

16  ($500,000.00) in present value annuity benefits, in

17  the aggregate, including net cash surrender and net

18  cash withdrawal values,

19  c. however, in no event shall the Association be

20  obligated to cover more than:

21  (1) an aggregate of Three Hundred Thousand Dollars

22                  ($300,000.00) Five Hundred Thousand Dollars

23                  ($500,000.00) in benefits with respect to any one

24                  life under this subparagraph and subparagraphs a

    Req. No. 14071                                               Page 11
1                   and b of this paragraph except and with respect

2                   to health benefit plans under division (2) of

3                   subparagraph a of this paragraph, in which case

4                   the aggregate liability of the Association shall

5                   not exceed Five Hundred Thousand Dollars

6                   ($500,000.00) with respect to any one individual,

7                   or

8   (2) with respect to one owner of multiple non-group

9                   policies of life insurance, whether the policy or

10                  contract owner is an individual, firm,

11                  corporation or other person, and whether the

12                  persons insured are officers, managers, employees

13                  or other persons, more than Five Million Dollars

14                  ($5,000,000.00) in benefits, regardless of the

15                  number of policies and contracts held by the

16                  owner,

17  d. the limitations set forth in this subsection are

18  limitations on benefits for which the Association is

19  obligated before taking into account either its

20  subrogation and assignment rights or the extent to

21  which those benefits could be provided out of the

22  assets of the impaired or insolvent insurer

23  attributable to covered policies. The costs of the

24  obligations of the Association under the Oklahoma Life

    Req. No. 14071                                            Page 12
1             and Health Insurance Guaranty Association Act may be

2             met by the use of assets attributable to covered

3             policies or reimbursed to the Association pursuant to

4             its subrogation and assignment rights,

5   e. for purposes of the Oklahoma Life and Health Insurance

6             Guaranty Association Act, benefits provided by a long-

7             term care rider to a life insurance policy or annuity

8             contract shall be considered the same type of benefits

9             as the base life insurance policy or annuity contract

10            to which it relates.

11  D. In performing its obligations to provide coverage under

12 Section 2028 of this title, the Association shall not be required to

13 guarantee, assume, reinsure, reissue or perform, or cause to be

14 guaranteed, assumed, reinsured, reissued or performed, the

15 contractual obligations of the insolvent or impaired insurer under a

16 covered policy or contract that do not materially affect the

17 economic values or economic benefits of the covered policy or

18 contract.

19  SECTION 2. This act shall become effective November 1, 2026.

20

21  60-2-14071      MJ  11/19/25

22

23

24

    Req. No. 14071                                                Page 13
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