Ga. Comp. R. & Regs. R. 120-2-3-.03 - Use of Terms and Exemptions
(1) "Purchaser," as that term is used in Code
Section 33-23-1(a)(11),
shall include but is not limited to a current or prospective coemployer, or one
of its employees, of a "professional employer organization," as that term is
defined in subsection (a) of Code Section
34-7-6.
(2) Policy Servicing and Administration
(a) Serving the master policyholder of group
insurance in administering the details of such insurance, pursuant to O.C.G.A.
§
33-23-1(b)(6), or
engaging in the administration or operation of a program of employee benefits
for the employer's or association's own employees or the employees of its
subsidiaries or affiliates, pursuant to O.C.G.A. §
33-23-4(h)(2)(C),
includes but is not limited to the following types of activities:
1. Creating or implementing a recordkeeping
system to track contribution and benefit payments, to maintain participant
information, and to accurately comply with government reporting requirements;
2. Acquiring evidence of coverage
and plan member information booklets or materials from insurers to distribute
to employees;
3. Collecting
employee information to enroll employees in the group plan as necessary (e.g.,
social security number, date of birth, job title, salary) and transmitting such
information to the insurer;
4.
Deducting premiums from an employee's wages as necessary;
5. Remitting premiums from employees to the
insurer;
6. Collecting and
reporting to the insurer changes regarding an employee's family status (e.g.,
marriages, divorce, death, birth of child) or work status (e.g., terminations,
new hires, change in employee's work hours - full-time/part-time); and
7. Administering or facilitating
the termination of benefits or the extension of COBRA coverage.
(b)
1. A license as an agent, subagent, or
counselor is not required for a person to serve as the master policyholder of
group insurance in administering the details of such plan pursuant to O.C.G.A.
§
33-23-1(b)(6).
2. A license as an agent, subagent, or
counselor is not required to engage in the administration or operation of a
program of employee benefits for the employer's or association's own employees
or the employees of its subsidiaries or affiliates pursuant to O.C.G.A. §
33-23-4(h)(2)(C).
3. When a person performs activities that
fall within the definition of "sell," "solicit," or "negotiate," as set forth
in O.C.G.A. §
33-23-1, as to those activities,
such person is not exempt from licensure in accordance with the exemptions set
forth in O.C.G.A. §
33-23-1(b)(6) or
O.C.G.A. §
33-23-4(h)(2)(C).
(3) Unless the context
otherwise requires, terms found in this Regulation are used as defined in
O.C.G.A §
33-1-2, §
33-23-1, or this Regulation. Other
terminology is used in accordance with the Georgia Insurance Code or industry
usage if not defined in the Georgia Insurance Code.
Notes
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