Firefighters', police officers', or peace officers' benefit and relief associations.

Existing law generally provides for the regulation of insurers by the Department of Insurance pursuant to laws set forth in the Insurance Code. Existing law authorizes the Insurance Commissioner to make certain examinations, investigations, and prosecutions and, upon making a determination of the existence of certain conduct, conditions, or grounds, to issue orders reasonably necessary to correct, eliminate, or remedy the conduct, conditions, or grounds. Existing law exempts from the requirements set forth in the Insurance Code firefighters', police officers', and peace officers' benefit and relief associations that comply with specified criteria, including, among other things, a requirement that the membership consist solely of certain state or local peace or law enforcement officers, members of police or fire departments, and emergency medical personnel employed by fire departments, as specified. Existing law prohibits an association from operating or doing business in the state without a certificate of authority. This bill would specify that the laws governing those associations apply only to the extent not preempted by the federal Employee Retirement Income Security Act of 1974 (ERISA) . The bill would require an association that holds a certificate of authority and that issues long-term disability or long-term care policies or contracts to submit to the commissioner the opinion of a qualified actuary no later than July 1, 2021, as to whether the reserves and related actuarial items that support the policies or contracts issued are expected to be adequate to satisfy contractual provisions, are based on reasonable assumptions, and are based on specified actuarial standards. The bill would, after the filing of the initial opinion, require those associations to file a new opinion no more than 4 years after the date of its last opinion on file with the commissioner. The bill would require an association seeking a certificate of authority to file an opinion that establishes that it would have adequate resources to provide benefits as required to satisfy its proposed contractual obligations. The bill would prohibit disclosure, as specified, of the information submitted by a company pursuant to these provisions and in the possession or control of the department. The bill would require an association that self-funds all or part of its benefits to include a specified disclosure in all contracts that are not regulated by the department and in certificates evidencing coverage under those contracts. The bill would also require an association that holds a certificate of authority and that issues long-term disability or long-term care policies or contracts to, upon written request from a member, make available to that member the contract for benefits, certificate evidencing coverage, or other plan document that describes the benefits being provided to that member, within 30 days of the request. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.