SECTION 13.552. Required Filings

(a) Plan amendment. An approved PEO must file each plan amendment with the Life and Health Lines Office of TDI for prior approval by the commissioner. An amendment will not be effective until approved by the commissioner. The approved PEO's filing must include a statement by the approved PEO certifying that, to the best of the signer's knowledge and belief, in adopting the plan amendment, the approved PEO and the plan will remain in compliance with this subchapter and all applicable provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§1001-1191c.

(b) Trust amendment. An approved PEO must file each amendment to the trust agreement or any other organizational document of the trust with the Company Licensing and Registration Office of TDI for prior approval by the commissioner. An amendment will not be effective until approved by the commissioner. The approved PEO's filing must include a statement by the plan's trustees certifying that, to the best of the trustees' knowledge and belief, in adopting the trust amendment the plan and the trust will remain in compliance with this subchapter and all applicable provisions of ERISA, 29 U.S.C. §§1001-1191c.

(c) Transactions between parties. Agreements and transactions between or among the approved PEO, an affiliate, and the trust are subject to Insurance Code Chapter 823, Subchapters B and C, including the filing requirements of these subchapters. For the purposes of this subchapter, an affiliate and a trust are each considered members of an insurance holding company system as described in Insurance Code §823.006, concerning Description of Insurance Holding Company System.

Source Note: The provisions of this §13.552 adopted to be effective May 17, 2016, 41 TexReg 3479