Rule 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.Ga. Comp. R. & Regs. R. 120-2-3-.03
O.C.G.A. §§ 33-2-9, 33-23-1, 33-23-4, 33-23-44.
Original Rule entitled "Qualifications Required for Eligibility to Take License Examination" adopted. F. and eff. July 20, 1965.Repealed: New Rule entitled "Agents, Counselors, License Applications: Qualifications" adopted. F. May 21, 1982, eff. June 10, 1982.Repealed: New Rule of same title adopted. F. Aug. 24, 1989; eff. Sept. 15, 1989, as specified by the Agency.Repealed: New Rule entitled "Definitions" adopted. F. Sept. 10, 1992; eff. Sept. 30, 1992.Amended: F. Aug. 9, 1996; eff. Aug. 29, 1996.Repealed: New Rule of same title adopted. F. Jan. 15, 2003; eff. Feb. 4, 2003.Amended: New title "Use of Terms and Exemptions." F. Jan. 25, 2018; eff. Feb. 14, 2018.