Section 11521.1 Of Chapter 12. Grants And Annuities Societies From California Insurance Code >> Division 2. >> Part 2. >> Chapter 12.
11521.1
. (a) The funds and other property, together with interest
and dividends thereon and proceeds therefrom, conditioned upon
issuance of the certificate holder's contracts to pay annuities,
shall be maintained under a separate trust agreement for reserves
held for the benefit of California annuitants and shall be held
legally and physically segregated from the other assets of the
certificate holder. The amendments to this subdivision enacted during
the 1993 portion of the 1993-94 Regular Session shall apply to any
organization that is issued a new certificate of authority on or
after January 1, 1994. Any grants and annuities society that holds a
certificate of authority on January 1, 1994, and that is not in
compliance with this subdivision as of that date, shall comply with
these amendments by January 1, 1998.
(b) Nothing in subdivision (a) shall prevent the certificate
holder from withdrawing from time to time, pursuant to an appropriate
resolution of its board of trustees, that amount or amounts as are
determined, in a manner which is satisfactory to the commissioner, to
be excess over and above its reserve required to be maintained under
the provisions of Section 11521.
(c) If the grants and annuities society will manage and direct
investment of the reserve funds required under Section 11521, the
California reserves may be held under a declaration of trust stating
that the grants and annuities society will hold the funds in trust
and invest funds or property held in trust in accordance with the
requirements of this code. If a bank will manage or direct the
investment of the California reserves fund, a trust agreement shall
be executed with that institution that will act as a trustee.