Section 11523.5 Of Chapter 12. Grants And Annuities Societies From California Insurance Code >> Division 2. >> Part 2. >> Chapter 12.
11523.5
. Any person holding a certificate of authority under this
chapter may reinsure its total liability under an annuity agreement
(as defined in Section 11523) with an admitted insurer for a single
premium. In such event, such certificate holder may take credit for
such reinsurance in reduction of the amount of the reserve fund it is
required to maintain under the provisions of Section 11521, subject
to the following conditions:
(a) Such certificate holder shall file with the commissioner a
copy of the reinsurance contract specifying which annuity agreement
previously filed pursuant to Section 11522 is thereby reinsured.
(b) Such certificate holder shall enter into a written agreement
with the annuitant and the reinsurer agreeing that if it should for
any reason be unable to continue the making of the annuity payments
required by its annuity agreement, the annuitant shall receive
payments directly from the reinsurer and that such reinsurer shall be
credited with all such direct payments in the accounts between it
and such reinsurer.
(c) Any commission granted by the reinsurer on the reinsurance
shall be payable only to the certificate holder which shall pay no
commission directly or on account of such reinsurance.