As Reported by the Senate Insurance, Commerce and Labor Committee

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 193


Representatives Daniels, G. Smith, Fessler, Combs, Wolpert, C. Evans, Martin, Gibbs, D. Evans, Setzer, Barrett, Perry, DeBose, Boccieri, Hughes, Koziura, Brown, Chandler, Domenick, Reidelbach, Schlichter, Webster 

Senator Hottinger 



A BILL
To amend sections 9.90, 1751.12, 3917.01, 3917.06, 1
and 3917.07, to enact new section 3917.03 and 2
section 3917.02, and to repeal section 3917.03 of 3
the Revised Code to permit the sale of group life 4
insurance to specified groups and provide the 5
Superintendent of Insurance with the discretion to 6
authorize the sale of group life insurance to 7
additional groups.8


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 9.90, 1751.12, 3917.01, 3917.06, and 9
3917.07 be amended and new section 3917.03 and section 3917.02 of 10
the Revised Code be enacted to read as follows:11

       Sec. 9.90.  (A) The governing board of any public institution 12
of higher education, including without limitation state 13
universities and colleges, community college districts, university 14
branch districts, technical college districts, and municipal 15
universities, or the board of education of any school district, 16
may, in addition to all other powers provided in the Revised Code:17

       (1) Contract for, purchase, or otherwise procure from an18
insurer or insurers licensed to do business by the state of Ohio19
for or on behalf of such of its employees as it may determine,20
life insurance, or sickness, accident, annuity, endowment, health, 21
medical, hospital, dental, or surgical coverage and benefits, or 22
any combination thereof, by means of insurance plans or other 23
types of coverage, family, group or otherwise, and may pay from 24
funds under its control and available for such purpose all or any 25
portion of the cost, premium, or charge for such insurance, 26
coverage, or benefits. However, the governing board, in addition 27
to or as an alternative to the authority otherwise granted by 28
division (A)(1) of this section, may elect to procure coverage for 29
health care services, for or on behalf of such of its employees as 30
it may determine, by means of policies, contracts, certificates, 31
or agreements issued by at least two health insuring corporations 32
holding a certificate of authority under Chapter 1751. of the 33
Revised Code and may pay from funds under the governing board's 34
control and available for such purpose all or any portion of the 35
cost of such coverage.36

       (2) Make payments to a custodial account for investment in37
regulated investment company stock for the purpose of providing38
retirement benefits as described in section 403(b)(7) of the39
Internal Revenue Code of 1954, as amended. Such stock shall be40
purchased only from persons authorized to sell such stock in this41
state.42

       Any income of an employee deferred under divisions (A)(1) and 43
(2) of this section in a deferred compensation program eligible 44
for favorable tax treatment under the Internal Revenue Code of 45
1954, as amended, shall continue to be included as regular 46
compensation for the purpose of computing the contributions to and 47
benefits from the retirement system of such employee. Any sum so 48
deferred shall not be included in the computation of any federal 49
and state income taxes withheld on behalf of any such employee.50

       (B) All or any portion of the cost, premium, or charge51
therefor may be paid in such other manner or combination of52
manners as the governing board or the school board may determine,53
including direct payment by the employee in cases under division54
(A)(1) of this section, and, if authorized in writing by the55
employee in cases under division (A)(1) or (2) of this section, by 56
such governing board or school board with moneys made available by 57
deduction from or reduction in salary or wages or by the foregoing 58
of a salary or wage increase. Division (B)(7) ofNothing in59
section 3917.01 and the last paragraph ofor section 3917.06 of 60
the Revised Code shall not prohibit the issuance or purchase of 61
group life insurance authorized by this section by reason of 62
payment of premiums therefor by the governing board or the school 63
board from its funds, and such group life insurance may be so 64
issued and purchased if otherwise consistent with the provisions 65
of sections 3917.01 to 3917.07 of the Revised Code.66

       Sec. 1751.12.  (A)(1) No contractual periodic prepayment and 67
no premium rate for nongroup and conversion policies for health 68
care services, or any amendment to them, may be used by any health 69
insuring corporation at any time until the contractual periodic 70
prepayment and premium rate, or amendment, have been filed with 71
the superintendent of insurance, and shall not be effective until 72
the expiration of sixty days after their filing unless the 73
superintendent sooner gives approval. The filing shall be 74
accompanied by an actuarial certification in the form prescribed 75
by the superintendent. The superintendent shall disapprove the 76
filing, if the superintendent determines within the sixty-day 77
period that the contractual periodic prepayment or premium rate, 78
or amendment, is not in accordance with sound actuarial principles 79
or is not reasonably related to the applicable coverage and80
characteristics of the applicable class of enrollees. The81
superintendent shall notify the health insuring corporation of the 82
disapproval, and it shall thereafter be unlawful for the health 83
insuring corporation to use the contractual periodic prepayment or 84
premium rate, or amendment.85

       (2) No contractual periodic prepayment for group policies for 86
health care services shall be used until the contractual periodic 87
prepayment has been filed with the superintendent. The filing 88
shall be accompanied by an actuarial certification in the form 89
prescribed by the superintendent. The superintendent may reject a 90
filing made under division (A)(2) of this section at any time, 91
with at least thirty days' written notice to a health insuring92
corporation, if the contractual periodic prepayment is not in 93
accordance with sound actuarial principles or is not reasonably 94
related to the applicable coverage and characteristics of the 95
applicable class of enrollees.96

       (3) At any time, the superintendent, upon at least thirty97
days' written notice to a health insuring corporation, may98
withdraw the approval given under division (A)(1) of this section,99
deemed or actual, of any contractual periodic prepayment or 100
premium rate, or amendment, based on information that either of 101
the following applies:102

       (a) The contractual periodic prepayment or premium rate, or 103
amendment, is not in accordance with sound actuarial principles.104

       (b) The contractual periodic prepayment or premium rate, or 105
amendment, is not reasonably related to the applicable coverage 106
and characteristics of the applicable class of enrollees.107

       (4) Any disapproval under division (A)(1) of this section,108
any rejection of a filing made under division (A)(2) of this 109
section, or any withdrawal of approval under division (A)(3) of 110
this section, shall be effected by a written notice, which shall 111
state the specific basis for the disapproval, rejection, or 112
withdrawal and shall be issued in accordance with Chapter 119. of 113
the Revised Code.114

       (B) Notwithstanding division (A) of this section, a health 115
insuring corporation may use a contractual periodic prepayment or 116
premium rate for policies used for the coverage of beneficiaries 117
enrolled in Title XVIII of the "Social Security Act," 49 Stat. 620 118
(1935), 42 U.S.C.A. 301, as amended, pursuant to a medicare risk 119
contract or medicare cost contract, or for policies used for the 120
coverage of beneficiaries enrolled in the federal employees health 121
benefits program pursuant to 5 U.S.C.A. 8905, or for policies used 122
for the coverage of beneficiaries enrolled in Title XIX of the 123
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 124
amended, known as the medical assistance program or medicaid, 125
provided by the department of job and family services under126
Chapter 5111. of the Revised Code, or for policies used for the 127
coverage of beneficiaries under any other federal health care 128
program regulated by a federal regulatory body, or for policies 129
used for the coverage of beneficiaries under any contract covering 130
officers or employees of the state that has been entered into by 131
the department of administrative services, if both of the 132
following apply:133

       (1) The contractual periodic prepayment or premium rate has 134
been approved by the United States department of health and human 135
services, the United States office of personnel management, the 136
department of job and family services, or the department of 137
administrative services.138

       (2) The contractual periodic prepayment or premium rate is 139
filed with the superintendent prior to use and is accompanied by140
documentation of approval from the United States department of 141
health and human services, the United States office of personnel 142
management, the department of job and family services, or the 143
department of administrative services.144

       (C) The administrative expense portion of all contractual 145
periodic prepayment or premium rate filings submitted to the 146
superintendent for review must reflect the actual cost of 147
administering the product. The superintendent may require that the 148
administrative expense portion of the filings be itemized and 149
supported.150

       (D)(1) Copayments must be reasonable and must not be a 151
barrier to the necessary utilization of services by enrollees.152

       (2) A health insuring corporation, in order to ensure that 153
copayments are reasonable and not a barrier to the necessary 154
utilization of basic health care services by enrollees, may do one 155
of the following:156

       (a) Impose copayment charges on any single covered basic 157
health care service that does not exceed forty per cent of the 158
average cost to the health insuring corporation of providing the 159
service;160

       (b) Impose copayment charges that annually do not exceed 161
twenty per cent of the total annual cost to the health insuring 162
corporation of providing all covered basic health care services, 163
including physician office visits, urgent care services, and 164
emergency health services, when aggregated as to all persons 165
covered under the filed product in question. In addition, annual 166
copayment charges as to each enrollee shall not exceed twenty per 167
cent of the total annual cost to the health insuring corporation 168
of providing all covered basic health care services, including 169
physician office visits, urgent care services, and emergency 170
health services, as to such enrollee. The total annual cost of 171
providing a health care service is the cost to the health insuring172
corporation of providing the health care service to its enrollees173
as reduced by any applicable provider discount. 174

       (3) To ensure that copayments are reasonable and not a 175
barrier to the utilization of basic health care services, a health 176
insuring corporation may not impose, in any contract year, on any177
subscriber or enrollee, copayments that exceed two hundred per178
cent of the average annual premium rate to subscribers or 179
enrollees. 180

       (4) For purposes of division (D) of this section, both of the 181
following apply:182

        (a) Copayments imposed by health insuring corporations in 183
connection with a high deductible health plan that is linked to a 184
health savings account are reasonable and are not a barrier to the 185
necessary utilization of services by enrollees.186

        (b) Divisions (D)(2) and (3) of this section do not apply to 187
a high deductible health plan that is linked to a health savings 188
account.189

       (E) A health insuring corporation shall not impose lifetime 190
maximums on basic health care services. However, a health insuring 191
corporation may establish a benefit limit for inpatient hospital 192
services that are provided pursuant to a policy, contract, 193
certificate, or agreement for supplemental health care services.194

       (F) A health insuring corporation may require that an 195
enrollee pay an annual deductible that does not exceed one 196
thousand dollars per enrollee or two thousand dollars per family. 197
The, except that:198

        (1) A health insuring corporation may impose higher 199
deductibles for high deductible health plans that are linked to 200
health savings accounts;201

        (2) The superintendent may adopt rules definingallowing202
different annual deductible amounts for plans with an 203
employer-sponsoreda medical savings account, health reimbursement 204
arrangement, or flexible spending account, or similar account.205

        (G) As used in this section, "health savings account" and 206
"high deductible health plan" have the same meanings as in the 207
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as 208
amended.209

       Sec. 3917.01. (A) Group life insurance is that form of life 210
insurance covering not less than two employees with or without 211
medical examination, written under aAs used in sections 3917.01 212
to 3917.06 of the Revised Code, the following forms of life 213
insurance are group life insurance:214

       (A) A life insurance policy issued to thean employer, or to 215
a trusteethe trustees of a trust createdfund established by such216
an employer, the premium on which is to be paid by the employer, 217
by the employer and employees jointly, or by such trustee out of 218
funds contributed by the employer or by the employer and employees219
jointly, and insuring only all of the employer's employees or all 220
of any classes thereof, determined by sex, age, or conditions 221
pertaining to the employment, for amounts of insurance based upon 222
some plan which will preclude individual selection,which employer 223
or trustees shall be deemed the policyholder, to insure employees 224
of the employer for the benefit of persons other than the 225
employer; but when the premium is to be paid by the employer and 226
employee jointly and the benefits of the policy are offered to all 227
eligible employees, not less than seventy-five per cent of such 228
employees may be so insured. Such group, subject to all of the 229
following requirements:230

       (1) All of the employees of the employer, or all of any class 231
or classes of employees, are eligible for life insurance. The 232
policy may provide that "employees" includes the employees of one 233
or more subsidiary corporations and the employees, individual 234
proprietors, and partners of one or more affiliated corporations, 235
proprietorships, or partnerships if the business of the employer 236
and the affiliated corporations, proprietorships, or partnerships 237
is under common control. The policy may provide that "employees" 238
includes retired employees of the employer and the officers, 239
managers, former employees, and retired employees of subsidiary or 240
affiliated corporations and the individual proprietors, partners, 241
employees, and retired employees of affiliated individuals and 242
firms, when the business of such subsidiary or affiliated 243
corporations, firms, or individuals is controlled by the common 244
employer through stock ownership, contract, or otherwise. This 245
section does not define as a group the lives covered by a policy 246
issued on more than one life which provides for payments upon the 247
death of any one or more or upon the death of each of the lives so 248
insured, and upon which the premium rates charged are computed on 249
the same basis as used by the issuing company on single life 250
policies and upon its regular forms of insurance.251

       (B) As used in sections 3917.01 to 3917.06 of the Revised252
Code, the following forms of life insurance are group life253
insurance:254

       (1) Life insurance covering the members of one or more255
companies, batteries, troops, battalions, divisions, or other256
units of the national guard or naval militia of any state, written 257
under a policy issued to the commanding general of the national 258
guard or commanding officer of the naval militia, who is the 259
employer for the purposes of such sections, the premium on which 260
is to be paid by the members of such units for the benefit of 261
persons other than the employer; provided that when the benefits 262
of the policy are offered to all eligible members of a unit of the 263
national guard or naval militia, not less than seventy-five per 264
cent of the members of such a unit may be insured;265

       (2) Life insurance covering the members of one or more troops 266
or other units of the state troopers or state police of any state, 267
written under a policy issued to the commanding officer of the 268
state troopers or state police who is the employer for the 269
purposes of such sections, the premium on which is to be paid by 270
the members of such units for the benefit of persons other than 271
the employer; provided that when the benefits of the policy are 272
offered to all eligible members of a unit of the state troopers or 273
state police, not less than seventy-five per cent of the members 274
of such a unit may be insured;275

       (3) Life insurance covering the members of any labor union, 276
written under a policy issued to such union which is the employer 277
for the purposes of such sections, the premium on which is to be 278
paid by the union or by the union and its members jointly, and 279
insuring only all of its members, who are actively engaged in the 280
same occupation, for amounts of insurance based upon some plan 281
which will preclude individual selection, for the benefit of 282
persons other than the union or its officials; provided that in 283
case the insurance policy is cancellable at the end of any policy 284
year at the option of the insurance company and that the basis of 285
premium rates may be changed by the insurance company at the 286
beginning of any policy year, all members of a labor union may be 287
insured; and provided that when the premium is to be paid by the 288
union and its members jointly and the benefits are offered to all 289
eligible members, not less than seventy-five per cent of such 290
members may be insured; and provided that when members apply and 291
pay for additional amounts of insurance, a smaller percentage of 292
members may be insured for such additional amounts if they pass 293
satisfactory medical examinations or submit satisfactory evidence 294
of insurability;295

       (4) Life insurance written under adirectors of a corporate 296
employer. A policy issued to insure the employees of a public body 297
may provide that "employees" includes elected or appointed 298
officials.299

       (2) The premium for the policy shall be paid either from the 300
employer's funds or from funds contributed by the insured 301
employees, or from both. Except as provided in division (A)(3) of 302
this section, a policy for which no part of the premium is derived 303
from funds contributed by the insured employees shall insure all 304
eligible employees, except those employees who reject the coverage 305
in writing.306

       (3) An insurer may exclude or limit the coverage on any 307
employee as to whom evidence of individual insurability is not 308
satisfactory to the insurer.309

       (4) A policy issued pursuant to section 3911.091 of the 310
Revised Code is not subject to the requirements of this division.311

       (B) A life insurance policy issued to a creditor, whoor its 312
parent holding company or to a trustee or trustees or agent 313
designated by two or more creditors, which creditor, holding 314
company, affiliate, trustee, trustees, or agent shall be deemed 315
the policyholder, to insure debtors of the creditor or creditors, 316
subject to the following requirements:317

       (a)(1) The debtors eligible for insurance under the policy318
shall be all of the debtors of the creditor, excepting that no 319
debtor is eligible unless the indebtedness constitutes an 320
obligation to repay that is binding upon the debtor during the321
debtor's lifetime at and from the date the insurance becomes 322
effective upon the debtor's lifeor creditors, or all of any class 323
or classes of the debtors. The policy may provide that "debtors" 324
includes theall of the following:325

       (a) Borrowers of money or purchasers or lessees of goods, 326
services, or property for which payment is arranged through a 327
credit transaction;328

       (b) The debtors of one or more subsidiary corporations and 329
the;330

       (c) The debtors of one or more affiliated corporations, 331
proprietorsproprietorships, or partnerships if the business of 332
the policyholder and of suchthe affiliated corporations, 333
proprietorsproprietorships, or partnerships is under common 334
control through stock ownership, contract, or otherwise.335

       (b)(2) The premium for the policy shall be paid by the336
policyholder, either from the creditor's funds, or from charges337
collected from the insured debtors, or from both. A policy on338
which part or all of the premium is to be derived from the339
collection from the insured debtors of identifiable charges not340
required of uninsured debtors shall not include debtors under341
obligations outstanding at its date of issue without evidence of342
individual insurability unless at least seventy-five per cent of343
the then eligible debtors elect to pay the required charges. A344
Except as provided in division (B)(3) of this section, a policy on 345
which no part of the premium is to be derived from the collection 346
of such identifiable charges mustfunds contributed by insured 347
debtors specifically for the debtors' insurance shall insure all 348
eligible debtors, or all except any.349

       (3) An insurer may exclude any debtor as to whom evidence of 350
individual insurability is not satisfactory to the insurer.351

       (c) The policy may be issued only if the group of eligible352
debtors is then receiving new entrants at the rate of at least one 353
hundred persons yearly, or may reasonably be expected to receive 354
at least one hundred new entrants during the first policy year, 355
and continues to receive not less than one hundred new entrants to 356
the group yearly, and only if the policy reserves to the insurer 357
the right to require evidence of individual insurability if less 358
than seventy-five per cent of the new entrants become insured. The 359
policy may exclude from the classes eligible for insurance classes 360
of debtors determined by age.361

       (d) The amount of insurance on the life of any debtor may be 362
determined by the age of the debtor based upon a plan which will 363
preclude individual selection and shall at no time exceed the 364
amount owed by the debtor that is repayable in installments to the 365
creditor.366

       (e) The insurance shall be payable to the policyholder. Such 367
payment shall reduce or extinguish the unpaid indebtedness of the 368
debtor to the extent of such payment.369

       (5) Life insurance covering the members of any duly organized 370
corporation or association of veterans or veteran society or 371
association of the World War veterans, written under a policy 372
issued to such corporation, association, or society which is the 373
employer for the purpose of such sections, the premium on which is 374
to be paid by the corporation, association, society, and its 375
members jointly, and insuring all of its members who are actively 376
engaged in any occupation for amounts of insurance based upon some 377
plan which will preclude individual selection for the benefit of 378
persons other than the corporation, association, or society or its 379
officials; provided that when the premium is to be paid by the 380
corporation, association, or society and its members jointly and 381
the benefits are offered to all eligible members, not less than 382
seventy-five per cent of such members may be insured; and provided 383
that when members apply and pay for additional amounts of 384
insurance, a smaller percentage of members may be insured for such 385
additional amounts if they pass satisfactory medical examinations 386
or submit satisfactory evidence of insurability;387

       (6) Life insurance covering the members of any organization 388
of agriculturists or horticulturists organized under the 389
co-operative laws of this state, written under a policy issued to 390
such co-operative association which is the employer for the 391
purpose of such sections, the premium on which is to be paid by 392
the association or by the association and its members jointly, and 393
insuring all of its members who are actively engaged in394
agricultural or horticultural pursuits, for an amount of insurance 395
based upon some plan which will preclude individual selection, and 396
for the benefit of persons other than the association or its 397
officials; provided that when the premium is to be paid by the 398
corporation, association, or society and its members jointly and 399
the benefits are offered to all eligible members, not less than 400
seventy-five per cent of such members may be insured; provided 401
that when members apply and pay for additional amounts of 402
insurance, a smaller percentage of members may be insured for such 403
additional amounts if they pass satisfactory medical examinations 404
or submit satisfactory evidence of insurability;405

       (7) Life insurance covering employees of a political406
subdivision or district of this state, or of an educational or407
other institution supported in whole or in part by public funds,408
or of any classes thereof, determined by conditions pertaining to409
employment, or of this state or any department or division410
thereof, written under a policy issued to such political411
subdivision, district, or institution, or the proper official or412
board of this state or of such state department or division413
thereof, which is the employer for the purpose of such sections,414
the premium on which is to be paid by such employees, unless415
otherwise provided by law, charter, or ordinance, for the benefit416
of persons other than the employer; provided that when the417
benefits of the policy are offered to all eligible employees of a418
political subdivision or district of the state or of an419
educational or other institution supported in whole, or in part by 420
public funds, or of this state or a state department or division 421
thereof, not less than seventy-five per cent of such employees may 422
be insured; and provided that when employees apply and pay for 423
additional amounts of insurance, a smaller percentage of employees 424
may be insured for such additional amounts if they pass 425
satisfactory medical examinations or submit satisfactory evidence 426
of insurability; and provided that upon acquisition by a political 427
subdivision of any privately owned property or enterprise, the 428
employees of which have been covered by a group policy of life or 429
other insurance as employees of such private employer, such 430
political subdivision and insurance company may continue such 431
contract in force upon similar conditions as the last preceding 432
private employer;433

       (8) Life insurance covering the members, or the members and 434
the employees of members of any duly organized association, other 435
than an association subject to any other provision of this436
division, written under a policy issued to such association, which 437
association is the employer for the purpose of such sections, the 438
premium on which is to be paid by the insured members or their 439
employees, insuring members and their employees for amounts of 440
insurance based upon some plan which will preclude individual 441
selection except as provided in this section, for the benefit of 442
persons other than the association; provided the association has 443
been in existence for at least two years immediately preceding the 444
purchase of the insurance; provided that there must be at least 445
fifty insured members in any group; and provided that the 446
association has been organized and is maintained in good faith for 447
purposes other than that of obtaining insurance;448

       (9) Life(4) The amount of insurance on the life of any 449
debtor, at no time, shall exceed the greater of the scheduled or 450
actual amount of unpaid indebtedness to the creditor, except that 451
insurance written in connection with open-end credit having a 452
credit limit exceeding ten thousand dollars may be in an amount 453
not exceeding the credit limit.454

       (5) The insurance may be payable to the creditor or any 455
successor to the right, title, and interest of the creditor. The 456
payment shall reduce or extinguish the unpaid indebtedness of the 457
debtor to the extent of the payment and any excess of the 458
insurance shall be payable to the estate of the insured.459

       (6) Notwithstanding divisions (B)(1) to (5) of this section, 460
insurance on agricultural credit transaction commitments may be 461
written up to the amount of the loan commitment on a nondecreasing 462
or level term plan. Insurance on educational credit transaction 463
commitments may be written up to the amount of the loan commitment 464
less the amount of any repayments made on the loan.465

       (C) A life insurance policy issued to a labor union or 466
similar employee organization, which union or organization shall 467
be deemed the policyholder, to insure members of the union or 468
organization for the benefit of persons other than the union or 469
organization or any of its officials, representatives, or agents, 470
subject to all of the following requirements:471

       (1) All of the members of the union or organization, or all 472
of any class or classes of the members, are eligible for insurance 473
under the policy.474

       (2) The premium for the policy is paid either from funds of 475
the union or organization or from funds contributed by the insured 476
members specifically for the members' insurance, or from both. 477
Except as provided in division (C)(3) of this section, a policy on 478
which no part of the premium is derived from funds contributed by 479
the insured members specifically for the members' insurance shall 480
insure all eligible members, except those members who reject the 481
coverage in writing.482

       (3) An insurer may exclude or limit the coverage on any 483
member as to whom evidence of individual insurability is not 484
satisfactory to the insurer.485

       (D) A life insurance policy issued to a trust or to the486
trustees of a trust fund established jointly by one or more 487
employers in the same industry, on the one hand, andor adopted by 488
two or more employees, or by one or more labor unions representing 489
as bargaining agents employees of such employers, on the other 490
hand, or by twoor similar employee organizations, or by one or 491
more employers in the same industry, or by twoand one or more 492
labor unions or similar employee organizations, which trust or493
trustees shall be deemed the policyholder, to insure employees of 494
the employers or members of the unions or similar employee 495
organizations for the benefit of persons other than the employers 496
or the unions or the trusteesorganizations, subject to the 497
following requirements:498

       (a)(1) The persons eligible for such insurance shall be all499
of the employees of the employers, or all of the members of the500
unions or organizations, or all of any class of such employees 501
determined by sex, age, or conditions pertaining to their 502
employment, or to membership in the unions, or to any or all of 503
themor classes of the employees or members. The policy may 504
provide that "employees" includes the retired employees of the 505
employer and the officers, managers, employees, and retired506
employees of one or more subsidiary or affiliated corporations and 507
the employees, individual proprietors, and partners, employees, 508
and retired employees of affiliated individuals and firms, when 509
the business of such subsidiary orof one or more affiliated 510
corporations, firms, or individuals is controlled by the common 511
employer through stock ownership, contract, or otherwise512
proprietorships, or partnerships if the business of the employer 513
and of the affiliated corporations, proprietorships, or 514
partnerships is under common control. The policy may provide that515
"employees" includes the individual proprietor or partners if the516
employer is an individual proprietorproprietorship or a 517
partnership. The policy may provide that "employees" includes 518
retired employees, former employees, and directors of a corporate 519
employer. The policy may provide that "employees" includes the 520
trustees or their employees, or both, if their duties are 521
principally connected with suchthe trusteeship.522

       (b)(2) The premium for the policy shall be paid by the523
trustees, either wholly from funds contributed by the employer or524
employers of the insured persons, or partly from such funds and 525
partly from funds contributed by the insured employees. If part of 526
the premium is to be derived from funds contributed by the insured527
employees, then such policy may be placed in force only if it528
covers at least seventy-five per cent of the then eligible529
employees. Aor by the union or unions or similar employee 530
organizations, or by both, or from funds contributed by the 531
insured persons or from both the insured persons and the employers 532
or unions or similar employee organizations. Except as provided in 533
division (D)(3) of this section, a policy on which no part of the 534
premium is derived from funds contributed by the insured employees535
persons specifically for their insurance must insure all eligible 536
employees.537

       (c) Any policy must insure at least two persons at date of538
issue.539

       (d) The amounts of insurance under the policy must be based 540
upon some plan precluding individual selection by the insured 541
persons or the policyholder or the employers or the unions or the 542
trustees.543

       (10) Life insurance covering the members of a credit union, 544
which shall be deemed to be the employer for the purposes of this 545
section, the premium on which is to be paid by the credit union or 546
by the credit union and its members jointly, and insuring all of 547
its eligible members for amounts of insurance not in excess of the 548
share balance as to each member, and for the benefit of persons 549
other than the credit union or its officers; provided that in the 550
determination of the eligibility of members there may be 551
classifications and limitations based upon age; provided also that 552
when the premium is to be paid by the credit union and its members 553
jointly and the benefits are offered to all eligible members, not 554
less than seventy-five per cent of such members may be so insured; 555
provided also that in obtaining such insurance, the officers of 556
the credit union shall consider proposals from any licensed 557
insurer; provided also that members may be required to provide 558
evidence of insurability satisfactory to the insurer.559

       (11) Life insurance covering the members of any duly560
organized corporation or association of members of the Ohio561
national guard, the Ohio naval militia, and the Ohio military562
reserve, which shall have been in existence for at least two years 563
immediately preceding the purchase of such insurance, written 564
under a policy issued to such corporation or association, which 565
corporation or association is the employer for the purpose of such 566
sections, the premium on which is to be paid by the insured 567
members, insuring members for amounts of insurance based upon some 568
plan which will preclude individual selection, except as provided 569
in this section, for the benefit of persons other than the 570
corporation or association, provided that there must be at least 571
fifty insured members in any group, and provided further that 572
unless seventy-five per cent of all members or one thousand573
members, whichever is the lesser number, are insured, each member574
must pass a satisfactory medical examination in order to be575
insured; and provided that, when members apply and pay for576
additional amounts of insurance, they may be insured for such577
additional amounts if they pass satisfactory medical examinations578
or submit satisfactory evidence of insurabilitypersons, except 579
those persons who reject the coverage in writing.580

       (3) An insurer may exclude or limit the coverage on any 581
person as to whom evidence of individual insurability is not 582
satisfactory to the insurer.583

       (E) A life insurance policy issued to an association or to a 584
trust or the trustees of a fund established, created, or 585
maintained for the benefit of members of one or more associations, 586
which association, trust or trustee, or an agent, shall be deemed 587
the policyholder, subject to all of the following requirements:588

       (1) The association or associations have at the outset a 589
minimum of one hundred persons, have been organized and maintained 590
in good faith for purposes other than that of obtaining insurance, 591
have been in active existence for at least two years, and have a 592
constitution and bylaws providing for all of the following:593

       (a) The association or associations shall hold regular 594
meetings not less than annually to further purposes of the 595
members.596

       (b) The association or associations, except for credit 597
unions, shall collect dues or solicit contributions from members.598

       (c) The members of the association or associations shall have 599
voting privileges and representation on the governing board and 600
committees.601

       (2) The policy is subject to all of the following 602
requirements:603

       (a) The policy may insure one or more of the members of the 604
association or associations, employees of the association or 605
associations, or employees of members, or all of any class or 606
classes of the employees or members of the association or 607
associations, and employees of the members of the association or 608
associations, for the benefit of persons other than an employee's 609
employer.610

       (b) The premium for the policy is paid from funds contributed 611
by the association or associations, or by employer members, or by 612
both, or from funds contributed by the covered members or 613
employees or from both the covered members and employees and the 614
association, associations, or employer members.615

       (c) Except as provided in division (E)(3) of this section, a 616
policy on which no part of the premium is derived from funds 617
contributed by the covered members and employees specifically for 618
the covered members' and employees' insurance shall insure all 619
eligible members and employees, except those who reject the 620
coverage in writing.621

       (3) An insurer may exclude or limit the coverage on any 622
member or employee as to whom evidence of individual insurance is 623
not satisfactory to the insurer.624

       (F) A life insurance policy issued to a credit union or to a 625
trustee or trustees or agent designated by two or more credit 626
unions, which credit union, trustee, trustees, or agent shall be 627
deemed the policyholder, to insure the members of the credit union 628
or credit unions for the benefit of persons other than the credit 629
union or credit unions, trust or trustees, or agents or officials 630
of the credit union or credit unions or trust, subject to all of 631
the following requirements:632

       (1) All of the members of the credit union or credit unions, 633
or all of any class or classes of the members, are eligible for 634
insurance.635

       (2) The premium for the policy is paid by the policyholder 636
from the credit union's funds and except as provided in division 637
(F)(3) of this section shall insure all eligible members.638

       (3) An insurer may exclude or limit the coverage on any 639
member as to whom evidence of individual insurability is not 640
satisfactory to the insurer.641

       (12)(G) Life insurance that is written under a policy issued 642
to a trustee under a trust established by an insurer for the 643
purpose of providing continued group life insurance coverage to 644
those former employees, former members, or former members and the 645
employees of such members, and their spouses and dependent 646
childrendependents, previously covered under policies of group 647
life insurance issued by the insurer to employers or trustees 648
pursuant to division (A) of this section, to associations pursuant 649
to division (B)(8)(D) of this section, or to trustees pursuant to 650
division (B)(9)(E) of this section, or to groups pursuant to 651
division (I) of this section, and that is evidenced by the 652
issuance of a certificate of insurance or other evidence of 653
insurance to such former employees or members as required by 654
section 3917.06 of the Revised Code; provided that the amount of 655
the continued life insurance coverage made available to a former 656
employee or member and to the employee's or member's spouse and657
dependents shall not exceed the amount of the group life insurance 658
coverage previously provided to the employee or member and the 659
employee's or member's eligible dependents at the time of the660
employee's separation from employment or the member's termination 661
of membership.662

       (13)(H) Life insurance covering the members of a workforce 663
actively engaged in an occupation for, and performing services on 664
behalf of, a duly organized corporation, limited liability 665
company, partnership, proprietor, or a similar organization, whose 666
members are not employees of the organization, written under a 667
policy issued to the organization, which organization is the 668
members' employer for this purpose, the premium on which is to be 669
paid by the organization or by the organization and the members 670
jointly, insuring members for amounts of insurance based upon some 671
plan which will preclude individual selection, for the benefit of 672
persons other than the organization; provided, that when the 673
premium is to be paid by the organization and its members jointly 674
and the benefits are offered to all eligible members, not less 675
than seventy-five per cent of the members may be so insured;676
provided also that members may be required to furnish evidence of 677
insurability satisfactory to the insurer. Life insurance meeting 678
this definition may also cover the organization's employees at the 679
option of the organization.680

       (C) Any policy issued pursuant to this section, except a681
policy issued to a creditor pursuant to division (B)(4) of this682
section, may be extended, in the form of group term life insurance 683
only, to insure the spouse and dependent children of an insured 684
employee or member, or any class or classes thereof, subject to 685
the following requirements:686

       (1) The premiums for the group term life insurance shall be 687
paid by the policyholder, either from the employer, union or688
association funds, or from funds contributed by the employer,689
union, or association, or from funds contributed by the insured690
employee or member, or from both.691

       (2) The amounts of insurance under the policy must be based 692
upon some plan precluding individual selection either by the 693
insured employee or member or by the policyholder.694

       (3) Upon termination of the group term life insurance with695
respect to the spouse of any insured employee or member by reason696
of such person's termination of employment or membership or death, 697
the spouse insured pursuant to this section shall have the same 698
conversion rights as to the group term life insurance on the699
spouse's life as is provided for the insured employee or member.700

       (4) Only one certificate need be issued for delivery to an701
insured employee or member if a statement concerning any702
dependent's coverage is included in such certificate.703

       (I)(1) A life insurance policy covering the members of a 704
group other than one listed in divisions (A) to (H) of this 705
section, subject to the superintendent finding all of the 706
following:707

       (a) The issuance of the policy is not contrary to the best 708
interest of the public.709

       (b) The issuance of the policy would result in economies of 710
acquisition or administration.711

       (c) The policy provides benefits that are reasonable in 712
relation to the premiums charged.713

       (2) An insurer shall not offer group life insurance in this 714
state under a policy issued in another state unless the 715
superintendent, or the insurance regulatory authority of another 716
state with requirements substantially similar to the requirements 717
set forth in division (I)(1) of this section, makes a 718
determination that the requirements in division (I)(1) of this 719
section have been met.720

       (3) The premium for a life insurance policy under this 721
division is paid either from the policyholder's funds or from 722
funds contributed by the insured members, or from both, and except 723
as provided in division (I)(4) of this section, the policy must 724
insure all eligible members except those members who reject the 725
coverage in writing.726

       (4) An insurer may exclude or limit the coverage on any 727
member as to whom evidence of individual insurability is not 728
satisfactory to the insurer.729

       Sec. 3917.02. (A) As used in this section:730

        (1) "Direct response solicitation" means a solicitation 731
through a sponsoring or endorsing entity through the mail, 732
telephone, or other mass communication media.733

        (2) "Sponsoring or endorsing entity" means an organization 734
that has arranged for the offering of a program of insurance in a 735
manner that communicates that eligibility for participation in the 736
program is dependent upon affiliation with the organization or 737
that the organization encourages participation in the program.738

        (B) With respect to a program of life insurance that, if 739
issued on a group basis, would not qualify as a policy of group 740
life insurance under divisions (A) to (H) of section 3917.01 of 741
the Revised Code, the insurer shall distribute a written notice to 742
prospective insureds that compensation will or may be paid, if 743
compensation of any kind will or may be paid, to one of the 744
following persons:745

        (1) A policyholder, or sponsoring or endorsing entity, in the 746
case of a group policy;747

        (2) A sponsoring or endorsing entity in the case of 748
individual, blanket, or franchise policies marketed by means of a 749
direct response solicitation.750

        (C) The insurer shall distribute the notice required by this 751
section whether the potential compensation is direct or indirect 752
and whether the compensation is paid to or retained by the 753
policyholder or sponsoring or endorsing entity or paid to or 754
retained by a third party, or an entity affiliated with the third 755
party by way of ownership, contract, or employment, at the 756
direction of the policyholder or sponsoring or endorsing entity.757

        (D) The notice required by this section shall be placed on or 758
accompany an application or enrollment form provided to 759
prospective insureds.760

       Sec. 3917.03. Any life insurance policy issued pursuant to 761
section 3917.01 of the Revised Code, except for a policy issued 762
pursuant to division (B) of section 3917.01 of the Revised Code, 763
may be extended to insure an employee's dependents or member's 764
dependents, as defined by the policy, or any class or classes of 765
dependents, subject to the following:766

        (A) The premium for the insurance shall be paid either from 767
the funds contributed by the employer, union, association, or 768
other person to whom the policy has been issued, or from funds 769
contributed by the covered persons, or from both. Except as 770
provided in division (B) of this section, a policy on which no 771
part of the premium for the dependent's coverage is derived from 772
funds contributed by the covered persons shall insure the 773
dependents of all eligible employees or members, or a class or 774
classes of dependents.775

        (B) A life insurer may exclude or limit the coverage on any 776
dependent as to whom evidence of individual insurability is not 777
satisfactory to the insurer.778

       Sec. 3917.06. NoExcept as provided in division (M) of this 779
section, no policy of group life insurance shall be issued or780
delivered in this state until a copy of its form has been filed 781
with the superintendent of insurance and formally approved by the 782
superintendent; nor shall such policy be so issued or delivered783
unless it contains in substance the following provisions or other 784
provisions, that in the opinion of the superintendent of insurance 785
are more favorable to the persons insured, or at least as 786
favorable to the persons insured and more favorable to the 787
policyholder:788

       (A) A provision that the policyholder is entitled to a grace 789
period of thirty-one days for the payment of any premiums due 790
except the first, during which grace period the death benefit791
coverage shall continue in force, unless the policyholder has792
given the insurer written notice of discontinuance in advance of793
the date of discontinuance and in accordance with the terms of the 794
policy; the policy may provide that the policyholder is liable to 795
the insurer for the payment of a pro rata premium for the time the 796
policy was in force during such grace period;797

       (B) A provision that the policy is incontestable after two798
years from its date of issue, except for nonpayment of premiums799
and except for violation of the conditions of the policy relating800
to military or naval service in time of war;. No statement made by 801
any individual insured under the policy relating to the 802
individual's insurability shall be used in contesting the validity 803
of the insurance, with respect to which the statement was made, 804
that has been in force prior to the contest for a period of two 805
years during the individual's life, unless the statement is 806
contained in a written instrument signed by the individual. This 807
division does not preclude the assertion at any time of defenses 808
based upon provisions in the policy that relate to eligibility for 809
coverage.810

       (C) A provision requiring that the policy anda copy of the 811
application submitted in connection therewith constitute the 812
entire contract between the partiesof the policyholder, if any, 813
be attached to the policy when issued, and that all statements 814
contained in such application are deemed, in the absence of fraud,815
made by the policyholder and individuals insured shall be deemed816
representations and not warranties, and that no such statement 817
made by any person insured shall be used in defense to a claim 818
under the policy, unless it is contained in a written application819
any contest unless a copy of the instrument containing the 820
statement is furnished to the insured, or in the event of the 821
death or incapacity of the insured, to the insured's beneficiary 822
or personal representative;823

       (D) A provision setting forth the conditions, if any, under 824
which the insurer reserves the right to require an individual 825
eligible for insurance to furnish evidence of individual 826
insurability satisfactory to the insurer as a condition to part or 827
all of the individual's coverage;828

       (E) A provision for thespecifying an equitable adjustment of 829
the premium or the amount of insurance payablebenefits, or both, 830
to be made in the event of a misstatement of the age of an 831
employee or other person whose life is insured under a group life 832
policy;833

       (E) Except in the case of a policy described in division834
(B)(4) of section 3917.01 of the Revised Code, a. The provision 835
shall contain a clear statement of the method of adjustment.836

       (F) A provision requiring that any sum becoming due by reason 837
of the death of the insured be payable to the beneficiary 838
designated by the insured. However, if the policy contains 839
conditions pertaining to family status, the beneficiary may be the 840
family member specified by the policy terms, subject to the 841
provisions of the policy in the event that there is no designated 842
beneficiary living at the time of the death of the insured as to 843
all or any part of the sum, and subject to any right reserved in 844
the policy by the insurer and set forth in the certificate to pay, 845
at the insurer's option, a part of the sum not exceeding two 846
thousand dollars to any beneficiary that the insurer believes is 847
equitably entitled to the amount by reason of having incurred 848
funeral or other expenses incident to the last illness or death of 849
the insured.850

       (G) A provision that the companyinsurer will issue to the 851
policyholder for delivery to each person whose life is insured 852
under such policy, an individuala certificate setting forth a 853
statement as to the insurance protection to which the person is 854
entitled, any dependent's coverage, to whom benefits are payable, 855
together withand the rights and conditions set forth in divisions 856
(H) to (K) of this section. The policyholder may issue a single 857
certificate for delivery to an insured employee or member if a 858
statement concerning any dependent's coverage is included in the 859
certificate.860

       (H)(1) A provision to the effect that in case ofif all or 861
any part of the insurance on an insured or an insured's dependents 862
ceases because of the termination of the employment for any reason863
or of membership in the class or classes eligible for insurance864
coverage under the policy, such person is entitled to have issued 865
to the person by the companyinsurer, without evidence of 866
insurability, and upon application made to the companyan 867
individual policy of life insurance without disability or 868
supplementary benefits, provided that application for the 869
individual policy is made, and the first premium is paid to the 870
insurer, within thirty-one days after such termination, and upon 871
the payment of the premium applicable to the class of risk to 872
which the person belongs and to the form and amount of the policy 873
at the person's then attained age, either a policy of life874
insurance inprovided that all of the following conditions are 875
met:876

       (a) The individual policy is on any one of the forms877
customarily issued by the company, except term insurance, in any878
amount not in excess of the amount of the person's protection 879
under the group insurance policy at the time of the termination,880
as the person elects or, if applicable, the coverage described in 881
division (B)(12) of section 3917.01 of the Revised Code;882

       (F)insurer to that age and for the amount applied for, 883
except that the group policy may exclude the option to elect term 884
insurance.885

       (b) The individual policy is in an amount not in excess of 886
the amount of life insurance that ceases because of termination, 887
less the amount of any life insurance for which the person is 888
eligible under the same or any other group policy within 889
thirty-one days after termination, provided that any amount of 890
life insurance that matures on or before the date of termination 891
as an endowment payable to the insured, whether in one sum, 892
installments, or in the form of an annuity, shall not, for 893
purposes of this division, be included in the amount that is 894
considered to cease because of termination.895

       (c) The premium on the individual policy is set at the 896
insurer's then customary rate applicable to the form and amount of 897
the individual policy, the individual's class of risk, and the 898
individual's age as of the effective date of the individual 899
policy.900

       (2) Subject to the conditions set forth in division (H)(1) of 901
this section, the conversion privilege is available to the 902
following individuals:903

       (a) A surviving dependent, if any, at the death of the 904
employee or member, with respect to the coverage under the group 905
policy that terminates by reason of the employee's or member's 906
death;907

       (b) A dependent of an employee or member upon termination of 908
the dependent's coverage, while the employee or member remains 909
insured under the group policy, by reason of the dependent ceasing 910
to be a dependent under the group policy.911

       (3) If the individual is not given notice of the right to 912
obtain individual coverage under this division at least fifteen 913
days prior to the expiration of the thirty-one-day conversion 914
period provided by division (H)(1) of this section then the 915
individual shall have an additional period to exercise that right. 916
This additional period shall extend for fifteen days after the 917
individual is given notice, but in no event shall the period 918
extend beyond sixty days after the expiration date of the period 919
provided in the policy. Written notice provided to the individual 920
or mailed by the policyholder to the last known address of the 921
individual, or mailed by the insurer to the last known address of 922
the individual furnished to the insurer by the policyholder, 923
constitutes notice for purposes of this division.924

       (4) Nothing contained in the division shall be construed to 925
continue any insurance beyond the expiration date of the period 926
provided in the policy.927

       (I) A provision that if the group policy terminates or is928
amended so as to terminate the insurance of any class of insured929
persons, every person insured thereunder at the date of such930
termination whose insurance terminates, including an insured's 931
dependent, and who has been so insured for at least five years 932
prior to such termination date is entitled to have issued to the 933
person by the insurer an individual policy of life insurance, 934
subject to the same conditions and limitations as are provided by 935
division (E)(H) of this section, except that the group policy may 936
provide that the amount of such individual policy shall not exceed 937
the smaller of (1) the amount of the person's life insurance 938
protection ceasing because of the termination or amendment of the 939
group policy, less the amount of any life insurance for which the 940
person is or becomes eligible under any group policy issued or 941
reinstated by the same or another insurer within thirty-one days 942
after such termination, and (2) twoten thousand dollars;943

       (G)(J) A provision that if a person insured under the group944
policy, or an insured's dependent, dies during the period within 945
which the person would have been entitled to have an individual 946
policy issued to the person in accordance with division (E)(H) or 947
(F)(I) of this section, and before such an individual policy has 948
become effective, the amount of life insurance which the person 949
would have been entitled to have issued to the person under such 950
individual policy shall be payable as a claim under the group 951
policy, whether or not application for the individual policy or 952
the payment of the first premium therefor has been made;953

       (H) A provision that to the group or class of persons954
originally insured there shall be added from time to time all new955
employees of the employer or other persons eligible to insurance956
in such group or class;957

       (I) In the case of a policy issued to a labor union covering 958
all members of the union, a notice that the annual renewable term 959
premium depends upon the attained ages of the members in the group 960
and increases with advancing ages.961

       Policies of group life insurance, when issued in this state962
by any company not organized under the laws of this state, may963
contain, when issued, any provision required by the law of the964
state, territory, or district of the United States under which the 965
company is organized; and policies issued in other states or966
countries by companies organized in this state, may contain any967
provision required or permitted by the laws of the state,968
territory, district, or country in which the same are issued. Any 969
such policy may be issued or delivered in this state which in the 970
opinion of the superintendent contains provisions on any one or 971
more of the requirements of this section more favorable to the972
policyholder or to the person whose life is insured under such973
policy than such requirements.974

       The group life insurance policy together with any application 975
in connection therewith shall be available for inspection during 976
regular business hours at the office of the policyholder where 977
such policy is on file, by any beneficiary thereunder or by an 978
authorized representative of such beneficiary.979

       Except as provided in sections 3917.01 to 3917.06 of the 980
Revised Code, no contract of life insurance shall be made covering 981
a group in this state.982

       (K) Where active employment is a condition of insurance, a 983
provision that an insured may continue coverage during the 984
insured's total disability by timely payment to the policyholder 985
of that portion, if any, of the premium that would have been 986
required from the insured if the insured's total disability had 987
not occurred. The continuation shall be on a premium basis for a 988
period of six months after the date on which the insured's total 989
disability started, but not later than the earlier of either of 990
the following:991

       (1) The insurer approving of continuation of the coverage 992
under any disability provision that the group policy may contain;993

       (2) The discontinuance of the group life insurance policy.994

       (L) In the case of a life insurance policy insuring the lives 995
of debtors, a provision requiring that the insurer furnish to the 996
policyholder for delivery to each debtor insured under the policy 997
a certificate of insurance describing the coverage and specifying 998
that the death benefit first be applied to reduce or extinguish 999
the debtor's unpaid indebtedness.1000

       (M)(1) Divisions (F) to (K) of this section do not apply to 1001
group policies insuring the lives of debtors.1002

       (2) With the exception of division (K) of section 3915.05 and 1003
section 3915.052 of the Revised Code, Chapter 3915. of the Revised 1004
Code does not apply to group policies.1005

       (3) If a group policy is other than a term plan of insurance, 1006
the policy shall contain a nonforfeiture provision or provisions, 1007
which, in the opinion of the superintendent, are equitable to the 1008
insureds and the policyholder. Nothing in this division shall be 1009
construed to require group life insurance policies to contain the 1010
same nonforfeiture provisions as are required for individual life 1011
insurance policies.1012

       (4)(a) If a group policy is other than a term plan of 1013
insurance the policy shall contain a policy loan provision 1014
authorizing insureds to borrow upon the policy, unless the loan 1015
value of certificates issued under the policy is established by 1016
federal law. The policy loan provision may include one or more of 1017
the following conditions:1018

       (i) The borrower has held a certificate under the policy for 1019
a minimum period, not to exceed three years;1020

        (ii) No premium on the policy is in default beyond the grace 1021
period for payment;1022

       (iii) A minimum loan amount, not to exceed one thousand 1023
dollars;1024

        (iv) The borrower accepts an adjustable interest rate charge, 1025
not to exceed two per cent above the rate used to compute the cash 1026
surrender value.1027

        (b) For purposes of the policy loan provision, the loan value 1028
of a certificate shall equal one of the following:1029

        (i) Ninety per cent of the cash surrender value of the 1030
certificate at the time that the loan is made, less any 1031
outstanding indebtedness including any unpaid interest not already 1032
deducted;1033

        (ii) The cash surrender value of the certificate at the time 1034
that the loan is made, less any outstanding indebtedness including 1035
any unpaid interest not already deducted, less the amount needed 1036
to pay the certificate's cost of insurance charges and expenses 1037
for as long as three months after the time that the loan is made.1038

       Sec. 3917.07.  No provision in section 3917.06 of the Revised 1039
Code shall prohibit a person whose life is insured under any such 1040
policy of group life insurance from making an assignment of all or 1041
any part of histhe person's incidents of ownership under such 1042
policy including specifically, but not by way of limitation, any 1043
right to designate a beneficiary or beneficiaries thereunder and 1044
any right to have an individual policy issued to himthe person in 1045
accordance with division (E)(H) or (F)(I) of section 3917.06 of 1046
the Revised Code. Subject to the terms of the policy relating to 1047
assignment of incidents of ownership thereunder, such an 1048
assignment by an insured, made either before or after the1049
effective date of this section, is valid for the purpose of 1050
vesting in the assignee, in accordance with any provisions 1051
included therein as to the time at which it is to be effective, 1052
all of such incidents of ownership so assigned, but without 1053
prejudice to the insurer on account of any payment it may make or1054
individual policy it may issue in accordance with division (E)(H)1055
or (F)(I) of section 3917.06 of the Revised Code prior to receipt 1056
of notice of the assignment.1057

       Section 2. That existing sections 9.90, 1751.12, 3917.01, 1058
3917.06, and 3917.07 and section 3917.03 of the Revised Code are 1059
hereby repealed.1060