Page:United States Statutes at Large Volume 100 Part 2.djvu/616

 100 STAT. 1718

State and local governments. proMbition/°"' 42 USC 9674.

PUBLIC LAW 99-499—OCT. 17, 1986

"(H) Comply with a lawful order issued in a delinquency proceeding commenced by the State insurance commissioner if the commissioner of the jurisdiction in which the group is chartered has failed to initiate such a proceeding after notice of a finding of financial impairment under subparagraph (G). "(c) APPLICATION OF EXEMPTIONS.—The exemptions specified in subsection (a) apply to— "(1) pollution liability insurance coverage provided by a risk retention group for— "(A) such group; or ^; V "(B) any person who is a member of such group; "(2) the sale of pollution liability insurance coverage for a risk retention group; and "(3) the provision of insurance related services or management services for a risk retention group or any member of such a group. "(d) AGENTS OR BROKERS.—A State may require that a person acting, or offering to act, as an agent or broker for a risk retention group obtain a license from that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. "SEC. 404. PURCHASING GROUPS. "(a) EXEMPTION.—Except as provided in this section, a purchasing group is exempt from the following: "(1) A State law, rule, or order which prohibits the establishment of a purchasing group. "(2) A State law, rule, or order which makes it unlawful for an insurer to provide or offer to provide insurance on a beisis based on their loss and expense experience, not afforded to other persons with respect to rates, policy forms, coverages, or other matters. "(3) A State law, rule, or order which prohibits a purchasing group or its members from purchasing insurance on the group J,,. basis described in paragraph (2) of this subsection. "(4) A State law, rule, or order which prohibits a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or ,., because any member has not belonged to the group for a ^.^ minimum period of time. "(5) A State law, rule, or order which requires that a purchas. ing group must have a minimum number of members, common ownership or affiliation, or a certain legal form. "(6) A State law, rule, or order which requires that a certain percentage of a purchasing group must obtain insurance on a ,,^ group basis. "(7) A State law, rule, or order which requires that any insurance policy issued to a purchasing group or any members of the group be countersigned by an insurance agent or broker residing in that State. "(8) A State law, rule, or order which otherwise discriminate against a purchasing group or any of its members. "(b) APPLICATION OF EXEMPTIONS.—The exemptions specified in subsection (a) apply to the following:
 * providing, to a purchasing group or its member, advantages,

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