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[Utah Code Table of Contents]
[TITLE 31a. Table of Contents]
31A-13-101 Scope.
This chapter applies to every employee welfare fund covering any person employed in this state except to the extent that:
(1) federal law excludes the operation of state law;
(2) the fund qualifies for exemption from regulation under a rule adopted by the commissioner defining funds which provide no benefits involving insurance risks; or
(3) the commissioner determines by rule that the insurance-like
risks are minimal or present no problems requiring active
regulation.
1986
31A-13-102 Regulation in general.
Chapter 2 applies to the regulation of employee welfare
funds or plans subject to Chapter 13.
1985
31A-13-103 Registration.
The trustees of every employee welfare fund which covers
any person employed in this state shall register the fund
with the commissioner within three months after the fund
becomes subject to this chapter. The registration shall be
in the form and shall contain the information relating to
the organization, operations, and affairs of the fund as
prescribed by the commissioner.
1986
31A-13-104 Commissioner to file information.
The commissioner may collect and file for public inspection
the forms of trust indentures in use, the commission and
fee schedules adopted by insurers, the compensation paid
to trustees of employee welfare funds, and other matters
affecting the establishment and administration of the funds
the commissioner determines are in the public interest.
1985
31A-13-105 Reports to employers and employees.
(1) The fund or plan's annual report, and any other statement the commissioner indicates, shall be kept on file with the commissioner and at the principal office of the trustees.
(2) The statements, or the portion of the statements the commissioner considers appropriate, shall be made available by the commissioner or by the trustees, or both, for inspection:
(a) by an employer contributing to the fund;
(b) by a labor organization which is a party to an agreement establishing the fund; or
(c) by an employee covered by the fund.
(3) When the commissioner considers it to be in the public interest, he may require the trustees to mail any portions of the statements which the commissioner considers appropriate:
(a) to employees covered by the fund;
(b) to contributing employers; or
(c) to any labor organization which is a party to an agreement
establishing the fund.
1985
31A-13-106 Annual accounting by insurance companies, service plans, and corporate trustees and agents.
Any insurance company, hospital, surgical or medical service
plan providing benefits under an employee welfare fund, and
any corporate trustee or agent holding or administering all
or any part of an employee welfare fund shall, within four
months after the end of each policy or of the fiscal year,
furnish to the trustees of the fund a statement of account
giving any information that the trustees of the fund need
to comply with the requirements of this chapter.
1985
31A-13-107 Commissioner's remedies.
If the trustees of any employee welfare fund have failed to register the fund in accordance with Section 31A-13-103 , or otherwise fail to comply with any provision of this chapter, the commissioner shall notify the employers of the failure. In addition to ordering compliance under Subsection 31A-2-201 (4), the commissioner may:
(1) order the employers to stop making payments to the trustees until the employers are notified by the commissioner that the trustees are in compliance with this chapter; or
(2) rehabilitate or liquidate the employee welfare fund
under Chapter 27.
1986
31A-13-108 Investments.
Chapter 18 applies to investments of employee welfare
funds or plans, except as otherwise provided by rule.
1985
31A-13-109 Political activities.
Subsection
31A-4-112
(1) applies to lobbying by employee welfare
funds. No employee welfare fund may make political contributions.
1986
