| (a) Plan amendment. An approved PEO must file each
plan amendment with the Life and Health Lines Office of TDI for prior
approval by the commissioner. An amendment will not be effective until
approved by the commissioner. The approved PEO's filing must include
a statement by the approved PEO certifying that, to the best of the
signer's knowledge and belief, in adopting the plan amendment, the
approved PEO and the plan will remain in compliance with this subchapter
and all applicable provisions of the Employee Retirement Income Security
Act of 1974 (ERISA), 29 U.S.C. §§1001-1191c.
(b) Trust amendment. An approved PEO must file each
amendment to the trust agreement or any other organizational document
of the trust with the Company Licensing and Registration Office of
TDI for prior approval by the commissioner. An amendment will not
be effective until approved by the commissioner. The approved PEO's
filing must include a statement by the plan's trustees certifying
that, to the best of the trustees' knowledge and belief, in adopting
the trust amendment the plan and the trust will remain in compliance
with this subchapter and all applicable provisions of ERISA, 29 U.S.C. §§1001-1191c.
(c) Transactions between parties. Agreements and transactions
between or among the approved PEO, an affiliate, and the trust are
subject to Insurance Code Chapter 823, Subchapters B and C, including
the filing requirements of these subchapters. For the purposes of
this subchapter, an affiliate and a trust are each considered members
of an insurance holding company system as described in Insurance Code §823.006,
concerning Description of Insurance Holding Company System.
|
