Maine Revised Statutes > Title 24-A > Chapter 13-A – Investments of Life Insurers and Life and Health Insurers
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Terms Used In Maine Revised Statutes > Title 24-A > Chapter 13-A - Investments of Life Insurers and Life and Health Insurers
- Acceptable collateral: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-AAdmitted assets: means assets recognized by the superintendent pursuant to section 901?A. See Maine Revised Statutes Title 24-A Sec. 1151-A Aggregate amount of investments: means the aggregate value of those investments, as determined in accordance with statutory accounting principles pursuant to section 901?A and any rules adopted under that section, except as provided in section 1157, subsection 5. See Maine Revised Statutes Title 24-A Sec. 1151-A Allegation: something that someone says happened. Amortization: Paying off a loan by regular installments. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Business entity: means a sole proprietorship, corporation, limited liability company, association, general or limited partnership, joint stock company, joint venture, mutual fund, bank, trust, real estate investment trust, joint tenancy or other similar form of business organization, whether organized as a for-profit or nonprofit organization. See Maine Revised Statutes Title 24-A Sec. 1151-A Cap: means an agreement obligating the seller to make payments to the buyer with each payment based on the amount by which a reference price or level or the performance or value of one or more underlying interests exceeds a predetermined number, sometimes called the "strike rate" or "strike price. See Maine Revised Statutes Title 24-A Sec. 1151-A Capital expenditure: means an expenditure, including a force account expenditure or predevelopment activities, that under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance and, for the purposes of this chapter, includes capitalized interest on borrowed funds and the fair market value of any property or equipment that is acquired under lease or comparable arrangement or by donation. See Maine Revised Statutes Title 22 Sec. 328 Cash equivalents: means highly rated, highly liquid and readily marketable obligations that are readily convertible into known amounts of cash without a penalty and have a remaining term to maturity of one year or less. See Maine Revised Statutes Title 24-A Sec. 1151-A Collar: means an agreement to receive payments as the buyer of an option, cap or floor and to make payments as the seller of a different option, cap or floor. See Maine Revised Statutes Title 24-A Sec. 1151-A Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000. See Maine Revised Statutes Title 11 Sec. 2-1103 Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. cost: includes the fair market value. See Maine Revised Statutes Title 22 Sec. 328 Counter-party: means a business entity that is the other party to an investment practices transaction with an insurer or, as to a securities lending transaction, the custodian bank or agent, if any, acting on behalf of an insurer. See Maine Revised Statutes Title 24-A Sec. 1151-A counter-party exposure amount: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-ADamages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A derivative instrument: includes options, warrants not attached to another financial instrument purchased by the insurer, caps, floors, collars, swaps, forwards, futures and any other substantially similar agreements, options or instruments, or any series or combinations of those agreements, options or instruments. See Maine Revised Statutes Title 24-A Sec. 1151-A Derivative transaction: means a transaction involving the use of one or more derivative instruments. See Maine Revised Statutes Title 24-A Sec. 1151-A Development: when used in connection with health service, means the undertaking of those activities that on their completion will result in the offering of a new health service to the public. See Maine Revised Statutes Title 22 Sec. 328 Dollar roll transaction: means 2 simultaneous transactions with settlement dates no more than 96 days apart so that in one transaction an insurer sells to a counter-party and in the other transaction the insurer is obligated to purchase from the same counter-party substantially similar securities of the following types:
A. See Maine Revised Statutes Title 24-A Sec. 1151-ADomestic institution: means an institution created or existing under the laws of the United States or any state, district or territory. See Maine Revised Statutes Title 24-A Sec. 1151-A Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Fiduciary: A trustee, executor, or administrator. Finance lease: means a lease with respect to which:
(i) The lessor does not select, manufacture or supply the goods;
(ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and
(iii) One of the following occurs:
(A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;
(B) The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;
(C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or
(D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing: of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person; that the lessee is entitled under this Article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; and that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Maine Revised Statutes Title 11 Sec. 2-1103Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Floor: means an agreement obligating the seller to make payments to the buyer in which each payment is based on the amount by which a predetermined number, sometimes called the "floor rate" or "price" exceeds a reference price, level, performance or value of one or more underlying interests. See Maine Revised Statutes Title 24-A Sec. 1151-A foreign investment practice: means an investment or investment practice in a foreign jurisdiction, an investment practice with a person domiciled in a foreign jurisdiction or an investment in a person, real estate or asset domiciled in a foreign jurisdiction. See Maine Revised Statutes Title 24-A Sec. 1151-A Foreign jurisdiction: means a jurisdiction other than the United States, any state or any political subdivision of the United States or any state. See Maine Revised Statutes Title 24-A Sec. 1151-A Forward: means an agreement other than a future to make or take delivery in the future of one or more underlying interests, or effect a cash settlement based on the actual or expected price, level, performance or value of such underlying interests. See Maine Revised Statutes Title 24-A Sec. 1151-A Future: means an agreement traded on a futures exchange to make or take delivery of or effect a cash settlement based on the actual or expected price, level, performance or value of one or more underlying interests. See Maine Revised Statutes Title 24-A Sec. 1151-A Futures exchange: means a qualified foreign exchange or an exchange, contract market or board of trade on which trading in futures is conducted that has been authorized for futures trading in the United States by the Commodities Futures Trading Commission or its successor. See Maine Revised Statutes Title 24-A Sec. 1151-A Goods: means all things that are movable at the time of identification to the lease contract including mobile homes, or are fixtures (section 2?1309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles or minerals or the like, including oil and gas, before extraction. See Maine Revised Statutes Title 11 Sec. 2-1103 Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC health care facility: means the establishment, erection, building, purchase or other acquisition of a health care facility. See Maine Revised Statutes Title 22 Sec. 328 Health need: means a situation or a condition of a person, expressed in health outcome measures such as mortality, morbidity or disability, that is considered undesirable and is likely to exist in the future. See Maine Revised Statutes Title 22 Sec. 328 Health status: means patient or population measures, or both, of good and poor health practices, rates of death and disease, both chronic and infectious, and the prevalence of symptoms or conditions, or both, of illness and wellness. See Maine Revised Statutes Title 22 Sec. 328 Hedging transaction: means a derivative transaction that is entered into and maintained to reduce:
A. See Maine Revised Statutes Title 24-A Sec. 1151-AHigh-yield obligations: means obligations that are neither investment grade nor medium grade obligations. See Maine Revised Statutes Title 24-A Sec. 1151-A highly rated: means an investment rated "P-1" by Moody's Investors Service, Inc. See Maine Revised Statutes Title 24-A Sec. 1151-A in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Income generation transaction: means a derivative transaction that is entered into to generate income. See Maine Revised Statutes Title 24-A Sec. 1151-A Institution: means a corporation, joint-stock association, business trust, business partnership, business joint venture or any other similar entity. See Maine Revised Statutes Title 24-A Sec. 1151-A Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Investment grade obligation: means an obligation that at the time of acquisition by the insurer is rated "1" or "2" by the Securities Valuation Office of the National Association of Insurance Commissioners. See Maine Revised Statutes Title 24-A Sec. 1151-A Investment practices: means transactions of the types described in section 1153, subsection 4 and section 1160, subsection 6. See Maine Revised Statutes Title 24-A Sec. 1151-A Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Maine Revised Statutes Title 11 Sec. 2-1103 Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. See Maine Revised Statutes Title 11 Sec. 2-1103 Lease contract: means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. See Maine Revised Statutes Title 11 Sec. 2-1103 Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Maine Revised Statutes Title 11 Sec. 2-1103 Lessee: means a person who acquires the right to possession and use of goods under a lease. See Maine Revised Statutes Title 11 Sec. 2-1103 Lessor: means a person who transfers the right to possession and use of goods under a lease. See Maine Revised Statutes Title 11 Sec. 2-1103 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Market value: means the price for the security or derivative instrument obtained from a generally recognized source or the most recent quotation from such a source or, to the extent no generally recognized source exists, the price for the security or derivative instrument as determined pursuant to the terms of the instrument or in good faith by the insurer as can be reasonably demonstrated to the superintendent upon request, plus accrued but unpaid income thereon to the extent not included in the price as of the date that market value is determined. See Maine Revised Statutes Title 24-A Sec. 1151-A Medium grade obligation: means an obligation that at the time of acquisition by the insurer is rated by the Securities Valuation Office of the National Association of Insurance Commissioners as Class "3" quality. See Maine Revised Statutes Title 24-A Sec. 1151-A Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Nursing facility: means any facility defined under section 1812?A. See Maine Revised Statutes Title 22 Sec. 328 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Obligation: means a bond, note, debenture, trust certificate including an equipment certificate, production payment, negotiable bank certificate of deposit, banker's acceptance, credit tenant loan as that term is defined in the practices and procedures manual of the National Association of Insurance Commissioners or its successor publication, loan secured by financing net leases and other evidence of indebtedness for the payment of money, or participations, certificates or other evidence of an interest in any of the foregoing, whether constituting a general obligation of the issuer or payable only out of certain revenues or certain funds pledged or otherwise dedicated for payment. See Maine Revised Statutes Title 24-A Sec. 1151-A Option: means an agreement giving the buyer the right to buy or receive, sell or deliver, enter into, extend or terminate or effect a cash settlement based on the actual or expected price, spread, level, performance or value of one or more underlying interests, including, without limitation, an option to purchase or sell a swap at a given price and time or at a series of prices and times. See Maine Revised Statutes Title 24-A Sec. 1151-A Over-the-counter derivative instrument: means a derivative instrument entered into with a counter-party other than through a qualified exchange or futures exchange or cleared through a qualified clearinghouse. See Maine Revised Statutes Title 24-A Sec. 1151-A Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, business entity, multilateral development bank or a government or quasi-governmental body, such as a political subdivision or a government-sponsored enterprise. See Maine Revised Statutes Title 24-A Sec. 1151-A Person: means an individual; trust or estate; partnership; corporation, including associations, joint stock companies and insurance companies; the State or a political subdivision or instrumentality of the State, including a municipal corporation of the State; or any other legal entity recognized by state law. See Maine Revised Statutes Title 22 Sec. 328 Person directly affected by a review: includes :
A. See Maine Revised Statutes Title 22 Sec. 328Personal property: All property that is not real property. Potential exposure: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-APrecedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Project: means any acquisition, capital expenditure, new health service or change in a health service, predevelopment activity or other activity that requires a certificate of need under section 329. See Maine Revised Statutes Title 22 Sec. 328 Qualified bank: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-AQualified broker or dealer: means a broker or dealer that is organized under the laws of a state, is registered under the United States Securities Exchange Act of 1934, 15 United States Code §§ 78a to 78kk and has net capital in excess of $250,000,000. See Maine Revised Statutes Title 24-A Sec. 1151-A Qualified business entity: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-AQualified clearinghouse: means a clearinghouse subject to the rules of a qualified exchange or a futures exchange that provides clearing services, including acting as a counter-party to each of the parties to a transaction such that the parties no longer have credit risk to each other. See Maine Revised Statutes Title 24-A Sec. 1151-A Qualified exchange: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-AQualified for public sale: means registered under the United States Securities Act of 1933, 15 United States Code §§ 77a to 77aa. See Maine Revised Statutes Title 24-A Sec. 1151-A Qualified foreign exchange: means a foreign exchange, board of trade or contract market located outside the United States, its territories or possessions:
A. See Maine Revised Statutes Title 24-A Sec. 1151-AReal estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Replication or synthetic asset transaction: means a derivative transaction entered into in conjunction with other permissible investments held by the insurer in order to reproduce the investment characteristics of other permissible investments. See Maine Revised Statutes Title 24-A Sec. 1151-A Repurchase transaction: means a transaction in which an insurer sells securities to a qualified bank or a qualified business entity or to a bank or a business entity whose obligations with respect to the transaction are guaranteed by a qualified bank or a qualified business entity and the insurer is obligated to repurchase the sold securities or equivalent securities from the bank or business entity at a specified price, either within a specified period of time or upon demand. See Maine Revised Statutes Title 24-A Sec. 1151-A Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Reverse repurchase transaction: means a transaction in which an insurer purchases securities from a counter-party that is obligated to repurchase the purchased securities or equivalent securities from the insurer at a specified price, either within a specified period of time or upon demand. See Maine Revised Statutes Title 24-A Sec. 1151-A Securities lending transaction: means a transaction in which securities are loaned by an insurer to a qualified bank or a qualified business entity or a bank or a business entity whose obligations with respect to such transaction are guaranteed by a qualified bank or a qualified business entity that is obligated to return the loaned securities or equivalent securities to the insurer, either within a specified period of time or upon demand. See Maine Revised Statutes Title 24-A Sec. 1151-A Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. shell business entity: means a business entity having no economic substance, except as a vehicle for owning interests in assets issued, owned or previously owned by a person domiciled in a foreign jurisdiction; "qualified guarantor" means a guarantor against which an insurer has a direct claim for full and timely payment, evidenced by a contractual right for which an enforcement action can be brought in a domestic jurisdiction; and "qualified primary credit source" means the credit source to which an insurer looks for payment as to an investment and against which an insurer has a direct claim for full and timely payment, evidenced by a contractual right for which an enforcement action can be brought in a domestic jurisdiction. See Maine Revised Statutes Title 24-A Sec. 1151-A Subsidiary: has the meaning as prescribed in section 222, subsection 2, paragraph F. See Maine Revised Statutes Title 24-A Sec. 1151-A Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Maine Revised Statutes Title 11 Sec. 2-1103 Supply contract: means a contract under which a lessor buys or leases goods to be leased. See Maine Revised Statutes Title 11 Sec. 2-1103 Swap: means an agreement to exchange or to net payments at one or more times based on the actual or expected price, yield, level, performance or value of one or more underlying interests. See Maine Revised Statutes Title 24-A Sec. 1151-A Testimony: Evidence presented orally by witnesses during trials or before grand juries. Underlying interest: means the assets, liabilities or other interests, or a combination of those assets, liabilities or interests, underlying a derivative instrument, such as any one or more securities, currencies, rates, indices, commodities or derivative instruments that are or relate to investments or investment practices that an insurer is permitted to acquire or engage in pursuant to this chapter. See Maine Revised Statutes Title 24-A Sec. 1151-A United States: when used to signify place means those lands and waters under the jurisdiction of the United States. See Maine Revised Statutes Title 24-A Sec. 1151-A Warrant: means an instrument that gives the holder the right to purchase or sell the underlying interest at a given price and time or at a series of prices and times outlined in the warrant agreement. See Maine Revised Statutes Title 24-A Sec. 1151-A Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72