(1) As used in this section:

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Terms Used In Utah Code 31A-22-502

  • Agency: means :
         (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
         (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Insurance: includes :
              (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
              (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
              (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
              (103)(a)(i) a policyholder;
              (103)(a)(ii) a subscriber;
              (103)(a)(iii) a member; and
              (103)(a)(iv) a beneficiary. See Utah Code 31A-1-301
  • Policy: includes a service contract issued by:
              (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
              (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
              (150)(b)(iii) a corporation licensed under:
                   (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
                   (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Premium: includes , however designated:
              (156)(b)(i) an assessment;
              (156)(b)(ii) a membership fee;
              (156)(b)(iii) a required contribution; or
              (156)(b)(iv) monetary consideration. See Utah Code 31A-1-301
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
     (1)(a) “Employees” includes:

          (1)(a)(i) for one or more affiliated corporations, proprietorships, or partnerships under common control, their:

               (1)(a)(i)(A) officers;
               (1)(a)(i)(B) managers;
               (1)(a)(i)(C) retired employees; and
               (1)(a)(i)(D) individual proprietors or partners; and
          (1)(a)(ii) for a trusteeship, if their duties are primarily connected with the trusteeship:

               (1)(a)(ii)(A) trustees;
               (1)(a)(ii)(B) employees of trustees; or
               (1)(a)(ii)(C) both Subsection (1)(a)(ii)(A) and (B).
     (1)(b) “Employer” includes a Utah public agency.
     (1)(c)

          (1)(c)(i) “Utah public agency” means a public institution that:

               (1)(c)(i)(A) derives its authority from this state; and
               (1)(c)(i)(B) is not privately owned.
          (1)(c)(ii) “Utah public agency” includes:

               (1)(c)(ii)(A) a local political subdivision as defined in Section 11-14-102;
               (1)(c)(ii)(B) the state;
               (1)(c)(ii)(C) a department or agency of the state; and
               (1)(c)(ii)(D) all public educational institutions.
(2) The lives of a group of individuals may be insured under a policy:

     (2)(a) issued as policyholder, to:

          (2)(a)(i) an employer; or
          (2)(a)(ii) the trustees of a fund established by an employer;
     (2)(b) insuring employees of the employer for the benefit of persons other than the employer; and
     (2)(c) subject to the requirements of Subsections (3) through (5).
(3)

     (3)(a) All the employer’s employees or all of any class of employees of the employer shall be eligible for insurance under the policy described in Subsection (2).
     (3)(b) A policy issued to insure the employees of a public body may include elected or appointed officials.
(4) A Utah public agency may pay or authorize the payment out of the Utah public agency’s corporate revenue, the premiums required to maintain the group insurance in force.
(5)

     (5)(a) The premiums for the policy described in Subsection (2) shall be paid by the policyholders:

          (5)(a)(i) from the employer’s funds;
          (5)(a)(ii) funds contributed by the insured employees; or
          (5)(a)(iii) both the funds described in Subsections (5)(a)(i) and (ii).
     (5)(b) Except as provided under Section 31A-22-512, a policy on which no part of the premium is contributed by the insured employees shall insure all eligible employees.