Act Amending The Insurance Code

Original Language Title: Закон за изменение и допълнение на Кодекса за застраховането

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Name of law Law for amendment of the Insurance Code Name of Bill a bill amending the insurance code date of acceptance 20/02/2013 number/year Official Gazette 20/2013 Decree No 34

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law for amendment of the insurance code, adopted by the National Assembly of the HLI 20 February 2013.

Issued in Sofia on 26 February 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Diana Kovatcheva

LAW

for amendment of the insurance code (promulgated, SG. 103 from 2005; amend., SG. 105 by 2005, issue 30, 33, 34, 54, 59, 80, 82 and 105 of 2006, issue 48, 53, 97, 100 and 109 from the 2007 No. 67 and 69 by 2008, 24 and 41/2009 19/41 , 43, 86 and 100 by 2010, PC. 51, 60 and 77 from 2011, and St. 21, 60 and 77 by 2012.)

§ 1. In art. 65 and the following modifications are made:

1. the title shall be replaced by the following: "a ban on the reporting of sex as a factor in determining actuarial insurance premium".

2. Paragraph 1 shall be amended as follows:

"(1) there shall be no reporting of sex as a factor in determining actuarial insurance premium."

§ 2. In the transitional and final provisions the following amendments and supplements: 1. paragraph 11 (a) is repealed.

2. a § 11 (b): "§ 11 (b). (1) the provision of art. 65 a, para. 1 applies to concluded after 20 December 2012:

1. insurance contracts;

2. agreements between the parties to continue insurance contracts which do not contain an automatic renewal clause and concluded until 20 December 2012 inclusive.

(2) For contracts concluded until 20 December 2012, including the reporting of sex as actuarial factor in determining the amount of the insurance premium shall be granted in the event that insurers use reliable and regularly updated public statistical information shows the potentially crucial nature of sex.

(3) there is no conclusion of treaties and agreements within the meaning of para. 1:

1. in the case of automatic renewal after 20 December 2012 to insurance contracts concluded by December 20, 2012 including;

2. When correcting after 20 December 2012 on separate elements of insurance contracts concluded by 20 December 2012, including when these adjustments are the result of a previously agreed parameters and the consent of the insured person is not necessary;

3. when the insured person with unilateral after 20 December 2012 sets in extra insurance, whose conditions was reached prior agreement in contracts concluded until 20 December 2012 inclusive.

(4) upon the transfer of an insurance portfolio, made up of insurance contracts concluded by 20 December 2012, including from one insurer to another, in relation to the transferred insurance contracts in the procedure for the transfer of the portfolio after 20 December 2012, art. 65 (a) does not apply. "

Final provisions

§ 3. In the social security code (promulgated, SG. 110; since 1999 decision No 5 of the Constitutional Court from 2000 – 55/2000; amend., no. 64 of 2000, issue 1, 35 and 41 of the 2001, issue 1, 10, 45, 74, 112, 119 and 120 of 2002, no. 8, 42, 67, 95, 112, and 114 from 2003. , PC. 12, 21, 38, 52, 53, 69, 70, 112 and 115 of 2004, PCs. 38, 39, 76, 102, 103, 104 and 105 of the 2005 St. 16, 30, 34, 56, 57, 59 and 68 by 2006; Corr, PCs. 76 of 2006; amend., SG. 80, 82, 95, 102 and 105, 2006, issue. 41, 52, 53, 64, 77, 97, 100, 109 and 113 of 2007, PC. 33, 43, 67, 69, 89, 102 and 109 from 2008, PCs. 23, 25, 35, 41, 42, 93, 95, 99 and 103 of 2009, PCs. 16, 19, 43, 49, 58, 59, 88, 97, 98 and 100 by 2010; Decision of the Constitutional Court No. 7 of 2011-PCs. 45 by 2011; amend., SG. 60, 77 and 100 by 2011, issue. 7, 21, 38, 40, 44, 58, 81, 89, 94 and 99 by 2012 and St. 15 of 2013) make the following amendments and supplements: 1. In art. 246:

a) paragraph 3 is amended as follows:

(3) there shall be no reporting of sex as actuarial factor in determining the amount of a life-time pension fund for additional voluntary pension insurance. ';

(b)) in the Al. 8:

a new AA) item 1:

' 1. failure to comply with the requirements of the code; "

BB) previous 1, 2, 3 and 4 shall become item 2, 3, 4 and 5.

2. transitional and final provisions: a) paragraph 11 shall be repealed;

(b)) § 11 shall be inserted:

"§ 11. (1) the prohibition under art. 246, para. 3 applies in respect of pension contracts for the payment of a lifelong pension from the Fund for additional voluntary pension insurance concluded after 20 December 2012.

(2) for pension contracts concluded until 20 December 2012, including the reporting of sex as actuarial factor in calculating the amount of a life-time pension is permissible in the event that pensionnoosiguritelnoto company uses reliable and regularly updated public statistical information shows the potentially crucial nature of sex. The parties to the contracts mentioned in the first sentence may stipulate that the calculation of pensions paid after December 20, 2012, will be carried out on the basis of biometric tables that will be used to calculate the amount of pension benefits in respect of pension contracts, concluded after that date. "

§ 4. Within one month of the entry into force of this law the pensionnoosiguritelnite companies that offer payment of lifetime pensions from the Fund for additional voluntary pension insurance based on the biometric tables, different for both genders, submit for approval the biometric tables that will be used to calculate the amount of pension benefits in respect of pension contracts concluded after December 20, 2012.


§ 5. In the law on health insurance (official SG. 70 of 1998; amend., SG. 93 and 153 of 1998, no. 62, 65, 67, 69, 110 and 113 in 1999, issue 1 and 64 in 2000, 41/2001, no. 1, 54, 74, 107, 112, 119 and 120 of 2002, no. 8, 50, 107 and 114 from 2003. , PC. 28, 38, 49, 70, 85 and 111 in 2004, PCs. 39, 45, 76, 99, 102, 103 and 105 of 2005, St. 17, 18, 30, 33, 34, 59, 80, 95 and 105, 2006, issue. 11 of 2007; Decision of the Constitutional Court No. 3 of 2007 – PCs. 26 of 2007; amend., SG. 31, 46, 53, 59, 97, 100 and 113 of 2007, PC. 37, 110 and 71 of 2008, PCs. 35, 41, 42, 93, 99 and 101 of 2009, PCs. 19, 26, 43, 49, 58, 59, 62, 96, 97, 98 and 100 by 2010, PC. 9, 60, 99 and 100 by 2011, issue. 38, 60, 94, 101 and 102 of 2012 and St. 4 and 15 of 2013) in the transitional and concluding provisions of the law amending and supplementing the law on health insurance (SG. 60 from 2012) made the following changes and additions:

1. In paragraph 30:

a), the words "repealed provisions of art. 99 k – 99 (n) and art. 106 (b) ' shall be replaced by "the current provisions of art. 81 – 88, art. 89-90 g, art. 90, art. 90 h-97 c, art. 99 (b), art. 99 c, art. 99 – 99 (n) and art. 106 (b) ";

(b) the second sentence shall be inserted): "For the investment of technical provisions of the health insurance company applies the code of insurance."

2. In § 32 Al is created. 4:

"(4) For voluntary health insurance contracts under para. 1, 2 and 3 shall apply art. 65A, 104A and § 11 (b) of the transitional and final provisions of the insurance code.

The law was adopted by 41-Otto National Assembly on 20 February 2013 and is stamped with the official seal of the National Assembly.

 President of the National Assembly Tsetska Tsacheva:

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