[1] Setting Every Community for Retirement Enhancement Act, P.L. 116-94; Written representation from the insurer: The representations to be provided by the insurer are as follows:
- The insurer is licensed to offer guaranteed retirement income contracts
- The insurer, at the time of selection and for each of the immediately preceding 7 plan years:
- Operates under a certificate of authority from the insurance commissioner of its domiciliary state that has not been revoked or suspended
- Has filed audited financial statements in accordance with the laws of its domiciliary state
- Maintains and has maintained reserves which satisfy all the statutory requirements of all states in which the insurer does business
- Is not operating under an order of suspension, rehabilitation or liquidation
- The insurer undergoes, at least every 5 years, a financial examination by the insurance commissioner of its domiciliary state
- The insurer will notify the fiduciary of any change in circumstances after providing the above representations, which would preclude the insurer from making such representations at the time of issuance of the contract