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- Alaska Statutes.
- Title 21. Insurance
- Chapter 3. Scope of Code
- Section 70. Exemption For Qualified Charitable Gift Annuities.
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AS 21.03.070. Exemption For Qualified Charitable Gift Annuities.
- (a) Notwithstanding any other provision of this title, the issuance of a qualified charitable gift annuity does not
constitute engaging in the business of insurance in this state, and, except as provided by this section, is exempt from
regulation by the division under this title.
- (b) When entering into an agreement for a qualified charitable gift annuity, the charitable organization shall set out in
writing in the agreement that
- (1) a qualified charitable gift annuity is not an insurance policy in this state, is not subject to regulation by the
division, and is not protected by the Alaska Life and Health Insurance Guaranty Association established under AS 21.79.040
or any other association that guarantees payment under a policy of insurance; and
- (2) the state does not in any way approve or endorse the annuity.
- (c) The notice required by (b) of this section must be in bold type and be contained in a separate paragraph, and the
print size of the notice must be larger than the print size generally used in the annuity agreement.
- (d) A charitable organization that issues its first qualified charitable gift annuity on or after October 1, 2001 shall
notify the division in writing within 90 days after the issuance. The notice
- (1) shall be signed by an officer or director of the charitable organization;
- (2) must provide the name and address of the charitable organization; and
- (3) must certify that
- (A) the charitable organization is a charitable organization; and
- (B) the charitable gift annuities issued by the charitable organization are qualified charitable gift annuities.
- (e) Except for the information required by (d) of this section, a charitable organization is not required to submit
information to the division unless the division determines additional information is necessary to determine an
appropriate fine under (g) of this section.
- (f) If a charitable organization fails to comply with the notice requirements under (b), (c), or (d) of this section, the
qualified charitable gift annuity issued by the charitable organization still receives the exemption for a qualified
charitable gift annuity provided by (a) of this section.
- (g) The division may enforce performance with the notice requirements under (b), (c), or (d) of this section by sending a
letter by certified mail, return receipt requested, demanding that the charitable organization comply with the
requirements. The division may impose a civil penalty on the charitable organization in an amount not to exceed $1,000
for each qualified charitable gift annuity issued by the charitable organization until the charitable organization
complies with the requirements.
- (h) In this section,
- (1) "charitable gift annuity" means a transfer of money or other property by a person to a charitable organization in
return for the charitable organization's providing an annuity to the person that is payable over one or two lives and
under which the
- (A) actuarial value of the annuity is less than the value of the money or other property transferred; and
- (B) difference in value constitutes a charitable deduction for federal income tax purposes;
- (2) "charitable organization" means a person identified
- (A) in the definition of "charitable contribution" in 26 U.S.C. 170(c) as a person to whom or for whose use a contribution
or gift is made; or
- (B) as an exempt organization under 26 U.S.C. 501(c)(3);
- (3) "qualified charitable gift annuity" means an annuity described in 26 U.S.C. 501(m)(5) and 26 U.S.C. 514(c)(5), if the
annuity is issued by a charitable organization that on the date of the issuance has
- (A) a minimum of
- (i) $300,000 in unrestricted cash, in cash equivalents, or in publicly traded securities, exclusive of the assets funding
the annuity; and
- (ii) three years of continuous operation or is a successor or affiliate of a charitable organization that has been in
continuous operation for at least three years; or
- (B) a guarantee that the obligations of the annuity contract will be met by a charitable organization that meets the
requirements of (A) of this paragraph.
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