Bill

Bill > HR1478


US HR1478

US HR1478
Policyholder Protection Act of 2015


summary

Introduced
03/19/2015
In Committee
11/04/2015
Crossed Over
11/17/2015
Passed
Dead
01/03/2017

Introduced Session

114th Congress

Bill Summary

Policyholder Protection Act of 2015 (Sec. 2) This bill amends the Federal Deposit Insurance Act to declare that any action of the Federal Deposit Insurance Corporation (FDIC) that requires a bank holding company to provide funds or other assets to a subsidiary depository institution is neither effective nor enforceable with respect to a savings and loan holding company that is also an insurance company, an affiliate of an insured depository institution that is an insurance company, or any other company that is an insurance company and directly or indirectly controls an insured depository institution (entities) if: such funds or assets are to be provided by the entity, and the relevant state insurance authority determines that such an action would have a materially adverse effect on the entity's financial condition. The bill declares that requiring a bank holding company that is an insurance company to serve as a source of financial strength shall be deemed the kind of action of the Board of Governors of the Federal Reserve System that requires a bank holding company to provide funds or other assets to a subsidiary depository institution for specified purposes of the Bank Holding Company Act of 1956. The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, with respect to systemic risk determination and the treatment of insurance companies and their subsidiaries, to authorize the FDIC to stand in the place of the appropriate regulatory agency and file a judicial action to place such companies into orderly rehabilitation under state law if the appropriate regulatory agency has not done so. The FDIC, when funding the orderly liquidation of an insurance company or its subsidiary, shall notify the relevant state insurance authority promptly of its intention to take a lien on the company's assets. The FDIC may take such a lien only: to secure repayment of funds made available to such covered financial company or covered subsidiary; and if it determines that the lien will neither unduly impede nor delay the liquidation or rehabilitation of the insurance company, or the recovery by its policyholders.

AI Summary

This bill, the Policyholder Protection Act of 2015, amends existing federal law to provide greater protection for insurance policyholders by ensuring state insurance regulators have a voice in certain financial actions affecting insurance companies that also control or are affiliated with banks. Specifically, it clarifies that the Federal Deposit Insurance Corporation (FDIC) cannot force certain insurance-related entities that control banks to provide funds to those banks if the relevant state insurance authority determines such a requirement would negatively impact the insurance company's financial health. The bill also clarifies that requiring an insurance company to act as a "source of financial strength" for a bank it controls is subject to specific rules under the Bank Holding Company Act. Furthermore, it allows the FDIC to step in and initiate orderly rehabilitation for failing insurance companies or their subsidiaries if state regulators haven't, but requires the FDIC to notify state insurance authorities before placing a lien on an insurance company's assets and to ensure such a lien doesn't hinder policyholder recovery.

Committee Categories

Business and Industry, Housing and Urban Affairs

Sponsors (36)

Last Action

Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (on 11/17/2015)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...