Effective: March 23, 2007
Latest Legislation: Senate Bill 5 - 126th General Assembly
(A)(1) Where an insurance agent or an affiliate of an insurance agent receives any compensation from a public entity related to the placement of insurance, or is entitled to receive such compensation from a public entity even if the agent or affiliate waives receipt or collection of that compensation, neither that agent nor the affiliate shall accept or receive any compensation from an insurer or other third party related to that placement of insurance with the public entity unless the agent or affiliate has, prior to the placement of insurance, obtained the public entity's documented acknowledgement that such third-party compensation will be received by the agent or affiliate.
(2) This division shall not apply to any of the following:
(a) A person licensed as an insurance agent who acts only as an intermediary between an insurer and the public entity's agent, such as a managing general agent, a sales manager, or wholesale broker;
(b) A reinsurance intermediary;
(c) An insurance agent or affiliate of an insurance agent whose sole compensation related to the placement of insurance with the public entity is compensation from an insurer or other third party.
(3) Execution and receipt of a public entity's documented acknowledgment in accordance with this section shall not supersede an otherwise valid and enforceable contract between the public entity and the agent or affiliate nor shall it supersede the superintendent's authority to enforce the laws relating to insurance in the state of Ohio.
(B) When an insurance agent or affiliate is acting as a public servant, the agent's or affiliate's acceptance of compensation from an insurer or the other third party exclusively related to the placement of insurance with the public entity shall not constitute a violation of division (A) of section 2921.43 of the Revised Code if the insurance agent or affiliate complies with this section.
(C) For purposes of this section:
(1) "Affiliate" means a person who controls, is controlled by, or is under common control with the agent.
(2) "Compensation from an insurer or other third party" means payments, commissions, fees, awards, overrides, bonuses, contingent commissions, loans, stock options, gifts, prizes, or any other form of valuable consideration, whether or not payable pursuant to a written agreement.
(3) "Compensation from a public entity" shall not include either of the following:
(a) Any fee charged to, and paid by, a public entity pursuant to section 3905.55 of the Revised Code if such fee does not exceed fifty dollars; or
(b) Any portion of an insurance premium paid by a public entity to an insurance agent or any affiliate of such agent that an insurer or other third party has authorized the agent or affiliate to retain as commission after the balance of the public entity's premium payment has been remitted to the insurer or other third party.
(4) "Documented acknowledgment" means the public entity's written acknowledgment obtained prior to the placement of insurance. In the case of a purchase over the telephone or by electronic means for which written acknowledgment cannot reasonably be obtained, acknowledgment documented by the agent shall be acceptable.
(5) "Insurance product" includes a fully insured product or partially or fully self-insured product.
(6) "Placement of insurance" means the initial purchase of an insurance product or the renewal of an existing product unless the insurer independently generates and processes the renewal without the agent's participation or involvement. "Placement of insurance" does not mean the servicing or modification of an existing contract that does not involve the public entity evaluating options for the purchase or renewal of an insurance product.
(7) "Public entity" means the state and any political subdivision as defined in section 2744.01 of the Revised Code; any state institution of higher education as defined in section 3345.12 of the Revised Code; and any instrumentality or retirement system of the state, any political subdivision, or any state institution of higher education.
(8) "Public servant" shall have the same definition as in section 2921.01 of the Revised Code.
Structure Ohio Revised Code
Chapter 3905 | Insurance Producers Licensing Act
Section 3905.01 | Insurance Producers Licensing Act Definitions.
Section 3905.02 | License Required.
Section 3905.03 | Exceptions to Licensing Requirement.
Section 3905.04 | Written Examination of Applicant for Agent License.
Section 3905.041 | Exceptions to Program of Insurance Education or Examination Requirement.
Section 3905.05 | Application for Resident Insurance Agent License.
Section 3905.051 | Criminal Records Check; Fingerprinting; Confidentiality.
Section 3905.06 | Issuance and Contents of License - Lines of Authority.
Section 3905.061 | Agent to File of Change of Address.
Section 3905.062 | Portable Electronics Insurance.
Section 3905.063 | Self-Service Storage Insurance; License Required.
Section 3905.064 | Travel Insurance Definitions.
Section 3905.065 | Travel Insurance Agent License; Travel Protection Plans; Policy Requirements.
Section 3905.066 | Travel Retailers.
Section 3905.067 | Unfair and Deceptive Acts or Practices.
Section 3905.068 | Tax on Travel Insurance Premiums.
Section 3905.069 | Travel Administrators.
Section 3905.0610 | Classification of Travel Insurance; Eligibility and Underwriting Standards.
Section 3905.07 | Nonresident Insurance Agent or Surplus Lines Broker License; Renewal.
Section 3905.071 | Nonresident to File Change of Address.
Section 3905.072 | Nonresident Limited Lines Insurance Agent License.
Section 3905.08 | Reciprocity.
Section 3905.09 | Temporary Insurance Agent License.
Section 3905.11 | Agent's Use of Assumed Name.
Section 3905.14 | Disciplinary Actions.
Section 3905.15 | Hearing to Determine Administrative Action Modification.
Section 3905.16 | Surrender of License.
Section 3905.18 | Paying Unlawful Consideration.
Section 3905.181 | Accepting Consideration Without License.
Section 3905.182 | Sale of Shares of Capital Stock of Life Insurance Company or Agency.
Section 3905.20 | Appointment of Insurance Agent to Act as Agent of Insurer.
Section 3905.201 | Limited Line Credit Insurance Program of Instruction.
Section 3905.21 | Notice of Terminating Relationship With Insurance Agent.
Section 3905.24 | Confidentiality of Records and Information - Exceptions.
Section 3905.26 | Centralized Agent License Registry.
Section 3905.29 | Mutual Protective Associations Exempted.
Section 3905.30 | Resident and Nonresident Surplus Lines Broker's License.
Section 3905.31 | Prohibitions.
Section 3905.32 | License Fees.
Section 3905.331 | Exempt Commercial Purchasers; Qualifications; Qualified Risk Managers.
Section 3905.332 | Designation as Domestic Surplus Lines Insurer.
Section 3905.34 | Separate Accounts.
Section 3905.37 | Prohibited Acts.
Section 3905.39 | Continuation of Certificates and Licenses.
Section 3905.40 | Fees Paid to Superintendent of Insurance.
Section 3905.401 | Valuation Fee Not Applicable to Reinsurance Ceded to Affiliated Companies.
Section 3905.41 | Accounts for Fees.
Section 3905.42 | Insurance Business Must Be Authorized.
Section 3905.421 | Vehicle Protection Product Warranty.
Section 3905.422 | Homes Service Contract Are Consumer Transactions.
Section 3905.423 | Consumer Goods Contracts to Be Covered by Reimbursement Insurance.
Section 3905.424 | Waiver of Customer Obligation Not Insurance Matter.
Section 3905.426 | Requirements for Ancillary Product Protection Contracts.
Section 3905.43 | Advertising Limitations.
Section 3905.44 | Limitation Upon Domestic Companies.
Section 3905.45 | Payment of Funeral or Burial Expenses Policy.
Section 3905.451 | Funeral or Burial Goods or Services Coverage Not Subject to Preneed Provisions.
Section 3905.46 | Application of Law.
Section 3905.47 | Agent Training Programs.
Section 3905.471 | Insurance Navigator Certification.
Section 3905.472 | Qualified Health Benefit Plans.
Section 3905.473 | Exchange Listings.
Section 3905.474 | Qualifications for In-Person Assisters.
Section 3905.481 | Continuing Education Requirements.
Section 3905.484 | Establishing Criteria for Course or Program of Study for License Examination.
Section 3905.486 | Adoption of Rules.
Section 3905.49 | Prohibiting False Representation as Independent Agent.
Section 3905.50 | Terminating Independent Insurance Agent Contract.
Section 3905.53 | Effect of Child Support Default on License.
Section 3905.56 | Compensation by Public Entity for Placement of Insurance.
Section 3905.61 | Controlled Insurers Definitions.
Section 3905.62 | Application of Sections.
Section 3905.63 | Limits on Business Placed With Controlled Insurer by Controlling Producer.
Section 3905.64 | Notice to Prospective Insured by Controlling Producer.
Section 3905.65 | Remedies for Noncompliance.
Section 3905.71 | Managing General Agent Definitions.
Section 3905.72 | Managing General Agent License Requirement.
Section 3905.73 | Responsibilities of Managing General Agent.
Section 3905.74 | Independent Financial Examination of Each Managing General Agent.
Section 3905.75 | Acts of Agent Deemed Acts of Insurer - Examinations.
Section 3905.76 | Prohibition.
Section 3905.77 | Penalties for Violations.
Section 3905.78 | Rights Not Limited or Restricted.
Section 3905.81 | Reinsurance Intermediary-Broker or Intermediary-Manager License Required - Rules.
Section 3905.83 | Surety Bail Bond Agent Definitions.
Section 3905.84 | Surety Bail Bond Agent to Be Qualified, Licensed, and Appointed.
Section 3905.841 | Persons or Classes of Persons Not to Act as Agents.
Section 3905.85 | Surety Bail Bond Agent License.
Section 3905.851 | No Imposition of Local Licensing Fees.
Section 3905.86 | Appointment of Agent by Insurer.
Section 3905.861 | Extending Appointments to Affiliated Agents.
Section 3905.862 | Expiration or Cancellation of Appointment; Fee.
Section 3905.88 | Continuing Education.
Section 3905.89 | Notice of Change of Principal Business Address or Telephone Number.
Section 3905.90 | Records of Surety Bonds to Be Maintained - Furnishing of Information.
Section 3905.901 | Determination of Direct Written Premiums for Bail Bonds.
Section 3905.91 | Build-Up Funds.
Section 3905.92 | Requirements for Acceptance of Collateral Security or Other Indemnity.
Section 3905.921 | Discharge of Bond Where Collateral Security or Other Indemnity Accepted.
Section 3905.93 | Bail Bond - Charges and Fees.
Section 3905.931 | Furnishing of Forms and Other Supplies.
Section 3905.932 | Prohibited Acts.
Section 3905.933 | Signing or Countersigning Agent's Name to a Bond.
Section 3905.934 | Advertising Requirements.
Section 3905.94 | License Suspension or Revocation.