---
title: O.C.G.A. § 33-38-5. Creation; required membership; functions and powers; supervision of association; accounts for administration and assessment.
collection: code
id: 33-38-5
cite_as: O.C.G.A. § 33-38-5 (2025)
canonical_url: https://georgiacommons.org/code/33-38-5
md_url: https://georgiacommons.org/code/33-38-5.md
text_url: https://georgiacommons.org/code/33-38-5/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t33-ch23-65-(v25)-2020-pdf.pdf?sfvrsn=68297_0#page=797
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/33-38.md
previous: https://georgiacommons.org/code/33-38-4.md
next: https://georgiacommons.org/code/33-38-6.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: INSURANCE / GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
---

# O.C.G.A. § 33-38-5. Creation; required membership; functions and powers; supervision of association; accounts for administration and assessment.

(a) There is created a nonprofit, unincorporated association to be known as the Georgia Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance, a health maintenance organization business, or a health care corporation business in this state. The association shall perform its functions under the plan of operation established and approved under Code Section 33-38-8 and shall exercise its powers through a board of directors established under Code Section 33-38-6.

(b) The association shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state.

(c) For purposes of administration and assessment, the association shall maintain two accounts: (1) the health insurance account; and (2) the life insurance and annuity account. The life insurance and annuity account shall contain three subaccounts: (A) the life insurance account; (B) the annuity account; and (C) the unallocated annuity account.

(d) For purposes of assessment, supplemental contracts shall be covered under the account in which the basic policy is covered.

## History

Code 1933, § 56-2204, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1988, p. 1900, § 3; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 4/HB 1050.

The 2020 amendment, effective July 1, 2020, inserted ‘‘, a health maintenance organization business, or a health care corporation business’’ in the second sentence of subsection (a).