§ 8005. Amendment or withdrawal of plan. At any time before the plan of reorganization becomes effective as provided in section eight thousand nine of this article, the reorganizing insurer may, by resolution of a three-fourths majority of its entire board of directors, amend the plan of reorganization or withdraw the plan of reorganization. In the case of a plan amendment, all references in this article to the plan of reorganization shall be deemed to refer to the plan as amended, but no amendment shall be deemed to change the adoption date of the plan of reorganization. A further public hearing is not necessary unless the superintendent determines that amendments submitted after the original hearing required under section eight thousand seven of this article will substantially alter the plan. In the event that the superintendent determines that the amendment substantially alters the plan, the plan as amended must be submitted for reconsideration by the policyholders entitled to vote on the plan as provided in section eight thousand eight of this article.

Terms Used In N.Y. Insurance Law 8005

  • Adoption date: means the date the board of directors of the mutual life insurer adopts the plan of reorganization. See N.Y. Insurance Law 8001
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • plan: means a plan adopted by a mutual life insurer in compliance with this article. See N.Y. Insurance Law 8001
  • Reorganizing insurer: means , in the case of a plan of reorganization of a mutual life insurer under this article, the mutual life insurer that is reorganizing pursuant to such plan. See N.Y. Insurance Law 8001