A. Group disability insurance is that form of disability insurance covering groups of persons as defined below, with or without one or more members of their families or one or more of their dependents, or covering one or more members of the families or one or more dependents of persons in such groups, and issued on the following basis:

1. 1. Under a policy issued to an employer or trustees of a fund established by an employer, who shall be deemed the policyholder, insuring at least two employees of the employer, for the benefit of persons other than the employer. For the purposes of this paragraph, "employees" includes:

   1. (a) The officers, managers and employees of the employer, the individual proprietor or partners if the employer is an individual proprietor or partnership, the officers, managers and employees of subsidiary or affiliated corporations and the individual proprietors, partners and employees of individuals and firms, if the business of the employer and such individual or firm is under common control through stock ownership, contract or otherwise.
   2. (b) Retired employees.
   3. (c) If a policy issued to insure employees of a public body so provides, elected or appointed officials.
2. 2. Under a policy issued to an association, including a labor union, which shall have a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least twenty-five members, employees or employees of members of the association for the benefit of persons other than the association or its officers or trustees. For the purposes of this paragraph, "employees" includes retired employees.

3. 3. Under a policy issued to the trustees of a fund established by two or more employers in the same industry or by one or more labor unions or by one or more employers and one or more labor unions, which trustees shall be deemed the policyholder, to insure employees of the employers or members of the unions for the benefit of persons other than the employers or the unions. For the purposes of this paragraph, "employees" includes:

   1. (a) The officers, managers and employees of the employer and the individual proprietor or partners if the employer is an individual proprietor or partnership.
   2. (b) Retired employees.
   3. (c) If the policy so provides, the trustees or their employees, or both, if their duties are principally connected with such trusteeship.
4. 4. Under a policy issued to any persons or organizations to which a policy of group life insurance may be delivered in this state, to insure any class or classes of individuals that could be insured under such group life policy.
5. 5. Under a policy or contract issued to a qualified marketplace platform, which shall be deemed the policyholder, covering qualified marketplace contractors who have executed a written contract with the qualified marketplace platform. For the purposes of this paragraph, "qualified marketplace contractor" and "qualified marketplace platform" have the same meanings prescribed in section 20-485.
6. 6. Under a policy issued to cover any other substantially similar group that, in the discretion of the director, may be subject to the issuance of a group disability policy or contract.