Sec. 59.4. Filing and approval requirements for certificates subject to approval under section 3201(b)(1) of the Insurance Law, other than those mentioned in section 59.3 of this Part

(a) Certificates subject to this section shall afford insureds protections substantially similar to those provided by group policies and certificates delivered in New York which comply with all group laws, regulations and rules, except as provided in subdivision (b) of this section.

(b) Certificates subject to this Part evidencing coverage under a policy delivered outside of New York to a group not recognized under New York law and regulations must comply with the contract and loss or benefit ratio requirements of individual or group insurance, whichever, in the opinion of the superintendent, affords the certificate holder the greatest protection. Such determination may require an insurer to comply with contract standards on a basis different from the applicable loss or benefit ratio standard.