Title 3 . Commerce, Community, and Economic Development

Chapter 28 . Miscellaneous

Section 140. Contracts providing for variable benefits

3 AAC 28.140. Contracts providing for variable benefits

(a) Any variable contract providing benefits payable in variable amounts delivered or issued for delivery in this state shall contain a statement of the essential features of the procedures to be followed by the insurance company in determining the dollar amount of such variable benefits. Any such contract, including a group contract and any certificate of variable benefits issued thereunder, shall state that such dollar amount will vary to reflect investment experience and shall contain on its first page a clear statement to the effect that the benefits thereunder are on a variable basis.

(b) Illustrations of benefits payable under any variable contract shall not include projections of past investment experience into the future or attempted predictions of future investment experience; provided that nothing contained herein is intended to prohibit use of hypothetical assumed rates of return to illustrate possible levels of benefits.

(c) No individual variable annuity contract calling for the payment of periodic stipulated payments shall be delivered or issued for delivery in this state unless it contains in substance the following provisions or provisions which in the opinion of the director are more favorable to the holders of such contracts:

(1) a provision that there shall be a period of grace of 30 days or of one month, within which any stipulated payment to the insurer falling due after the first may be made, during which period of grace the contract shall continue in force. The contract may include a statement of the basis for determining the date as of which any such payment received during the period of grace shall be applied to produce the values under the contract arising therefrom;

(2) a provision that, at any time within one year from the date of default, in making periodic stipulated payments to the insurer during the life of the annuitant and unless the cash surrender value has been paid, the contract may be reinstated upon payment to the insurer of such overdue payments as required by the contract, and of all indebtedness to the insurer on the contract, including interest. The contract may include a statement of the basis for determining the date as of which the amount to cover such overdue payments and indebtedness shall be applied to produce the values under the contract arising therefrom;

(3) a provision specifying the options available in the event of default in a periodic stipulated payment. Such options may include an option to surrender the contract for a cash value as determined by the contract, and shall include an option to receive a paid-up annuity if the contract is not surrendered for cash, the amount of such paid-up annuity being determined by applying the value of the contract at the annuity commencement date in accordance with the terms of the contract.

(d) No individual variable life insurance policy may be delivered or issued for delivery in this state unless it contains in substance the following provisions or provisions which, in the opinion of the director, are more favorable to a holder of a policy;

(1) a provision that there must be a period of grace of 30 days or of one month, within which payment of any premium after the first may be made and the policy must continue in force, but if a claim arises under the policy during the grace period before the overdue premiums or the deferred premiums of the current policy year, if any, are paid, the amount of premiums, together with interest not in excess of eight percent per annum, may be deducted from any amount payable under the policy in settlement. The policy may contain a statement of the basis for determining any variation in benefits that may occur as a result of the payment of premium during the grace period;

(2) a provision that the policy will be reinstated at any time within three years from the date of default, unless the cash surrender value has been paid or unless the period of extended insurance has expired, upon application of the insured, production of evidence satisfactory to the insurer of insurability and good health of the insured, and payment of an amount not exceeding the greater of

(A) all overdue premiums and the payment of any other indebtedness of the insurer on the policy with interest at a rate not exceeding eight percent per annum compounded annually; or

(B) 110 percent of the increase in cash surrender value resulting from reinstatement;

(3) a provision for cash surrender values and paid-up insurance benefits available as nonforfeiture options under the policy in the event of default in a premium payment after premiums have been paid for a specified period. If the policy does not include a table of figures for the options available, the policy must provide that the company will furnish at least once in each policy year a statement showing the cash value as of a date no earlier than the prior policy anniversary. The method of computation of cash values and other nonforfeiture benefits, as described either in the policy or in a statement filed with the insurance commissioner of the state in which the policy is delivered, must be in accordance with actuarial procedures that recognize the variable nature of the policy. If the net investment return credited to the contract at all times from the date of issue should be equal to the assumed investment increment factor if the contract provides for such a factor, or five and one-half percent if not, with premiums and benefits determined accordingly under the terms of the policy, the resulting cash values and other nonforfeiture benefits must be at least equal to the minimum values required by AS 21.45.300 for a fixed-dollar policy with the same premiums and benefits. The method of computation may disregard incidental minimum guarantees as to the dollar amounts payable. Incidental minimum guarantees include a guarantee under a policy which provides for an assumed investment increment factor that the amount payable at death or maturity shall be at least equal to the amount that otherwise would have been payable if the net investment return credited to the contract at all times from the date of issue had been equal to that factor.

(e) Any variable annuity contract delivered or issued for delivery in this state shall stipulate the investment increment factors to be used in computing the dollar amounts of variable benefits or other variable contractual payments or values thereunder, and may guarantee that expense and/or mortality results, shall not adversely affect such dollar amounts. In the case of an individual variable annuity contract under which the expense and mortality results may adversely affect the dollar amount of benefits, the expense and mortality factors shall be stipulated in the contract."Expense," as used in this subsection may exclude some or all taxes, as stipulated in the contract.

(f) In computing the dollar amount of variable benefits or other contractual payments or values under an individual variable annuity contract

(1) the annual net investment increment assumption shall not exceed 5 percent except with the approval of the director;

(2) to the extent that the level of benefits may be affected by future mortality results, the mortality factor shall be determined from the Annuity Mortality Table for 1949, Ultimate, or any modification of that table not having a lower life expectancy at any age, or, if approved by the director from another table.

(g) Any individual variable life insurance policy delivered or issued for delivery in this state must stipulate the investment increment factor to be used in computing the dollar amount of variable benefits or other variable contractual payments or values under the policy and must guarantee that expense and mortality results may not adversely affect those dollar amounts.

(h) The reserve liability for variable contracts shall be established pursuant to the requirements of the standard valuation law in accordance with actuarial procedures that recognize the variable nature of the benefits provided and any mortality guarantees.

History: Eff. 11/8/73, Register 48; am 3/31/82, Register 81

Authority: AS 21.06.090

AS 21.42.370