For the purposes of this sub-chapter, the following
definitions shall apply:
(1) A "buyer's guide" is a document which
contains, and is limited to, the language contained in ARM 6.6.209 or language
approved by the commissioner of insurance.
(2) A "cash dividend" is the current illustrated
dividend which can be applied toward payment of the gross premium.
(3) The "equivalent level annual dividend" is
calculated by applying the following steps:
(a) Accumulate the annual cash dividends at 5% interest
compounded annually to the end of the 10th and 20th policy years.
(b) Divide each accumulation of step (a) by an interest
factor that converts it into one equivalent level annual amount that, if paid
at the beginning of each year, would accrue to the values in step (a) over the
respective periods stipulated in step (a) . If the period is 10 years, the
factor is 13.207 and if the period is 20 years, the factor is 34.719.
(c) Divide the results of step (b) by the number of
thousands of the equivalent level death benefit to arrive at the equivalent
level annual dividend.
(4) The "equivalent level death benefit" of a
policy or term life insurance rider is an amount calculated as follows:
(a) Accumulate the guaranteed amount payable upon death,
regardless of the cause of death, at the beginning of each policy year for 10
and 20 years at 5% interest compounded annually to the end of the 10th and 20th
policy years respectively.
(b) Divide each accumulation of step (a) by an interest
factor that converts it into one equivalent level annual amount that, if paid
at the beginning of each year, would accrue to the value in step (a) over the
respective periods stipulated in step (a) . If the period is 10 years, the
factor is 13.207 and if the period is 20 years, the factor is 34.719.
(5) "Generic name" means a short title which is
descriptive of the premium and benefit patterns of a policy or a rider.
(6) "Life insurance cost indexes" includes:
(a) The "life insurance surrender cost index" is
calculated by applying the following steps:
(i) Determine the guaranteed cash surrender value, if any,
available at the end of the 10th and 20th policy years.
(ii) For participating policies, add the terminal dividend
payable upon surrender, if any, to the accumulation of the annual cash
dividends at 5% interest compounded annually to the end of the period selected
and add this sum to the amount determined in step (i) .
(iii) Divide the result of step (ii) (step (i) for guaranteed cost policies) by an
interest factor that converts it into an equivalent level annual amount that,
if paid at the beginning of each year, would accrue to the value in step (ii) (step (i) for guaranteed cost policies) over the respective periods stipulated
in step (i) . If the period is 10 years, the factor is 13.207 and if the period
is 20 years, the factor is 34.719.
(iv) Determine the equivalent level premium by accumulating each annual premium
payable for the basic policy or rider at 5% interest compounded annually to the
end of the period stipulated in step (i) and dividing the result by the
respec-tive factors stated in step (iii) (this amount is the annual premium payable
for a level premium plan) .
(v) Subtract the result of step (iii) from
step (iv) .
(vi) Divide the result of step (v) by the number of thousands of the equivalent
level death benefit to arrive at the life insurance surrender cost index.
(b) The
"life insurance net payment cost index" is calculated in the same
manner as the comparable life insurance cost index except that the cash
surrender value and any terminal dividend are set at zero.
(7) For
the purposes of this sub-chapter, "policy summary" means a
written statement describing the elements of the policy including but not
limited to:
(a) A
prominently placed title as follows:
STATEMENT OF POLICY COST AND BENEFIT INFORMATION.
(b) The
name and address of the insurance agent, or, if no agent is involved, a
statement of the procedure to be followed in order to receive responses to
inquiries regarding the policy summary.
(c) The
full name and home office or administrative office address of the company in
which the life insurance policy is to be or has been written.
(d) The generic name of the basic policy
and each rider.
(e) The following amounts, where
applicable, for the first 5 policy years and representative policy years
thereafter sufficient to clearly illustrate the premium and benefit patterns, including,
but not necessarily limited to, the years for which life insurance cost indexes
are displayed and at least one age from 60 through 65 or maturity whichever is
earlier:
(i) The annual premium for the basic
policy.
(ii) The annual premium for each optional
rider.
(iii) Guaranteed amount payable upon death,
at the beginning of the policy year regardless of the cause of death other than
suicide, or other specifically enumerated exclusions, which is provided by the
basic policy and each optional rider, with benefits provided under the basic
policy and each rider shown separately.
(iv) Total guaranteed cash surrender values
at the end of
the year
with values shown separately for the basic policy and
each
rider.
(v) Cash dividends payable at the end of
the year with values shown separately for the basic policy and each rider. (Dividends need not be displayed beyond the twentieth policy year) .
(vi) Guaranteed endowment amounts payable
under the policy which are not included under guaranteed cash surrender values
above.
(f) The effective policy loan annual
percentage interest rate, if the policy contains this provisions, specifying
whether this rate is applied in advance or in arrears. If the policy loan
interest rate is variable, the policy summary includes the maximum annual
percentage rate.
(g) Life insurance cost indexes for 10 and
20 years but in no case beyond the premium paying period. Separate indexes are
displayed for the basic policy and for each optional term life insurance rider.
Such indexes need not be included for optional riders which are limited to
benefits such as accidental death benefits, disability waiver of premium,
preliminary term life insurance coverage of less than 12 months and guaranteed
insurability benefits nor for basic policies or optional riders covering more
than one life.
(h) The equivalent level annual dividend,
in the case of
participating
policies and participating optional term life in
surance
riders, under the same circumstances and for the same durations at which life
insurance cost indexes are displayed.
(i) A policy summary which includes
dividends shall also
include
a statement that dividends are based on the company's
current
dividend scale and are not guaranteed in addition to a
statement
in close proximity to the equivalent level annual
dividend
as follows: An explanation of the intended use of the
equivalent
level annual dividend is included in the life insurance buyer's guide.
(j) A statement in close proximity to the
life insurance
cost
indexes as follows: An explanation of the intended use of
these
indexes is provided in the life insurance buyer's guide.
(k) The date on which the policy summary is
prepared. The
policy
summary must consist of a separate document. All information required to be
disclosed must be set out in such a manner as to not minimize or render any
portion thereof obscure. Any amounts which remain level for two or more years
of the policy may be represented by a single number if it is clearly indicated
what amounts are applicable for each policy year. Amounts in item (e) of this
section shall be listed in total, not on a per thousand nor per unit basis. If
more than one insured is covered under one policy or rider, guaranteed death
benefits shall be displayed separately for each insured or for each class of
insureds if death benefits do not differ within the class. Zero
amounts
shall be displayed as zero and shall not be displayed as a blank space.