Alabama Administrative Code
Title 482 - ALABAMA DEPARTMENT OF INSURANCE
Chapter 482-1-133 - LIFE INSURANCE AND ANNUITIES REPLACEMENT REGULATION
Section 482-1-133-.02 - Purpose And Scope
Universal Citation: AL Admin Code R 482-1-133-.02
Current through Register Vol. 42, No. 11, August 30, 2024
(1) The purpose of this chapter is:
(a) To regulate the
activities of insurers and producers with respect to the replacement of
existing life insurance and annuities.
(b) To protect the interests of life
insurance and annuity purchasers by establishing minimum standards of conduct
to be observed in replacement or financed purchase transactions. It will:
(1) Assure that purchasers receive
information with which a decision can be made in his or her own best interest;
(ii) Reduce the opportunity for
misrepresentation and incomplete disclosure; and
(iii) Establish penalties for failure to
comply with requirements of this chapter.
(2) Unless otherwise specifically included,
this chapter shall not apply to transactions involving:
(a) Credit life insurance;
(b) Group life insurance or group annuities
where there is no direct solicitation of individuals by an insurance producer.
Direct solicitation shall not include any group meeting held by an insurance
producer solely for the purpose of educating or enrolling individuals or, when
initiated by an individual member of the group, assisting with the selection of
investment options offered by a single insurer in connection with enrolling
that individual. Group life insurance or group annuity certificates marketed
through direct response solicitation shall be subject to the provisions of Rule
482-1-133-.08;
(c) Group life insurance and annuities used
to fund prearranged funeral contracts;
(d) An application to the existing insurer
that issued the existing policy or contract when a contractual change or a
conversion privilege is being exercised; or, when the existing policy or
contract is being replaced by the same insurer pursuant to a program filed with
and approved by the commissioner; or, when a term conversion privilege is
exercised among corporate affiliates;
(e) Proposed life insurance that is to
replace life insurance under a binding or conditional receipt issued by the
same company;
(f)
(i) Policies or contracts used to fund (i) an
employee pension or welfare benefit plan that is covered by the Employee
Retirement and Income Security Act (ERISA); (ii) a plan described by Sections
401(a), 401(k) or 403(b) of the Internal Revenue Code, where the plan, for
purposes of ERISA, is established or maintained by an employer; (iii) a
governmental or church plan defined in Section 414, a governmental or church
welfare benefit plan, or a deferred compensation plan of a state or local
government or tax exempt organization under Section 457 of the Internal Revenue
Code; or (iv) a nonqualified deferred compensation arrangement established or
maintained by an employer or plan sponsor.
(ii) Notwithstanding Subparagraph (i), this
chapter shall apply to policies or contracts used to fund any plan or
arrangement that is funded solely by contributions an employee elects to make,
whether on a pre-tax or after-tax basis, and where the insurer has been
notified that plan participants may choose from among two (2) or more insurers
and there is a direct solicitation of an individual employee by an insurance
producer for the purchase of a contract or policy. As used in this rule, direct
solicitation shall not include any group meeting held by an insurance producer
solely for the purpose of educating individuals about the plan or arrangement
or enrolling individuals in the plan or arrangement or, when initiated by an
individual employee, assisting with the selection of investment options offered
by a single insurer in connection with enrolling that individual
employee;
(g) Where new
coverage is provided under a life insurance policy or contract and the cost is
borne wholly by the insured's employer or by an association of which the
insured is a member;
(h) Existing
life insurance that is a non-convertible term life insurance policy that will
expire in five (5) years or less and cannot be renewed;
(i) Immediate annuities that are purchased
with proceeds from an existing contract. Immediate annuities purchased with
proceeds from an existing policy are not exempted from the requirements of this
chapter; or
(j) Structured
settlements.
(3)
Registered contracts shall be exempt from the requirements of Rules
482-1-133-.06(1)(b)
and 482-1-133-.07(b)
with respect to the provision of illustrations or policy summaries; however,
premium or contract contribution amounts and identification of the appropriate
prospectus or offering circular shall be required instead.
Author: Commissioner of Insurance
Statutory Authority: Code of Ala. 1975, §§ 27-2-17.
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