California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 2 - Policy Forms and Other Documents
Article 2a - Group Disability Policies
Subarticle 3 - Optional Uniform Provisions
Section 2232.35 - Policy Provisions Not Deemed to be Proration

(a) Notwithstanding the prohibitions of Sections 2232.33 and 2232.34, an insurer may include in the policy affirmative statements of coverage or affirmative provisions, otherwise lawful, relating to the conditions of eligibility or the conditions determining the amounts of insurance, which may refer to other insurance with the same or another insurer, if the amount of coverage of the policy and the individuals with respect to whom coverage is provided thereunder can be determined with particularity for each period of time for which premium is paid to the insurer, without having to take into consideration the probabilities of other insurance not yet in effect or not yet disclosed, but which may in the future become in effect or be disclosed, affecting the amounts of benefits payable.

(b) Group policies or contracts which are in force on January 1, 1975, and which contain either an "excess" or a "non-duplication" provision, other than as specifically provided in this section shall be brought into compliance with this section by the later of the next annual renewal date of such policies or contracts, or the expiration of a collectively bargained contract pursuant to which they were written.