California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 3 - Insurers
Article 10.1 - Investment Annuities
Section 2522.11 - A Statement Shall be Furnished Applicants for Investment Annuities
Universal Citation: 10 CA Code of Regs 2522.11
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A statement containing the following information shall be furnished to an applicant upon request and prior to the execution of an application or group enrollment form.
(1) A summary explanation in non-technical terms
of the principal features of the policy and of the manner in which any benefits will
vary based upon premiums payable from the segregated custodian account which will
reflect the investment experience of the assets in the account.
(2) A listing of the kinds of assets (investments)
which are acceptable investments within a custodian account.
(3) A specific and complete schedule of all
premiums and a specific and complete current custodian fee schedule which clearly
discloses the usual and customary charges imposed by the custodian, including the
charges for each type of investment transaction. Such custodian fee schedule shall
specify that the custodian shall not increase the custodian account charges more
than once each twelve months. A disclosure of the amount of the premiums payable as
commissions for the sale of the investment annuity. Such disclosures shall comply
with the requirements of subsection (d) of Section
2522.7 of this Article.
(4) A statement of the federal income tax
liabilities applicable to the policy, and an explanation of the state premium
tax.
(5) A prominent statement with
respect to the fact that the custodian cannot return any assets of the account to
the policyholder, policyowner or annuitant.
(6) Subject to the approval of the Commissioner,
the insurer may include such other relevant information as the insurer deems
appropriate.
(b) The form or forms containing the above specified information required to be furnished to applicants shall be filed with the Commissioner prior to any use thereof and shall not be used until approved in writing by the Commissioner.
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