North Carolina Administrative Code
Title 11 - INSURANCE
Chapter 04 - CONSUMER SERVICES DIVISION
Section .0500 - LIFE INSURANCE ILLUSTRATIONS
Section 04 .0501 - SCOPE AND DEFINITIONS
Universal Citation: 11 NC Admin Code 04 .0501
Current through Register Vol. 39, No. 6, September 16, 2024
(a) These Rules apply to all policies sold on and after the effective dates of these Rules and to all certificates issued under those policies.
(b) As used in this Section, the following terms have the following meanings:
(1)
"Actuarial Standards Board" means the board established by the American Academy
of Actuaries to develop and promulgate standards of actuarial
practice.
(2) "Basic illustration"
means a ledger or proposal used in the sale of a policy that shows both
guaranteed and non-guaranteed elements.
(3) "Contract premium" means the gross
premium that is required to be paid under a fixed premium policy, including the
premium for a rider for which benefits are shown in the illustration.
(4) "Currently payable scale" means a scale
of non-guaranteed elements in effect for a policy as of the preparation date of
the illustration or declared to become effective within the next 95
days.
(5) "Disciplined current
scale" means a scale of non-guaranteed elements constituting a limit on
illustrations currently being illustrated by an insurer that is based on actual
recent historical experience, as certified annually by an illustration actuary
designated by the insurer.
(6)
"Guaranteed elements" means the premiums, benefits, values, credits, or charges
under a policy that are guaranteed and determined at issue.
(7) "Illustrated scale" means a scale of
non-guaranteed elements currently being illustrated that is not more favorable
to the policy owner than the lesser of:
(A)
The disciplined current scale; or
(B) The currently payable scale.
(8) "Illustration" means a
presentation or depiction that includes non-guaranteed elements of a policy
over a period of years and that is either a basic illustration, in-force
illustration, or a supplemental illustration.
(9) "In force illustration" means an
illustration furnished at any time after the policy that it depicts has been in
force for one year or more.
(10)
"Illustration actuary" means an actuary meeting the requirements of
11 NCAC
04 .0509 who certifies to illustrations based
on the standard of practice promulgated by the Actuarial Standards
Board.
(11) "Lapse-supported
illustration" means an illustration of a policy failing the test of
self-supporting as defined in this Subparagraph (b)(16) of this Rule, under a
modified persistency rate assumption using persistency rates underlying the
disciplined current scale for the first five years and 100 percent policy
persistency thereafter.
(12)
"Non-guaranteed elements" means the premiums, benefits, values, credits, or
charges under a policy that are not guaranteed or not determined at
issue.
(13) "Policy" means a group
or individual life insurance policy or certificate. "Policy" does not include:
(A) A variable life insurance policy or
certificate.
(B) An annuity
contract.
(C) A credit life
insurance policy or certificate.
(D) A life insurance policy with no
illustrated death benefit on any individual exceeding ten thousand dollars
($10,000).
(14) "Policy
owner" means the owner named in a policy or the certificate holder in the case
of a group policy.
(15) "Premium
outlay" means the amount of premium assumed to be paid by the policy owner or
other premium payer out-of-pocket.
(16) "Self-supporting illustration" means an
illustration of a policy for which it can be demonstrated that, when using
experience assumptions underlying the disciplined current scale, for all
illustrated points in time on or after the fifteenth policy anniversary or the
twentieth policy anniversary for second-or-later-to-die policies (or upon
policy expiration if sooner), the accumulated value of all policy cash flows
equals or exceeds the total policy owner value available. For this purpose,
policy owner value will include cash surrender values and any other illustrated
benefit amounts available at the policy owner's election.
(17) "Supplemental illustration" means an
illustration furnished in addition to a basic illustration that meets the
applicable requirements of this Section, and that may be presented in a format
differing from the basic illustration, but may only depict a scale of
non-guaranteed elements that is permitted in a basic illustration.
Authority
G.S.
58-2-40;
58-58-1;
58-58-40;
58-60-15;
58-60-20;
58-63-15;
58-63-65;
Eff. January
1, 1997;
Readopted Eff. December 1,
2021.
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