A. Format. A basic
illustration shall conform with the following requirements:
1. The illustration shall be labeled with the
date on which it was prepared.
2.
Each page, including any explanatory notes or pages, shall be numbered and show
its relationship to the total number of pages in the illustration (e.g., the
fourth page of a seven-page illustration shall be labeled "page 4 of 7
pages").
3. The assumed dates of
payment receipt and benefit pay-out within a policy year shall be clearly
identified.
4. If the age of the
proposed insured is shown as a component of the tabular detail, it shall be
issue age plus the numbers of years the policy is assumed to have been in
force.
5. The assumed payments on
which the illustrated benefits and values are based shall be identified as
premium outlay or contract premium, as applicable. For policies that do not
require a specific contract premium, the illustrated payments shall be
identified as premium outlay.
6.
Guaranteed death benefits and values available upon surrender, if any, for the
illustrated premium outlay or contract premium shall be shown and clearly
labeled guaranteed.
7. If the
illustration shows any non-guaranteed elements, they cannot be based on a scale
more favorable to the policy owner than the insurer's illustrated scale at any
duration. These elements shall be clearly labeled non-guaranteed.
8. The guaranteed elements, if any, shall be
shown before corresponding non-guaranteed elements and shall be specifically
referred to on any page of an illustration that shows or describes only the
non-guaranteed elements (e.g., "see page one for guaranteed
elements.")
9. The account or
accumulation value of a policy, if shown, shall be identified by the name this
value is given in the policy being illustrated and shown in close proximity to
the corresponding value available upon surrender.
10. The value available upon surrender shall
be identified by the name this value is given in the policy being illustrated
and shall be the amount available to the policy owner in a lump sum after
deduction of surrender charges, policy loans and policy loan interest, as
applicable.
11. Illustrations may
show policy benefits and values in graphic or chart form in addition to the
tabular form.
12. Any illustration
of non-guaranteed elements shall be accompanied by a statement indicating that:
a. The benefits and values are not
guaranteed;
b. The assumptions on
which they are based are subject to change by the insurer; and
c. Actual results may be more or less
favorable.
13. If the
illustration shows that the premium payer may have the option to allow policy
charges to be paid using non-guaranteed values, the illustration must clearly
disclose that a charge continues to be required and that, depending on actual
results, the premium payer may need to continue or resume premium outlays.
Similar disclosure shall be made for premium outlay of lesser amounts or
shorter durations than the contract premium. If a contract premium is due, the
premium outlay display shall not be left blank or show zero unless accompanied
by an asterisk or similar mark to draw attention to the fact that the policy is
not paid up.
14. If the applicant
plans to use dividends or policy values, guaranteed or non-guaranteed, to pay
all or a portion of the contract premium or policy charges, or for any other
purpose, the illustration may reflect those plans and the impact on future
policy benefits and values.
B. Narrative Summary. A basic illustration
shall include the following:
1. A brief
description of the policy being illustrated, including a statement that it is a
life insurance policy;
2. A brief
description of the premium outlay or contract premium, as applicable, for the
policy. For a policy that does not require payment of a specific contract
premium, the illustration shall show the premium outlay that must be paid to
guarantee coverage for the term of the contract, subject to maximum premiums
allowable to qualify as a life insurance policy under the applicable provisions
of the Internal Revenue Code;
3. A
brief description of any policy features, riders or options, guaranteed or
non-guaranteed, shown in the basic illustration and the impact they may have on
the benefits and values of the policy;
4. Identification and a brief definition of
column headings and key terms used in the illustration; and
5. A statement containing in substance the
following: "This illustration assumes that the currently illustrated
nonguaranteed elements will continue unchanged for all years shown. This is not
likely to occur, and actual results may be more or less favorable than those
shown."
C. Numeric
Summary.
1. Following the narrative summary,
a basic illustration shall include a numeric summary of the death benefits and
values and the premium outlay and contract premium, as applicable. For a policy
that provides for a contract premium, the guaranteed death benefits and values
shall be based on the contract premium.
This summary shall be shown for at least policy years five
(5), ten (10) and twenty (20) and at age 70, if applicable, on the three bases
shown below. For multiple life policies the summary shall show policy years
five (5), ten (10), twenty (20) and thirty (30).
a. Policy guarantees;
b. Insurer's illustrated scale;
c. Insurer's illustrated scale used but with
the non-guaranteed elements reduced as follows:
(1) Dividends at fifty percent (50%) of the
dividends contained in the illustrated scale used;
(2) Non-guaranteed credited interest at rates
that are the average of the guaranteed rates and the rates contained in the
illustrated scale used; and
(3) All
non-guaranteed charges, including but not limited to, term insurance charges,
mortality and expense charges, at rates that are the average of the guaranteed
rates and the rates contained in the illustrated scale used.
2. In addition, if
coverage would cease prior to policy maturity or age 100, the year in which
coverage ceases shall be identified for each of the three (3) bases.
D. Statements. Statements
substantially similar to the following shall be included on the same page as
the numeric summary and signed by the applicant, or the policy owner in the
case of an illustration provided at time of delivery, as required in this
regulation.
1. A statement to be signed and
dated by the applicant or policy owner reading as follows: "I have received a
copy of this illustration and understand that any non-guaranteed elements
illustrated are subject to change and could be either higher or lower. The
agent has told me they are not guaranteed."
2. A statement to be signed and dated by the
insurance producer or other authorized representative of the insurer reading as
follows: "I certify that this illustration has been presented to the applicant
and that I have explained that any non-guaranteed elements illustrated are
subject to change. I have made no statements that are inconsistent with the
illustration."
E.
Tabular Detail.
1. A basic illustration shall
include the following for at least each policy year from one (1) to ten (10)
and for every fifth policy year thereafter ending at age 100, policy maturity
or final expiration; and except for term insurance beyond the 20th year, for
any year in which the premium outlay and contract premium, if applicable, is to
change:
a. The premium outlay and mode the
applicant plans to pay and the contract premium, as applicable;
b. The corresponding guaranteed death
benefit, as provided in the policy; and
c. The corresponding guaranteed value
available upon surrender, as provided in the policy.
2. For a policy that provides for a contract
premium, the guaranteed death benefit and value available upon surrender shall
correspond to the contract premium.
3. Non-guaranteed elements may be shown if
described in the contract. In the case of an illustration for a policy on which
the insurer intends to credit terminal dividends, they may be shown if the
insurer's current practice is to pay terminal dividends. If any non-guaranteed
elements are shown they must be shown at the same durations as the
corresponding guaranteed elements, if any. If no guaranteed benefit or value is
available at any duration for which a non-guaranteed benefit or value is shown,
a zero shall be displayed in the guaranteed column.