West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-11D - Variable Life Insurance
Section 114-11D-9 - Annual Report to Policyholders and Certificate Holders
Universal Citation: 114 WV Code of State Rules 114-11D-9
Current through Register Vol. XLI, No. 38, September 20, 2024
9.1. An insurer delivering or issuing for delivery in this state a variable life insurance policy shall mail to each variable life insurance policyholder at his or her last known address the following reports:
9.1.a. Within thirty (30) days after each
anniversary of the policy, a statement or statements of the cash surrender value,
death benefit, any partial withdrawal or policy loan, any interest charge, any
optional payments allowed pursuant to subsection 4.5 of this rule under the policy
computed as of the policy anniversary date. However, the statement may be furnished
within thirty (30) days after a specified date in each policy year so long as the
information contained therein is computed as of a date not more than sixty (60) days
prior to the mailing of the notice. This statement shall state that, in accordance
with the investment experience of the separate account, the cash values and the
variable death benefit may increase or decrease, and shall prominently identify any
value described therein which may be recomputed prior to the next statement required
by this section. If the policy guarantees that the variable death benefit on the
next policy anniversary date will not be less than the variable death benefit
specified in the statement, the statement shall be modified to so indicate. For
flexible premium policies, the report shall contain a reconciliation of the change
since the previous report in cash value and cash surrender value, if different,
because of payments made (less deductions for expense charges), withdrawals,
investment experience, insurance charges and any other charges made against the cash
value. In addition, the report shall show the projected cash value and cash
surrender value, if different, as of one year from the end of the period covered by
the report assuming that planned periodic premiums, if any, are paid as scheduled;
guaranteed costs of insurance are deducted; and the net return is equal to the
guaranteed rate or, in the absence of a guaranteed rate, is not greater than zero.
If the projected value is less than zero, a warning message shall be included that
states that the policy may be in danger of terminating without value in the next
twelve (12) months unless additional premium is paid.
9.1.b. An annual statement or statements that
include:
9.1.b.1. A summary of the financial
statement of the separate account based on the last annual statement filed with the
Commissioner;
9.1.b.2. The net
investment return of the separate account for the last year and, for each year after
the first, a comparison of the investment rate of the separate account during the
last year with the investment rate during prior years, up to a total of not less
than five (5) years when available;
9.1.b.3. A list of investments held by the
separate account as of a date not earlier than the end of the last year for which an
annual statement was filed with the Commissioner;
9.1.b.4. Any charges levied against the separate
account during the previous year; and
9.1.b.5. A statement of any change, since the last
report, in the investment objective and orientation of the separate account, in any
investment restriction or material quantitative or qualitative investment
requirement applicable to the separate account or in the investment advisor of the
separate account.
9.1.c. For
flexible premium policies, a report shall be sent to the policyholder if the amounts
available under the policy on any policy processing day to pay the charges
authorized by the policy are less than the amount necessary to keep the policy in
force until the next following policy processing day. The report shall indicate the
minimum payment required under the terms of the policy to keep it in force and the
length of the grace period for payment of the amount.
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