R590-198-3. Applicability

This rule shall apply to all life insurance policies, with or without nonforfeiture values, issued on or after the original enactment date of this rule, subject to the following exceptions and conditions.

A. Exceptions

(1) This rule shall not apply to any individual life insurance policy issued on or after January 4, 2000 if the policy is issued in accordance with and as a result of the exercise of a reentry provision contained in the original life insurance policy of the same or greater face amount, issued before January 4, 2000, that guarantees the premium rates of the new policy. This rule also shall not apply to subsequent policies issued as a result of the exercise of such a provision, or a derivation of the provision, in the new policy.

(2) This rule shall not apply to any universal life policy that meets all the following requirements:

(a) Secondary guarantee period, if any, is five-years or less;

(b) Specified premium for the secondary guarantee period is not less than the net level reserve premium for the secondary guarantee period based on the CSO (Commissioner's Standard Ordinary) valuation tables as defined in Section 4F of this rule and the applicable valuation interest rate; and

(c) The initial surrender charge is not less than 100% of the first year annualized specified premium for the secondary guarantee period.

(3) This rule shall not apply to any variable life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts.

(4) This rule shall not apply to any variable universal life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts.

(5) This rule shall not apply to a group life insurance certificate unless the certificate provides for a stated or implied schedule of maximum gross premiums required in order to continue coverage in force for a period in excess of one-year.

B. Conditions

(1) Calculation of the minimum valuation standard for policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits, other than universal life policies, or both, shall be in accordance with the provisions of Section 6.

(2) Calculation of the minimum valuation standard for flexible premium and fixed premium universal life insurance policies, that contain provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period shall be in accordance with the provisions of Section 7.