210 Neb. Admin. Code, ch. 40, § 007

Current through September 17, 2024

Section 210-40-007 - Mandatory Policy Provisions

The policy shall provide the following:

007.01 Periodic Disclosure to Policyowner

The policy shall provide that the policyowner will be sent, without charge, at least annually, a report which will serve to keep such policyowner advised as to the status of the policy. The end of the current report period must be not more than three months previous to the date of the mailing of the report. Specific requirements of this report are detailed in Section 009.

007.02 Current Illustrations

The annual report shall provide notice that the policyholder may request an illustration of current and future benefits and values.

007.03 Policy Guarantees

The policy shall provide guarantees of minimum interest credits and maximum mortality and expense charges. All values and data shown in the policy shall be based on guarantees. No figures based on nonguarantees shall be included in the policy.

007.04 Calculation of Cash Surrender Values

The policy shall contain at least a general description of the calculation of cash surrender values including the following information:

007.04A The guaranteed maximum expense charges and loads.

007.04B Any limitation on the crediting of additional interest. Interest credits shall not remain conditional for a period longer than twenty-four (24) months.

007.04C The guaranteed minimum rate or rates of interest.

007.04D The guaranteed maximum mortality charges.

007.04E Any other guaranteed charges.

007.04F Any surrender or partial withdrawal charges.

007.05 Changes in Basic Coverage

If the policyowner has the right to change the basic coverage, any limitation on the amount or timing of such change shall be stated in the policy. If the policyowner has the right to increase the basic coverage, the policy shall state whether a new period of contestability and/or suicide is applicable to the additional coverage.

007.06 Grace Period and Lapse

The policy shall provide for written notice to be sent to the policyowner's last known address at least thirty (30) days prior to termination of coverage.

A flexible premium policy shall provide for a grace period of at least thirty (30) days after lapse. Unless otherwise defined in the policy, lapse shall occur on that date on which the net cash surrender value first equals zero.

007.07 Misstatement of Age or Sex

If there is a misstatement of age or sex in the policy, the amount of the death benefit shall be that which would be purchased by the most recent mortality charge at the correct age or sex. The Director may approve other methods which are deemed satisfactory.

007.08 Maturity Date

If a policy provides for a "maturity date", "end date", or similar date, then the policy shall also contain a statement, in close proximity to that date, that it is possible that coverage may not continue to the maturity date even if scheduled premiums are paid in a timely manner, if such is the case.

210 Neb. Admin. Code, ch. 40, § 007