N.Y. Comp. Codes R. & Regs. tit. 11 § 50.8
Illustrations of benefits payable under any separate account annuity contract, which are incorporated in or attached to any such contract or are utilized in advertising or sales material relating to any such contract, shall not include projections of past investment experience into the future or attempted predictions of future investment experience; provided that nothing herein contained shall prohibit the use of hypothetical rates of investment return, clearly designated as such, to illustrate possible levels of variable annuity payments, if the use of such hypothetical rates is not in conflict with applicable requirements of the Securities and Exchange Commission. If any hypothetical rate of investment return is used for illustration purposes, a corresponding additional illustration shall also be included using a hypothetical rate of investment return at least at the same interval below the pivotal rate of investment return. As used herein, the "pivotal rate of investment return" is the smallest annual rate of investment return, as defined in section 50.1(a)(6) of this Part, which must be earned by the separate account if the dollar amount of variable annuity payments is not to decrease. Except as approved by the superintendent, no hypothetical rate of investment return in excess of eight percent may be used in such illustrations.
N.Y. Comp. Codes R. & Regs. Tit. 11 § 50.8