N.Y. Comp. Codes R. & Regs. tit. 11 § 223.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 223.3 - Definitions

For purposes of this Part only:

(a) Active duty means full-time duty in the active military service of the United States and includes members of the reserve component (National Guard and Reserve) while serving under published orders for active-duty or full-time training, but with respect to a member of the reserve component, does not include annual training or active duty for training under military calls or orders specifying periods of less than 31 calendar days.

(b) DoD means the United States Department of Defense.

(c) DoD personnel means all active-duty service members and all civilian employees, including nonappropriated fund employees and special government employees, of the United States Department of Defense.

(d) Door-to-door means a solicitation or sales method whereby an insurance producer proceeds randomly or selectively from household to household without prior specific appointment.

(e) General advertisement means an advertisement having as its sole purpose the promotion of the reader's or viewer's interest in the concept of insurance, or the promotion of the insurer or the insurance producer.

(f) Insurer means a person, firm, association, corporation or joint-stock company doing an insurance business as defined in section 1101 of the Insurance Law, including a fraternal benefit society.

(g) Insurance policy means, except as limited by section 223.4 of this Part, an agreement providing "life insurance" as defined in section 1113(a)(1) of the Insurance Law; "annuities" as defined in section 1113(a)(2) of the Insurance Law; and benefits in the event of death or dismemberment by accident and benefits for disability income pursuant to section 1113(a)(3) of the Insurance Law.

(h) Insurance producer has the meaning ascribed by section 2101(k) of the Insurance Law.

(i) Known or kowingly means, depending on its use herein, the insurance producer or insurer had actual awareness, or in the exercise of ordinary care should have known, at the time of the act or practice complained of, that the person solicited:

(1) is a service member; or

(2) is a service member with a pay grade of E-4 or below.

(j) Military installation means any federally owned, leased, or operated base, reservation, post, camp, building, or other facility to which service members are assigned for duty, including barracks, transient housing, and family quarters.

(k) MyPay means a Defense Finance and Accounting Service (DFAS) web-based system that enables service members to process certain discretionary pay transactions or provide updates to personal information data elements without using paper forms.

(l) Service member means any active-duty officer (commissioned and warrant) or enlisted member of the United States Armed Forces.

(m) SGLI means Servicemembers' Group Life Insurance.

(n) Side fund means a fund or reserve that is part of or otherwise attached to an insurance policy (excluding individually issued annuities) by rider, endorsement or other mechanism that accumulates premium or deposits with interest or by other means. The term does not include:

(1) accumulated value or cash value or secondary guarantees provided by a universal life policy;

(2) cash values provided by a whole life policy that are subject to section 4221 of the Insurance Law; or

(3) a premium deposit fund that:

(i) contains only premiums paid in advance that accumulate at interest;

(ii) imposes no penalty for withdrawal;

(iii) does not permit funding beyond future required premiums;

(iv) is not marketed or intended as an investment; and

(v) does not carry a commission, either paid or calculated.

(o) Specific appointment means a prearranged appointment agreed upon by both parties and definite as to place and time.

(p) United States Armed Forces means any component of the Army, Navy, Air Force, Marine Corps, and Coast Guard.

(q) VGLI means Veterans' Group Life Insurance.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 223.3