Section 3.9706 - Guaranteed and Non-Guaranteed Elements(a) For the purposes of this subchapter, "guaranteed element" means an element listed in §3.9705(a)(1) - (7) of this subchapter (relating to Determinable Elements) that is guaranteed and determined at issue. An element is considered guaranteed if all of the underlying elements used in its computation are guaranteed.(b) For the purposes of this subchapter, "non-guaranteed element" means an element listed in §3.9705(a)(1) - (7) of this subchapter that is subject to the insurer's discretion and is not guaranteed at issue. An element is considered non-guaranteed if any underlying element used in its computation is non-guaranteed.28 Tex. Admin. Code § 3.9706
The provisions of this §3.9706 adopted to be effective March 1, 2011, 36 TexReg 1281