044-66 Wyo. Code R. § 66-6

Current through April 27, 2019

Section 66-6 - Variable Annuity Contracts

(a) A variable annuity providing benefits payable in variable amounts delivered or issued for delivery in this state shall contain a statement of the essential features of the procedures to be followed by the insurance company in determining the dollar amount of variable benefits. A contract, including a group contract and a certificate in evidence of variable benefits issued under the contract, shall state that the dollar amount will vary to reflect investment experience and shall contain on its first page a clear statement to the effect that the benefits of the contract are on a variable basis.

(b) Illustrations of benefits payable under any variable annuity shall not include projections of past investment experience into the future or attempted predictions of future investment experience. Nothing contained herein is intended to prohibit use of hypothetical assumed rates of return to illustrate possible levels of benefits.

(c) No individual variable annuity contract calling for the payment of periodic stipulated payments shall be delivered or issued for delivery in this state unless it contains in substance the following provision or provisions which in the opinion of the commissioner are more favorable to the holders of contracts:

• (i) A provision that there shall be a grace period of thirty (30) days, within which any stipulated payment to the insurer falling due after the first may be made, during which grace period the contract shall continue in force. The contract may include a statement of the basis for determining the date as of which a payment received during the grace period shall be applied to produce the values arising under the contract; and

• (ii) A provision that there shall be a reinstatement period in accordance with W.S. 26-16-110.

(d) A variable annuity contact delivered or issued for delivery in this state shall stipulate the investment increment factors to be used in computing the dollar amount of variable benefits or other variable contractual payments or values thereunder, and may guarantee that expense and mortality results shall not adversely affect the dollar amounts.

• (i) In the case of an individual variable annuity contract under which the expense and/or mortality results may adversely affect the dollar amount of benefits.
  • (A) The expense and mortality factors used in computing the dollar amount of variable benefits or other contractual payments or values shall be stipulated in the contract.
  • (B) Actual emerging expense and mortality results may be reflected in the dollar amount of benefits only through a mortality and expense charge that may vary only within a specified range indicated in the policy.

• (ii) In computing the dollar amount of variable benefits or other contractual payments or values under an individual variable annuity contract:
  • (A) The annual net investment increment assumption shall not exceed five percent (5%) except with the approval of the commissioner.
  • (B) To the extent that the level of benefits may be affected by future mortality results, the mortality factor shall be determined from the Annuity 2000 Mortality Table, or any modification of that table not having a lower life expectancy at any age, or any annuity mortality table adopted after 1996 by the National Association of Insurance Commissioners that is approved by the commissioner for this purpose.
  • (C) "Expense" as used in this subsection, may exclude some or all taxes, as stipulated in the contract.

(e) The reserve liability for variable annuities shall be established pursuant to the requirements of W.S. § 26-6-201 et seq. in accordance with actuarial procedures that recognize the variable nature of the benefits provided and any mortality guarantees.

044-66 Wyo. Code R. § 66-6

Adopted, Eff. 7/25/2016.