211 CMR 95.05 - Charges Against a Separate Account

Current through Register 1466, April 1, 2022

(1) An insurer must clearly disclose in writing, at the time of solicitation or contemporaneously with delivery of the policy, all charges that may be made against the separate account.
(2) An insurer may deduct only the following from the separate account:
(a) taxes or reserves for taxes attributable to investment gains and income of the separate account as required by applicable state or federal law;
(b) actual cost of reasonable brokerage fees and similar reasonable direct acquisition and sales costs incurred in the purchase or sale of separate account assets;
(c) actuarially determined mortality costs of insurance (tabular costs) and the release of separate account liabilities;
(d) reasonable charges for administrative expenses and investment management expenses, including internal costs attributable to the investment management of assets of the separate account;
(e) a reasonable charge, at a rate specified in the policy, for mortality and expense guarantees;
(f) any amounts in excess of those required to be held in the separate account;
(g) charges for incidental insurance benefits; and
(h) any other type of charge that the Commissioner has determined to be fair and reasonable.
(3) The description or charges made against the separate account shall contain the following information:
(a) all charges shall be identified by their purpose, including, but not limited to, identification by kind of administrative charge, investment management charge, cost of insurance or other charge;
(b) all charges shall be clearly described together; and
(c) the description shall specify guaranteed maximum charges (in dollar amounts or proportions) for each type of charge and the time period covered by such charge.

Notes

211 CMR 95.05

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