Mich. Admin. Code R. 500.845a - Sales illustrations
Rule 5a. Any sales illustration shown or furnished in connection with the sale of variable life insurance shall conform to all of the following requirements:
(a) All of the
following requirements apply only to the variable portion of contracts with
fixed and variable funding options:
(i) The
hypothetical interest rates used to illustrate accumulated policy values shall
be the rates which would actually be credited to the policy after deduction for
taxes, management fees, and any other contract charges.
(ii) Illustrations of accumulated policy
values shall include 1 illustration based solely on the policy contract
guarantees. Such illustration shall include, among other guarantees, the effect
of the maximum mortality and administrative charges specified in the
contract.
(iii) Except for
illustrations contained in the prospectus, the pattern of premium payments used
in an illustration shall be the initial pattern requested by the proposed
policyholder at inception or upon changes in fact amount requested by the
policyholder.
(iv) If the
illustrated policy contact provides for a variety of investment options, the
illustration may use an asset charge which is reasonably representative of a
typical blend of such options or it may use the asset charge of a particular
option.
(v) The illustration shall
disclose the transaction charges which will be levied against the contract
because of transactions requested in accordance with rights and privileges
specified in the policy contract. Any charge for the exercise of a right or
privilege upon which the illustration is based shall be reflected in the
illustrated values. The nature of any such charges shall be disclosed in a
clear statement accompanying such illustrations.
(vi) A clear statement shall be made
following the table of illustrated accumulated policy values that use of
hypothetical investment results does not in any way represent actual results or
suggest that such results will be achieved and shall indicate that the policy
values which actually arise will differ from those shown when the actual
investment results differ from the hypothetical rates illustrated. Assumptions
upon which illustrations are based shall be clearly disclosed.
(vii) Any sales illustration to a prospective
policyholder shall accurately reflect the policy being presented. Misleading
statements or captions or other misrepresentations are prohibited.
(viii) The requested sales illustration shall
be printed clearly and legibly on hard paper copy. An illustration displayed on
a computer screen may be used in addition to, but not as a substitute for, hard
paper copy.
(b) All of
the following requirements apply to variable life insurance contracts offering
both fixed and variable funding options:
(i)
An illustration of the variable funding option shall comply with these
rules.
(ii) If an illustration of
the fixed funding option is shown, accumulated policy values shall be shown on
the basis of guaranteed rates. One or more additional rates may also be shown,
but such rates shall not exceed current rates.
(iii) A summary illustration may be given in
which results from comparable illustrated and hypothetical interest rates are
combined. Such summary shall cross-reference to the accompanying separate
illustrations of the fixed and variable funding options.
(c) Nothing in this rule shall prohibit the
distribution, to the prospective policyholder, of illustrations in addition to
those required by
R 500.863 if, except for the
requirements of subdivision (a)(iii) of this rule which apply to required
illustrations under
R 500.863, such additional
illustrations comply with the standards set forth in these rules.
Notes
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