N.M. Admin. Code § 13.9.12.7 - DEFINITIONS

For purposes of this rule:

A. "Buyer's guide" means:

(1) for insurers selling only fixed deferred annuities, the text provided in 13 nmac 9.12.12 [now 13.9.12.12 NMAC]; and

(2) for insurers selling equity-indexed annuities, the text provided in 13 nmac 9.12.12 and 9.12.13 [now 13.9.12.12 NMAC and 13.9.12.13 NMAC].

B. "Contract owner" means the owner named in the annuity contract or the certificate holder in the case of a group annuity contract.

C. "Determinable elements" means elements that are derived from processes or methods that are guaranteed at issue and not subject to company discretion, but where the values or amounts cannot be determined until some point after issue. These elements include the premiums, credited interest rates (including any bonus), benefits, values, non-interest based credits, charges or elements of formulas used to determine any of these. These elements may be described as guaranteed but not determined at issue. An element is considered determinable if it was calculated from underlying determinable elements only, or from both determinable and guaranteed elements.

D. "Disclosure document" means the written statement described in 13 nmac 9.12.9 [now 13.9.12.9 NMAC].

E. "Generic name" means a short title descriptive of the annuity contract being applied for or illustrated such as "single premium deferred annuity."

F. "Guaranteed elements" means the premiums, credited interest rates (including any bonus), benefits, values, non-interest based credits, charges or elements of formulas used to determine any of these, that are guaranteed and determined at issue. An element is considered guaranteed if all of the underlying elements that go into its calculation are guaranteed.

G. "Non-guaranteed elements" means the premiums, credited interest rates (including any bonus), benefits, values, non-interest based credits, charges or elements of formulas used to determine any of these, that are subject to company discretion and are not guaranteed at issue. An element is considered non-guaranteed if any of the underlying non-guaranteed elements are used in its calculation.

H. "Structured settlement annuity" means a "qualified funding asset" as defined in Section 130(d) of the Internal Revenue Code or an annuity that would be a qualified funding asset under Section 130(d) but for the fact that it is not owned by an assignee under a qualified assignment.

Notes

N.M. Admin. Code § 13.9.12.7

7-1-00; Recompiled 11/30/01