N.M. Admin. Code § 13.9.7.10 - MINIMUM CASH SURRENDER VALUES FOR FLEXIBLE PREMIUM POLICIES

Minimum cash surrender values for flexible premium universal life insurance policies shall be determined separately for the basic policy and any benefits and riders for which premiums are paid separately. The following requirements pertain to a basic policy and any benefits and riders for which premiums are not paid separately. The following requirements pertain to a basic policy and any benefits and riders for which premiums are not paid separately.

A. The minimum cash surrender value (before adjustment for indebtedness and dividend credits) available on a date as of which interest is credited to the policy shall be equal to the accumulation to that date of the premiums paid minus the accumulations to that date of:

(1) the benefit charges;

(2) the averaged administrative expense charges for the first policy year and any insurance-increase years;

(3) actual administrative expense charges for other years;

(4) initial and additional acquisition expense charges not exceeding the initial or additional expense allowances, respectively;

(5) any service charges actually made (excluding charges for cash surrender or election of a paid-up nonforfeiture benefit); and

(6) any deductions made for partial withdrawals; all accumulations being at the actual rate or rates of interest at which interest credits have been made unconditionally to the policy (or have been made conditionally, but for which the conditions have since been met), and minus any unamortized unused initial and additional expense allowances.

B. Interest on the premiums and on all charges referred to in 13 NMAC 9.7.10.1.1 - 9.7.10.1.6 [now Paragraphs (1) - (6) of Subsection A of 13.9.7.10 NMAC] shall be accumulated from and to such dates as are consistent with the manner in which interest is credited in determining the policy value.

C. The benefit charges shall include the charges made for mortality and any charges made for riders of supplementary benefit for which premiums are not paid separately. If benefit charges are substantially level by duration and develop low or no cash values, then the superintendent shall have the right to require higher cash values unless the insurer provides adequate justification that the cash values are appropriate in relation to the policy's other characteristics.

D. The administrative expense charges shall include charges per premium payment, charges per dollar of premium paid, periodic charges per thousand dollars of insurance, periodic per policy charges, and any other charges permitted by the policy to be imposed without regard to the policyowner's request for services.

E. The averaged administrative expense charges for any year shall be those which would have been imposed in that year if the charge rate or rates for each transaction or period within the year had been equal to the arithmetic average of the corresponding charge rates which the policy states will be imposed in policy years two through twenty in determining the policy value.

F. The initial acquisition expense charges shall be the excess of the expense charges, other than service charges, actually made in the first policy year over the averaged administrative expense charges for that year. Additional acquisition expense charges shall be the excess of the expense charges, other than service charges, actually made in an insurance-increase year over the averaged administrative expense charges for that year. An insurance-increase year shall be the year beginning on the date of increase in the amount of insurance by policyowner request (or by the terms or the policy).

G. Service charges shall include charges permitted by the policy to be imposed as the result of a policyowner's request for a service by the insurer (such as the furnishing of future benefit illustrations) or of special transactions.

H. The initial expense allowance shall be the allowance provided by Section 59A-20-31D items (b), (c), and (d) NMSA 1978, or by Section 59A-20-31F NMSA 1978, as applicable for a fixed premium, fixed benefit endowment policy with a face amount equal to the initial face amount of the flexible premium universal life insurance policy, with level premiums paid annually until the highest attained age at which a premium may be paid under the flexible premium universal life insurance policy, and maturing on the latest maturity date permitted under the policy, if any, otherwise at the highest age in the valuation mortality table. The unused initial expense allowance shall be the excess, if any, of the initial expense allowance over the initial acquisition expense charges as defined above.

I. If the amount of insurance is subsequently increased upon request of the policyowner (or by the terms of the policy), an additional expense allowance and an unused additional expense allowance shall be determined on a basis consistent with the above and with Section 59A-20-31F(5) NMSA 1978, using the face amount and the latest maturity date permitted at that time under the policy.

J. The unamortized unused initial expense allowance during the policy year beginning on the policy anniversary at age x+t (where x is the issue age) shall be the unused initial expense allowance multiplied by a_x+t divided by a_x where a_x+t and a_x are present values of an annuity of one per year payable on policy anniversaries beginning at ages x+t and x, respectively and continuing until the highest attained age at which a premium may be paid under the policy, both on the mortality and interest bases guaranteed in the policy. An unamortized unused additional expense allowance shall be the unused additional expense allowance multiplied by a similar ratio of annuities, with a_x replaced by an annuity beginning on the date as of which the additional expense allowance was determined.

Notes

N.M. Admin. Code § 13.9.7.10

12-1-85; Recompiled 11/30/01