Section
1. Purpose.
The purpose of this regulation is to permit individual life
insurance policies to provide the same cash surrender values and paid-up
nonforfeiture benefits to both men and women. No change in minimum valuation
standards is implied by this regulation.
Section 2. Definitions.
A. As used in this regulation, "1980 CSO
Table, with or without Ten-Year Select Morality Factors" means that mortality
table, consisting of separate rates of mortality for male and female lives,
developed by the Society of Actuaries Committee to Recommend New Mortality
Tables for Valuation of Standard Individual Ordinary Life Insurance,
incorporated in the 1980 NAIC Amendments to the Model Standard Valuation Law
and Standard Nonforfeiture Law for Life Insurance, and referred to in those
models as the Commissioners 1980 Standard Ordinary Mortality Table, with or
without Ten-Year Select Mortality Factors.
B. As used in this regulation, "1980 CSO
Table (M), with or without Ten-Year Select Mortality Factors" means that
mortality table consisting of the rates of mortality for male lives from the
1980 CSO Table, with or without Ten-Year Select Mortality Factors.
C. As used in this regulation, "1980 CSO
Table (F), with or without Ten-Year Select Mortality Factors" means that
mortality table consisting of the rates of mortality for female lives from the
1980 CSO Table, with or without Ten-Year Select Mortality Factors.
D. As used in this regulation, "1980 CET
Table" means that mortality table consisting of separate rates of mortality for
male and female lives, developed by the Society of Actuaries Committee to
Recommend New Mortality Tables for Valuation of Standard Individual Ordinary
Life Insurance, incorporated in the 1980 NAIC Amendments to the Model Standard
Valuation Law and Standard Nonforfeiture Law for Life Insurance, and referred
to in those models as the Commissioners 1980 Extended Term Insurance
Table.
E. As used in this
regulation, "1980 CET Table (M)" means that mortality table consisting of the
rates of mortality for male lives from the 1980 CET Table.
F. As used in this regulation, "1980 CET
Table (F)" means that mortality table consisting of the rates of mortality for
female lives from the 1980 CET Table.
G. As used in this regulation, "1980 CSO and
1980 CET Smoker and Nonsmoker Mortality Tables" means the mortality tables with
separate rates of mortality for smokers and nonsmokers derived from the 1980
CSO and 1980 CET Mortality Tables by the Society of Actuaries Task Force on
Smoker/Nonsmoker Mortality and adopted by the National Association of Insurance
Commissioners in December, 198
3.
Section 3. Options.
For any policy of insurance on the life of either a male or
female insured delivered or issued for delivery in this state after the
operative date of Section
38-63-600(11)
for that policy form,
(i) a mortality
table which is a blend of the 1980 CSO Table (M) and the 1980 CSO Table (F)
with or without Ten-Year Select Mortality Factors may at the option of the
company be substituted for the 1980 CSO Table, with or without Ten-Year Select
Mortality Factors, and
(ii) a
mortality table which is of the same blend as used in (i) but applied to form a
blend of the 1980 CET Table (M) and the 1980 CET Table (F) may at the option of
the company be substituted for the 1980 CET Table
for use in determining minimum cash surrender values and amounts
of paid-up nonforfeiture benefits.
Section 3A. Alternate Rule.
In determining minimum cash surrender values and amounts of
paid-up nonforfeiture benefits for any policy of insurance on the life of
either a male or female insured on a form of insurance with separate rates for
smokers and nonsmokers delivered or issued for delivery in this state after the
operative date of Section
38-63-600(11)
for that policy form, in addition to the mortality tables that may be used
according to Section 3,
(i) a
mortality table which is a blend of the male and female rates of mortality
according to the
1980 CSO Smoker Mortality Table, in the
case of lives classified as smokers, or the 1980 CSO Nonsmoker Mortality Table,
in the case of lives classified as nonsmokers, with or without ten-year Select
Mortality Factors, may at the option of the company be substituted for the 1980
CSO Table, with or without Ten-Year Select Mortality Factors, and
(ii) a mortality table which is of the same
blend as used in (i) but applied to form a blend of the male and female rates
of mortality according to the corresponding 1980 CET Smoker Mortality Table or
1980 CET Nonsmoker Mortality Table may at the option of the company be
substituted for the 1980 CET Table.
Section 4. Unfair Discrimination.
It shall not be a violation of any provision of Chapter
57 of Title 38 of the 1976
Code for an insurer to issue the same kind of policy of life insurance on both
a sex distinct and sex neutral basis.
Section 5. Separability.
If any provision of this regulation or the application thereof to
any person or circumstances is for any reason held to be invalid, the remainder
of the regulation and the application of such provision to other persons or
circumstances shall not be affected thereby.
Section 6. Effective Date.
The effective date of this regulation is August 1, 1983.
CODE COMMISSIONER'S NOTE
Pursuant to 2011 Act No.
47, Section
14(B), the Code
Commissioner substituted "intellectual disability" for "mental retardation" and
"person with intellectual disability" or "persons with intellectual disability"
for "mentally retarded".
