Section 2534.1 - DefinitionsAs used in this regulation:
(a) "Affiliate" of an insurer means any person, directly or indirectly, controlling, controlled by or under common control with such insurer, any person who regularly furnishes investment advice to such insurer with respect to its variable life insurance separate accounts for which a specific fee or commission is charged or any director, officer, partner or employee of any such insurer, controlling or controlled person, or person providing investment advice or any member of the immediate family of such person.(b) "Agent" means any person, corporation, partnership, or other legal entity which is licensed by this State as a life insurance agent.(c) "Assumed investment rate" means the rate of investment return which would be required to be credited to a variable life insurance policy, after deduction of charges for taxes, investment expenses and mortality and expense guarantees to maintain the variable death benefit equal at all times to the amount of death benefit, other than incidental insurance benefits, which would be payable under the plan of insurance if the death benefit did not vary according to the investment experience of the separate account.(d) "Benefit base" means the amount not less than the amount specified under Section 2534.5(b) (2) specified by the terms of the variable life insurance policy to which the difference between the net investment return and the assumed investment rate is applied in determining the variable benefits of the policy.(e) "Commissioner" means the Insurance Commissioner of this State.(f) "Control" (including the terms "controlling," "controlled by" and "under common control with") means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or non-management services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly owns, controls, holds with the power to vote, or holds proxies representing more than ten (10) percent of the voting securities of any other person. This presumption may be rebutted by a showing made to the satisfaction of the Commissioner that control does not exist in fact. The Commissioner may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect.(g) "General account" means all assets of the insurer other than assets in separate accounts established pursuant to Section 10506 of the Insurance Code of this State, whether or not for variable life insurance.(h) "Incidental insurance benefit" means all insurance benefits in a variable life insurance policy, other than the variable death benefit and the minimum death benefit, including but not limited to accidental death and dismemberment benefits, disability income benefits, guaranteed insurability options, family income or fixed benefit term riders.(j) "Minimum death benefit" means the amount of the guaranteed death benefit, other than incidental insurance benefits, payable under a variable life insurance policy regardless of the investment performance of the separate account.(k) "Net investment return" means the rate of investment return actually credited to a variable life insurance policy, after deduction of charges for taxes, investment expenses and mortality and expense guarantees in accordance with the terms of the policy.(l) "Person" means an individual, corporation, partnership, association, trust or fund.(m) "Separate account" means a separate account established under Section 10506 of the Insurance Code of this State for variable life insurance.(n) "Shall" is mandatory.(o) "Variable death benefit" means the amount of the death benefit, other than incidental insurance benefits, payable under a variable life insurance policy dependent on the investment performance of the separate account which the insurer would have to pay in the absence of the minimum death benefit.(p) "Variable life insurance policy" means any individual policy which provides for life insurance which varies according to the investment experience of any separate account or accounts established and maintained by the insurer as to such policy, as provided for in Section 10506 of the Insurance Code of this State.Cal. Code Regs. Tit. 10, § 2534.1