N.J. Admin. Code § 11:4-52.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 11:4-52.5 - Standards for basic illustrations

(a) A basic illustration shall conform with the following requirements:

1. The illustration shall be labeled with the date on which it was prepared.

2. Each page, including any explanatory notes or pages, shall be numbered and show its relationship to the total number of pages in the illustration (for example, the fourth page of a seven-page illustration shall be labeled "page 4 of 7 pages").

3. The assumed dates of payment receipt and benefit pay-out within a policy year shall be clearly identified.

4. If the age of the proposed insured is shown as a component of the tabular detail, it shall be issue age plus the number of years the policy is assumed to have been in force.

5. The assumed payments on which the illustrated benefits and values are based shall be identified as premium outlay or contract premium, as applicable. For policies that do not require a specific contract premium, the illustrated payments shall be identified as premium outlay.

6. Guaranteed death benefits and values available upon surrender, if any, for the illustrated premium outlay or contract premium shall be shown and clearly labeled guaranteed. Such guaranteed death benefits and values shall include the benefits or values of any riders issued on the primary insured.

7. If the illustration shows any non-guaranteed elements, they cannot be based on a scale more favorable to the policy owner than the insurer's illustrated scale at any duration. These elements shall be clearly labeled non-guaranteed.

8. The guaranteed elements, if any, shall be shown before corresponding non-guaranteed elements and shall be specifically referred to on any page of an illustration that shows or describes only the non-guaranteed elements (for example, "see page one for guaranteed elements").

9. The account or accumulation value of a policy, if shown, shall be identified by the name this value is given in the policy being illustrated and shown in close proximity to the corresponding value available upon surrender.

10. The value available upon surrender shall be identified by the name this value is given in the policy being illustrated and shall be the amount available to the policy owner in a lump sum after deduction of surrender charges, policy loans and policy loan interest, as applicable.

11. Illustrations may show policy benefits and values in graphic or chart form in addition to the tabular form.

12. Any illustration of non-guaranteed elements shall be accompanied by a statement indicating that:

i. The benefits and values are not guaranteed;

ii. The assumptions on which they are based are subject to change by the insurer; and

iii. Actual results may be more or less favorable.

13. If the illustration shows that the premium payer may have the option to allow policy charges to be paid using non-guaranteed values, the illustration must clearly disclose that a charge continues to be required and that, depending on actual results, the premium payer may need to continue or resume premium outlays. Similar disclosure shall be made for premium outlay of lesser amounts or shorter durations than the contract premium. If a contract premium is due, the premium outlay display shall not be left blank or show zero unless accompanied by an asterisk or similar mark to draw attention to the fact that the policy is not paid up.

14. If the applicant plans to use dividends or policy values, guaranteed or non-guaranteed, to pay all or a portion of the contract premium or policy charges, or for any other purpose, the illustration may reflect those plans and the impact on future policy benefits and values.

15. An illustration may be provided under the assumption that policy loans are to be made. When policy loans are illustrated on a guaranteed basis, interest charged must be calculated at the highest numerical rate permitted under the terms of the contract, or, in the case of a contract with a variable rate based on an index, the current rate being charged.

(b) A basic illustration shall include the following:

1. A brief description of the policy being illustrated, including a statement that it is a life insurance policy;

2. A brief description of the premium outlay or contract premium, as applicable, for the policy. For a policy that does not require payment of a specific contract premium, the illustration shall show the premium outlay that must be paid to guarantee coverage for the term of the contract, subject to maximum premiums allowable to qualify as a life insurance policy under the applicable provisions of the Internal Revenue Code;

3. A brief description of all policy features, guaranteed or non-guaranteed, shown in the basic illustration and all riders or options for which premiums are being charged and the impact they may have on the benefits and values of the policy;

4. Identification and a brief definition of column headings and key terms used in the illustration;

5. A statement containing in substance the following: "This illustration assumes that the currently illustrated non-guaranteed elements will continue unchanged for all years shown. This is not likely to occur, and actual results may be more or less favorable than those shown"; and

6. If the policy contains a provision for policy loans, an explanation of how the existence of policy loans would be expected to affect non-guaranteed elements under the policy.

(c) Following the narrative summary under (b) above, a basic illustration shall include a numeric summary of the death benefits and values and the premium outlay and contract premium, as applicable. For a policy that provides for a contract premium, the guaranteed death benefits and values shall be based on the contract premium. This summary shall be shown for at least policy years five, 10 and 20 and at age 70, if applicable, on the three bases shown below. For multiple life policies the summary shall show policy years five, 10, 20 and 30. The numeric summary shall include the following:

1. The policy guarantees;

2. The insurer's illustrated scale;

3. The insurer's illustrated scale used but with the non-guaranteed elements reduced as follows:

i. Dividends at 50 percent of the dividends contained in the illustrated scale used;

ii. Non-guaranteed credited interest at rates that are the average of the guaranteed rates and the rates contained in the illustrated scale used; and

iii. All non-guaranteed charges, including, but not limited to, term insurance charges, mortality and expense charges, at rates that are the average of the guaranteed rates and the rates contained in the illustrated scale used; and

4. In addition, if coverage would cease prior to policy maturity or age 100, the year in which coverage ceases shall be identified for each of the three bases.

(d) The following statements shall be included on the same page as the numeric summary required under (c) above:

1. A statement to be signed and dated by the applicant or policy owner, as applicable, reading as follows: "I have received a copy of this illustration. The agent has told me that any non-guaranteed elements illustrated are subject to change and could be either higher or lower. The agent has told me they are not guaranteed"; and

2. A statement to be signed and dated by the insurance producer or other authorized representative of the insurer reading as follows: "I certify that this illustration has been presented to the applicant and that I have explained that any non-guaranteed elements illustrated are subject to change. I have made no statements that are inconsistent with the illustration."

(e) A basic illustration shall include the following tabular detail for at least each policy year from one to 10 and for every fifth policy year thereafter ending at age 100, policy maturity or final expiration; and except for term insurance beyond the 20th year, for any year in which the premium outlay and contact premium, if applicable, is to change:

1. The premium outlay and mode the applicant plans to pay and the contract premium, as applicable;

2. The corresponding guaranteed death benefit, as provided in the policy;

3. The corresponding guaranteed value available upon surrender, as provided in the policy;

4. For a policy that provides for a contract premium, the guaranteed death benefit and value available upon surrender shall correspond to the contract premium; and

5. Non-guaranteed elements may be shown if described in the contract. In the case of an illustration for a policy on which the insurer intends to credit terminal dividends, they may be shown if the insurer's current practice is to pay terminal dividends. If any non-guaranteed elements are shown they must be shown at the same durations as the corresponding guaranteed elements, if any. If no guaranteed benefit or value is available at any duration for which a non-guaranteed benefit or value is shown, a zero shall be displayed in the guaranteed column.

N.J. Admin. Code § 11:4-52.5