N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 50-2.10
Illustrations of benefits payable under any separate account contract, which are incorporated in or attached to the contract or are utilized in advertising or sales material relating to the contract, shall not include projections of past investment experience into the future or attempted predictions of future investment experience; provided that nothing herein contained shall prohibit the use of hypothetical rates of investment return, clearly designated as such, to illustrate possible levels of variable annuity payments, if the use of the hypothetical rates is not in conflict with applicable requirements of the United States Securities and Exchange Commission. If any hypothetical rate of investment return is used for illustration purposes, a corresponding additional illustration also shall be included using a hypothetical rate of investment return at least at the same interval below the pivotal rate of investment return. As used in this section, the pivotal rate of investment return is the smallest annual rate of investment return, as defined in section 50-2.3(a)(9) of this Subpart, which must be earned by the separate account if the dollar amount of variable annuity payments is not to decrease. Except as approved by the superintendent, no hypothetical rate of investment return in excess of eight percent shall be used in any illustration.
N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 50-2.10