N.D. Admin. Code 45-04-14-01

Current through Supplement No. 394, October, 2024
Section 45-04-14-01 - Definitions

1. "Active duty" means full-time duty in the active military service of the United States and includes members of the reserve component such as the national guard and reserve while serving under published orders for active duty or full-time training. The term does not include members of the reserve component who are performing active duty or active duty for training under military calls or orders specifying periods of less than thirty-one calendar days.

2. "Commissioner" means the North Dakota insurance commissioner.

3. "DoD personnel" means all active duty service members and all civilian employees, including nonappropriated fund employees and special government employees of the department of defense.

4. "Door to door" means a solicitation or sales method whereby an insurance producer proceeds randomly or selectively from household to household without prior specific appointment.

5. "General advertisement" means an advertisement having as its sole purpose the promotion of the reader's or viewer's interest in the concept of insurance, or the promotion of the insurer or the insurance producer.

6. "Insurance producer" means a person required to be licensed under the laws of this state to sell, solicit, or negotiate life insurance, including annuities.

7. "Insurer" means an insurance company required to be licensed under the laws of this state to provide life insurance products, including annuities.

8. "Known" or "knowingly" means the insurance producer or insurer had actual awareness or in the exercise of ordinary care should have known at the time of the act or practice complained of that the person solicited is a service member.

9. "Life insurance" means insurance coverage on human lives, including benefits of endowment, annuities, benefits in the event of death or dismemberment by accident, and benefits for disability income.

10. "Military installation" means any federally owned, leased, or operated base, reservation, post, camp, building, or other facility to which service members are assigned for duty, including barracks, transient housing, and family quarters.

11. "MyPay" is a defense finance and accounting service (DFAS) web-based system that enables service members to process certain discretionary pay transactions or provide updates to personal information data elements without using paper forms.

12. "Service member" means any active duty commissioned or warrant officer or enlisted member of the United States armed forces.

13. "SGLI" means the United States department of veterans affairs servicemembers' group life insurance program of low cost group life insurance for servicemembers on active duty, ready reservists, members of the national guard, members of the commissioned corps of the national oceanic and atmospheric administration and the public health service, cadets and midshipmen of the four service academies, and members of the reserve officer training corps.

14. "Side fund" means a fund or reserve, excluding individually issued annuities, that is part of or otherwise attached to a life insurance policy by rider, endorsement, or other mechanism which accumulates premium or deposits with interest or by other means. The term does not include:

a. Accumulated value or cash value or secondary guarantees provided by a universal life policy;

b. Cash values provided by a whole life policy which are subject to standard nonforfeiture law for life insurance; or

c. A premium deposit fund which:

(1) Contains only premiums paid in advance which accumulate at interest;

(2) Imposes no penalty for withdrawal;

(3) Does not permit funding beyond future required premiums;

(4) Is not marketed or intended as an investment; and

(5) Does not carry a commission, either paid or calculated.

15. "Specific appointment" means a prearranged appointment agreed upon by both parties and definite as to place and time.

16. "United States armed forces" means all components of the army, navy, air force, marine corps, and coast guard.

17. "VGLI" means the United States department of veterans affairs veterans' group life insurance program of post-separation insurance which allows servicemembers to convert their SGLI coverage to renewable term insurance.

N.D. Admin Code 45-04-14-01

Effective January 1, 2008.

General Authority: NDCC 26.1-01-08, 28-32-02

Law Implemented: NDCC 26.1-04, 26.1-33-02