This rule is adopted and promulgated by the Commissioner of Banking and Insurance pursuant to the general authority granted in Sections 75 and 4902 of the Insurance Code and also Sections 4723 and 4724 of the Insurance Trade Practices in the Vermont Title 8 Insurance Code.
NOTE: It is the intent of this Regulation to include plans such as tax sheltered life or endowment plans sold pursuant to Section 403(b) of the Internal Revenue Code, or any other deferred compensation plan containing life contingencies and in which the buying decision rests with the insured.
For the purposes of this Regulation, the following definitions shall apply:
NOTE: A discussion of the Linton Yield Method may be found on pages 28-30 in the Analysis of Life Insurance Cost Comparison Index Methods, prepared by the Society of Actuaries Committee on Cost Comparison Methods and Related Issues (Special), September, 1974. Further discussion on the "low" YRT rates to be used in computing the Linton Yield, which are the rates specified in this rule, may be found in Appendix E, pp. 187-192 of that same publication.
The Policy Summary must consist of a separate document. All information required to be disclosed must be set out in such a manner as to not minimize or render any portion thereof obscure. Any amounts which remain level for two or more years of the policy may be represented by a single number if it is clearly indicated what amounts are applicable for each policy year. Amounts in items (5) and (13) of this Section shall be listed in total, not on a per thousand nor per unit basis. If more than one insured is covered under one policy or rider, guaranteed death benefits shall be displayed separately for each insured or for each class of insureds if death benefits do not differ within the class. Zero amounts shall be displayed as zero and shall not be displayed as a blank space.
Failure of an insurer to provide or deliver a Buyer's Guide or a Policy Summary as provided in Section 5. shall constitute an omission which misrepresents the benefits, advantages, conditions or terms of an insurance policy.
Any insurer, agent, representative, officer or employee of such insurer failing to comply with the requirements of this Regulation shall be subject to such penalties as provided in Title 8 V.S.A., Chapter 131, Section 4804 and any additional penalties as may be appropriate under the insurance laws of the State of Vermont.
This rule shall apply to all solicitations of life insurance which commence on or after April 1, 1978. The amended provisions of this rule are effective October 1, 1980.
Appendix A LIFE INSURANCE BUYER'S GUIDE
The face page of the Buyer's Guide shall read as follows: LIFE INSURANCE BUYER'S GUIDE
This guide can show you how to save money when you shop for life insurance. It helps you to:
-- Decide how much life insurance you should buy,
-- Decide what kind of life insurance policy you need, and
-- Compare the cost of similar life insurance policies.
Prepared by the National Association of Insurance Commissioners
Reprinted by (Company Name)
(Month and year of printing)
The Buyer's Guide shall contain the following language at the bottom of page 2:
The National Association of Insurance Commissioners is an association of state insurance regulatory officials. This association helps the various Insurance Departments to coordinate insurance laws for the benefit of all consumers. You are urged to use this Guide in making a life insurance purchase.
THIS GUIDE DOES NOT ENDORSE ANY COMPANY OR POLICY.
The remaining text of the Buyer's Guide shall begin on page 3 as follows:
BUYING LIFE INSURANCE
When you buy life insurance, you want a policy which fits your needs without costing too much. Your first step is to decide how much you need, how much you can afford to pay and the kind of policy you want. Then, find out what various companies charge for that kind of policy. You can find important differences in the cost of life insurance by using the life insurance cost indexes which are described in this Guide. A good life insurance agent or company will be able and willing to help you with each of these shopping steps.
If you are going to make a good choice when you buy life insurance, you need to understand which kinds are available. If one kind does not seem to fit your needs, ask about the other kinds which are described in this Guide. If you feel that you need more information than is given here, you may want to check with a life insurance agent or company or books on life insurance in your public library.
CHOOSING THE AMOUNT
One way to decide how much life insurance you need is to figure how much cash and income your dependents would need if you were to die. You should think of life insurance as a source of cash needed for expenses of final illnesses, paying taxes, mortgages or other debts. It can also provide income for your family's living expenses, educational costs and other future expenses. Your new policy should come as close as you can afford to making up the difference between (1) what your dependents would have if you were to die now, and (2) what they would actually need.
CHOOSING THE RIGHT KIND
All life insurance policies agree to pay an amount of money if you die. But all policies are not the same. There are three basic kinds of life insurance.
Remember, no matter how fancy the policy title or sales presentation might appear, all life insurance policies contain one or more of the three basic kinds. If you are confused about a policy that sounds complicated, ask the agent or company if it combines more than one kind of life insurance. The following is a brief description of the three basic kinds:
Term Insurance
Term insurance is death protection for a "term" of one or more years. Death benefits will be paid only if you die within that term of years. Term insurance generally provides the largest immediate death protection for your premium dollar.
Some term insurance policies are "renewable" for one or more additional terms even if your health has changed. Each time you renew the policy for a new term, premiums will be higher. You should check the premiums at older ages and the length of time the policy can be continued.
Some term insurance policies are also "convertible". This means that before the end of the conversion period, you may trade the term policy for a whole life or endowment insurance policy even if you are not in good health. Premiums for the new policy will be higher than you have been paying for the term insurance.
Whole Life Insurance
Whole life insurance gives death protection for as long as you live. The most common type is called "straight life" or "ordinary life" insurance, for which you pay the same premiums for as long as you live. These premiums can be several times higher than you would pay initially for the same amount of term insurance. But they are smaller than the premiums you would eventually pay if you were to keep renewing a term insurance policy until your later years.
Some whole life policies let you pay premiums for a shorter period such as 20 years, or until age 65. Premiums for these policies are higher than for ordinary life insurance since the premium payments are squeezed into a shorter period.
Although you pay higher premiums, to begin with, for whole life insurance than for term insurance, whole life insurance policies develop "cash values" which you may have if you stop paying premiums. You can generally either take the cash, or use it to buy some continuing insurance protection. Technically speaking, these values are called "nonforfeiture benefits". This refers to benefits you do not lose (or "forfeit") when you stop paying premiums The amount of these benefits depends on the kind of policy you have, its size, and how long you have owned it.
A policy with cash values may also be used as collateral for a loan. If you borrow from the life insurance company, the rate of interest is shown in your policy. Any money which you owe on a policy loan would be deducted from the benefits if you were to die, or from the cash value if you were to stop paying premiums.
Endowment Insurance
An endowment insurance policy pays a sum or income to you -- the policyholder -- if you live to a certain age. If you were to die before then, the death benefit would be paid to your beneficiary. Premiums and cash values for endowment insurance are higher than for the same amount of whole life insurance. Thus endowment insurance gives you the least amount of death protection for your premium dollar.
FIND A LOW COST POLICY
After you have decided which kind of life insurance fits your needs, look for a good buy. Your chances of finding a good buy are better if you use two types of index numbers that have been developed to aid in shopping for life insurance. One is called the "Surrender Cost Index" and the other is the "Net Payment Cost Index". It will be worth your time to try to understand how these indexes are used, but in any event, use them only for comparing the relative costs of similar policies. LOOK FOR POLICIES WITH LOW COST INDEX NUMBERS.
What is Cost?
"Cost is the difference between what you pay and what you get back. If you pay a premium for life insurance and get nothing back, your cost for the death protection is the premium. If you pay a premium and get something back later on, such as a cash value, your cost is smaller than the premium.
The cost of some policies can also be reduced by dividends; these are called "participating" policies. Companies may tell you what their current dividends are, but the size of future dividends is unknown today and cannot be guaranteed. Dividends actually paid are set each year by the company.
Some policies do not pay dividends. These are called "guaranteed cost" or "non-participating" policies. Every feature of a guaranteed cost policy is fixed so that you know in advance what your future cost will be.
The premiums and cash values of a participating policy are guaranteed, but the dividends are not. Premiums for participating policies are typically higher than for guaranteed cost policies, but the cost to you may be higher or lower, depending on the dividends actually paid.
What Are Cost Indexes?
In order to compare the cost of policies, you need to look at:
Cost indexes use one or more of these factors to give you a convenient way to compare relative costs of similar policies. When you compare costs, an adjustment must be made to take into account that money is paid and received at different times. It is not enough to just add up the premiums you will pay and to subtract the cash values and dividends you expect to get back. These indexes take care of the arithmetic for you. Instead of having to add, subtract, multiply and divide many numbers yourself, you just compare the index numbers which you can get from life insurance agents and companies:
* * * * * *
There is another number called the Equivalent Level Annual Dividend. It shows the part dividends play in determining the cost index of a participating policy. Adding a policy's Equivalent Level Annual Dividend to its cost index allows you to compare total costs of similar policies before deducting dividends. However, if you make any cost comparisons of a participating policy with a non-participating policy, remember that the total cost of the participating policy will be reduced by dividends, but the cost of the non-participating policy will not change.
How Do I Use Cost Indexes?
The most important thing to remember when using cost indexes is that a policy with a small index number is generally a better buy than a comparable policy with a larger index number. The following rules are also important:
IMPORTANT THINGS TO REMEMBER -- A SUMMARY
The first decision you must make when buying a life insurance policy is choosing a policy whose benefits and premiums most closely meet your needs and ability to pay. Next, find a policy which is also a relatively good buy. If you compare Surrender Cost Indexes and Net Payment Cost Indexes of similar competing policies, your chances of finding a relatively good buy will be better than if you do not shop. REMEMBER, LOOK FOR POLICIES WITH LOWER COST INDEX NUMBERS. A good life insurance agent can help you to choose the amount of life insurance and kind of policy you want and will give you cost indexes so that you can make cost comparisons of similar policies.
Don't buy life insurance unless you intend to stick with it. A policy which is a good buy when held for 20 years can be very costly if you quit during the early years of the policy. If you surrender such a policy during the first few years, you may get little or nothing back and much of your premium may have been used for company expenses.
Read your new policy carefully, and ask the agent or company for an explanation of anything you do not understand. Whatever you decide now, it is important to review your life insurance program every few years to keep up with changes in your income and responsibilities.
Appendix B
The (insert generic name) Life Policy is a special life insurance policy. It is neither intended nor recommended for individuals who are not reasonably certain that they will maintain the policy in-force for at least ten* full years.
Policy Options at the end of the 10th* Policy Year are:
If the person insured or policyowner does not elect an option, the terms of the policy designate Option No. ___ above as the automatic option.
The following is a brief outline of each option listed above.
Option 1. Continue as Whole Life Insurance for $___ face amount.
Premiums 11th* year and thereafter $___ Cash Values
10th year | $ ___ |
15th year | $ ___ |
20th year | $ ___ |
Age 65 | $ ___ |
What happens to Pure Endowment? ___
Option 2. Renew Partial Endowment Type Life Policy for second ten* years
First Renewal* | Premium | Total Death Benefit | Cash Value at End of Year |
11th year | |||
12th year | |||
13th year | |||
14th year | |||
15th year | |||
16th year | |||
17th year | |||
18th year | |||
19th year | |||
20th year | Pure Endow. ___ |
What happens to Pure Endowment? ___
Option 3. Convert to Decreasing Term to age 100 for $ ___ face amount. (A table of decreasing amount of insurance must be included.)
Annual Premium for the basic policy $ ___
Annual Premium for optional riders (describe) $ ___
What happens to Pure Endowment? ___
Option 4. Description of Premium and Benefit Patterns ___
* If the pure endowment matures in other than 10 years, this form should be altered to reflect the appropriate maturity dates.
Appendix C Maximum Yearly Renewable Term Insurance Mortality Tables
The following are the maximum mortality rates which may be used in determining the yearly renewable term premiums for calculating Average Annual Rate of Return Index (Linton Yield Method).
MORTALITY RATES PER 1,000 | |||||
Attained Age (x) | Male Lives | Female Lives | Attained Age (x) | Male Lives | Female Lives |
0 | 5.80 | 4.80 | 48 | 5.71 | 3.20 |
1 | 1.33 | 1.22 | 49 | 6.34 | 3.52 |
2 | 0.84 | 0.72 | 50 | 6.94 | 3.84 |
3 | 0.65 | 0.55 | 51 | 7.56 | 4.15 |
4 | 0.53 | 0.48 | 52 | 8.32 | 4.48 |
5 | 0.48 | 0.42 | 53 | 9.20 | 4.84 |
6 | 0.42 | 0.37 | 54 | 10.09 | 5.23 |
7 | 0.39 | 0.33 | 55 | 11.00 | 5.67 |
8 | 0.35 | 0.29 | 56 | 12.06 | 6.16 |
9 | 0.32 | 0.22 | 57 | 13.26 | 6.70 |
10 | 0.32 | 0.25 | 58 | 14.60 | 7.27 |
11 | 0.32 | 0.26 | 59 | 16.06 | 7.87 |
12 | 0.33 | 0.27 | 60 | 17.69 | 8.52 |
13 | 0.42 | 0.29 | 61 | 19.55 | 9.21 |
14 | 0.52 | 0.31 | 62 | 21.61 | 10.00 |
15 | 0.73 | 0.36 | 63 | 23.75 | 10.83 |
16 | 0.87 | 0.36 | 64 | 25.83 | 11.81 |
17 | 1.02 | 0.37 | 65 | 27.99 | 13.07 |
18 | 1.18 | 0.38 | 66 | 30.34 | 13.72 |
19 | 1.29 | 0.40 | 67 | 33.04 | 16.80 |
20 | 1.37 | 0.41 | 68 | 35.92 | 19.28 |
21 | 1.46 | 0.44 | 69 | 39.27 | 22.28 |
22 | 1.52 | 0.48 | 70 | 42.90 | 25.69 |
23 | 1.47 | 0.53 | 71 | 46.45 | 29.43 |
24 | 1.32 | 0.60 | 72 | 49.96 | 33.43 |
25 | 1.25 | 0.66 | 73 | 53.72 | 37.30 |
26 | 1.22 | 0.70 | 74 | 58.16 | 40.72 |
27 | 1.19 | 0.70 | 75 | 63.36 | 43.59 |
28 | 1.17 | 0.70 | 76 | 69.04 | 46.36 |
29 | 1.13 | 0.71 | 77 | 75.09 | 49.38 |
30 | 1.15 | 0.75 | 78 | 81.98 | 53.45 |
31 | 1.22 | 0.83 | 79 | 89.68 | 59.01 |
32 | 1.28 | 0.93 | 80 | 96.68 | 66.03 |
33 | 1.32 | 1.04 | 81 | 105.42 | 73.80 |
34 | 1.34 | 1.14 | 82 | 113.40 | 79.38 |
35 | 1.40 | 1.21 | 83 | 122.90 | 86.03 |
36 | 1.49 | 1.23 | 84 | 135.00 | 94.50 |
37 | 1.60 | 1.25 | 85 | 149.17 | 107.40 |
38 | 1.75 | 1.29 | 86 | 165.94 | 122.80 |
39 | 1.91 | 1.37 | 87 | 182.12 | 138.41 |
40 | 2.12 | 1.47 | 88 | 196.71 | 153.43 |
41 | 2.36 | 1.59 | 89 | 213.16 | 170.61 |
42 | 2.66 | 1.74 | 90 | 229.66 | 188.32 |
43 | 3.02 | 1.91 | 91 | 246.98 | 207.47 |
44 | 3.45 | 2.10 | 92 | 262.03 | 225.34 |
45 | 3.96 | 2.32 | 93 | 276.79 | 243.58 |
46 | 4.51 | 2.58 | 94 | 302.02 | 271.82 |
47 | 5.09 | 2.88 | 95 | 338.33 | 311.26 |
NOTE: The mortality rate for ages 0 through 14 are from the 1965-70 Select Basic Tables published on pages 202 and 203 of the Transactions of the Society of Actuaries Publication Year 1974, Number 3, 1973 Reports of Mortality and Morbidity Experience. The mortality rate for ages 15 and above are from the Ultimate Basic Tables, Male Lives (1957-1960 Experience), Female Lives (1957-1960 Experience) published on page 48 of the Transactions of the Society of Actuaries, Publication Year 1963, Number 2, 1962 Reports of Mortality and Morbidity Experience.
COMMISSIONER OF BANKING AND INSURANCE
21-011 Code Vt. R. 21-020-011-X