31A-22-411 - Insurance policies providing variable benefits.
31A-22-411. Insurance policies providing variable benefits.
(1) An insurance policy that provides for payment of a benefit in a variable amount shallcontain a statement of the essential features of the procedure to be followed by the insurer indetermining the dollar amount of the variable benefits.
(2) A variable insurance policy shall contain:
(a) an appropriate nonforfeiture benefit in lieu of those required by either Section31A-22-408 or 31A-22-409;
(b) an appropriate reinstatement provision in lieu of those required by Section31A-22-407; and
(c) a grace period provision appropriate to that type of insurance policy in lieu of thoserequired by Section 31A-22-402.
(3) An individual insurance policy and a certificate issued under a group insurance policyshall conspicuously state on its first page that:
(a) the dollar amount may decrease or increase according to investment experience; and
(b) a benefit under the insurance policy is payable on a variable basis.
(4) A life insurance or annuity policy with a variable benefit issued under a separateaccount shall, on either the application or the insurance policy, state that the insurer's liabilitieswith respect to a variable benefit under the insurance policy are subject to satisfaction only out ofthe insurer's variable account assets.
(5)(a) A variable insurance policy shall state whether it may be amended as to:
(i) investment policy;
(ii) voting rights; and
(iii) conduct of the business and affairs of a separate account.
(b) Subject to any preemptive provision of federal law, an amendment of the typedescribed in this Subsection (5) is subject to:
(i) filing under Section 31A-21-201; and
(ii) approval by a majority of the policyholders in the separate account.
Amended by Chapter 10, 2010 General Session